Texas Department of Criminal Justice

Texas Attorney General Media Advisory

AUSTIN – Texas Attorney General Greg Abbott offers the following information about Alexander Martinez, who is scheduled to be executed after 6 p.m. June 7. In August 2001, Martinez sexually assaulted, robbed and fatally stabbed 45-year-old Helen Joyce Oliveros. In December 2002, Martinez was convicted of capital murder in Oliveros’ death in Houston. Though Martinez had not exhausted his appeals, he voluntarily forfeited them.

FACTS OF THE CRIME

Alexander Martinez called Helen Joyce Oliveros, a prostitute, and made arrangements for her to meet him at his house on Aug. 12, 2001. Martinez told the victim on the phone that he would pay around $300.00 for her services. On arriving at Martinez’s house, Oliveros began discussing payment. Martinez argued about the amount and whether he was going to pay. When it became clear that Martinez either had no money or was not going to pay her, a then angry Oliveros stated that she was going to leave, and began packing her things. Martinez stuck a knife against her neck and pushed her back. He began to attempt to have sex with her while holding the knife against her neck. The victim kicked Martinez away but he managed to grab her and prevent her from leaving. He then sliced her throat, causing her death. Martinez took $150 from the victim. On August 23, 2001, Oliveros’ nude body was found stuffed inside two garbage bags in a Houston field.

PROCEDURAL HISTORY

On October 11, 2002, a Harris County grand jury indicted Martinez for the capital murder of Helen Joyce Oliveros. On December 16, 2002, a Harris County jury returned a guilty verdict, and the trial court sentenced Martinez to death. On March 3, 2004, the Texas Court of Criminal Appeals affirmed Martinez’s conviction and death sentence . Martinez did not appeal the decision to the Supreme Court.

On February 27, 2004, Martinez applied for state habeas relief. On August 10, 2004, a competency hearing was held in state court regarding Martinez’s desire to forfeit his appeals. Martinez was found competent, and the convicting court dismissed his state habeas petition. The trial court set an execution date of March 10, 2005. On March 2, 2005, the trial court rescheduled Martinez’s execution for June 7, 2005. On April 13, 2005, the Texas Court of Criminal Appeals dismissed Alexander’s state writ petition.

CRIMINAL BACKGROUND

On August 9, 1994, Martinez was convicted of attempted murder.

Houston Chronicle

"Killer's 1-word creed: violence - Fearing he'll kill again, dreading a prison life, Alex Martinez is ready to be executed," by Allan Turner. (June 4, 2005, 1:45AM)

LIVINGSTON - The blue prison tattoos on Alex Martinez's arms and torso, as intense in imagery as anything on the ceiling of the Sistine Chapel, tell the story of his life. Somewhere, surely, are references to his wretched childhood, the endless beatings and psychological abuse. But it's the tombstones, macabre tributes to the women whose throats he slashed, that are most chilling. "Maria," reads one, referring to Maria Martinez, the stepmother who miraculously survived his brutal attack in August 2001. "To be continued."

The second cuts to the heart of what brought the 28-year-old one-time Houston fast-food worker to death row. Beneath the inscription, "RIP," are a date, a woman's name and the sum, "$300." Seemingly cryptic, the tattoo is a crude ink-and-skin memorial to South Houston prostitute Helen Joyce Oliveros, who, on Aug. 12, 2001, was murdered by Martinez during a squabble over her fee.

Martinez admitted that the slashings, just weeks after he was freed from prison where he served a sentence for attempted murder, might seem extreme responses to minor provocations — unless one believes in violence. "Yeah, I believe in violence," said Martinez, who is scheduled to be executed Tuesday and become the ninth killer to die in the state's Huntsville death house this year. "I was raised up with violence. I was hit, kicked, hollered at. It destroyed my family. Even in here (prison) I'm subject to violence. Even the state will be violent when I'm killed."

Partly out of fear that he will kill again, partly out of dread of spending his life behind bars, Martinez said in a recent death row interview that he wants to die. To the consternation of his appeals attorney, Houston lawyer Pat McCann, the killer has insisted that all efforts to save his life be halted. "I think Alexander's life still has value," he said. "I wish he would change his mind."

McCann thinks a key element of the prosecution's case — testimony by his client's Harris County cellmate, Cesar Rios — is faulty. "This is a case that never should have been a capital case to start with," McCann said. "A lying jailhouse snitch was one of the key elements in making a murder case a capital case. ... If Alexander dies, he'd be dying for a lie. That's not justice."

In rejecting Martinez's initial, automatic appeal in March 2004, however, the Texas Court of Criminal Appeals found that other evidence was "consistent with and corroborated" Rios' testimony. Evidence also supported the accuracy of three confessions Martinez gave investigators after his arrest. "He's one of the scariest people I've encountered across the table," said Assistant District Attorney Tammy Thomas, lead Harris County prosecutor in the case. "He seems to enjoy the kill. That's pretty apparent from the trial transcript. He's not sorry."

"He is among the most dangerous individuals this forensic psychiatrist has evaluated," Dr. Seth Silverman wrote after examining Martinez to determine his competency to waive appeals. "He has taken pride in his short temper and proclivity to extreme violence. The violence has escalated through his life, including during his incarceration. ... Mr. Martinez's decision to refuse his death penalty appeal is a logical extension of his lifelong disrespect of his own, as well as others' physical well-being."

