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WILLIAMSBURG The girl, raped and strangled, had been asleep for about 48 hours aback two badge admiral and a dog abettor access into Y-B’s tavern, led by a drooling bloodhound alleged Patton, the big dog sniffing frantically.

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From the hound’s pawing and howling, it was bright that the man they were attractive for had afresh spent time in the bar, a blue-collar watering aperture done up in a NASCAR motif. The tavern, off a country alley southeast of here, is a abbreviate airing from the bivouac esplanade access breadth 16-year-old Brittany Binger, conflicting from her burst ancestors and disturbing to anatomy a life, had been attacked and killed.

In the dim ablaze of Y-B’s, as a dozen or so late-afternoon audience looked on, the dog circled the barroom, his adenoids dipping and darting at the carpet, the booths, the basin tables, the jukebox. The suspect’s aroma was everywhere.

The officers, Bill Gibbs and Lesa Branch, gave the abashed assemblage no account — they aloof asked them to authority still while Patton did his assignment — but the association in the bar knew what the chase was about.

In James City County, 160 afar south of Washington on the Virginia Peninsula, homicides don’t appear generally — there are two a year, on boilerplate — and whodunits are rarer still. In the hours aback a bi-weekly carrier had apparent Binger’s anatomy on a roadside application of grass, the killing had been the fizz of the tavern, a affair of ceaseless beery belief that would abide as the case grew stranger.

The chase would go on for weeks — the better analysis in years for the county’s 73-member badge force. Detectives assuredly fabricated an arrest, and the arch prosecutor actuality said he hopes to seek the afterlife penalty. But he knows he may not get the chance.

There may not be a balloon for years. In fact, there may not be a balloon at all: It’s accessible that the declared killer, who charcoal article of a abstruseness alike now, afterwards bristles months in custody, will sit bedfast in acknowledged limbo indefinitely.

Because, it angry out, the aroma Patton chased into the alehouse that January day had appear from no accustomed suspect.

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Following a Hound’s Nose

In Y-B’s, as she clung to the dog’s leash, Margie Spencer couldn’t acquaint whether the doubtable had been in the bar afore the killing or afterwards it. But she knew he wasn’t there at the moment.

Like all people, the man they were attractive for afford a diminutive aisle of asleep bark beef with a altered odor that Patton could follow. The dog had best up the aroma at the bivouac esplanade access and tracked it a few hundred yards to Y-B’s. If the doubtable were in the bar, Patton would accept homed in and again angry to Spencer, his owner, for a treat.

What the basset was hitting on instead were “scent pools” in places in the alehouse breadth the doubtable had lingered. And one of the arch of these was on the craven artificial berth aing the restrooms, amidst a shelf of bound trophies and a life-size agenda agent of Dale Earnhardt Jr.

This was Tuesday, Jan. 4. Binger had been asleep Sunday night, her anatomy begin on Monday. As Gibbs watched the dog detect and paw at the booth, he recalled what Y-B’s bartender, Tim Parks, had said the day before, aback badge were campaigning in the tavern.

Gibbs had asked Parks if he’d noticed anyone abnormal in the bar Sunday evening.

Well, replied Parks, aloof “the Mexican guy.”

“The Mexican guy,” odd but acutely harmless, had been advancing in regularly, sitting alone, sipping Budweiser and staring silently. Parks knew annihilation about him, not alike his name. But he remembered seeing him Sunday night, bubbler agilely as accustomed — in the berth aing the restrooms.

“Tim referred to him as aloof this Mexican guy who kept to himself all the time,” Gibbs recalled. “A guy who didn’t allocution to anyone.”

A Aisle of Mystery

“The Mexican guy” isn’t Mexican; he’s a Salvadoran immigrant, Oswaldo Martinez, and he had aloof angry 33 at the time of the killing.

A day laborer then, 5-foot-4 and 130 pounds, with a attenuate mustache and atramentous beard pulled into a abbreviate ponytail, he had been in the country illegally for about a year. And for weeks, afore and afterwards the Jan. 2 killing, he was a accoutrement in Y-B’s.

“He was a abandoned person, I think,” said Tom Cail, 60, bubbler beer one contempo night with a half-dozen added citizenry of the bar.

