Offense alleged: Murder (Drive-by shooting)
Offense convicted of: Manslaughter (a lessor offense)
Prosecutors failed to conduct proper voir dire examination of the jury panel
The Herald-Coaster newspaper commented on the D.A.'s failures in this case:
"D.A.'s Courtroom Oversight Adds Insult to Injury"
"Prosecutors were not prepared to try this case and should not need lessons in how to pick a jury by the time they reach the felony level…Healey deserves to have his feet held in the fire for this fiasco." (11/8/98)
"Lesser Charge Than Murder a Stunning Defeat for Prosecutors"
"…It looks like prosecutors were out-lawyered by defense attorney… The verdict may not mean that Martinez got away with a crime, but he did get away with murder." (10/30/98)
"I'm tired of seeing bad guys get away with murder because of mistakes made by our D.A.'s office. As your District Attorney, I will see that justice is done and make certain criminals get the punishment they deserve."
- Clifford J. Vacek