Martinez, in the death row interview, affirmed that he likely would kill again. "Maybe not now," he said, "maybe not in 10 years. But someday, maybe 20 years from now, somebody would set me off. I give my life freely." Psychologist Carmen Petzold found that Martinez suffered from "numerous disorders," possibly stemming from his hellish childhood. Born to a heroin addict, Martinez was placed for adoption with a family in which he was verbally, physically and, he claimed, sexually abused by his new mother. Martinez told officials he was "beaten every night until my mother's hands hurt and she had to stop."

'His life just fell apart'

Martinez's adoptive mother, Velma Griffin, who raised the child from 15 months to nine years, when her marriage ended in divorce, denied all the abuse allegations. Today, she prays for him and hopes his life will be spared. She routinely attempts to visit him on death row, though on each occasion he has rebuffed her, silently returning to his cell when he determines the identity of his visitor. "I feel very sad," she said. "I cry all the way home. I have to sit in the car five to 10 minutes to compose myself. I just wanted him to know that somebody loves him."

Griffin said Martinez's early years showed promise — as a Boy Scout he was selected to address the Texas Senate. But after the divorce, when she gave up custody of her four children to her ex-husband, "his life just fell apart." Martinez said the situation hardly improved when his adoptive father remarried. His stepmother, he asserted, intensely disliked him and worked to alienate his father. "She wouldn't do anything," he said. "She'd wait until my dad came home, and he'd hit me hard." Martinez's father, stepmother and siblings could not be located for comment.

By the time Martinez dropped out of the ninth grade, he was a steady inhaler of spray paint fumes and similar substances. His adolescence and young adulthood were marked by continual violent skirmishes — only during three years was he free of the criminal-justice system, records show. "I always looked at it like everybody owed me something," Martinez said. "My mentality was not giving a damn. I couldn't see myself in the world for some reason. I was mad all the time. ... I always thought that I could go right someday. I always thought that things would work out for the best. And all the time I was getting further in the hole."

Deadly trail

In 1994, he stabbed a co-worker during an altercation at the pizza restaurant at which they worked, resulting in a seven-year sentence for attempted murder. He had been out of prison three weeks when he murdered Oliveros, a 45-year-old prostitute with a history of narcotics offenses. Martinez said he contacted the escort service for which Oliveros worked. When Oliveros arrived at Martinez's home — he was staying at Griffin's residence — the two quarreled over the woman's $300 fee.

In three statements to police, Martinez acknowledged that he had sex with the woman, then killed her. In one, he admitted that he had taken money and cocaine from her belongings. Martinez's county cellmate, Rios, who received a reduced sentence for his testimony, told jurors the killer told him he had placed a knife to the woman's throat as she gathered her things to leave, engaged in sex, forced the knife into her throat, then, to silence her, slashed her throat. He then placed the corpse in a bedroom closet, retrieving it three days later to dump it in a nearby vacant lot.

Prosecutors told jurors that to find Martinez guilty of capital murder they could accept that he had robbed and/or sexually assaulted his victim. It was not necessary that jurors agree on which felony he committed. The court of criminal appeals upheld prosecutors' interpretation of the law. In his death row interview, Martinez said he took money and drugs in the incident, but the theft was an afterthought, not a motivating factor. He indicated the couple had engaged in consensual sex. Residents of a well-kept South Houston neighborhood, where Oliveros apparently lived with her parents, now deceased, would not comment on the victim's descent into drug abuse and prostitution.

'Condemned forever'

On Aug. 23, 2001, Martinez slashed his stepmother's throat in an unprovoked attack as his 8-year-old half-brother and 12-year-old half-sister watched. The injured woman survived after spending nine days in the hospital, five of them in intensive care. Martinez was arrested later the same day after he confided his crimes to a relative in La Porte, who notified police.

When police searched Martinez's bedroom the next day, they found blood on the bed frame, wall, floor, closet shelves and door. Some of the blood, said Assistant District Attorney Marie Munier, was from Oliveros, some from Martinez. Because of irregularities the Houston Police Department's crime lab, the blood samples were tested a second time with the same results, she said.

Behind bars, Martinez seethed. He demanded to be housed "with my people," members of the violent Mexican Mafia prison gang. He denounced those who might have been sympathetic to him, notably the Texas Coalition to Abolish the Death Penalty, for failing to adequately champion his case.

And he wrote a letter to his adoptive mother: "I have not decided what discipline I will give you, but it will be severe," he said in the missive. " ... Wherever you go, I'll find you. I pray you go straight to hell when you die because when I meet you there, I will torture you for eternity, just as I am condemned forever."

ProDeathPenalty.com

Alexander Martinez called Helen Joyce Oliveros, a prostitute, and made arrangements for her to meet him at his house on Aug. 12, 2001. Martinez told the victim on the phone that he would pay around $300 for her services. On arriving at Martinez’s house, Oliveros began discussing payment. Martinez argued about the amount and whether he was going to pay. When it became clear that Martinez either had no money or was not going to pay her, a then angry Oliveros stated that she was going to leave, and began packing her things. Martinez stuck a knife against her neck and pushed her back. He began to attempt to have sex with her while holding the knife against her neck. The victim kicked Martinez away but he managed to grab her and prevent her from leaving. He then sliced her throat, causing her death. Martinez took $150 from the victim. On August 23, 2001, Oliveros’ nude body was found stuffed inside two garbage bags in a Houston field.

Texas Execution Information Center by David Carson.

Alexander Rey Martinez, 29, was executed by lethal injection on 7 June 2005 in Huntsville, Texas for the robbery and murder of a 45-year-old woman.

