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Judge to allow evidence of sexual event

Suspect is accused of stabbing 14-year-old with butcher knife

Tuesday, November 18, 2008 2:06 PM PST
Klamath County Circuit Court Judge Richard Rambo will allow evidence that a man accused of wounding his stepson with a butcher knife also engaged in sexual swinging activities. In a hearing Tuesday, prosecutor Sharon Forster brought forward information that Randall Ray Martino, 42, engaged in casual sex by exchanging partners, known as a swinging, event, with his wife the same day as the alleged assault.

Martino is accused of attacking his wife April 30 and cutting his 14-year-old stepson with a butcher knife when the teenager intervened. He is charged with attempted murder, rape, assault, criminal mistreatment, strangulation and attempting to elude police. His trial is scheduled to begin Dec. 2. He was being held at the Klamath County Jail in lieu of $1 million bail.





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The following are comments from the readers. In no way do they represent the view of HeraldAndNews.com. Comment Disclaimer: The editors of heraldandnews.com reserve the right to refuse publication of any comment posted for consideration. We may refuse for any reason, including use of profanity, disparaging comments, libelous comments, etc. Any reader who notices a comment they believe is particularly offensive, should notify us at webmaster@heraldandnews.com.

cd wrote on Nov 18, 2008 7:38 PM:

" DId anyone happen to see the RAPE charge. Don't you think that may play a part in the relevancy of the sexual activities. "

Kim wrote on Nov 18, 2008 2:59 PM:

" They may be trying to use it as a motive for why he attacked his wife in the first place. Something may have gone wrong after they attended the swingers event causing him to get jealous or something and attack his wife. "

i agree wrote on Nov 18, 2008 2:50 PM:

" i agree with Dennis O.... what does the swinging have to do with this? Did the boy walk in on the swinging event? Not sure how this plays into the case?? HHmmmm....... "

Dennis O wrote on Nov 18, 2008 1:27 PM:

" I am curious as to the relevancy of sexual swinging activities and the use of a butcher knife. Unless of course, a knife was used in the sexual escapades. This couldil be a basis for reversal on appeal i.e. the prejudicial nature of the evidence is far outweighed by the probative value of the evidence. "

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