Ahead of Ottawa home invasion trial, prosecutors get the OK to admit statements against Martinez

While investigating a home invasion, Ottawa police found Fernando J. Martinez being treated for a gunshot wound. Martinez wouldn’t talk. Nevertheless, a jury will hear what he allegedly told other players in the break-in.

Martinez, 21, of Ottawa, appeared Friday in La Salle County Circuit Court for a hearing on the admissibility of statements that he allegedly made after the Nov. 2 home invasion at a residence in the 1100 block of Pine Street. There, masked men entered the home, held a woman at gunpoint and exchanged fire with a man who arrived to help her, police said.

Martinez faces up to 50 years if convicted of home invasion, a Class X felony carrying six to 30 years in prison, coupled with a firearm enhancement. Jury selection begins Monday.

Ordinarily, anything said outside a police interview could be hearsay and not admitted at trial. But there are exceptions to that rule, and La Salle County prosecutors seized upon one such exemption: When co-conspirators agree to lie to authorities, any statements made among them can be admitted into a court of law.

“There are four distinct sets of conversations that we think are admissible as co-conspirator statements,” said Jeremiah Adams, assistant La Salle County state’s attorney.

One such statement could be especially problematic for Martinez. According to open-court statements Friday, Martinez told one witness that he tried to fire a gun during the home invasion, but the gun jammed.

Prosecutors got their wish. Over the objections of Martinez and his lawyer, Chief Judge H. Chris Ryan Jr. agreed that Martinez’s statements are exempt from the hearsay rule.

In this case, prosecutors obtained evidence that co-defendant Michael Boaz, who stands trial later this month, allegedly faked an alibi. Kaylee Neitzel, who’s charged as an accessory, allegedly lied to police about where the gunshot took place. Collectively, the judge ruled, these show proof of a conspiracy to thwart the investigation.

Ryan acknowledged that the conspiracy exemption requires prosecutors to show an intent and agreement to lie. Nevertheless, it need not be a formal agreement nor something that was agreed to in advance.

“Intent can be in a split second,” the judge said.

Martinez has now lost two pretrial battles. Earlier this year, Martinez argued against the admission of surveillance footage in which he and Boaz are reportedly heard discussing a break-in that mirrored the home invasion. The judge ruled that the jury will see and hear the surveillance footage as well.