With DNA evidence linking Victor Ramirez Martinez to the random brutal attack on Marilyn Pharis in the summer of 2015, prosecuting and defense attorneys differed on whether the woman’s severe injuries or faulty medical care caused her death.
Opening statements in the murder trial of Martinez occurred Tuesday afternoon in Santa Barbara County Superior Court, where a day earlier a different jury heard about the allegations against co-defendant Jose Villagomez, 23.
Pharis, 64, an Air Force veteran who worked as a civilian satellite tracker at Vandenberg Air Force Base, was assaulted on July 24, 2015. She died eight days at Marian Regional Medical Center in Santa Maria due to a pulmonary embolism, or blood clot in the lung, allegedly linked to the attack.
Martinez, 32, is accused of attacking Pharis with his fists and a hammer after the men broke into her house; Villagomez allegedly served as a lookout. The men, who had met days before the attack, thought the residence was empty.
The pair have been charged with murder along with allegations the crime was committed during a robbery, burglary and sexual assault. Martinez also faces an allegation of torture and using a deadly weapon in the attack.
Senior Deputy District Attorney Ann Bramsen, who is leading the prosecution team that also includes colleague Fabiana Fede, told jurors the victim recalled being strangled to the point of unconsciousness three times.
“He hit her over and over and over again,” Bramsen said of Martinez. “He admitted to detectives he also hit her with a hammer.”
By the time Pharis arrived at the hospital, she had significant swelling to her face and neck, with doctors concerned her free-floating hyoid bone, key for a person’s ability to breathe, had fractured, Bramsen said.
“A fractured hyoid bone is something that takes severe force,” Bramsen said.
Martinez’s DNA also was found on Pharis’s neck, the crowbar used to enter the house, a pillowcase in the bedroom, a bloody handprint, the hammer and more. The victim’s DNA also was found under his fingernails and a bite mark on his arm.
After days in the hospital, Pharis experienced “a tragic complication” — a deep vein thrombosis or blood clot that ultimately broke free and killed her, although doctors worked for 90 minutes to save her life, Bramsen said.
One of her doctors will testify Pharis had “an almost zero percent” chance of developing a blood clot before the attack, Bramsen said.
“Had she been working in her regular life, the blood clot would not have happened.” Bramsen said.
A forensic pathologist will testify about the “severe and significant internal bleeding” found during the autopsy, Bramsen said.
“He will tell us how much force it takes to strangle someone to lose consciousness three times,” Bramsen said.
Defense attorney Lori Pedego told jurors they did not dispute Martinez’s role committing “a very serious crime” by assaulting and choking the woman.
“There will be no evidence that Mr. Martinez intended to kill Ms. Pharis,” Pedego said, adding the man fled after Pharis became unconscious.
“We know that Ms. Pharis was unconscious when Mr. Martinez left, by her own words, and nothing would have stopped him from killing her if that was his intent,” Pedego said.
The defense attorney denied the attack caused the woman’s death, instead blaming the deep vein thrombosis and pulmonary embolism on “grossly improper treatment” by medical staff at the hospital.
“The evidence will show that the prosecution’s medical experts attempted to cover up the grossly improper treatment received by Ms. Pharis by attempting to lay the blame at the feet of Mr. Martinez,” Pedego said.
The defense attorney urged jurors to look at the facts and circumstances to determine if the prosecution provided evidence that Martinez’s had committed a burglary, robbery, rape or torture beyond a reasonable doubt.
Pedego contended a lack of DNA or other evidence will prevent the prosecution from proving Martinez sexually assaulted the woman.
Like his co-defendant, Martinez’s defense will include expert testimony from a neuropsychologist.
Dr. Enrique Lopez will testify about tests suggesting Martinez had patterns of cognitive impairment consistent with certain neurological disorders such as learning disabilities, brain injuries and possible brain infection, Pedego added.
“That’s one piece of evidence that will allow you to know what’s going on in Mr. Martinez’s head,” Pedego said.
Judge John McGregor previously approved dual juries to consider the fates of Martinez and Villagomez.
Both juries will show up Wednesday morning when the trial’s first witnesses will begin testifying. The trial is expected to last into June.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.