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David Martinez is the next inmate scheduled for execution in Texas, on July 28th, 2005.

Martinez is being executed for the July 1997 murder of 24-year-old Kiersa Paul in Austin, TX. Paul’s body was found on a hike and bike trail in a park in Austin. She had been sexually assaulted, strangled, and her throat had been cut with a pocket knife.

Amnesty International is, of course, opposing the execution. And, as they usually do, they are acting as Chief-Apologist for Martinez’s murderous behavior.

On what grounds does Amnesty oppose the execution of Martinez? Well, because it’s not his fault. In Amnesty’s world, Martinez is the victim (of his upbringing):

According to his lawyers, David Martinez suffered abuse and neglect as a child: his parents divorced after his father announced that he was gay, and David went to live with his mother.

Oh, now I get it—because his parents were divorced and one of them was gay, he can’t possibly be held accountable for his actions.

All he really needs is a big hug and for Dr. Sean Maguire to tell him, “It’s not your fault”, and then send him on his way.

***
MORE:

  • The NCADP also thinks Martinez should be spared because he comes from a “troubled background”.
  • And the moonbats at Progressive Austin are planning a Protest at the Governor’s mansion on the night of the execution. What excuse for murder does Progressive Austin offer? Dire poverty and homelessness.

    Afterwards, the “progressives” will make a quarter-mile protest march to the Texas Chili Parlor for a large XX-Frito pie and some cold Shiner beer whilst they discuss the next “outrage” they can picket.

27 Responses to “Dead Man Walking: David Martinez”

I was David Martinez’s high school algebra teacher. He was a jovial, big-hearted teddy bear of a young man during the fall semester. He brought so much joy and humor to my class. He had lots of charisma. And then things changed: He showed signs of increasing fatigue and moodiness. His girlfriend broke up with him. I asked him what was wrong and he told me that his dad, Ray Martinez had become gay and taken a gay lover, Evan Muller. The two engaged more and more in an increasingly violent S&M lifestyle. David would say he lost sleep due to his two dads’ loud sex, their screaming from pain, and their violent and bloody fighting. Many were the nights that his dad Ray or the lover, Evan, would have to be taken to the E.R. because the injuries became too serious to be handled at home. The two lovers then opened a business in their home that made leather S&M clothing and torture items and wooden torture beds.
But an even bigger change came over David a few months into that trying time. He became angry, bitter, and rebelious. He shaved his head. He started going by the name “Wolf.” When I asked him what had happened, he told me the most horrific story. His father, Ray Martinez, and Ray’s lover, Evan Muller had savagedly raped him. David was 16 years old.

So what? He was abused horribly as a kid. That’s sad and tragic. It is not an excuse or a get out of jail free card to kill someone else. Life is not a trade-off where, if something evil happens to you, you get to inflict an equal or greater evil on someone else just to “even things out”.

I am sad for David that he had to endure those things. I truly am. I’m not sorry that he will be put to death tomorrow for killing 24-year-old Kiersa Paul.

David should have killed his father, not my friend…

Hey Robbie. In Texas, aren’t teachers required by law to report any evidence of child abuse to the police? Hell, even if I weren’t required to do so, I would do it immediately. Yet, this person who claims to be his teacher makes no mention about it at all. When are these anti death penalty people ever going to learn that lying does not help their cause?

I can’t begin to imagine what was going on in David’s head when he brutally killed Kiersa. It is beyond my comprehension because all I see when I think of David is his big bear hugs and smiles as we met in the halls of Johnston H.S. I think of the cruelty in his own family, a victim himself, how it must have felt to be hurt by those who said they loved him. Maybe he played out his own life story when he destroyed the life of another. Will we ever know?

I believe that in execution we are saying we have given up hope and that there is nothing else we can do for/with/to this individual except get them permanently out of our sight. Execution is the fast and easy way to end it all, hoping I guess, to also quickly and easily forget that he ever exsisted, that Kiersa’s life ended so tragically, and maybe to help us feel safe again. But none of that will happen.