Y-B’s draws a banal crowd, abounding of its audience advancing from bivouac parks nearby. They appearance up on their cafeteria hours and afterwards abandonment time — women with abscessed easily and annoyed feet, men in NASCAR brawl caps and old jeans, their fingernails belted with branch grime. They alcohol Bud in bottles for $2.15, drafts for $1.25, and lounge or shoot basin while the jukebox plays country-and-western.

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Cail and his accompany said that Martinez started assuming up in November. And because he had annihilation to say to people, best association chock-full apprehensive what his adventure was and aloof accustomed him as allotment of the scenery. They ample he didn’t adduce English.

Adrift in a adopted culture, he seemed socially clueless. Women in the bar said he sometimes propositioned them by bouncing to get their attention, pointing to himself, again pursing his aperture and authoritative kissing sounds. They laughed him off. Mostly, he sat quietly, and on the few occasions aback bodies approved to allocution with him, he said nothing.

When he basic a beer, he’d appearance waitress Carol Howard his hands, one aloft the added — aing calm for a draft, further afar for a bottle. If he flashed six fingers, she’d accompany him a half-dozen absurd dumplings. If he basic a burger, he’d cup his easily as if he were about to chaw into one.

He never acted bashed and, except for his casual leering at women, he never got out of band in the bar, assemblage said.

“For a continued time, he’d aloof sit over there and stare,” said Patricia Pratt, 37. “I got absolute mad at him one time for staring at me.”

One December night, Pratt absitively to sit bottomward with him.

“I acquainted apologetic for him,” she said.

Although his staring had angered her at first, her attitude had softened. He had become a accustomed face in Y-B’s over the weeks, and a few of the audience eventually had bent on to his problem. Pratt knew why he behaved as he did.

“I begin out he was deaf.”

He didn’t allocution because he didn’t apperceive how. He could afford some apprehensible sounds, low and aing — “Mama” and “Mario” — but he’d never heard words strung together.

Sitting in the bar or walking the streets, he looked out at the apple from a appropriate affectionate of aloof confinement. Alike in crowds, he was isolated. He didn’t apperceive assurance accent and couldn’t apprehend aperture — and he was illiterate. Enveloped in blackout aback birth, never able to allotment his thoughts, to blot or catechism ideas, he lived anniversary day central himself, a loner, acquirements what he could by watching added people.

It didn’t booty continued for Pratt to the admeasurement of his disability. He could book his name in a child’s scrawl. But except for awkward assets and simple duke gestures, he couldn’t communicate.

“I was aggravating to advise him a little assurance language,” said Pratt, who already advised training to be an analyst for the deafened and had apprehend a book on the subject. “I don’t apperceive annihilation but the basics: ‘good boy,’ ‘good girl,’ ‘thank you,’ ‘you’re welcome.’ . . .” With Martinez, she accomplished the adversity of carrying alike the simplest abstruse chat concepts to a man as removed from accent as he was.

“I didn’t advise him much,” she said.

A Rocky Start

Two of his brothers, Mario and Santiago, had appear actuality afore him, anniversary with a accurate assignment permit, Oswaldo Martinez’s advocate said.

One begin a job in construction, the added at a restaurant, in a allotment of the peninsula with a baby but fast-growing Hispanic community. Bustling development in James City Canton (population 54,000) and a accommodation industry fueled by Busch Gardens and Colonial Williamsburg accept fatigued Latino workers of several nationalities — immigrants generically labeled “Mexicans” by some in the county, which is 82 percent white.

Midway bottomward the peninsula, Route 60 becomes Pocahontas Trail, lined with bivouac parks alleged Country Village, Heritage, Windy Hill — and Whispering Pines, breadth Binger was killed. Mario and Santiago Martinez busy trailers in Windy Hill, abaft a bindle of arid storefronts that includes Y-B’s, and lived there agilely with their families — until their brother Oswaldo accustomed from El Salvador.

His history is sketchy, aloof a few capacity aggregate by his attorney, who said Martinez was built-in in 1971 and came of age amidst the anarchy of El Salvador’s 12-year civilian war. One of nine siblings, he grew up in squalor, toiling in sugar-cane fields beside his mother, who absent her bedmate to a armament blast. The advocate said Martinez never abounding academy and, except for his name and a few baby words, he can’t apprehend or write.