On 12 August 2001, Martinez, then 25, telephoned an escort agency and arranged for a woman to meet him at his Houston home. When Helen Oliveros arrived, she asked Martinez for the $300 he had agreed to pay. Martinez argued about the amount and whether he was going to pay. Oliveros then stated that she was going to leave, and began gathering her things. Martinez then put a knife to Oliveros' neck and had sex with her. Martinez then cut Oliveros' throat, and she died. Martinez then took $150 and some drugs from the victim. He hid the body in a closet for three days, then dumped it in a field.

On 23 August, Martinez attacked his stepmother, Maria Martinez, slashing her throat. She survived after spending nine days in the hospital. Alexander was arrested later that day after a relative he confided in notified the police. While in custody, Martinez confessed to killing Oliveros. Her body - nude and stuffed inside garbage bags - was found that day.

While awaiting trial, Martinez, who had extensive tatoos on his arms and torso, had two more added to his arms. They were tombstones bearing the names of his victims. Maria's tombstone read "To be continued." Oliveros' read "$300" and "R.I.P."

Martinez had numerous prior convictions and had been in and out of jail and prison since the age of 15. In August 1994, he was convicted of attempted murder for stabbing a worker at a pizza restaurant. He was sentenced to 7 years in prison. He served approximately one year before being paroled in August 1995. He was back behind bars a month later, on a felony theft conviction. He was paroled again on the attempted murder sentence in July 2001. He killed Oliveros 23 days later.

A jury convicted Martinez of capital murder in December 2002 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in March 2004. In August 2004, Martinez waived his remaining appeals. "Yeah, I believe in violence," Martinez said in an interview from death row at the Polunsky Unit in Livingston. "I was raised up with violence. I was hit, kicked, hollered at. It destroyed my family. Even in here, I'm subject to violence. Even the state will be violent when I'm killed." Martinez also admitted that he would probably kill again if he were freed. "Maybe not now, maybe not in ten years. But someday, maybe twenty years from now, somebody would set me off."

Martinez was adopted when he was 15 months old. He said that his adoptive mother, Velma Griffin, who raised him for the next 7½ years, sexually abused him and beat him "every night until [her] hands hurt and she had to stop."

While on death row, Martinez wrote Griffin a letter, in which he stated, "I have not decided what discipline I will give you, but it will be severe ... Wherever you go, I'll find you. I pray you go straight to Hell when you die, because when I meet you there, I will torture you for eternity, just as I am condemned forever." Griffin denied Martinez' allegations. She repeatedly attempted to visit him on death row, but he refused to see her.

When Martinez waived his appeals last August, he received a March 2005 execution date. That date was put off, however, when his lawyer filed an appeal against his wishes. "You should have heard him," attorney Pat McCann said. "He was furious." In the interview, Martinez admitted that he killed Oliveros. "I didn't have $300," he said. "She got real mad, and we got into a fight. I stabbed her." "I don't like what I did," Martinez said. "I'm ashamed for what I did."

On the afternoon of his execution, while he was waiting in the holding cell next to the death chamber, Martinez prepared a handwritten statement. "I have caused so much pain to so many people," he wrote. "I especially want to apologize to my victim's family for the life I took ... I am ashamed for what I've done!"

In his last statement, Martinez thanked his family and friends and expressed his love for them. He added, "and thanks for the friends at the Polunsky Unit that helped me get through this that didn't agree with my decision and still gave me their friendship." The lethal injection was started, and Martinez was pronounced dead at 6:18 p.m.

National Coalition to Abolish the Death Penalty

Alexander Martinez - TEXAS - June 7, 2005 6:00 p.m. CST

On June 7, 2005, the state of Texas is scheduled to execute Alexander Martinez, a 28-year-old Latino man, for the August 2001 murder of a 45-year-old white woman in Harris County.

Martinez stabbed the prostitute to death on August 12, 2001 in the city of Houston. He does not deny responsibility for the murder nor attempt to justify his actions. Instead, he expresses deep regret and remorse. “There was no justification for what I did,” says Martinez, “I am ashamed for what I did and I am a firm believer that actions speak louder than words.”

Martinez was convicted of first-degree murder on December 6, 2002 and sentenced to death. His conviction and sentence were affirmed on mandatory direct appeal.

At a hearing on May 20, 2004, Martinez waived his right to all further appeals. In a recent letter in which he attempted to offer an explanation as to why he chose to forego his appeals, Martinez stated, “I don’t want to be what I have come to be in this life. I don’t want to simply exist in this life. I want to live a life where I have free will and choices to make for myself.” He further remarks, “I have nothing to live for.”

Martinez’s desire to be executed appears to be fueled by feelings of despair and hopelessness. By permitting Martinez’s execution to proceed, Texas may very well be merely assisting in the suicide of a depressed individual. Please contact Gov. Rick Perry and express your conviction that Martinez's life should be spared.

Dallas Morning News

"Killer executed in death of prostitute." (AP 07:45 PM CDT on Tuesday, June 7, 2005)

HUNTSVILLE – Condemned killer Alexander Martinez was executed Tuesday for the robbery and fatal stabbing of a prostitute at a Houston house almost four years ago.

In a brief statement while strapped to the death chamber gurney, he thanked his family and friends and expressed his love for them. "And thanks for the friends at the Polunsky Unit that helped me get through this that didn't agree with my decision and still gave me their friendship," he said. Martinez, who would have turned 29 next week, ordered no appeals filed that could stop his punishment.

As the drugs began flowing, he gasped, coughed and let out a long wheeze. Eight minutes later at 6:18 p.m., he was pronounced dead. One of the tubes carrying the lethal drugs snaked around his right arm where there was a large tattoo of a woman with long flowing hair. Just beneath her image was a tombstone with a large dollar sign.

