Defense seeks 'blended' term in battery case

SANDPOINT — A Denver teen who pleaded guilty to a vicious attack on a Bonner County woman could learn his fate today.

Joseph John Martin’s sentencing hearing in 1st District Court began on Thursday with remarks from the victim in the case. It also featured extensive testimony from expert and lay defense witnesses who urged Judge Steve Verby not to incarcerate the troubled 17-year-old in an adult state prison.

Martin’s sentencing hearing resumes today with recommendations from Bonner County Prosecutor Louis Marshall and Martin’s remarks to the court.

Martin is charged with battery with intent to commit robbery, a crime punishable by up to 20 years in prison. An alleged accomplice, Marshall Owens Dittrich, is likewise charged but is awaiting trial.

The two teens are accused of attacking Vera Gadman after she offered to give them a lift to a campsite in Hope. Gadman encountered the duo hitchhiking near Clark Fork in July of last year, after they absconded from a therapeutic boarding school in Trout Creek, Mont.

Martin allegedly choked Gadman with an arm bar and then a length of rope. She also had a glass bottle smashed over her head and was hit with rocks as she crawled away from her assailants.

Despite the ferocity of the attack, Gadman was able to escape and the two teens were caught following an intense manhunt.

But the ordeal continues to haunt Gadman, 66.

Gadman told the court she believed the teens were bent on killing her and the attack had irrevocably changed her life. Gadman said she has been unable to return to her home or work, and has developed post-traumatic stress disorder.

“This was and is a horrible personal and community experience that forced me to view the world in a different way,” said Gadman.

Gadman told the court that she is not seeking vengeance and hopes Martin can get the help he needs, but added that he should receive the maximum punishment.

Members of Martin’s family testified that they were stunned by the accusations because they know him as a non-violent, caring person. Some said they were aware of Martin’s drug abuse, but not his dreadful slide into heroin addiction and prostitution.

Martin Roesch, a psychology professor at western Canada’s Simon Fraser University and clinical psychologist, cited studies and case law showing that teens’ prefrontal cortexes are not fully formed, leaving them prone to impulsive behavior with little regard to long-term consequences or empathy for others.

In Roesch’s expert opinion, Martin would be a low recidivism risk if he maintains his sobriety. Roesch found Martin to be genuinely remorseful and amenable to treatment.

“Joseph takes full responsibility. He’s quite ashamed for his actions,” said Roesch.

Marshall, however, pointed out the attack on Gadman was planned and questioned why drug treatment would suddenly work now when it hasn’t worked for Martin in the past.

Martin’s attorney, Bryce Powell, recommended a “blended” sentence composed of a suspended adult prison term and commitment to the Idaho Department of Juvenile Corrections for an indeterminate period of time up to the age of 21. The suspended prison term could be invoked if Martin falters.

Powell argued that adult prison could serve as a finishing school for a life of crime and added that studies have shown that trying juveniles as adults increases the likelihood of recidivism.

“We fully expect incarceration. The only questions are where and for how long,” said Powell.