Asked how Oswaldo managed the adventure to Virginia, Mario Martinez shrugged. “We don’t know,” he said, speaking briefly alfresco his bivouac on Beckie Lane, breadth Oswaldo stayed. He said his anew accustomed brother, who showed up by surprise, was a nuisance — advancing and activity at all hours of the night, smoker cigarettes and swilling beer in the trailer.

So it was absitively that Oswaldo would move out and alive in a afford in the yard.

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“He was accept to do it,” Mario Martinez said.

The shed, comatose on cinder blocks, became his little apartment, a 6-by-7-foot plywood box with a ailing beam seven anxiety high. Martinez, no drifter to hardship, begin it livable. Water and electricity came from the trailer. An air conditioner cooled him and a baby affected stove gave him heat. He slept on a mattress, kept his bare accouterments in a pint-size chiffonier and showered in a tiny stall.

As for his day-labor wages, there was a country alehouse aing by breadth he could absorb them.

By the end of the year, weeks afterwards he began assuming up in Y-B’s, he was still aloof “the Mexican guy” to best people, including bartenderParks, who noticed him in the berth by the restrooms on the night of Sunday, Jan. 2.

Jo Ann Johnson, 60, and added audience saw him in the bar then, too, in billowing jeans and a light-colored diaphoresis shirt.

“He kept activity in and out” of the tavern, Johnson recalled. “And he kept staring at me. And I told people, I said, ‘I’m absolutely accepting nervous. He’s aloof staring and staring.’ . . . He seemed actual fidgety. Actual absorbed or whatever. And he was activity in and out, in and out. . . .”

Sometime afore 7:40 p.m., he went out and didn’t appear back.

Searching for Stability

In her kitchenette that night, Brittany Binger accomplished her burger, downed her macaroni and cheese and got up from the table. It was about 7:30, and she was activity out.

Moments later, she pulled on her waist-length covering coat, best up the amethyst t accessory from Crown Royal whiskey that she acclimated as a purse and stepped out of the adaptable home. She was off to appointment a acquaintance in his bivouac that Sunday, walking abandoned in the January chill.

Two of the women she lived with, sisters Danielle Hollingsworth, 18, and Kristin Thurston, 22, watched her go, not assured her aback until morning.

She was a slender, appealing girl, affected by nature, boxy by necessity. Her activity had been 16 years of bad road. A aerial academy dropout, babe of a annoyer abettor and a mini-mart clerk, she was an drop of divorce, conflicting from her father, out of blow with her mother. Her dreams were simple, her accompany said. She basic a abiding job and a abiding home.

Backward in the fall, Hollingsworth and Thurston and the sisters’ mother had taken Binger in, authoritative allowance for her in their adaptable home in Windy Hill. It’s beneath than a mile from there to the bivouac she was headed to in Whispering Pines. A adjustment runs through the parking lot of Y-B’s alehouse and the accessibility abundance beside it.

Now, in jeans and white sneakers, she absolved in the aphotic accomplished the bar and the mini-mart. She fabricated it alone a few hundred yards farther, to a swath of grass at the Whispering Pines entrance. And as she lay there asleep that night, no one absent her; the acquaintance didn’t apperceive she was coming.

A bi-weekly carrier begin her two hours afore aurora Monday. She was on her back, legs together, accoutrements ample — “a crucifix position,” badge alleged it. Her sneakers were off and her anorak was unsnapped. Her T-shirt was hiked up and her jeans were yanked down. An dissection accepted that she had been raped.

Someone had deadened her, acceptable from abaft with an arm, while acute his added duke over her adenoids and mouth, airless her. There was bark beneath her left-hand fingernails, acceptation she about absolutely had aching whoever asleep her. She had died amidst 7:30 and 9:30 the night before.

Because her Crown Royal accessory and best of its capacity were broadcast forth the sidewalk, badge estimated that the antagonist had rifled through the purse as he fled, auctioning things he didn’t want. Detectives bagged the accouterments as evidence, forth with some broadcast trash, including a artificial abstract bottle, which was about full. It was continuing cocked on a driveway 12 anxiety from the asleep girl.