In a handwritten statement he prepared about two hours before his death, Martinez acknowledged that "I have caused so much pain to so many people. I especially want to apologize to my victim's family for the life I took. "I am only taking full responsibility for what I have done. I am truly sorry and, though some may not believe this, God only knows the truth and for that I know that's all that matters. I am ashamed for what I've done!"

His English-born wife by proxy and a sister-in-law were the only witnesses.

His execution was the ninth this year in Texas, the nation's leading capital punishment state. "I don't like what I did," Martinez said in a recent death row interview. "I'm ashamed for what I did. I can say I'm sorry, but my actions mean so much more."

Martinez was supposed to be put to death in March. That date was put off, however, when his lawyer filed an appeal in the state courts against Martinez's wishes. "You should have heard him," attorney Pat McCann said. "He was furious." When the Texas Court of Criminal Appeals dismissed the appeal, it cleared the way for setting the punishment for Tuesday.

At least two psychiatrists examined Martinez last year and determined he was mentally competent to make the decision. "I think he actually looks at this execution as peace if one can understand that," McCann said. "The system up there is so grim, some of them actually long for some kind of release."

The eighth-grade dropout who said he never had a real job was out of prison in August 2001 only three weeks on an attempted murder conviction when he telephoned an escort service that doubled as a prostitution operation. With a promise she would be paid $300, Helen Oliveros, 45, showed up at the Houston house where Martinez was staying. "I didn't have $300," he said. "She got real mad and we got into a fight. I stabbed her."

Evidence showed he slit the woman's throat with a knife, had sex with her and took about $150 from her. Then he folded her body into a trash bag and stuffed it in a closet. After a few days, he dumped the body in a nearby vacant field on Houston's east side.

He later attacked his stepmother, seriously injuring her by slashing her throat. When he told other relatives of that assault, they became afraid and called police. Prosecutors said he then confessed to the Oliveros slaying.

Martinez had been in and out of jail and prison since he was 15, when he was first arrested for stealing cars. In August 1994 he was convicted of attempted murder in Houston for stabbing a worker at a pizza place and was sentenced to seven years. A year later he was paroled, then returned to prison the following year for violating parole. On July 20, 2001, Martinez was freed under mandatory supervision. Oliveros was killed 23 days later.

Her name, along with the name of Martinez's stepmother, are on tombstones among extensive tattoos on his arms. "He did it before the trial," said Marie Munier, a Harris County assistant district attorney who was among the prosecutors handling Martinez's case. "One gave us the name of the complainant and said $300 and R.I.P. "He was really creepy."

At least six other Texas inmates have execution dates. Scheduled next for injection is Charles Dean Hood, set to die June 30 for the fatal shootings of a man and woman in Plano in 1989.

Reuters News

"Texas executes man for 2001 murder." (Tue Jun 7, 2005 08:17 PM ET)

HUNTSVILLE, Texas (Reuters) - Texas executed a 28-year man on Tuesday who halted all legal appeals and volunteered for lethal injection for the 2001 murder of a prostitute in Houston. Alexander Martinez, 28, was convicted of stabbing to death 45-year-old Helen Oliveros after arguing with her about a $300 payment. Martinez slit her throat and sexually assaulted her. He later dumped her body in a vacant lot.

Martinez was the ninth person executed this year in Texas. He had previously served a prison sentence for attempted murder of a restaurant worker.

Martinez confessed to killing Oliveros after he was arrested in 2001 for slitting his stepmother's throat. His stepmother survived the attack.

Statistics show an increasing number of death row inmates in the United States are seeking to halt the automatic appeals that accompany their death sentences and often take years to complete. Of the nearly 1,000 people executed in the last three decades, one in eight asked for their appeals to be dropped, although last year the rate rose to one in six. Experts have cited increasing tough living conditions in prison where the death row inmates are kept in constant isolation as a possible reason for the increase in "volunteers" for the death chamber.

Martinez was the 345th person put to death in Texas since the state resumed capital punishment in 1982, six years after the U.S. Supreme Court lifted a national death penalty ban, a total that leads the nation.

For his final meal, Martinez requested a cheeseburger, scrambled eggs, mashed potatoes with gravy, bacon, orange juice, fried steak, a fried pork chop, onion rings, french fries, a quarter fried chicken and a bowl of shredded cheese.

In a letter written by Martinez released by Texas prison officials, he took responsibility for the killing and apologized to his victim's family. "I would like to say though many disapproved of my decision in waiving my appeals, I have caused much pain to so many people," he wrote. None of the victim's family attended the execution, although Martinez's wife and sister-in-law were present.

Texas has six more executions scheduled this year.

Houston Chronicle

"Prostitute's killer welcomes execution this week; Condemned prisoner Alexander Martinez didn't plan on living this long." (Associated Press June 6, 2005, 2:31PM)

LIVINGSTON — Hoping to die back in March, the Houston man had his execution date canceled after his lawyer filed an appeal to the Texas Court of Criminal Appeals. "Really just a waste of my time," Martinez said recently from death row at the Texas Department of Criminal Justice Polunsky Unit outside Livingston, where he's been locked in a cell 23 hours a day for almost the past 2 1/2 years. "There are guys here who deserve a second chance, a third chance. I accept what's happening."

Martinez, who would turn 29 next week, is volunteering Tuesday evening to be the ninth Texas inmate put to death this year. He demanded no additional appeals be filed to try to stop his punishment in Huntsville for the August 2001 robbery and fatal stabbing of Helen Oliveros, a 45-year-old prostitute. "I just want to say there's no justification for what I did," said Martinez, who would turn 29 next week. "I feel I should have a choice, and I'm making my choice."