Kiersa’s memory will never end that easily, nor the pain associated with her death. Neither will the memory of David and the pain associated with his life. Two people’s lives destroyed because we couldn’t think of anything else to do for/with/ or to David, except to kill him.

And we won’t feel safer! There will be another David and Kiersa tomorrow and tomorrow and tomorrow, because we can’t think of anything else to do for/with/or to him…except kill him.

In reaching out to David, perhaps both lives would have been spared.
We will never know. For most who read about the horrific event, they will probably say “good riddance to him” and/or “my prayers go out to Kiersa’s family and friends”, or both.

My parting response: I’m so sorry I couldn’t have reached David. I’m sorry for him, for Kiersa, and for myself. Everyone looses. No good memories here…well, except for the smiles and hugs from David, and the huge heart and radiating joy from Kiersa, and promises of what might have been if we could have found something to do for/with/to that troubled youth, besides waiting for him to kill someone else, and then we kill him.

Do you see a pattern? 1-4-David

I’ve been a proponent of the death penalty for years. I knew Kiersa in high school and didn’t know until now that she had been murdered.

I’m glad I was on the proper side of capital punishment from the get go.

The abuse charges were never substantiated. Except by our anonymous poster, who never reported them, and never testified at trial. How odd. So odd, I would dare say it is, cough, a lie.

And, Ms. Paul “reached out” to him, remember? And for her act of kindness she was raped, strangled, her throat cut 8 times, and an X carved in her chest. And knock off the “we” crap. It’s you, not we. The majority of people will feel no pain over the execution of Martinez.

Robbie,

I just ran across your site and wanted to congradulate you on your success with it- catchy layout, friendly to navigate - nice work.

Before continuing, I want to point out that I am not some liberal pacifist type…hell, I am not even non violent. I would like to think that if I had been there that night and had the oppurtunity, I personally would have killed David Martinez, IF it would have saved the life of Kiersa Paul. But that isnt the case. In fact, no one was there to save her.

And I would also like to point out, that no matter how screwed up of a childhood or how kind Mr. Martinez was in math class, he is a convicted rapist and a killer. And I think he no longer has a place in our non-incarcerated (I hesitate to use the word “free”) society.

Now having said this, I must also say that I can find no purpose in killing Martinez today. Why let him off that easy for one, but secondly, what is gained?

IF in 1997 they would have sentenced him to “from now on”- the family of Ms. Paul could have gained some sort of closure then, instead of having to wait 8 years for another chapter to play out.

ALSO I find it odd that so many people here are so PRO capital punishment in every instance. I mean do any of you ever see a case where you “woa…. this one looks a little seketchy in light of …..”?

And then, do you all just think Texans need to be killed at a wildly higher rate than other states? Or is it just a case of all those other states are not doing enough killing? Is it possible that our laws and practices here are a little out of step with, ….well the rest of the globe. Do any of you see this?

Have any of you ever witnessed a TDCJ execution?

Too bad Texas didnt invest all this time and energy into being number one in education. Oh well, at least we have the “Walls” Unit.

By all means , Sound Off!

Eric S. Thompson

Red…nice to hear from you, buddy! Long time no see or hear…

Thanks for your insights, too. I can appreciate what you’re saying and where you’re coming from.

You asked:

… is it just a case of all those other states are not doing enough killing? Is it possible that our laws and practices here are a little out of step with, ….well the rest of the globe. Do any of you see this?

Not only do I acknowledge that the rate and practice of executions in Texas is increasingly out-of-step with the common practices of the rest of the world—but I fully expect that Texas is not too far from abandoning the Death Penalty all together.

I support the harshest punishment legally allowable for all capital crimes. Currently, the harshest penalty allowed by our state is the death penalty, so I support it.

But I would also support even harsher penalties than a needle to the arm. If we were allowed to beat child rapers to death with a baseball bat…that’s what I would support.

When the death penalty is eventually abandoned, I’ll support whatever the ‘harshest’ penalty that is then allowed.

