Ernest Martin (murderer)

Ernest Martin (September 22, 1960 – June 18, 2003) was executed by the State of Ohio for the murder of a Cleveland store owner.

He was convicted of the crime on July 8, 1983, and spent 19 years, 11 months, and 10 days on death row while his case was appealed.

On December 20, 1982, Ernel Foster, a security guard, was robbed of his .38 caliber Smith & Wesson revolver by a black male, while waiting at a bus stop in Cleveland, Ohio.

Martin's girlfriend, Josephine Pedro, testified that he had threatened her with a gun earlier that year, telling her that he had stolen the weapon from a security guard.

Pedro further testified that in the early hours of January 21, 1983, Martin revealed a plan to rob Robinson's Drug Store.

When 71-year-old Robert Robinson, owner of the store, unlocked the door to allow Pedro's entrance, Martin planned to follow her in and rob the premises.

Martin wore gray pants, tennis shoes and a waist length black leather jacket.

After firing the shots Martin allegedly went to the apartment to change his clothes and then returned to the store to finish the robbery.

After several days in jail, Pedro told the police that she had helped set up the robbery by going to the store and that Martin had shot the deceased.

During the trial, the state introduced a letter dated February 13, 1983, wherein Martin asked Pedro to "tell the truth" and implicate a man named "Slim" for the murder-robbery of Robinson.

During the trial the defense presented no witnesses, but sought to introduce into evidence written statements of Pedro and Henderson.

Although Martin's appeals centered on his arrest and his claim of ineffective assistance of counsel, he also attempted to introduce evidence of his innocence.

Rieves-Bey lived across the street from the victim's store and witnessed someone running away from the scene after hearing shots fired.

Within two weeks of the killing, he gave a statement to the Cleveland police describing the man he saw fleeing as 5'10" and 170 lbs, roughly matching Martin.

At the hearing on Martin's motion for a new trial, Rieves-Bey described the man he saw fleeing from the scene as "about six foot, 200 pounds."

During the deposition, he admitted that his cocaine addiction had impaired his memory, and that he couldn't remember giving testimony in 1983 about the case.

The overwhelming nature of the evidence of guilt precluded petitioner from showing that prejudice resulted from any alleged deficiency in his counsel's cross-examination."