"He's genuinely been driving this train for the last six months and was not happy when it was postponed before," his lawyer, Pat McCann, said Monday. "I suppose one can imagine a situation where death is preferable to the life you have, and I suppose that's where he is."

Martinez, an eighth-grade dropout who said he never had a job, was out of prison only three weeks on an attempted murder conviction when he telephoned an escort service that was a front for prostitutes. They discussed payment and he said he agreed to $300. Oliveros then showed up at the Houston house where he was staying. "I didn't have $300," he said. "She got real mad and we got into a fight. I stabbed her."

Evidence showed he slit the woman's throat with a knife, had sex with her after she was dead and took about $150 from her. Then he folded her body into a trash bag and stuffed it in a closet. "I didn't feel anything at first," he said. "Two, three days later, it started bothering me."

He took the body to a nearby vacant field and dumped it. His brother later would testify about how he helped Martinez replace the carpet in the room where the slaying occurred because it was stained and smelled bad. "I regret I made that call," Martinez said, insisting it was the first time he had sought the services of a prostitute. "I was sort of curious."

Marie Munier, a Harris County assistant district attorney who helped prosecute Martinez, said he later slit the throat of his stepmother, who would survive her wounds, then went to another relative's house where he reported he had "done something bad," she said. Those relatives were afraid and called police, and he was linked to the Oliveros slaying. "He gives pretty much a full confession," Munier said.

Martinez said he had been in and out of jail and prison since he was 15 when he first was arrested for stealing cars. In August 1994 he was convicted of attempted murder in Houston for stabbing a worker at a pizza place and was sentenced to seven years. A year later he was paroled, then returned to prison the following year for violating parole.

On July 20, 2001, he was freed under mandatory supervision. Oliveros, whose name is on a tattoo of a tombstone on Martinez's arm, was killed 23 days later. "There's a feeling of anticipation that this is it," Martinez, from inside a tiny death row visiting cage, said of his decision to accelerate his death. "There ain't no turning back, the finality of it. "You wonder what's past this. I'm going to find out."

At least six other Texas inmates have execution dates, including another this month. Charles Dean Hood is set to die June 30 for the fatal shootings of a man and woman in the Dallas suburb of Plano in 1989.

KWTX-TV

"Texas Carries Out Ninth Execution Of 2005." (June 7, 2005)

Convicted killer Alexander Martinez was put to death just after 6 p.m. Tuesday in the Texas death chamber in Huntsville. He had no appeals pending Tuesday as Texas prison officials prepared for the execution.

Martinez was sentenced to die for the 2001 robbery and stabbing death of a 45-year-old prostitute in Houston.

Martinez had been out of prison for only three weeks after serving a sentence for attempted murder when he called an escort service that served as a front for prostitutes, authorities said. He agreed to pay $300 and later Oliveros arrived at the house in Houston where he was staying, authorities said. He didn’t have the money, though, and the two got into a fight, during which Oliveros was stabbed to death.

Records show Martinez had been in and out of jail and prison since he was 15 when he first was arrested for stealing cars. He was convicted in 1994 of attempted murder in Houston for stabbing a worker at a pizza place and was sentenced to seven years behind bars. Martinez was paroled one year later, and then was returned to prison the following year for violating parole.

He was the ninth inmate to be executed so far this year in Texas. Another execution is scheduled later this month.

FreeNet

Alexander Martinez #999438
Polunsky Unit D.R.
3872 FM 350 South
Livingston - Texas 77351 U.S.A.

EXECUTION SCHEDULED for March 10, 2005 Alexander gives up ...

Introduction

I extend there warm greetings to you. I hope you will take a moment to read my thoughts I wish to share with you in this introduction... My name is Alexander Rey Martinez. I'm 27 years of age, born June 16.1976- Mexican-American.

I have been on the row for a year now and although my fate of death I await for the appeal process to run its curie witnessing my fellow human beings around me be put to death, a reality of life and death. People whom you knew that are no longer living in the physical form - knowing each human being put to death is a step closer to your own.

Many people on the row handle this reality in many ways and some can't handle it. I choose to reach out to people and establish a form of friendship exchanging thoughts and giving companionship. I enjoy writing and have always enjoyed corresponding with friends. I also express myself in articles ways as well with poetry.

In me reaching out to you I'm interested in forming a to the end friendship bond. Someone who also enjoys writing, open minded, un-judgemental and out going personality. One who loves to explore, not only what’s surrounding them, but also beyond them as well.

To fully understand ones true existence, is to explore all aspects in life. Which I must express me being on death row how made me really reach within myself and creek for real me and my true existence in this world. I learn more about life through experiencing and sharing myself with whom I meet. For I have learned in each of us we have a part of each other within ourselves living. I wish to find that part of me in you. I work to give me the chance to do so as I reach out from my confines.

I'm not guaranteed a long life not even 6 years, but I do not worry about that at the moment because no matter what the outcome of my appeal is, I know I live forever in the hearts of my friends who has given me the chance to find another part of myself in them and to live through them as each friend lives through me.

Alexander Martinez - January 2004

By: Alexander M. 1-25-04

" Treasure Hidden Within "

February is a month where most people express their love to one other on a day, widely known as Valentine's Day. I don't have a sweetheart or some one I'm intimate with, but I don't think Valentine's Day is just for the lovers but for the feeling of love we have for one other. Either it be a sweetheart, a family member or a friend.

Well, I have a story I would love to share with you all. I don't think it's a story, story, but its experience I went through.