But I’ll continue to hope that these men—the truly evil amongst us—are living in hell while they are incarcerated, and that sooner — rather than later — they’ll be stabbed or beaten to death by another inmate.

. . . I want to point out that I am not some liberal pacifist type…

Okay.

, I must also say that I can find no purpose in killing Martinez today. Why let him off that easy for one, but secondly , What is gained?

First, if execution was “let[ting] him off easy” there wouldn’t be so much effort in fighting the death penalty. Second, what is gained is justice and the enforcement of our laws.

IF in 1997 they would have sentenced him to “from now on”- the family of Ms. Paul could have gained some sort of closure then, instead of having to wait 8 years for another chapter to play out.

If the system wasn’t abused by the anti-dp crowd, they wouldn’t have to have waited eight years. Furthermore, it’s a bit offensive for you to presume what the family of a victim will or will not feel.

ALSO I find it odd that so many people here are so PRO capital punishment in every instance. I mean do any of you ever see a case where you “woa…. this one looks a little sketchy in light of …..”?

There are a lot less people pro capital punishment in every instance here than there are people who are totally opposed to the death penalty under any circumstances. By the time execution is imminent there is nothing sketchy at all. It may appear that way to people who have done nothing but read some blurb off the internet by those who oppose to capital punishment. However, those who have taken the time to read and understand the opinions, the briefs, the writs, and Texas criminal procedure no it is not “sketchy” at all.

And then, do you all just think Texans need to be killed at a wildly higher rate than other states? or is it jsu t a case of all those other states are not doing enough killing? Is it possible that our laws and practices here are a little out of step with, ….well the rest of the globe.

It’s a combination of several factors. One, Texas is a large state, therefore, proportionally it should have more executions. Two, the other states are not carrying out their laws. If Texas is out of step with other states, it does not make Texas wrong. The fact that you write out of step with, ….well the rest of the globe belies your previous statement that you are not a liberal pacifist type.

Have any of you ever witnessed a TDCJ execution ?

Have you witnessed a brutal rape and murder?

Too bad Texas didnt invest all this time and energy into being number one in education.

Well every one has their way of bettering the world. Good luck with improving the education system. I salute you.

You say:
One, Texas is a large state, therefore, proportionally it should have more executions. Two, the other states are not carrying out their laws. If Texas is out of step with other states, it does not make Texas wrong.

First, there are other states with populations larger than Texas. Therefore proportionately Texas should not have more executions. Second, there are a lot of states which have abolished the death penalty - as have most democratic countries in the world. How can you claim that they “are not carrying out their laws” by refusing to kill offenders? Third, if Texas is out of step with other states, then either Texas is wrong or it is undemocratic.

Oh, brother. This is what I hate about these arguments, one side is either lying or ignorant (you) and the other side ends up doing all the work (me).

1. Go look up the census and get back to me.

2. Did I really have to distinguish for you the states that do have capital punishment are not enforcing their laws as opposed to the states that do not have capital punishment are not enforcing capital punishment?

3. Texas is not out of step with other states, other states are out of step with Texas. Nevertheless, I do believe the citizens of states have the right to pass their own laws. IOW, those states that have abolished capital punishment have the right to do so and Texas, who has not, also has the right to do so. That is democracy – not your lame comparison to other states and, gasp, other countries.

Thank you, 2. Well said, and on-point.

Thanks, JM. It’s over now.

I did not know Mr. Martinez, nor did I know Ms. Paul. I do have a dear friend that knew them both. I feel for her, as I feel for Mr. Martinez, Ms. Paul and their families. I feel for the people who believe in an eye for an eye, for a government that believes death is a viable punishment and for those that believe a life should never be the price paid.

I cannot sit here with any confidence and state that Mr. Martinez acted because of trauma experienced in his youth. However, obviously there are those that knew him and saw drastic changes occur as he grew to young adulthood. As a therapist, I can assure you those changes don’t happen without fuel. Statistics will show with certainty, an astounding number of cases in which children were physically, psychologically or emotionally abused and traumatized. Sadly, this still occurs on a daily basis across this nation. To some degree, their actions as adults have a direct correlation to what happened to them as children.

