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While Gerardo E. Martinez, the Warwick man accused of murdering his girlfriend, waits in a New Hampshire jail cell, Rhode Island prosecutors are seeking a murder indictment that could pave the way for his return.

Martinez, 28, of 1917 Warwick Ave., is accused of killing Lindsay Ann Burke, 23, in his home on Sept. 14, then driving her car to New Hampshire, where he struck a tree near a rest stop. The New Hampshire State Police found a note in his car indicating he killed Burke, according to an affidavit filed in court there.

Minutes after the car crash, the Warwick police found Burke's body in Martinez' house. The medical examiner's office ruled that Burke died of a slashed throat.

The Warwick police last week returned two search warrants to District Court, Warwick, providing further details of their investigation.

They reported seizing more than 50 objects from Martinez' home and his pickup truck, including the Scooby Doo stuffed animal that was found lying on Burke's body in a bathtub, and the Smith & Wesson knife found lying on a counter nearby, according to an inventory filed in court.

Among the other items reported seized: a note from Burke beginning "Dear Gerardo," eight computer printouts listing the locations of gun shops in New Hampshire, and blood samples taken from the bathroom and TV room.

The police also obtained a warrant to search Burke's car, which they towed from New Hampshire to police headquarters. Inside, they reported finding several items stained with blood.

Burke, of North Kingstown, had worked as a substitute teacher in South Kingstown and at a company that provides services to people with developmental disabilities.

Material from the Concord Monitor was used in this report.

Grand jury indicts Warwick man for girlfriend’s murder
WARWICK, R.I.  -- A Kent County grand jury has indicted a Warwick man for killing his girlfriend and fleeing to New Hampshire. New Hampshire police arrested 28-year-old Gerardo Martinez at a rest area there last month. An attendant called police after finding Martinez covered in blood in a car that had rolled into a tree. He reportedly told troopers that he had hurt his girlfriend.Warwick police found the body of 23-year-old Lindsay Burke shortly afterward.The grand jury indicted Martinez yesterday on one count of murder and one count of operating a motor vehicle without the owner’s consent. He drove Burke’s car to New Hampshire.

Martinez is in jail in New Hampshire, awaiting extradition to Rhode Island

Warwick man is indicted in girlfriend's death

Gerardo E. Martinez, 28, of 1917 Warwick Ave., was arrested Sept. 14 after he drove a 2001 Subaru into a tree in Canterbury, N.H. The New Hampshire State Police found a notebook in the car suggesting he had killed his girlfriend in Warwick, according to a police affidavit.

Even under a governor's warrant, Martinez can contest his extradition in New Hampshire, [Beryl Kenyon] said. A public defender who represented Martinez during his appearance last month did not return a phone message yesterday.

 A Kent County grand jury yesterday indicted Gerardo E. Martinez on one count of murder and one count of driving a stolen car. He was arrested in New Hampshire last month on suspicion of killing his girlfriend here.

Armed with the indictment, Rhode Island prosecutors will seek a governor's warrant asking New Hampshire's governor to return Martinez to this state, said Beryl Kenyon, a spokeswoman for the attorney general's office.

Martinez, 28, of 1917 Warwick Ave., was arrested Sept. 14 after he drove a 2001 Subaru into a tree in Canterbury, N.H. The New Hampshire State Police found a notebook in the car suggesting he had killed his girlfriend in Warwick, according to a police affidavit.

The Warwick police searched his home minutes later, finding Lindsay Ann Burke, 23, of North Kingstown, lying in a bathtub with her throat slit, the police said.

Appearing by videoconference in District Court in Concord on Sept. 15, Martinez refused to immediately waive his right to extradition. He remains at the Merrimac County Jail.

Even under a governor's warrant, Martinez can contest his extradition in New Hampshire, Kenyon said. A public defender who represented Martinez during his appearance last month did not return a phone message yesterday.

If Martinez does return to Rhode Island, he would be arraigned in Kent County Superior Court, where he would enter a plea to the charges.

The indictment accuses Martinez of killing Burke and stealing her car on Sept. 13, the day before he was arrested and the body was found. Previously, the police had not said how long they believed Burke was dead before she was found.

Man Guilty in Killing of Former Girlfriend    Providence Journal   Jan. 27, 2007
A jury yesterday convicted former Navy seaman Gerardo E. Maratinez of first-degree murder for slashing the throat of 23-year-old Lindsay A. Burke, a former girlfriend whose bloody corpse he deposited in his bathtub, cloaked by a blanket alongside her stuffed animals.
Martinez will be sentenced March 30 by Superior Court Judge Francis J. Darigan, Jr.  Prosecutors have recommended the most severe penalty available under state law, life in prison without the possibility of parole. 
In addition to the first-degree murder conviction, the jurors found that the murder involved "torture and aggravated battery," making Martinez eligible for life imprisonment without the possibility of parole.
"This domestic-violence murder of a lovely, accomplished young woman was preceded by one of the most brutal attacks imaginable," Attorney General Patrick C. Lynch said in a statement.
"My heart goes out to the Burke family for the incomprehensible loss they have suffered."



