GALLIPOLIS — Gallia County Common Pleas Court Judge D. Dean Evans has set a hearing for Sept. 4 on pending motions in the case of Brynn K. Martin, including a motion for a new trial.
Martin, 29, 122 Van Zant Road, Bidwell, was charged with aggravated murder, murder, aggravated robbery, and robbery in connection with the 2006 slaying of Vinton area resident William “Wild Bill” Sowers.
Following a three-day jury trial in June, Martin was acquitted of all charges except robbery.
Prior to his sentencing, Martin’s attorney, Charles H. Knight of Pomeroy, filed two motions, one for a new trial and one for a judgment of acquittal on the robbery charge. Only one of the two motions can be granted, if either.
Knight has since withdrawn from the Gallia County Public Defenders operations, however, he said he will continue to represent Martin throughout the remainder of these proceedings and will continue to defend on individual cases in Gallia as a private attorney.
Evans has given the Gallia County Prosecutor’s Office until Aug. 10 to file a written response to Knight’s motions.
Knight is calling for an acquittal on the robbery charge based on lack of evidence. In addition, he cited a number of factors in his motion for a new trial, the most compelling argument alleging misconduct of the prosecuting attorney and a key witness for the state, Rhonda Oiler.
According to the motion, on the day Oiler testified against Martin, she allegedly conveyed or attempted to convey controlled substances into the Gallia County Jail to her sister, Odessa L. Martin, who is married to Brynn Martin. Knight said that at no time was this information relayed to the defense, which he determined to be misconduct.
Odessa Martin was housed in the jail after having been found guilty of tampering with evidence in connection with Sowers’ murder prior to her husband’s trial. She was convicted of burning blood-stained clothing purported to belong to Brynn Martin and sentenced to four years in prison, which she is currently serving although her husband has since been acquitted of the slaying.
A hearing upon pending motions is set for Sept. 4 at 10 a.m. Martin is to be transported from the Southeastern Correctional Institution, where he is currently serving time on a Meigs County charge, to the Gallia County Jail before Aug. 31 so that he may consult with his counsel.
At this time, no charges related to conveyance have been brought against either Oiler or Odessa Martin, though the Gallia County grand jury is scheduled to convene this Thursday for the first time since mid-June.