Defense´s new strategy may weaken Martin case
Changes in the defense´s strategy in the murder of Kansas University student Shannon Martin could weaken the arguments against two suspects in the case.

Altering testimony from the primary suspect, Kattia Cruz, might affect the prosecution´s case against Rafael Zumbado and Luis Alberto Castro, the two other suspects.

Defense attorney Luis Venegas admitted to “inconsistencies” in the testimony of his client, Cruz, in an article in the Tico Times. The Tico Times, reported Venegas met with Cruz last week to revise their strategy before a preliminary hearing. Venegas did not say how his client´s testimony would change.

The hearing for the case of Martin´s stabbing death in May 2001 in Golfito, Costa Rica, will be held tomorrow in Golfito.

Pedro Irigonegaray, a Topeka attorney representing Martin´s mother, Jeanette Stauffer, has worked with Costa Rican prosecutor Erik Martinez to analyze evidence for the case.

He said the arguments of the defense would not affect the strategy of the prosecution.

“The good prosecutor doesn´t really care what the defense strategy is,” he said. “The role of the prosecutor is not to win; the role of the prosecutor is to seek justice.”

Cruz identified suspects Zumbado and Castro as perpetrators of the crime when she was taken to jail in July 2001, one month after Martin´s murder. Cruz is one of only two sources Costa Rican police have found who link Zumbado and Castro to the murder.

Police also have testimony from a taxi washer who claimed he saw the three suspects together shortly after Martin was killed.

Lab tests performed on hair samples found in Martin´s hand did not match any of the three suspects.

The primary material evidence in the case is the remains of a black sweatshirt found at the scene of the crime, which police traced to Cruz.

Stauffer could not be reached for comment.

The Golfito judge presiding over tomorrow´s hearing will have 48 hours to dismiss the case for lack of evidence or send it to a three-judge tribunal for a murder hearing. The judge could decide to send certain suspects to trial and free others.