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Brooks pleads guilty in real-estate agent Vivian Martin's death
By Joe Gorman
YOUNGSTOWN
The day before the fourth anniversary of Vivian Martin’s murder, one of the two men charged in the real-estate agent’s death pleaded guilty to aggravated murder as jury selection began in his trial in Mahoning County Common Pleas Court.
Prosecutors are recommending a sentence of life without parole for 29-year-old Robert Brooks, who was facing the death penalty for the Sept. 20, 2010, murder of Martin, 67.
In exchange for his guilty plea, prosecutors Friday agreed to dismiss the death-penalty specification.
Sentencing for Brooks is set for Oct. 1.
Police say Brooks and co-defendant Grant Cooper, 25, robbed and strangled Martin inside a home she was showing in the 3100 block of Nelson Avenue and then set the home on fire to cover up the crime.
Cooper pleaded guilty July 31 and is expected to receive a sentence of 29 years in prison.
Davida Brown, one of Martin’s daughters, said she would be satisfied if Brooks receives the sentence prosecutors are seeking.
“We’ll never feel like it’s justice, but it is closure,” Brown said.
Donna James, another one of Martin’s daughters, said her mother would be more blunt if she was around to see the guilty plea.
“She would say, ‘It’s about damn time,’” James said.
Brooks entered his pleas before Visiting Judge Lee Sinclair to counts of aggravated murder, aggravated robbery, aggravated arson and kidnapping relating to Martin’s death. He paused for a second and conferred with one of his lawyers before saying “guilty” to the charge of aggravated murder.
He also entered guilty pleas to a separate but similar incident Sept. 15, 2010, to charges of aggravated robbery and kidnapping with firearm specifications.
On Thursday, Judge Sinclair granted a defense motion to sever those two counts from the Martin case and have them tried separately.
More than 120 jurors reported for jury orientation to be selected to hear the case.
During the afternoon, negotiations for the plea picked up and took a couple of hours. At one point, Brooks also met with his mother before taking the plea.
When asked, he told Judge Sinclair he had served five years in the Army.
Neither defense attorneys nor prosecutors would comment on the plea agreement.
Judge Sinclair said defense attorneys have indicated they will have witnesses to testify on behalf of Brooks at the sentencing.
Defense attorney Ron Yarwood pointed out that although prosecutors are asking for life without parole, he and his co-counsel James Gentile will argue for less prison time.
Judge Sinclair stressed he is not bound by any recommendation and will base his decision on state law.
Cooper’s sentencing hearing is set for Oct. 2. He was expected to testify against Brooks if the case had gone to trial.
Both men were indicted Oct. 13, 2010, but the case was continuously delayed, much to the chagrin of Martin’s family.
The case had been assigned to Judge James C. Evans of common pleas court, but he recused himself in June because of his retirement Oct. 1. The Ohio Supreme Court then appointed Judge Sinclair, a retired Stark County Common Pleas Court judge and an expert on death-penalty law and procedure, to hear the case.
Brown said the pleas are good because her family will not have to relive the grisly details of her mother’s murder.
“I’m happy with that, that I don’t have to live this over and over again,” Brown said.
She said she also is thankful for the way Judge Sinclair was able to move the case forward to a swift end.
“I think he’s been wonderful,” Brown said.