With all seven detectives on the badge force alive the case, the analysis was affective in several admonition aback Margie Spencer accustomed Tuesday from the adjacent Hampton Roads area. She and added associates of a advance accumulation biking frequently with their tracking dogs, acceptable law administration agencies all over the country. Patton, 5 years old, has been training aback he was a puppy.

He lives to sniff.

Narrowing the Field

“Find the man!” Spencer commanded.

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At the Whispering Pines access that afternoon, afterwards a badge administrator rubbed a baby cast pad adjoin Binger’s jacket, Spencer had captivated the pad to Patton’s nose. The dog registered the arch aroma that wasn’t Binger’s. And aback he heard the order, he started tracking, abrupt his leash, affairs Spencer abaft him.

After the basset was done acclaim in Y-B’s that day, he followed the suspect’s aroma aback out to the parking lot. He nosed forth the ground, arch Spencer and the two badge admiral — Gibbs and Branch — accomplished several storefronts in the achromatic little basic until they came to the accessibility store: Miller Mart. Patton was as agitated there as he had been in the tavern, bawl to be let in, again tracking to a alcohol cooler, sniffing and pawing at the canteen door.

So, the clues: Addition whose beginning aroma was on Binger’s anorak acceptable afraid out in Y-B’s, had sat in the berth by the restrooms recently, and had chock-full in Miller Mart for article to drink.

Lots of bodies fit that bill — abounding bar assemblage had sat in that booth. Detectives absitively to alpha by blockage out the oddest man accepted to accept sat there lately.

On Wednesday night, one of the investigators, Pat Murray, saw “the Mexican guy” continuing a Y-B’s and asked him for identification. At first, Murray anticipation the man didn’t adduce English, but again he accomplished what the botheration was. Afterwards the detective managed to get beyond what he wanted, the man motioned for him to follow, and they absolved a abbreviate ambit into the Windy Hill esplanade abaft the bar.

When they accomplished a adaptable home on Beckie Lane — aloof a block from breadth the victim had been blockage — the detective waited as the man rummaged central a shed. He came out with a government-issued ID agenda from El Salvador address his date of address and name: Oswaldo Elias Martinez.

Murray jotted bottomward the particulars. And afore he left, he did one added thing: Continuing in the dark, he took out a camera and airtight a photo of Martinez’s face.

Detectives asked about about him and kept his name in apperception — one of abounding names — as they ter for Binger’s analgesic through January and into February, investigating ex-boyfriends, conflicting relatives, registered offenders and others, and analytic in arrogant for biologic or assemblage access austere abundant to aftereffect in homicide.

Meanwhile, in Y-B’s, Martinez begin a amusing life.

It began one night not continued afterwards the killing, aback Carol Howard basic to mop a the man’s berth and gestured for him to get up. “So we coiled to him, you know, ‘C’mon, sit with us,’ ” said Joan Specht, 54, who knew by again that he was deaf.

He seemed afflictive at first, sitting with the others like an appendage, his eyes darting about the table, watching aperture move. Specht, who carries a decrepit little notebook, printed “Your name” and showed it to him. He scrawled, “Oswaldo Martinez,” which was appealing abundant all he could apprehend or write. And again he aloof sat there, animated occasionally at the conversations he couldn’t hear.

As weeks passed, though, he alone up, and the audience could acquaint he enjoyed their company. He’d sit with one baby accumulation or addition and buy a annular aback his about-face came.

“A actual nice guy, actual nice,” said Tom Cail. “Oswaldo had a lot of accompany in actuality afterwards he started affair all of us.”

A Key Clue Emerges

Six weeks afterwards the killing, the bang-up alleged a meeting.

With the analysis advancing up empty, Maj. Stan Stout accumulated his detectives in their band room, forth with convoying admiral who formed the amplitude of Pocahontas Aisle breadth the babe had been killed. They were activity to watch a DVD.

Afore Binger’s death, the aggregation that owns Miller Mart had installed agenda aegis cameras in the store, but no one alive in the mini-mart or for the canton badge could amount out how to download images from the system.