I see this all the time, and it never gets easier to work with these individuals whom have sustained such emotional and psychological abuse. The human psyche can only endur so much, before it breaks. I understand that Mr. Martinez must be held responsible for his actions, however I also believe that one cannot negate the possibility that he truly was a victim himself. This is not to excuse, but perhaps provide some explanation of how he got to the point of committing murder and rape.

Many children punish themselves. Many children commit suicide. Many children are pushed beyond the realm of sanity and for whatever reason punish others for their victimization. Is it right? Is it excusable? No. However neither is glorifying his death.

1-4-David - I understand your turmoil my friend, and I understand your sorrow.

Misch

1-4-David - I understand your turmoil my friend, and I understand your sorrow.

Misch

Allow me to play the teeniest weeniest violin for you both.

No a la pena de muerte. Es cosa de monstruos. Es otro asesinato.

No — la pena de muerte no es otro asesinato. La pena de muerte es justicia. Y la única cosa monsterous sobre la pena de muerte, es que quita a monstruo verdadero de sociedad.

En este caso, David Martinez.

[...] David Martinez was pronounced dead at 6:17 p.m. last night, eight minutes after the lethal drugs began flowing into his veins. [...]

I had a “horrific” childhood, too - including my mother’s suicide, getting tossed around the country, living in abject poverty, witnessing drug use and domestic violence. I was finally sent to live with an aunt and uncle who adopted me at the age of 11. Despite the Hollywood version of such a story, the reality wasn’t much better after my adoption. I was treated like dirt - nothing more than an indentured servant - because, you know, I “owed” them for rescuing me. There was some mild physical abuse; slapping, pushing, that sort of thing - mostly it was mental. Even after the adoption, I did 2 stints in foster care because they just “couldn’t handle me.”

Ironically, I wasn’t a “bad girl.” I made decent grades in school, didn’t do drugs, was never in trouble with the law. Hell, I didn’t even date. I simply wasn’t all that cooperative with their horrible treatment, that’s all. At 17, they sent me to an adolescent psychiatric lockdown facility - which, thank God, only lasted two weeks. Despite the fact that I was supposed to be a “long-term patient”, my uncle’s insurance refused to pay for more than two weeks stay, so I was sprung. I spent my senior year of high school in a foster home and a new school. My foster parents were fantastic (more like an older brother and sister, since they were only 10-12 years older than me), and I had ONE happy year while growing up.

I never spend another night under my aunt and uncle’s roof. I found out at the age of 26 from a relative that my aunt had claimed I pulled a knife on her and that’s why I was suddenly sent to the psychiatric facility. I never knew. I thought it was because I defended myself for the FIRST TIME during a fight and hit her back. That was the paramount no-no at their home. You got hit - you just stood there and took it.

I confronted my uncle and told him that I hadn’t pulled any knife on my aunt. For heaven’s sake, that final fight took place outside of a bathroom I had been cleaning! The worse that happened was that I threw a bottle of Soft Scrub at her. My uncle didn’t believe me, of course. I drove away and never looked back.

It’s been 15 years since that conversation with my uncle and I’ve never spoken another word to him or my aunt. They are dead to me.

Sorry for the long-winded story, but my point is that millions of people have endured a horrible childhood. An anomalous few go on to vent their murderous rage on innocent people. There can be NO excuse for what they do. The damage they cause is so hideous that they MUST pay the ultimate price. Frankly, I don’t particularly care if it’s the death penalty or life in prison w/o parole - but they can NEVER be free again. Society cannot be the testing ground for these people - or, I should say, monsters.

Instead of studying murderers like Martinez, how about studying those who had equally abusive childhoods and DON’T become deviants? Why don’t they go on to rape and kill? Maybe we’d be better off identifying the characteristics of THOSE people instead.

