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Curtis Martin of Oakland Faces Double-Homicide Charges

Curtis Martin, 38.

Curtis Martin is facing charges to killing a 17-month-old baby and the baby’s mother to try and cover up the original crime.

Alameda County Superior Court Judge Joan Cartwright ruled in favor of the prosecutor, who had presented enough evidence to charge Martin with the two murders. The mother, Zoelina Toney and the baby, Jashon, were from Oakland.

“It appears to this court that this defendant committed the murder of Jashon,” said Cartwright.

Martin turned toward the Toney family and cursed at them in reaction to the ruling.

On Nov. 16, 2009, Martin was arrested after the Berkeley police found the dead body of Toney at the Aquatic Park.

It was proven by the Alameda County Coroner’s Office that Jashon’s body was badly decomposed and had been in the water for about two weeks. The cause of death could not be determined.

Evidence showed that Martin had custody of Jashon at the time of the killing. Evidence included numerous air fresheners and a smell of a decomposed body in his car.

“This boy did not walk to the marina on its own. This baby did not commit suicide. This baby did not decide to go swimming in the Bay,” said Cartwright.

District attorney Casey Bates argued in court that the evidence gathered proves that Martin killed Toney. Evidence included DNA that connects Martin to the crime.

Martin’s defense attorneys, Fred Baker and Richard Humphrey, argued to the court that Martin could not be held responsible for the baby’s death due to the lack of evidence linking to their client.

Nevertheless, Martin will face both murder charges. The Alameda County District Attorney’s Office must now decide if it will seek the death penalty or if Martin will face life in prison without the possibility of parole if convicted by a jury.

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Curtis Martin of Oakland Faces Double-Homicide Charges