Why No Action in the Murder of Bria Metz? Or, How to Derail Justice by Driving Up Costs

November 6, 2011 1 Comment

I heard from the father of Bria Metz yesterday: he said it’s been two years since Bria’s murderer, Aurelio Martinez, confessed to the crime.  Yet Martinez still hasn’t been to trial or been sentenced.

Bria Metz, murdered at 17, her body was abandoned by the side of a highway

Aurelio Martinez, sex offender and child abuser, confessed to killing Bria

The state of Florida also hasn’t gotten around to resolving Martinez’ 2003 felony child abuse and aggravated assault with a deadly weapon charges.  Apparently, the authorities are too busy doing other things.

Here is my previous post on the disgraceful record of Florida’s serial failure to keep the public safe from Aurelio Martinez.

So why does it take years to try a case in which the murderer confessed?  The answer lies in the machinations of the defense bar, and the perverse, outsized power they wield over criminal procedure and admission of evidence in our courts.  I don’t use the term perverse lightly — while the Florida Bar grandstands around the state pretending to examine problems of evidence that are either exceedingly isolated incidents or trumped-up claims by professional activists using fake statistics and faked “studies,” real problems that result in real denials of justice fester, unresolved — for many thousands of victims who will never receive justice as a result.

It would be nice if the Bar cared about that.  They don’t.

Here is a record of the docket entries in one of Martinez’ current charges.  Some entries are routine paperwork.  Others represent the types of manipulation that defund the courts.  Remember that most docket entries equal your money being spent in some way, large or small — and 155 docket entries into this murder case, there still hasn’t been a trial, just machinations and delays.

Martinez is also churning attorneys — another behavior designed to postpone trial, and a strategy frequently abetted by the defense attorneys themselves.  Must be nice to have that sort of power over other people’s money — and the administration of justice.

Imagine that you are the parent of a murdered child, forced to witness this drawn-out manipulation of procedural rules.  Bria’s family will likely be enduring this sickening game for the rest of their lives.  In the eyes of our legal system, Aurelio Martinez is the victim now:

