David Martinez Day 996

July 19, 2017

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David Martinez Day 996

David Martinez, a Mongol, was arrested after a middle of the night Swat raid on his home on October 28, 2014. The next day he was charged with shooting a Swat officer named Shaun Diamond in the back of the head. It was a very widely publicized incident. The aftermath has been mostly ignored.

Martinez was in his living room, standing behind his father, when Diamond was shot. Diamond had just battered the home’s front door in and was standing on the front porch. The raid on the Martinez home was one of seven simultaneous search warrant services. The warrants were served by Swat, presumably, because breaking into the home of a Mongol at four in the morning was considered more dangerous than having a couple of detective’s knock on a front door at breakfast time.

The raid epitomized the nutty, “guerilla street theater” nature of the continuing war on outlaw motorcycle clubs and their members. The raid was unnecessarily dramatic.

Sorry

Diamond was wearing military style armor, including a military helmet and he was fatally wounded by a shot from behind and below him. According to sources The Aging Rebel considers reliable, another Swat officer exclaimed, “I’m so sorry man! I’m so sorry man! I’m so sorry man,” immediately after Diamond was shot.

A year later, another Swat officer named Richard Aguiar testified that after Diamond was shot, Martinez exclaimed, “I’m sorry! I’m sorry! I thought you were the Mongols.”

Diamnond died the day after he was shot and Martinez was charged with first degree murder. Most media outlets in Southern California proclaimed the area to be shocked and grief stricken. Diamond’s career was widely celebrated and Martinez was just as widely vilified as a gangster and a cop killer.

Lawyers

Martinez has been represented by a small handful of private and public attorneys since his arrest. After his arrest, he was represented by a private attorney named Tom Medrano. He was represented during one hearing by public defender Mearl Lottman and he was then represented by Brady Sullivan who is widely regarded to be the best public defender in Los Angeles. Sullivan’s budget allows him access to numerous resources most private attorneys cannot afford.

Martinez’ current lawyer appears to be Edward Anthony Esqueda. According to the California Bar Association, Esqueda has been disciplined three times. According to those records Esqueda was “privately reproved in 2001;” he “was suspended for three years, stayed, (and) placed on three years of probation with a 90-day actual suspension” on September 24, 2011; and “suspended for one year, stayed, (and) placed on one year of probation” on August 15, 2012.

For more than two years, Esqueda has declined to reply to numerous telephone calls and written inquiries made by this page about Martinez’ case.

What’s Going On

The former British Prime Minister William Gladstone is generally credited as the author of the legal maxim, “Justice denied is justice denied.” Gladstone would have found the pace of Martinez’ case to be incomprehensible. Idealists who are considering attending law school should probably study the following chronology

Martinez had three plea and arraignment hearings in 2014: On October 30, November 13 and December 3.

He had 18 preliminary hearings and pretrial conferences in 2015: On January 7; February 11; March 19; April 13, 20 and 29; on June 3; on July 15, two on July 28 and July 29; two on August 11 and two more on August 13; on September 21; October 22; and December 3.

He had 13 pretrial hearings last year: On January 21 and 28; March 11 and 15; April 19; May 26; June 13; July 7; August 4; September 6; October 4; November 9 and November 30.

So far this year he has had five pretrial conferences: On January 17; February 28; April 25; June 1; and a week ago on July 12.

His 40th preliminary hearing is scheduled for August 1 at 8:30 a.m. in the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles.

His trial is scheduled to begin October 3.

 

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23 Responses to “David Martinez Day 996”

  1. FF Says:

    Rebel, any updates? Thank you.

  2. Wretched Man Says:

    @ The Aging Rebel

    I know the corruption in Waco has really kept you busy of late, is there any news on Mr Martinez?

    Much respect
    Wretched

  3. Jim W Says:

    Inst the saying Justice Delayed is Justice Denied?

  4. Martinez Says:

    https://funds.gofundme.com/mobile/dashboard?url=david-martinez-innocence-project

    GoFundMe set up by Martinez Family..

    All Support is Greatly Appreciated

  5. IcemanB&W Says:

    This whole Martinez case has smelled like B.S from the beginning. I feel like the time this is taking is from men in suits and uniforms, behind closed doors, whispering into each others ears about how to bury the truth to get a conviction.

