Corona, CA: DA will not seek death in kidnap-slaying of Corona man

Riverside County prosecutors will not pursue the death penalty next month in the murder trial of a man charged with helping kidnap a Corona real estate broker and burying him in a Moreno Valley backyard.

After evaluating the case of Oscar Ortiz Martinez, Riverside County District Attorney Paul Zellerbach ruled the evidence did not warrant capital punishment. Martinez could face life in prison without parole if convicted of all charges.

The decision was made as part of the district attorney's review of all of the county's death penalty cases, authorities said.

"We believe this is the most appropriate decision, based on the evidence of the case," district attorney's spokesman John Hall said.

Martinez was among three people charged with murder in the death of Orlando Duarte Sr.

Duarte, also a court clerk in Orange County, was taken from his Corona home March 14, 2008. His body was found five days later in a 5-foot-deep grave behind a home on Atwood Avenue in Moreno Valley. He had been bound with an extension cord.

Corona police arrested Martinez a month after the body was found. His estranged lover, Cynthia Rodriguez, and her brother-in law Arturo De Oca, are also charged with murder but remain at large, possibly in Mexico, authorities said.

Police said Rodriguez was living with Duarte and Martinez became jealous.

FBI agents said Duarte may have been taken to Mexico and held for ransom before he was killed.

Days after his capture, his family received phone calls demanding $2 million. While he was being held captive, Duarte called his family and told them he had been taken to Mexico.

Martinez told police that it was Rodriguez who asked for help getting rid of Duarte.

"The evidence shows he (Martinez) wasn't the impetus behind it," Supervising Deputy District Attorney John Henry said. "Cynthia Rodriguez was the driving force."

Martinez's trial is scheduled to begin May 10 in Riverside.