 

Convicted killer gets life sentence


01:00 AM EDT on Friday, April 13, 2007

By Michael P. McKinney

Projo.com Staff Writer

WARWICK — Judge Francis J. Darigan Jr. yesterday sentenced Gerardo E. Martinez to life without the possibility of parole for the murder of 23-year-old Lindsay Ann Burke, of North Kingstown, in 2005 — the maximum penalty available in Rhode Island.

Martinez, 29, of 1917 Warwick Ave., Warwick, will go to the Adult Correctional Institutions in Cranston, convicted on one count of first-degree murder, according to a news release from the state attorney general’s office. He will also serve a five-year concurrent sentence for one count of driving a motor vehicle without the owner’s consent.

After a seven-day trial, the jury deliberated for three hours before returning the guilty verdict on Jan. 26. The jury determined at that time the murder was committed in a manner involving torture and aggravated battery.

Burke’s murder has spawned a bill in the General Assembly. On Tuesday, the House Health, Education and Welfare Committee heard testimony from Burke’s parents on the bill, which would mandate a statewide curriculum in grades 7 through 12 about dating violence, incorporated into the existing health education curriculum. The bill also calls for creating and carrying out a no-tolerance dating violence policy.

Attorney General Patrick C. Lynch, who was in court for the sentencing, said in the news release: “Lindsay Ann Burke was murdered by a former boyfriend who not only took advantage of her compassionate, trusting, and generous nature but took her life, in a brutally vicious attack. There was no question in our minds that the defendant should receive a sentence of life without parole, and I am grateful that first the jury, and now Judge Darigan, agreed.”

When a Warwick officer met with the Burke’s parents, Ann and Christopher Burke, at Martinez’s home in September 2005, they expressed concern for their daughter’s safety because she had not reported to work that day and had not been heard from. According to the attorney general’s news release yesterday, Burke and Martinez had been in a “tumultuous relationship” for two years.

Later that year, a Kent County grand jury indicted Martinez on one count of murder and one count of driving a stolen car. He was arrested in New Hampshire that year on suspicion of killing his girlfriend in Warwick. He was arrested after he drove into a tree in Canterbury. New Hampshire State Police found a notebook in the car suggesting he had killed his girlfriend in Warwick, a police affidavit said. The police, searching his Warwick home, found Burke lying in a bathtub with her throat slit, according to the police.

“We do believe that the sentence of life without the chance of parole given to Martinez sends a strong message that, here in Rhode Island, we will hold abusers accountable for their acts of violence,” the Rhode Island Coalition Against Domestic Violence said in a statement. The coalition added: “We hope the vicious murder of Lindsay Burke encourages other victims to reach out for help to escape an abusive relationship.”

April 17, 2007     AWARENESS TRAINING MAY BE LEGACY OF LINDSAY BURKE MURDER

Last week, Judge Justice Francis J. Darigan Jr. sentenced Gerardo E. Martinez, 29, of 1917 Warwick Ave, Warwick to life without the possibility of parole for the September 2005 murder of 23 year-old Lindsay Ann Burke.  Life without parole is the harshest sentence available in the State of Rhode Island. 

The sentencing brings the formal proceeding concerning what Warwick Police Major Joseph Tavares said was one of the saddest cases the department has ever seen.

"We're pleased that this has come to a close," said Tavares.  "This was a horrific crime where a beautiful young woman was killed who had her whole life ahead of her.  But she does leave a legacy in the Lindsay Ann Burke Law."

The attorney general sponsored the legislation that would require all middle and high schools in RI to teach about teen dating violence in their health curriculum from grades 7 to 12 each year.  It also requires staff at the middle and high school levels to be trained in the topic and mandates yearly awareness training for parents.

The jury deliberated for three hours before the guilty verdict on Jan. 26.  The jury concluded the murder involved torture and aggravated battery.

"Lindsay Ann Burke was murdered by a former boyfriend who not only took advantage of her compassionate, trusting, and generous nature but took her life in a brutally vicious attack," Attorney General Patrick C. Lynch said last week.  "There was no question in our minds that the defendant should receive a sentence of life without parole, and I am grateful that first the jury, and now Judge Darigan, agreed.  I am fortunate to have gotten to know the courageous members of the Burke family, who have suffered unimaginable heartbreak, and am hopeful that their beloved daughter's legacy will provide lessons for our teenagers that will prevent others from being victimized by dating violence."

"There is no good that comes from a tragedy like this," said Tavares, but at least her memory lives on in the curriculum of Rhode Island's schools to help prevent such tragedies in the future."