Pinellas Case Uniform Case Entitlement Date Filed
CRC0912955CFANO 522009CF012955XXXXNO STATE VS MARTINEZ, 06/23/2009
Type Apr Cal Final Disposition Comp Division
01/30/2012 TRL M
Reset Original Sort Docket Date Docket Entry Defendant
1 11/01/2011 REMOVE FROM: MTN/HRG) A
2 11/01/2011 REMOVE FROM: MTN 110311/0830 AM -M-(REMOVE FROM A
3 10/17/2011 NOTICE RETURNED SERVED A
4 10/12/2011 NOTICE OF TRIAL – 013012 COURTROOM: M AT 08:30 A
5 10/11/2011 REMOVE FROM: TRL 110711/0830 AM -M- A
6 10/11/2011 TRIAL SET: 013012/0830 AM -M- BRING A
7 10/11/2011 ORDER GRANTING: D/MTN TO CONTINUE TRIAL A
8 10/07/2011 NOTICE RETURNED SERVED A
9 10/04/2011 WITNESS SUBPOENA RETURNED A
10 10/04/2011 NOTICE OF HEARING – 110311 COURTROOM: M AT 08:30 A
11 10/03/2011 WITNESS SUBPOENA RETURNED A
12 10/03/2011 NOTICE OF HEARING: 101111/0830 AM – MTN TO CONTINUE A
13 10/03/2011 WITNESS SUBPOENA RETURNED A
14 09/30/2011 WITNESS SUBPOENA RETURNED (2) A
15 09/28/2011 MOTION: TO CONTINUE TRIAL (2ND) A
16 09/27/2011 WITNESS SUBPOENA RETURNED A
17 09/27/2011 SUBPOENA (028) STATE A
18 09/26/2011 WITNESS SUBPOENA RETURNED A
19 09/23/2011 WITNESS SUBPOENA RETURNED A
20 09/22/2011 WITNESS SUBPOENA RETURNED A
21 09/21/2011 WITNESS SUBPOENA RETURNED A
22 09/19/2011 WITNESS SUBPOENA RETURNED (3) A
23 09/01/2011 ACK OF ADDL TANGIBLE EVIDENCE A
24 08/31/2011 NOTICE OF TAKING DEPOSITION (2) A
25 08/19/2011 ACK OF ADDL TANGIBLE EVIDENCE A
26 06/24/2011 NOTICE RETURNED SERVED A
27 06/20/2011 NOTICE OF TRIAL – 110711 COURTROOM: M AT 08:30 A
28 06/17/2011 REMOVE FROM: TRL 082911/0830 AM -M- A
29 06/17/2011 TRIAL SET: 110711/0830 AM -M- A
30 06/17/2011 MOTION WITHDRAWN D/MTN TO COMPEL A
31 06/17/2011 ORDER GRANTING: D/MTN TO CONTINUE TRIAL A
32 06/09/2011 MTN/COMPEL MORE ADEQUATE DISCOVERY A
33 06/09/2011 NOTICE OF HEARING: 061711/0830 AM – MTN/CONTINUE TRIAL & A
34 06/09/2011 MOTION: TO CONTINUE TRIAL A
35 04/28/2011 ATTORNEY APPOINTED: SIMONE LENNON A
36 04/28/2011 REGIONAL COUNSEL WITHDRAWN A
37 04/28/2011 TO CONFLICT (FORSETT HEARING) A
38 04/28/2011 ORDER GRANTING: D/MOTION TO WITHDRAW AS COUNSEL DUE A
39 04/18/2011 NOTICE RETURNED SERVED A
40 04/13/2011 NOTICE OF TRIAL – 082911 COURTROOM: M AT 08:30 A
41 04/12/2011 TRIAL SET: 082911/0830 AM -M- A
42 03/07/2011 NOTICE OF: CANCELLATION OF DEPOSITION 040811 A
43 03/07/2011 NOTICE OF TAKING DEPOSITION A
44 03/02/2011 NOTICE RETURNED SERVED A
45 02/28/2011 NOTICE RETURNED SERVED A
46 02/23/2011 NOTICE OF PRE-TRIAL – 041211 COURTROOM: M AT 08:30 A
47 02/22/2011 PRE-TRIAL HRG SET: 041211/0830 AM -M- A
48 02/22/2011 ORDER DENYING: PROSE/MTN TO DISMISS COUNSEL A
49 02/14/2011 ADDITIONAL LIST OF WITNESSES A
50 02/10/2011 NOTICE RETURNED SERVED A
51 02/08/2011 NOTICE OF TAKING DEPOSITION A
52 02/07/2011 NOTICE OF PRE-TRIAL – 022211 COURTROOM: M AT 08:30 A
53 02/04/2011 REMOVE FROM: TRL 022211/0830 AM -M- A
54 02/04/2011 PRE-TRIAL HRG SET: 022211/0830 AM -M- A
55 02/04/2011 COUNSEL A
56 02/04/2011 HEARING SET: 022211/0830 AM -M- MTN TO DISMISS A
57 02/04/2011 AT 8:30 A