    Justice for Martinez

    SYLM

  6. Sister Says:

    Its no wonder David commented I thought it was the Mongols these ATF agents play the part like their brother’s in reality they are the criminals in all this. They are the ones who have all the shisty deals going on here and ythere trapping these brothers into a ring of crime! He wasn’t tripping or going crazy when he thought people were trying to sabotage him it was ATF fucking with him while posing to be a brother. How sad is this! The sad thing is going to court every month and seeing that all David has now is his family and his dignity! No one else will ever know the true devestation this has caused for David and his entire family as well as officer Diamonds family. I can only imagine how they must feel knowing that their father was killed by one of his own and the coward can’t step up and speak the truth. In sure it was and accident why can’t they step up to it and face it like a man. I’m sure they will not have to go through anything close to what David has already went through these past 2+ years! I think that officer Diamond deserves to truth so that his death can be properly mourned. This fake story of how he died is so disturbing I don’t understand how his family is ok with it. If it were my father I would want justice to be served to the RIGHT person responsible!!!
    Love you David!

  7. BMW Says:

    So, without a conviction, the local LEO admit holding a man for almost three years, without even a trial? And Americans now accept this as normal? Numerous pre-trial hearings do not, under any circumstances, create a presumption of guilt against the accused…or meet the requirement for a just and speedy trial.

    The most likely questions in this abomination of a case are, “Who are the real LEO criminals trying to protect?” and, “Why are they trying to protect the real murderer in this case?”

    It has been obvious from the start that, as the Aging Rebel continues to point out, the purpose of the raid was extrajudicial imposition of punishment without a trial, and now, with improsonment without a speedy trial, there is even more extrajudicial punishment being imposed upon an innocent man.

    What is the difference between police arbitrarily “imposing a fine” and denying a man a chance to earn a living (for years) by imprisonment? In practical term, there is no difference. What about the stress and strain arbitrarily imposed on his family, against whom the only possible charge might be that they are “attainted” by their relationship with the accused? (Of note, probably only to old-fashioned historians, the “bill of attainder” has been forbidden under U.S. law for almost two hundred and fifty years.)

    A huge question here. “Where is the California and National ‘Americans for Civil Liberties Union’ in all this?” Bikers everywhere need to be raising THAT question in every online post and text message. If a number of people ask “where is the ACLU?” In their online posts and text messages, Internet search engines will start pulling it up for others. Maybe we can get the ACLU staff (most are actually volunteers), or “Innocence Project” students off their duffs and start trying to preserve the American Civil Rights being trampled daily in persecution of bikers. This costs nothing!

    Following my own advice:

    WHERE IS THE ACLU IN THE DAVID MARTINEZ CASE??

    WHY IS THE ACLU SILENT IN THE DAVID MARTINEZ CASE??

    WHY IS THE ACLU SILENT IN THE CASE OF THE INNOCENT HOSTAGES OF THE CORRUPT WHACKO INJUSTICE INDUSTRY???

    BMW

  8. Mark Says:

    There are two ‘gangs” in this matter. The most dangerous gang is the Lawyer Gang who do not deal in justice and more often than not, do not work for the freedom of a client but they work for the, appeal of the case. Never lose sight of the fact when a person walkes into a courtroom they are walking into a, closed union shop. All run by BAR lawyers.
    There was a recent story in the Wall Street Journal, that was pointing out how lawyers that wear black robes, called judges. Have sold out to corporations that are in civil court suits to to get easy money working for these corporations after they retire as judges. A recent stroy on Family Courts was very recently posted up at Lew Rockwell on how the lawyers are criminally out of control and really sticking it to men. Fact, 27 men every day in America kill themselves because of how they have been criminally enslaved in family courts. But hey! The lawyers are making money so nothing will be done about it. It’s the worst of the worst kind of situation to be caught up in, because justice is completely missing most all of the time in, closed union shops.

  9. Davr Says:

    This shit happened in Tacoma a while back. Man was hold up in his house, shooting at LEO with an AK47. SWAT stormed the house and one cop was shot in the back with a 9MM. They tried and tried to blame the guy with the Ak, but lo and behold, it was a cop with an MP5 that did it. No charges, no retractions, nothing. Screw the police.

  10. Phuquehed Says:

    Huh, funny how LAPD SWAT rhymes with Gestapo.

  11. david Says:

    Considering the fact the tyrant gang of lawless “judges” are on the bench hearing the bull-shit case, it may really not matter who,the defense attorney is.

