San Diego Criminal Attorneys Blog

Murder conviction without a body? Yes! Joaquin Murrieta Martinez,age 32, was found guilty in the murder and dismemberment of Janina Hardoy, age 24, in her Oceanside home. Mr. Martinez a known gang member testified that he did not kill Ms.Hardoy but he did contribute to the dismemberment of her hands and feet, after she was dead.

Janina Hardoy moved to Oceanside in late 2004 after living in Northern California. A few months later in early February 2005 she was murdered. Only her dismembered hands and feet were found. The location of her body is still unknown even after a four day search. Law enforcement has speculated that the body is somewhere in the Santee Landfill. Police investigators are still unsure about the cause of death as they have been unable to examine the body.

Deputy District Attorney Geoff Allard told the jury that Martinez had killed Janina Hardoy during February 2005 because she had threatened to tell the police that Mr. Martinez and fellow gang members had robbed a series of banks from Bonsall, San Marcos, Carlsbad and Encinitas. Martinez and others were arrested and sentenced to prison for these robberies. Mr. Allard also stated that her body was most likely dumped in a garbage bin behind an Escondido doughnut shop, and then later picked up by trash truck and dumped into the landfill.

A witness testified that Ms. Hardoy and Mr. Martinez had a 'stormy' romantic relationship, and that because of this her house which she used to house drifters and homeless persons began to be filled with drug users and ex-cons. The witnessed also stated that once Crystal Meth was introduced the home went from a positive vibe to a very chaotic.

Ms. Hardoy's father and stepmother were sickened with the murder of their daughter and the way Mr. Martinez was able to speak about it so calmly. Katy Hardoy, Janina Hardoy's stepmother, stated "the callousness in the way he spoke about the act, it showed he had no soul". Obviously, the jury did not believe Mr. Martinexz's account of the events as they found him guilty of murder. This case will be appealed and the appellate courts will have to decide whether the murder conviction can stand!

You can find the whole story here:
OCEANSIDE: Man guilty of murdering woman he later dismembered, North County Times May 11, 2010

On Thursday, April 15th, a 49 year old boxing trainer was charged with the murder of a fellow coach, and attempted murder of a young boxer as well as injuring another. The defendant, Mark Anthony Diaz, plead not guilty to all the chargers including the killing of 52 year old Hector Gil, another coach at the boxing facility. Mr. Diaz faces 84 years to life in prison and his bail was set at TEN million dollars. The reasoning behind the high bail was due to evidence presented to Judge Hocket at the Vista Superior Court which included a death threat message from Mr. Diaz to Hector.

Evidence in the case suggest that Diaz was jealous and envious that Hector was taking his clients, especially those with potential, like Ricky Gutierrez a 21 year old boxer who fought his first professional match this year. This along with many other events present a strong case against Mark Diaz and his short temperament. One thing we have to look at before we make judgments is the evidence and its validity, did Mark Diaz really murder Hector Gil, and for what reasons.

You can read more about this article here:
VISTA: Gym shooting suspect charged with murder, North County Times April 15th 2010

Insane?! Carlsbad Murder suspect, Dennis Gluck, is headed to Patton State Hospital for up to three years or until he regains his mental competency. Mr. Gluck is accused of hacking his parents, Harry and Jean Gluck, to death in their bedroom on January 18th with a bladed instrument.

San Diego Superior Court judge Maguire, suspended the criminal proceedings including the two murder charges after reviewing a psychological doctor's report. Technically, Mr. Gluck could face the death penalty if his competency is restored due to the special multiple murder allegation.

Mr. Gluck fled to Mexico after the murders and was later captured about six weeks later. Although, he had previous threats and aggressive behavior towards his parents, he had none recently while living with them. A layperson may question, if he was smart enough or of sound mind enough to flee to Mexico after the killings, how could he be insane for court?

Mental competency is a complicated area in the criminal defense process which is often simplified and incorrectly portrayed in the movies. In California, under Penal Code sections 1367 & 1368, a person is mentally incompetent if as a result of mental disorder or developmental disability, he or she is unable to understand the nature of the criminal proceedings or to assist their criminal defense lawyer in the conduct of a defense in a rational manner. Legally, the term insane is not used! A competent criminal defense attorney can assist those defendants that may have competency issues.