58 02/04/2011 REMOVE FROM MOTION CALENDAR 2/17/11 A
59 02/04/2011 ORDER GRANTING: D/MTN TO CONTINUE TRIAL A
60 02/01/2011 DEFT’S. MOTION: FOR CONTINUANCE OF TRIAL A
61 02/01/2011 HEARING SET: 020411/0830 AM -M- MTN TO CONTINUE A
62 01/28/2011 NOTICE RETURNED SERVED A
63 01/25/2011 NOTICE OF HEARING – 021711 COURTROOM: M AT 08:30 A
64 01/19/2011 PRO SE MOTION: TO DISMISS COUNSEL A
65 01/18/2011 WITNESS SUBPOENA RETURNED (2) A
66 01/13/2011 SUBPOENA (028) STATE A
67 01/04/2011 NOTICE OF TAKING DEPOSITION A
68 12/13/2010 ADDITIONAL LIST OF WITNESSES A
69 12/09/2010 ADDITIONAL LIST OF WITNESSES A
70 11/23/2010 LETTER – COURT TO DEFT ACKNOWLEDGING RECEIPT OF LETTER A
71 11/23/2010 LETTER-DEFT TO COURT: RE: COMPLAINT CONCERNING ATTORNEY A
72 10/22/2010 WITNESS SUBPOENA RETURNED (3) A
73 10/20/2010 WITNESS SUBPOENA RETURNED (3) A
74 10/18/2010 WITNESS SUBPOENA RETURNED A
75 10/13/2010 NOTICE OF TAKING DEPOSITION A
76 10/12/2010 LETTER-DEFT TO CLK: REQT TO DISMISS COUNSEL A
77 10/08/2010 NOTICE RETURNED SERVED A
78 10/04/2010 NOTICE OF TRIAL – 022211 COURTROOM: M AT 08:30 A
79 10/01/2010 TRIAL SET: 022211/0830 AM -M- A
80 09/16/2010 LETTER-DEFT TO CLK: COMPLAINT AGAINST ATTORNEY A
81 09/16/2010 LETTER-DEFT TO COURT: REPRESENTATION A
82 09/02/2010 NOTICE RETURNED SERVED A
83 08/30/2010 NOTICE OF PRE-TRIAL – 100110 COURTROOM: M AT 08:30 A
84 08/27/2010 PRE-TRIAL HRG SET: 100110/0830 AM -M- A
85 08/13/2010 LETTER-DEFT TO CLK: COMPLAINT CONCERNING ATTORNEY A
86 08/03/2010 LETTER-DEFT TO CLK: RE: ATTORNEY A
87 06/23/2010 NOTICE RETURNED SERVED A
88 06/21/2010 NOTICE OF PRE-TRIAL – 082710 COURTROOM: M AT 08:30 A
89 06/18/2010 PRE-TRIAL HRG SET: 082710/0830 AM -M- A
90 06/18/2010 WAIVED RIGHT TO SPEEDY TRIAL (REAFFIRMED) A
91 06/18/2010 ORDER GRANTING: D/MTN TO CONTINUE A
92 05/05/2010 NOTICE RETURNED SERVED A
93 04/30/2010 NOTICE OF PRE-TRIAL – 061810 COURTROOM: M AT 08:30 A
94 04/29/2010 PRE-TRIAL HRG SET: 061810/0830 AM -M- A
95 04/29/2010 WAIVED RIGHT TO SPEEDY TRIAL (REAFFIRMED) A
96 04/29/2010 ORDER GRANTING: D/MTN TO CONTINUE A
97 02/23/2010 NOTICE RETURNED SERVED A
98 02/19/2010 NOTICE OF PRE-TRIAL – 042910 COURTROOM: M AT 08:30 A
99 02/18/2010 PRE-TRIAL HRG SET: 042910/0830 AM -M- BRING A
100 02/18/2010 ORDER GRANTING: D/MTN TO CONTINUE A
Reset Original Sort Docket Date Docket Entry Defendant
1 02/11/2010 REGIONAL COUNSEL APPOINTED A
2 02/11/2010 ORDER WITHDRAW PD DUE TO CONFLICT A
3 02/11/2010 ORDER GRANTING: PD/MTN TO WITHDRAW AS COUNSEL A
4 02/03/2010 NOTICE OF HEARING: 021110/0830 AM A
5 02/03/2010 MOTION TO WITHDRAW PUBLIC DEFENDER & A
6 01/21/2010 NOTICE RETURNED SERVED A
7 01/20/2010 ACK OF ADDL TANGIBLE EVIDENCE A
8 01/15/2010 NOTICE OF PRE-TRIAL – 021810 COURTROOM: M AT 08:30 A
9 01/14/2010 PRE-TRIAL HRG SET: 021810/0830 AM -M- BRING A
10 11/23/2009 NOTICE RETURNED SERVED A
11 11/20/2009 NOTICE OF PRE-TRIAL – 011410 COURTROOM: M AT 08:30 A
12 11/19/2009 PRE-TRIAL HRG SET: 011410/0830 AM -M- BRING A
13 11/19/2009 WAIVED RIGHT TO SPEEDY TRIAL (REAFFIRMED) A