I was close to my Grandparents, especially my Grandma. The only one who let me stay up as late as I wanted too; who still had the classic cookie jar filled with cookies she made; and one woman who will holds the title of: " Worlds Best Cook! "

Oh, my Grandma could cook anything! She was a tall woman, strong minded, and strong willed. My Grandfather in the other hand was a short and stocky man, a very hard worker and dedicated to his family. My Grandparents were married many years and never did their love falter all them years. Truly a match made in heaven. What I refer as soulmates!

As we all show life here in the physical world doesn't live forever. For all things must come to an end. I lost my Grandfather in 1999 to an illness that befalled him and my Grandmother in 2001 to an illness that also befalled her. When my Grandfather passed away my Grandmother lost her will to live. She loved her husband so much she would cry for him. These years at the time I was incarcerated and couldn't be there for them.

However, I was able to speak with my Grandma a week before she passed. I was allowed to call and only for 5 minutes and she cried the whole time telling me she was sorry for not coming down to visit (that week she was approve to visit) me and how much she missed me and wanted to hug me. A week later she passed away.

I was always guaranteed to get a card from my Grandma on every holiday. If no one else sent me a card, I would get one from Grandma. The last card I received from her was a Valentine's Day card. I hated myself for not being there for her. I was feeling very empty and down. One night I had a very vivid and real dream, though it was not a dream. I remember standing inside this beautiful building and I was told I would see my Grandma. I waited anxiously for her. We embraced and I remember crying telling her I was sorry, I missed you and Love you very much! She just hugged me and said: " I know, I know!" Then she said to me: " Look, there's something for you!" "What is it, I said!"" You have to find it, look for it!" For all she said. With that, I awoke and I couldn’t believe what just happened to me. Everything was so real!

Over the next few years I spent wondering, what she meant by: there's something for me? Was it some hidden treasure, a gift or something? I felt a lot better after that experience. I finely had the chance to see her and tell her how much I loved her. Though, I was bothered by the hint she gave me. How come she couldn't just tell me what is it I needed to find?

What I have learned in these years is that we all live on and what keeps this alive is our love. To spiritually grow, and become aware is to experience all tribulations in life for ourselves. Therefore we learn our strengths and weaknesses.

Though it was the last card I received from my Grandma, it was specifically meant to be the last card and at that, a Valentine's Day card. A symbolic meaning to show me how powerful our love can be, that nothing can stop it, not even death. That loves lives on.

I know now what she meant by "there's something for you, you have to find it!" I was very confused and lost about life at that point in my life. It all came together like a puzzle and it was for me to put it together and solve it. No one can solve our problems but ourselves. I was right. It was a Treasure, it was hidden within myself.

So every Valentines Day I celebrate my Grandparents dedicated love and the love they shared with me. Not only their love I celebrate, but all who have sincerely shared their love with me. I encourage you all to reach out this Valentines Day to those around you and especially the special loved ones who have came into our lives who helped us solve the puzzle of who we truly are and the purpose for our existence, who helped us reveal the hidden treasure within ourselves.

Dedicated to My Grandparents: Gloria & Jesse Chavez

CellPals

Hello and most pleasant greetings to you. Thank you for visiting my exquisite website and hope that we can come to know each other, if you so wish. My name is Alexander Martinez, 23 years of age, Mexican American and presently incarcerated in Texas. I'm 5'4" and 165 lbs., A medium thickset physique, dark brown eyes, jet black wavey hair, bronze color skin. My predominate hobbies are advance artisan, writing, writing poetry, chess and reading various books to occupy the mind, just as well to educate it. Other hobbies that I enjoy doing, but restricted from are: ceramics, sculpturing, fishing, camping and raising small domestic animals. I love all animals that don't attack. My favorite color is aquamarine. I'm not looking for a particular individual to correspond with, just a mature being of all ages, nationalities and gender. I'm a peculiar, unique individual that loves to express myself with words and in artistry ways. My days are short and would like to meet those that enjoy to write, for it is a soothing way to express one self. Students or any individuals that have questions or curious of prison life, feel free to ask. All letters will be answered. As I close, may you have a pleasant evening and exit safely....Alexander Martinez

Martinez v. State, 129 S.W.3d 101 (Tex.Crim.App. 2004) (Direct Appeal).

Background: Defendant was convicted in the trial court, Harris County, Susan Brown, J., of capital murder, and was sentenced to death. Defendant appealed.

Holdings: The Court of Criminal Appeals, Keasler, J., held that:
(1) state's jury argument permitting jury to find defendant committed either of underlying offenses did not violate unanimity requirement, and
(2) legally and factually sufficient evidence supported finding of murder committed in course of aggravated sexual assault, as required to support defendant's conviction. Affirmed.

KEASLER, J., delivered the opinion for a unanimous Court.
Alexander Rey Martinez was convicted in December 2002 of capital murder. [FN1] Pursuant to the jury's answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, §§ 2(b) and 2(e), the trial judge sentenced Martinez to death. [FN2] Direct appeal to this Court is automatic. [FN3] Martinez raises five points of error challenging his conviction. We reject his contentions and affirm.

FN1. Tex. Penal Code Ann. § 19.03(a).

FN2. Art. 37.071 § 2(g). Unless otherwise indicated, all references to Articles refer to the Texas Code of Criminal Procedure.

FN3. Art. 37.071 § 2(h).

