Attorney 'devastated' after Ga. Supreme Court denies appeal in slaying of toddler

Nick Watson, The Times, Gainesville, Ga.
·2 min read

Oct. 11—The Georgia Supreme Court denied a Gainesville attorney's request to appeal a ruling that disqualified him from representing a couple charged in a 2021 murder, according to court documents.

Attorney Arturo Corso previously represented both Juan Martinez and Nancy Martinez, of Gainesville, who were charged with felony murder and child cruelty in the Oct. 10, 2021 of 2-year-old Valeria Jordan Garfias. The couple both pleaded not guilty.

The Martinez couple were accused of causing "traumatic brain injury and other internal injuries" to Valeria between noon and 2 p.m. Oct. 10, 2021, according to authorities.

Both defendants signed waivers last year stating they were OK with Corso representing both of them despite a possible conflict of interest.

Though there were concerns early on from the prosecution about Corso representing both defendants, Superior Court Judge Jason Deal allowed Corso to proceed as attorney for both of them.

But that changed after Corso filed pleas of mental incompetence to stand trial for both defendants, stating that their mental statuses were in decline since their arrests.

Deal wrote that the waivers were no longer adequate for curing any conflicts "as there is now a question as to whether the waivers were knowingly and intelligently made."

The judge, however, allowed for Corso to send the issue for review to the Georgia Supreme Court.

The Georgia Supreme Court decided unanimously to deny the application for an appeal, according to a document filed Oct. 6 in the Hall County courthouse.

With the court denying the chance to appeal, Corso said this issue would not be addressed unless the case goes to trial, the defendants are convicted and it goes to an appeal on the conviction.

"If the two defendants are acquitted ... then the case will never be reviewed," Corso said.

A new attorney has been appointed to represent Nancy Martinez, but no attorney was listed for Juan Martinez as of Oct. 10.

Juan Martinez's previous attorney was a public defender, Andy Maddox, who is now a Magistrate Court judge.

Corso said there are witnesses and phone records that put Nancy Martinez in her cab away from the scene. He also said Juan called 911 multiple times.

"Disappointed is a gross understatement," Corso said. "I'm devastated. I have poured myself into this case."

Corso said he would continue to help the new attorneys assigned to the couple's case.

"There's something about being able to speak to an accused innocent person in their native language," Corso said. There's something about culturally identifying with them. You look the same. You talk the same. You come from the same background. That is all the foundation for a real relationship and bond to develop between attorney and client."