So why is the lead detective in a headine mortgage fraud case helping someone identify a suspect?

Good question huh?  Why is Detective Jorge Baluja helping defendant Michael Martinez identify one of the suspects in the Bernardo Barrera mortgage fraud case?  In our last post we described the highly unusually technique that Detective Baluja used to have Mr. Martinez identify attorney Delaila Estefano, the attorney whose office conducted the closing for the Oak Avenue home that's at the center of the Barrera mortgage fraud case, the detective showed a single photo of Ms. Estefano to Mr. Martinez and asked him to identify her, what we called the "single photo lineup."


Now, let's look at why Mr. Martinez needed so much help in identifying Ms. Estefano for the police, from his deposition transcript...

So Mr. Martinez can't describe the suspect that Detective Baluja want's him to identify, sounds like a bit of a problem.  Not good but it gets worse...

If not physically, then how?  How about something simple like hair color Mr. Martinez?

Uh oh.  That's when the Detective busts out with his single photo line up...

Pretty pathetic, but as usual it gets worse.  Some of you may remember that in exchange for his testimony against his fellow codefendants in the Barrera fraud case, Mr. Martinez was given a sweetheart plea deal and sent on his way.  That should lead you to wonder, what kind of plea deal could the state give a defendant who couldn't even identify the target of the states case?  Wouldn't a "reasonably prudent" prosecutor (Judge Barzee's words, not mine) have taken a step back when this guy couldn't get his facts straight?  You would think so, but no.  Instead assistant state attorney Bill Kostrzewski decided to build his case on statements from Mr. Martinez, statements from a codefendant that couldn't even identify the target of his prosecution, statements from a man willing to say anything to keep himself from going to jail.  Once again, nice going Bill!  Trust me folks, it gets much worse.

With that said, stay tuned and have a great weekend!