After a alternation of delays, Stout had assuredly gotten the video on a disc. Now, in the band room, attractive at images from Jan. 2 on a PowerPoint screen, the admiral advised the faces of Miller Mart barter in the hours afore Binger was attacked. The detectives basic names for the faces — these were bodies in the around of a homicide. More than a dozen convoying admiral peered at the screen, analytic for bodies they knew from their beats.

Afternoon became atramentous on the DVD as hours anesthetized in the band room. The admiral watched barter appear and go, the agenda images brittle and in color. Again the video time brand accomplished 7:42 p.m.

Stout was sipping a Coke, bent on a desk, aback up on the awning a man absolved into Miller Mart in billowing jeans and a light-colored diaphoresis shirt and headed for a alcohol case. In the burning afore anyone spoke, the detectives leaned adjoin the video, absorbed by what they saw.

Then addition said, “That’s that Spanish guy from the bar.”

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Freeze that.

Stout, on his feet, angry to Gibbs, and Gibbs, staring at the screen, said yeah — that’s the acknowledgment the dog liked.

They watched, amazed.

“What the [expletive] is that in his hand?” Stout asked.

Gibbs put the video on a abate awning and added it, absorption on a 20-ounce canteen the man had taken from the cooler. Detectives craned in, account the label: Minute Maid, Strawberry Passion.

Stout beatific Sgt. Jeff Vellines to the acreage allowance to attending in an affirmation box, again angry his absorption aback to the video.

A altered camera showed the man in billowing jeans pacing in advanced of the abundance with his alcohol — about the time Binger would accept been acid through the parking lot. To the detectives, he seemed anxious, afflicted up — hyped.

Then Vellines appear back: Item No. 4 — the artificial canteen continuing cocked a the body, about abounding — was Minute Maid.

Strawberry Passion, 20 ounce.

The Stumbling Block

Stout and his detectives, and the commonwealth’s advocate here, Michael E. McGinty, accept answerable Martinez with basic murder. They adduce that he saw Binger, a stranger, in the parking lot and followed her in the aphotic to the Whispering Pines entrance, breadth he put bottomward his abstract bottle, jumped her from behind, raped her, asleep her and ran away.

And they said they can prove it — based on what they begin out in the animated few canicule afterwards the detectives saw the Miller Mart video.

But they may not get the chance.

“I’ve never had a case like it,” said Edward W. Webb, sitting with Martinez’s book in Virginia’s Office of the Basic Defender in Norfolk. Webb said he doesn’t apperceive what his applicant did or didn’t do forth Pocahontas Aisle that night seven months ago. He and Martinez, of course, aren’t able to altercate it.

Which is the problem.

An accused bent who can’t abetment in his own aegis — who can’t acquaint in any allusive way with his advocate — is accurately amateur to angle trial. The U.S. Supreme Cloister says so. A all-inclusive majority of such cases absorb mentally ill defendants, but that’s not the affair for Martinez. His affirmation is “linguistic incompetence.”

Two Gallaudet University psychologists, who are not deaf, evaluated him at Webb’s appeal and accurate a aegis motion allurement a adjudicator to aphorism him incompetent. In a additional evaluation, done at McGinty’s request, specialists at Virginia’s Western Accompaniment Hospital agreed that Martinez is unfit to angle trial. A cloister audition on the affair is set for Aug. 9.

In Virginia, a basic actor — one adverse baleful bang or activity in bastille afterwards acquittal if bedevilled — can be institutionalized indefinitely if begin amateur while analysis specialists assignment to “restore competence.”

For Martinez, that would beggarly arresting the aboriginal academic apprenticeship of his life.

He would accept to apprentice words — what they are, what they announce — and become accomplished abundant at assurance accent to assignment with his lawyer. The action could booty years and could prove fruitless, depending on his bent and alertness to learn, experts said. His incentive: Eventually he could leave a hospital for jail, angle balloon for annihilation and possibly be executed.

“The success amount for this blazon of affair clearly is not awfully high,” Webb said.

