Brenda Martin - Trial and Conviction

Trial and Conviction

Trials in Mexico are conducted in a written rather than oral format, which can make them proceed slower than trials in Martin's native Canada. In addition, all the paperwork had to be translated by a certified translator for Brenda to be conscious of her process. Largely because of her long wait in prison, Martin experienced emotional stress and was the focus of a great deal of media attention in Canada.

Martin's lawyer, Mr. Guillermo Cruz Rico, attempted a constitutional challenge against the prosecution, claiming lack of assistance by an official interpreter when Brenda Martin was charged and deficiency in the evidence against her. According to Mexican officials, this had the effect of delaying a verdict; but this allegation did not have basis either in the Amparo Law or the jurisprudence produced by the Supreme Court of Mexico.

On April 14, 2008 Martin faced her final hearing before Judge Nuñez from the 7th federal district in the Puente Grande prison complex and court house. It was a summary hearing in which more than 26,000-page Waage file was presented. Mexican law states that a judge must deliver a sentence within 10 working days of the last hearing if the file is 500 pages or less. For files 501 pages or more, each 100 pages adds one working day up to a total of 30 days. Brenda Martin asked the judge to deliver her sentence in four days (by April 18). Judge Nuñez answered that he was not obligated by law to meet her demands, but would do his best to deliver his verdict as soon as possible.

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