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Judge recommends vacating conviction for Midland man serving life in prison

In 1999, Garland "Butch" Martin was sentenced to life in prison after being convicted on three capital murder charges.

MIDLAND, Texas — A Midland Judge has officially recommended to the Texas Court of Criminal Appeals that Garland "Butch" Martin should be exonerated. 

This recommendation comes after a hearing back in May 2022 where evidence was presented to Judge David G. Rogers by Martin's legal team showing major issues with the medical and forensic testimony from the original trial. 

Back in February 1998, Martin's wife, Marcia Pool and his children, Brady and Kristen, were killed in a house fire. Martin was arrested after returning back from a job at the time of the fire. He would later go to trial in 1999 and be convicted of three capital murder charges, sending him to life in prison. 

Court documents show that Martin filed a writ of habeas corpus in 2002, and after moving through the system for 20 years, it brought his case to the 142nd District Court and Judge David G. Rogers.

During the May hearing, Judge Rogers heard from multiple experts about the testimony and claims from the previous trial and why the techniques used then have now been disproven. The Innocence Project of Texas also showed that multiple forensic pathologists during the trial used evidence that is inaccurate. 

For a full recap about the hearing in May, people can click here. 

The 142nd trial court in Midland submitted a findings of facts and conclusions of law to the Texas Court of Criminal Appeals in Austin. The proposal states that the judge believes the sentencing should be vacated and that Martin should receive a new trial. 

There is no timetable for when this decision will come through. 

We will continue to update this story as we receive more information. 

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