  12. fallendesperdo Says:

    A bit of a reality dose….if Martinez truly shot the cop how is he still alive or at minimum NOT severely injured by the cops firing back at him?…..this whole thing is soooooo freaking fishy and sounds like a total cover up

  13. Anonymous Says:

    Reminds me of this video, warning it’s graphic, LAPD sheriff’s dept. at their finest.

    https://youtu.be/TjLkZpot_JA

    Cop shoots his partner in the stomach, partner gets mad and pumps 3 rounds into the back of a suspect that’s handcuffed and pinned to the ground.

  14. kenny Says:

    I can tell u first hand. I hear a pop..that was the shredder shell they used to get a lock off. Then before that noise is gone the front door blows off and into the room. U c what looks like a advanced seal team come thru. At this moment u know if u move u gonna die. U think u are being attacked by a force of military. No shouting police freeze nothing but grabed slammed and zip tied. Now at that point i knew it wasent the A team and it was cops i say wheres the fucking warrart?Who the fuck are u and what right do u have dragging me like a dog outside…u count 15 guys with 2 medics… Im like what the fuck u dudes think your in nam. Later i was released but im telling every one of u. When these guys come they come to kill. This time they fucked up. Now ya got a man been denied any rights what so ever. Because he dare be a member of a club. Why cannot we all open are eyes and set aside our problems. Take a Team of Lawyers and go after this and Waco and every other case of our rights being trampled on… U need to set up a non profit get some legit legal and acounting people to guide us. Take the court battles to them. Letting the public know the costs of the war on its own people… most are vets with medals… But putting them on front street. It benafits us all.

  15. Paladin Says:

    Let’s review:

    David Martinez has gone from attorney Brady Sullivan, who is widely regarded as the best P.D.s in Los Angeles to attorney Edward Anthony Esqueda, who can’t keep his shit straight, resides at the bottom of the barrel, and is without question a total hack.

    By allowing his mother and the rest of his family to meddle in his legal affairs, David Martinez is helping the prosecution secure a conviction against him. It’s gotta be hard to be this stupid.

    Paladin

  16. fozz Says:

    sounds like the quote in this case should read ( justic dened is justice served) leastways in america

  17. Filburt Says:

    Seems to me that cops are their own worst enemy!

  18. David Torres Says:

    Reminds me of that clumsy trigger happy cop in New Mexico who shot a fellow officer during an undercover drug buy.
    “I thought you were a bad guy.”

    Poor Officer Goober

  19. Psycho Says:

    Rebel, great article as always. I must point out your quote that “justice denied is justice denied.” When earning my pre-law degree, I remember the phrase being “justice delayed is justice denied.” Thanks for the great reporting, and keeping up with the stories many others let fall to the wayside. Obviously the laws of physics are mere suggestions in the minds of law enforcement, and the rest of the government pirates.

  20. Dasein Says:

    “Gitmo” is an actual place, where as I understand it, certain individuals are held indefinitely without trial, or other legal amenities. For the record, I have no problem with turning that place into a hog fattening feed lot. On the other hand, what we’re seeing here, in Martinez’s case, and with the Waco unfortunates, and no doubt countless other lesser and unknown episodes currently playing out in what I think was once America, is a sort of Virtual Gitmo, where the same indefinite incarceration can take place anywhere, as long as the prevailing political and “legal” winds allow it. It it worked “there,” it can work “here,” and the longer it keeps working, the easier it gets. It’s linguistic and logical contortion to have something called “the 40th preliminary hearing,” but apparently, and increasingly, it makes perfect legal sense. The cops blew it, someone died, and the only daylight for them is just to keep kicking it down the road, same as Waco, and OT a bit, same as the recent shooting in Minneapolis, which since there is nobody else to blame, the guilt will probably be assigned to the Australian woman victim, and the Somali cop will get a hug from the mayor. In other words, the “Law”, including questions of “facts”, is what the political powers say it is.

  21. Mickey Says:

    Rebel, thank you for the update, I was just wondering the other day how this case was progressing. How about Burgess, any word?

  22. TX_Biker Says:

    How do you shoot someone in the back of the head when they are facing you and you are behind someone else? Oh yeah I forgot as Bikers we are guilty until proven innocent….

  23. Aanon Says:

    Thank you rebel. To you or anyone else in the know down in that region, is there a go fund me or anything of the sort for this guy? To the clown who fucked off during the firearms safety course, my only question would be how does it feel to kill a man and try to kill another behind escaping your own actions? You signed up to do the right thing, maybe it’s time for some follow through.

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