I also advocate re-establishing a government-sponsored Boys & Girls Town-like system for children/adolescents of homes such as Martinez’s. It would be a system where the emphasis is on calm and order, establishing coping- and life skills, and completing one’s education. After-care would have to be a massive part of such a system. (For those of you concerned about the cost - I believe it would PALE in comparison to what we spend now in foster care, social services, and subsequent societal damage.)

As for David Martinez? I shed no tears on his behalf. He took an innocent’s life and he paid with his own. C’est la vie. My heart breaks for the family/friends of his victim, however.

I would love, though, to have a word with BOTH of Martinez’s parents - and I don’t think they would like what I’d have to say.

I knew David from working at Johnston Hight School> I will always remember as what the others have described him as…a big teddy bear always ready with a smile and hug. I will miss him and am so sorry that we lost two young people in 1997. My heart and prayers to both families.

Why don’t you remember him the way Kiersa Paul will remember him through out eternity? You know, knocking her down, dragging her into the bushes, and punching her repeatedly in the head, face, breasts and stomach.

Maybe, while he was brutally raping and sodomizing her, he gave her one of those famous smiles you people like to talk about. I know he gave her one of those great big teddy bear hugs, you people remember so fondly, around her neck. But, not so much as to actually kill her. Oh, no, he wanted her alive so he could both prolong her suffering and to experience how it felt when he slit her throat. Afterwards, he carved an X in her chest and then rode home on her bike.

He didn’t even have the decency to apologize for murdering Kiersa Paul and to her family for causing their endless suffering before he died.

So, please, don’t tell me about your sorrow for his lost. His execution only prevented other women from being tortured, raped and murdered.

I went to Johnston High School with David (Dallas we all called him), and knew him. He used to share music with me and we acted together in theater class. I did not know Kiersa. Dallas was an incredibly troubled kid, I remember, but no degree of abuse can excuse or explain murder.

Yet, for forgiveness to have meaning, I think we have to extend it to the unforgivable. Dallas could have been incarcerated without parole for the rest of his life; as a matter of policy, that would have protected women just as well as his death. To be a compassionate society, we have to hold ourselves to a higher standard, and extend compassion to all, even those who violate everything we hold dear.

Uh, who was talking about forgiving Martinez? Not, I. If he wants forgiveness, he can ask Kiersa Paul. And no, we do not have to extend compassion to those who do not deserve it. And what I hold dear is the life of Kiersa Paul and other victims who did not deserve to die in such a horrible horrible manner. Any time you and others get teary eyed over Martinez, think about the last 30 minutes of Kiersa Paul’s life and what was going through her mind. Put yourself or your love ones in her place. Feel her pain, feel her fear. Unlike Martinez, she was not given a sedative and general anesthesia. And, if you are suggesting that his sentence be reduced to lwop, as a matter of law that could not happen.

One more thing, enough of this we business. We shd have done this, we shd of done that, we as a society, blah blah blah. The only “we” are people who claim to have known him, claim to have seen signs of trouble, and did nothing. It was YOU, not we, who did nothing. You want to blame somebody, look right in the mirror.

Well said 2. Its so easy for people to say oh you should let him go, he doesn’t deserve the death penalty, etc, when it doesn’t happen to a loved one. The people who think he is a “teddy bear” and shouldn’t have been executed should think about how they would feel had he done that to their mother, wife, sister, etc.
I think we as a society are already being very kind by using lethal injection (and prior sedation) as punishment. If it were truly an eye for an eye, he would’ve been raped and sodomized with a stick and then had his throat slit as well. So it is already a lesser punishment than what they deserve.
Good riddance.

To those who wanted to reach out to David…

I was in the same cell block with him in 1997-1998, in Travis County.

We talked at length. And rest assured, he was incorrigible.

He expressed no remorse for his crime, and really couldn’t wait to get back out into society.

He had supposedly worked out a deal with Satan and was not worried about execution.

So…no need to feel sorry for him!

That said, maybe we can all think about the poor girl he raped, tortured, and killed, and her family, and reach out to THEM.

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