In his first point of error, Martinez claims the trial court erred in overruling his objection to the State's jury argument at guilt or innocence that the jurors need not agree on which underlying offense appellant committed, either robbery or aggravated sexual assault. The indictment charged Martinez with the alternative theories of murder committed in the course of committing and attempting to commit robbery, and murder committed in the course of committing and attempting to commit aggravated sexual assault. The jury charge permitted the jury to find appellant committed either of the underlying offenses. The prosecutor argued in closing that "as long as you 12 people agree that he's guilty of capital murder, you need not all agree ... which felony he's committed."

When an indictment alleges differing methods of committing capital murder in the conjunctive, the jury may properly be charged in the disjunctive. [FN4] Martinez concedes the existence of this precedent, but argues that allowing the jury to be split on which theory supports the verdict runs afoul of the unanimity requirement in Article 36.29(a) and defeats the purpose of the specific provisions for capital murder within Penal Code § 19.03(a)(2)

FN4. Kitchens v. State, 823 S.W.2d 256, 258 (Tex.Crim.App.1991), cert. denied, 504 U.S. 958, 112 S.Ct. 2309, 119 L.Ed.2d 230 (1992)

The unanimity requirement is not violated by instructing the jury on alternative theories of committing the same offense, in contrast to instructing the jury on two separate offenses involving separate incidents. [FN5] Jury argument referring to a point of law that is properly contained within the charge is permissible. Point of error one is overruled.

FN5. See Francis v. State, 36 S.W.3d 121, 124 (Tex.Crim.App.2000)

In points of error four and five, Martinez claims the evidence is legally and factually insufficient to support his conviction for capital murder in that the State failed to prove aggravated sexual assault beyond a reasonable doubt. Martinez concedes that he murdered the victim, but claims that the only evidence supporting a finding that he committed the murder in the course of committing or attempting to commit aggravated sexual assault came from a "jail snitch" who was not worthy of belief.

Martinez gave three different versions of the offense to police. In his first confession, videotaped on August 23, 2001, he stated that he arranged a meeting with the victim, a prostitute, on the phone. He agreed to the victim's price of over two hundred dollars, but he "told her that just to get her there." He stated that he really planned on trying "to get it for free." He stated that he met the victim at a mall and they got into her car and began driving. When he attempted to negotiate the price with the victim as they were driving, she became upset. Martinez told the victim to pull over so he could use the phone and when she stopped, he dragged her out of the car and cut her throat with a knife. He said he killed her because he did not like the way she was talking to him. He did not mention anything about sexual contact with the victim.

Martinez gave a written statement the following day. This statement was largely consistent with the first statement except that he also stated that he took $150.00 in cash and some cocaine from the victim after he killed her. He reiterated that he agreed to the price for the victim's services on the phone but stated again that he "never intended to pay her that much money." He stated that he "didn't have any money at all." Again, he did not mention sexual contact with the victim.

In a third interview Martinez admitted to killing the victim in his room at his mother's house. He stated that he had not been truthful about where he killed the victim because he was trying to protect his mother. In this interview, most of which was taped, Martinez stated that he had sex with the victim before stabbing her and that the victim "complied" with the sex. He also stated, however, that he did not pay her and never intended on paying her. He said he stabbed the victim when she "started tripping" about the money. She wanted to be paid around three hundred dollars and when Martinez told her he would not pay her, the victim started to leave. He said he grabbed her and "put the knife to her."

Cesar Rios, a cell mate of Martinez's at the Harris County Jail, testified for the State. Rios acknowledged his own pending criminal charges for unauthorized use of a motor vehicle and aggravated assault. Because he was a "habitual offender" Rios stated that the punishment range for the offenses was two to twenty years and twenty-five to ninety-nine years or life, respectively. Rios testified that could not read and write and that he did not learn any of the facts of the case from any source other than Martinez. Rios testified that Martinez told him about the offense during the course of two different conversations. Martinez told Rios that he contacted the victim through a phone number for an escort service.

On the phone, he agreed to the victim's price of $300 which would make her trip across town worthwhile. Martinez told Rios that he really only had $30. Martinez explained that when the victim arrived at his house she sat down on the floor in his room and they began discussing money. The victim wanted the money first and when it became apparent that Martinez did not have it, she got mad and tried to leave. Martinez attempted to stall her, and she again asked him to see the money. Martinez then said the victim "started going off on him." He told Rios that he had a knife in his pocket and when she said she was leaving and started gathering her things, Martinez put the knife to the side of her neck. He said she was still sitting on the floor and he pushed her back. He then got on top of the victim to have sex and pushed the knife into her neck. According to Rios, Martinez told him he was "inside of" the victim attempting to have sex with her when she kicked him off of her. The victim was bleeding and began begging him not to kill her and to call an ambulance. She told him that if he killed her, there would be no one to take care of her dog.

Martinez told her to be quiet so as not to wake the others in the house and tried to figure out how he could kill her without making too much noise. He finally sliced across her throat. After she was dead, Martinez put a towel over her sliced throat and had sex with her. He told Martinez he also played with sex toys he found in the victim's bag. When he was done, he stated that he folded the victim up and put her in a trash bag. He kept the body in his closet for about three days before disposing of the victim and her things. Martinez also described cleaning up his room and replacing the carpet. At the end of his testimony, Rios stated that the prosecutor had offered to drop the unauthorized use and habitual criminal charges against him in exchange for his testimony, the result being that Rios would plead to aggravated assault with a punishment range of two to twenty years.

