Associated Press
YAKIMA — A former fruit warehouse manager accused of sending two brothers to rob and kill one of his bosses will be retried, the acting Yakima County prosecutor said Wednesday.
The boss was tied up but not hurt.
"I reviewed the file thoroughly. I did everything I would have done before charging this out, and came to the same conclusion (former prosecutor) Jeff Sullivan did — this was a case that needed to be decided by a jury," acting prosecutor Ron Zirkle said.
Alex Martinez’s first trial ended last Thursday with a hung jury voting 10-2 for acquittal.
It was longtime prosecutor Sullivan’s last case before he took a new job in the U.S. Attorney’s Office in Seattle.
Martinez, 32, had been charged with conspiracy to commit murder and first-degree robbery, burglary, theft and kidnapping.
Zirkle said he couldn’t say yet if the charges for a second trial would be the same. But he said he wasn’t dissuaded by the lopsided vote for acquittal.
"Another panel of jurors might come to a different conclusion," Zirkle said.
Martinez was accused of sending brothers Noe Caldera, 20, and Manuel Caldera, 21, to the home of Tom Hanses on March 20, 2001, to rob and kill him.
Hanses is a co-owner of Washington Fruit and Produce Co., where Martinez was human resources manager.
The Calderas, armed and wearing masks, tied up Hanses and looted his house. They also stole a sport utility vehicle equipped with a built-in satellite navigation and tracking device. The OnStar system enabled authorities to arrest the Calderas about 90 minutes after they left Hanses’ home.
During the first trial, Sullivan contended that Martinez hated the Hanses family. But Adam Moore, Martinez’s defense lawyer, contended that Martinez was framed by the Calderas, who were looking to strike a deal for shorter jail terms after they were caught.
Both brothers pleaded guilty to reduced charges last year. Neither has been sentenced.
Martinez remains in the Yakima County jail. A date for the second trial has not been set.
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