14 11/19/2009 ORDER GRANTING: D/MTN TO CONTINUE A
15 10/12/2009 NOTICE RETURNED SERVED A
16 10/09/2009 NOTICE OF PRE-TRIAL – 111909 COURTROOM: M AT 08:30 A
17 10/08/2009 PRE-TRIAL HRG SET: 111909/0830 AM -M- BRING A
18 10/08/2009 WAIVED RIGHT TO SPEEDY TRIAL A
19 09/09/2009 ACK OF ADDL TANGIBLE EVIDENCE A
20 08/14/2009 NOTICE RETURNED SERVED A
21 08/10/2009 NOTICE OF PRE-TRIAL – 100809 COURTROOM: M AT 08:30 A
22 08/07/2009 PRE-TRIAL HRG SET: 100809/0830 AM -M- A
23 08/07/2009 WAIVED RIGHT TO SPEEDY TRIAL A
24 08/04/2009 ADDITIONAL LIST OF WITNESSES A
25 07/31/2009 DEMAND NOTICE INTENTION TO CLAIM ALIBI A
26 07/31/2009 ANSWER TO DEMAND FOR DISCOVERY A
27 07/22/2009 NOTICE RETURNED SERVED A
28 07/20/2009 NOTICE OF PRE-TRIAL – 080709 COURTROOM: M AT 08:30 A
29 07/17/2009 PRE-TRIAL HRG SET: 080709/0830 AM -M- A
30 07/10/2009 NOTICE OF DEFT QUALIFICATIONS AS A PRR – SERVED A
31 07/10/2009 NOTICE OF ENHANCED PENALTY RET’D SERVED A
32 07/08/2009 CASE REASSIGNED FROM DIV T TO DIV M BY COURT ADMIN 4180 A
33 07/06/2009 DEFT INVOCATION CONSTITUTIONAL RIGHTS A
34 07/01/2009 NOTICE RETURNED SERVED A
35 06/30/2009 DETERMINATION OF STATUS – INDIGENT A
36 06/30/2009 AFFIDAVIT OF INDIGENT STATUS A
37 06/29/2009 NOTICE OF ARRAIGNMENT – 071709 COURTROOM: M AT 09:00 A
38 06/26/2009 NOTICE OF DEFT QUALIFICATIONS AS A PRR A
39 06/26/2009 NOTICE OF ENHANCED PENALTY A
40 06/23/2009 WRITTEN PLEA NOT GUILTY-PUBLIC DEFENDER A
41 06/23/2009 DEMAND FOR DISCOVERY A
42 06/23/2009 PC FOUND IN POLK COUNTY A
43 06/23/2009 INDIGENT CRIMINAL DEFENSE FEE ASSESSED $ 50 A
44 06/23/2009 PUBLIC DEFENDER APPOINTED (INSOLVENCY) – PROVISIONAL A
45 06/17/2009 CASE TO BE TRANSFERRED TO PINELLAS COUNTY A
46 06/17/2009 MEMO OF SENTENCE/ORDER OF COURT (POLK CTY) A
47 06/17/2009 DEFENDANTS ELECTION OF VENUE A
48 06/03/2009 NOTICE OF HEARING RE ELECTION OF VENUE (POLK CTY) A
49 06/01/2009 DEFENDANTS ELECTION OF VENUE (POLK CTY) A
50 06/01/2009 ORDER FOLLOWING 1ST APPEARANCE (POLK CTY) A
51 06/01/2009 POLK COUNTY ARREST WARRANT A
52 05/27/2009 INFORMATION FILED: (1CT) MURDER IN THE SECOND DEGREE (PBL) A
53 05/12/2009 PINELLAS CTY ARREST AFFIDAVIT A
54 05/07/2009 ARREST WARRANT (POLK CTY) A
55 05/07/2009 COMPLAINT – COMPLAINT AFFIDAVIT SECOND DEG (POLK CTY) A
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1 thought on “Why No Action in the Murder of Bria Metz? Or, How to Derail Justice by Driving Up Costs”

  1. Hi.I’m the mother of one of many of Aurelio’s kids. I’m scared and would really want to find out what’s going on with him, and what his sentencing will be or will he once again get out a free man? I have no idea where to find out or where to look, as you’ve been the only site in which I have found the most up to date information. I would appreciate it if u can tell me if you’ve heard of anything further, as my family and I would like to live a peaceful life knowing that monster is put away for good. Thank you for anything you can offer.

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