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Lawyers in agnate cases beyond the country agreed, citation several ongoing, abiding efforts to cede “language-less” deafened bodies competent for trials. In one case — portrayed in a 1970s book and TV movie, both blue-blooded “Dummy” — Donald Lang, now about 60, is still bedfast to a Chicago analysis centermost 40 years afterwards he allegedly asleep a prostitute.

Based on the two evaluations, McGinty said he will not challenge the amateurishness motion. He said the cloister audition acceptable will focus on the types of apprenticeship that ability accomplish Martinez fit for balloon someday.

“Certainly from our perspective, it’s frustrating,” McGinty said. “We appetite our day in cloister as bound as possible. But at the aforementioned time, we’ll be patient. We admit that our affirmation isn’t activity anywhere.”

Disbelief, Again Discoveries

The detectives still had assignment to do, but now, afterwards seeing the video, all their activity was focused in one direction. Except for a drunken-driving arrest actuality in aboriginal 2004, Martinez had no badge almanac in the United States, and the FBI begin no official letters of animal assaults or added crimes by him in El Salvador. Within a week, though, admiral would be activation him from beddy-bye in his afford and arch him out of the bivouac esplanade in handcuffs.

And in Y-B’s, amid his friends, there was disbelief.

“He never gave us any affectionate of sign, no adumbration at all,” Cail said.

“I anticipation they were aloof aggravating to pin this annihilation on him because he’s deaf,” Pratt said. “I still accept a adamantine time assertive it.”

DNA tests at the accompaniment abomination lab akin the saliva on the abstract canteen to the berry in the asleep babe and to the bark beneath her fingernails. The canteen had belonged to her killer, and the lot cardinal showed it had appear from Miller Mart.

Those discoveries, additional the video, were abundant to abutment a chase accreditation for beard and saliva from Martinez for DNA testing. But the detectives afraid what ability appear if their doubtable begin out he was beneath a microscope. If admiral absent clue of him while cat-and-mouse for the DNA results, Stout said, “it could be bye-bye, U.S. — hello, El Salvador.”

Stout advised what to do. Like others in the band room, he generally replayed the killing in his mind, imaging the girl’s agitation — the attacker’s arm binding her neck, acid off air; his accessible approach apprenticed adjoin her aperture and nose, airless her. Stout could see her flailing, maybe extensive up with that larboard duke and gouging her antagonist — a blemish that about absolutely would accept healed by now.

Before Stout could adjudge about the DNA samples, two of the investigators, Jake Rice and Rich Schugeld, absolved into Y-B’s backward Tuesday afternoon, Feb. 15, and saw Martinez sitting at the bar, sipping a 12-ounce Bud.

The detectives sat in a booth, ordered craven sandwiches from the owner, Young Belliveau, and agilely explained what they basic her to do.

Just then, as if on cue, Martinez downed the aftermost of his Bud and got up, gesturing to the bartender that he was activity out for smokes. He headed for Miller Mart.

As she had been told to do, Belliveau anxiously best up Martinez’s abandoned Bud canteen and agitated it to the kitchen. Rice aing her there and slipped the award-winning into an affirmation bag. Afterwards locking the canteen in his car trunk, he was aback in the berth with Schugeld, cat-and-mouse for lunch, aback Martinez came through the aperture and alternate to his stool. The two detectives watched him adjustment addition beer with his hands. And again they ate their sandwiches.

Two canicule later, a DNA address said the saliva on the Budweiser canteen akin the berry and the barb skin. Martinez went to bastille that night afterwards the detectives wrote an affirmation for an arrest accreditation laying out their evidence.

The evidence: the hound, the video, the DNA.

The photo.

Pat Murray’s photo — the one the detective had taken of Martinez alfresco his afford aboriginal in the investigation, aback “the Mexican guy” was aloof an odd little man in a alehouse berth whose name the badge basic to know.

They hadn’t agitated to attending at the photo again — it was aloof article to accept accessible if they bare it. Not until they were about to arrest Martinez did they alarm up his angel on the agenda camera. And they saw what Murray hadn’t noticed in the aphotic alfresco the shed, three nights afterwards the killing.

“An chafe on the lower larboard ancillary of his face,” they wrote. “Closer assay of this chafe appear that the beef had been taken off his face.”

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