Other evidence was consistent with and corroborated appellant's confessions and Rios' testimony. Houston police officers testified that the blood spatters and stains found in appellant's room were consistent with appellant's version that the victim was stabbed while sitting on the floor next to his bed. The victim's body was found in a trash bag at the vacant lot where appellant stated he had taken it. The condition of the body and the way in which it was wrapped was consistent with appellant's descriptions. Appellant's brother testified that he had assisted appellant in replacing the carpet in appellant's room. He described the stains on the carpet and also described an unpleasant odor in appellant's room. Finally, the medical examiner testified that although the victim's body was in an advanced state of decomposition when found and was partially "skeletonized," he nonetheless concluded that stabbing to the neck was the cause of death based on hemorrhage in the neck area and cutting lesions to the bones in the neck.

We review the legal sufficiency of the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. [FN6] Viewing the evidence in a light most favorable to the verdict, the evidence shows that Martinez called the victim, a prostitute, and made arrangements for her to meet him at his house. Martinez told the victim on the phone that he would pay around $300.00 for her services, although he did not intend to pay her anything and had little or no money. Martinez put a knife in his pocket before the victim arrived. The victim began discussing payment immediately upon arrival. Martinez argued about the amount and whether or not he was going to pay. When it became clear that Martinez either had no money or was not going to pay her, the victim became angry, stated that she was going to leave, and began packing her things. Martinez stuck his knife against her neck and pushed her back. He began to attempt sex with her while holding the knife against her neck. The victim kicked Martinez away but he managed to grab her and prevent her from leaving. He then sliced her throat, causing her death. This evidence is legally sufficient to support a finding of murder committed in the course of aggravated sexual assault or attempted aggravated sexual assault beyond a reasonable doubt.

FN6. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

Martinez claims the evidence is factually insufficient to prove aggravated sexual assault for the same reasons he claims it is legally insufficient. Specifically, he argues that Rios' testimony is the only evidence of sexual assault and that Rios is not credible or worthy of belief. Martinez points to his confessions in which he stated that he killed the victim because of the way she was talking to him and being disrespectful. He argues that because the victim was a prostitute, the interaction between the victim and Martinez was consensual.

Evidence is factually insufficient if, viewing all of the evidence in a neutral light, "the proof of guilt is so obviously weak as to undermine confidence in the jury's determination, or the proof of guilt, although adequate if taken alone, is greatly outweighed by contrary proof." [FN7] Although a reviewing court is authorized to disagree with the jury's determination, due deference must be given to the fact finder's determinations concerning the weight and credibility of the evidence and reversal of the fact finder's determination is appropriate only to prevent the occurrence of a manifest injustice. [FN8]

FN7. Johnson v. State, 23 S.W.3d 1, 11 (Tex.Crim.App.2000)

FN8. Swearingen v. State, 101 S.W.3d 89, 97 (Tex.Crim.App.2003)

Deferring to the jury's assessment of weight and credibility, Rios' version is believable and is not inconsistent with Martinez's statements. Martinez said nothing about sexual contact in his first two statements. In his third statement, Martinez's comment that the victim "complied" with him could reasonably be interpreted as meaning that the victim did not struggle or fight him as he held her at knifepoint. Moreover, Martinez's theory that the victim had consensual sex with him and then brought up the issue of payment is less believable than Rios' version, considering that the victim had already discussed payment on the phone, was driving a long way across town to Martinez's house, and was conducting a business transaction. Given the discussion between appellant and the victim concerning payment, it would be reasonable to conclude that the victim would have acted in her best interest by obtaining the payment up front. In addition, the level of detail described by Rios and the consistency between Rios' testimony and certain facts described in Martinez's statements and the testimony of other witnesses, lend credibility to Rios' testimony. Considering these factors, the proof of aggravated sexual assault is not so obviously weak as to undermine confidence in the jury's determination, nor is the proof of an aggravated sexual assault greatly outweighed by contrary proof. Points of error four and five are overruled.

In his second and third points of error, Martinez claims the evidence is legally and factually insufficient to support his conviction for capital murder in that the State failed to prove robbery beyond a reasonable doubt. In a capital murder case, when the charge authorizes the jury to convict on more than one theory, a guilty verdict will be upheld if the evidence is sufficient on any one of the theories. The indictment alleged that Martinez committed murder in the course of committing or attempting to commit robbery and in the course of committing or attempting to commit aggravated sexual assault. The jury charge authorized conviction on either theory. Because the evidence is legally and factually sufficient on the theory of murder committed in the course of aggravated sexual assault, we will not address the alternatively charged theory of murder committed in the course of a robbery. Points of error two and three are overruled.

The judgment of the trial court is affirmed.

Ex parte Alexander Rey MARTINEZ, WR-61844-01 (Tex.Crim.App. April 13, 2005) (Waiver of Appeals)

Court of Criminal Appeals of Texas.
Habeas Corpus Application from Harris County.

ORDER

PER CURIAM.
This is an application for writ of habeas corpus filed pursuant to the provisions of the Texas Code of Criminal Procedure, Article 11.071.

On December 6, 2002, applicant was convicted of the offense of capital murder. Punishment was assessed at death. On March 3, 2004, this Court affirmed applicant's conviction on direct appeal. Martinez v. State, 129 S.W.2d 101 (Tex.Crim.App.2004). This application was timely filed on February 27, 2004.

On May 20, 2004, in response to letters applicant sent to the judge of the convicting court, a hearing was held in which applicant, in the presence of counsel, freely, knowingly, and voluntarily waived any further proceedings in his case. Applicant was examined by a psychiatrist and a psychologist and found competent to waive review of his conviction by way of this instant action.

The convicting court has entered findings of fact and conclusions of law and found applicant is competent to withdraw his habeas corpus application. We find the convicting court's findings and conclusions are supported by the record and accordingly dismiss the instant action.