How many life sentences can Raymond Martin serve? U.S. attorney Cutchin has an opinion on that
Raymond Martin, this time last year in Jackson County
U.S. DISTRICT COURT, BENTON—About a week before sentencing occurs, the U.S. attorney for the Southern District of Illinois handling Raymond Martin’s case has cut the former sheriff no slack—he’s asking for several life sentences on counts 7 through 14 of Martin’s September convictions.
Yesterday (01.13.11), U.S. attorney James M. Cutchin, who handled Martin’s prosecution, submitted a 17-page request of Judge J. Philip Gilbert noting what he would like to see as a sentence for the 20-year sheriff of Gallatin County (who was removed by county board action Sept. 27 following his felony convictions on all 15 counts.)
Giving insight into the sealed presentencing investigation/report (referred to here as PSR) Martin has been undergoing since early October 2010, Cutchin cited several reasons for the intense sentencing he was requesting (60 months each on counts 1, 2, 3, 6 and 15, and life on each count of 4, 5, and 7 through 14).
Counts 1-3 involve Distribution of Marijuana and count 6 is Conspiracy to Distribute Marijuana, which Cutchin described as particularly egregious because “defendant sought to personally profit from his involvement in some of these investigations by subsequently stealing the evidence obtained from them and then distributing it to others to sell serves to underscore the seriousness and unconscionableness of these offenses. Over the last several years, this Court has unfortunately had the opportunity to become very familiar with the drug problem plaguing Gallatin and surrounding counties and the epidemic levels it reached. While the majority of those cases involved methamphetamine, as the evidence presented at trial demonstrated (and this Court’s own experience confirms), marijuana usage and distribution in Gallatin County went hand in hand with methamphetamine manufacturing and abuse. Defendant’s decision to use his position as Sheriff to exacerbate and profit from the drug problem in Gallatin County rather than trying to become part of the solution makes his crimes even more serious and him more culpable and deserving of markedly harsher punishment than those from that area that this Court has previously sentenced.”
Further, “as the PSR demonstrates the evidence adduced at trial (and the relevant conduct amounts drawn therefrom upon which the Sentencing Guideline calculations are based) does not fully and adequately reflect defendant’s long involvement in the distribution of marijuana in and around Gallatin County. The investigation in this case revealed that defendant became involved with others in the distribution of marijuana as early as 1998,” Cutchin reported.
More information referred to by the sentence request indicates that there was a person Martin had “contracted” with to grow marijuana for him at an agreed-to amount of $5,000 per growing season, this beginning in 1991-92.
There’s no indication in the paperwork on file of who this person might have been.
Count 15, Attempted Structuring of Financial Transactions, was lumped into the 60-month-each sentence request, meaning you should never try to withdraw large sums of money from your bank in amounts less than $10,000 in order to avoid having to report it.
Counts 7-14 involve Witness Tampering, wherein Martin was guilty of attempting to hire people to kill key witnesses in his federal case.
About this, Cutchin wrote: “As the evidence adduced at trial overwhelmingly demonstrated, defendant instead chose to exponentially escalate the seriousness of his criminal conduct by attempting to have Jeremy Potts and David Woods, the two main witnesses against him in the drug case, killed by attempting to hire two separate hitmen, offering them thousands of dollars to carry out the murders, and drawing them highly detailed and accurate maps to the witness’ residences in rural Gallatin County. Not content with destroying his own life, defendant selfishly chose to involve his wife and, even more unimaginable, his 20 year old son in his murderous plot. Had it not been for the courage of Thomas Hayden in coming forward and informing Jackson County law enforcement officials of defendant’s actions, he very well could have succeeded in his repeated and determined efforts to have those witnesses killed. The seriousness of this conduct, both in terms of its intended violence to the victims and its assault on the truth seeking function of the federal criminal justice system, also cannot be understated.”
Cutchin continued, “Moreover, the details and collateral consequences of defendant’s criminal conduct in this regard further demonstrates the egregiousness of his actions. First, as the Court will recall and as is alluded to above, defendant used his impressionable 20 year old son to deliver $1000 to Kevin Brown, one of the intended hitmen, as a down payment for having Jeremy Potts killed. Trans. Vol. 5, pp. 816-827, 897-925. Adding to the outrageousness of this conduct is the fact that defendant instructed his wife and son to obtain the funds for this $1000 payment by cashing one of defendant’s Gallatin County paychecks which he was still receiving because he stubbornly refused to resign his position as Sheriff even though he was incarcerated in the Jackson County Jail and under indictment for multiple felony offenses,” thus proving that it wasn’t just the general populace of Gallatin County who believed Martin was being belligerent over his position and pay, and wanting to hang on to it as long as he could suck off the taxpayer.
“It was not enough that defendant ruined his son’s young life by involving him in an exceedingly serious crime that could land him in prison for several years. His refusal – unlike Cody – to accept his own responsibility put his son in a position where he had no choice but to testify against his father and go through life saddled with the burden of knowing that he helped put his own father in federal prison,” Cutchin said with some poignancy in his report.
Cutchin continued to use more arguments like these in asking for life sentences on all eight Witness Tampering-related counts….some of it every bit at startling as what’s been outlined here. We do plan on bringing the full text of his arguments to you in the February 9 print version….along with those who will be on the stand in the sentencing hearing this coming Wednesday, Jan. 19.
And of course, we’ll also be bringing you the breaking news of the sentence Raymondo receives this Wednesday, right here on the website….mark your RSS feeds, bookmark the site, and check back frequently, because you won’t want to miss it.
Short URL: http://www.disclosurenewsonline.com/?p=5762
Posted by Angela Howser
on Jan 14 2011. Filed under Gallatin, Illinois.
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Does Disclosure get a reward since they published stories about this, what, 5 years ago? Crimestoppers should kick something in.
I WISH.
I would at least like to have the lost revenue from five years of not being able to sell the paper at the two locations we had in Shawneetown. We sold at least a hundred papers a month at the quick stop. And that was back when they were $1.50 each.
Lemme do some calculations and submit a claim against the seizure….thanks for the idea, D!!
I have either been wrong for many years or laws have changed.I thought that in the amount of 10,000 or more was to be reported to the Feds and not 10,000 or less.
Which is it? This is Count 15 .
If you have $10,000 and try to break it down in smaller increments so as not to draw attention to the fact that you’re moving more than $10k, THAT’S the crime. Also if you move $10k or more without reporting it, that’s a crime, too. So it’s both, actually….just depends on the context.
Top Cat, that confuses me too. A few years back, when we bought the boat, we cashed in some stock to pay for it. We had to do increments of just under &10,000.00 of “deposits” over a period of time into our bank account otherwise, they question how & where you get that kind of cash? We had to take a loss on it of course, but got to write it off over a few years on our taxes. They only allow a 3 year period to claim it on your Federal taxes as a loss. But, you still lose some. It could be different with deposits & withdrawals though, but I don’t think so. Maybe, because of the situation he put himself in, maybe? I dunno
So do you think his sentence will have any effect on Tina’s trial? I would think the amount of jail time they asking for Raymond would make Tina a little more convinced to take a plea.
We think she’ll take a plea no matter what. it’s totally hopeless in her case if the evidence is the same as with Raymond’s. It all is gonna depend on El Prosecutor Grande Wepseic.
If she is going to plea will we not know until her court date of the 24th?
That’s a crap shoot. But it’s a good bet that the 24th would be a good day to do it.
A few years ago I bout several CDs at 9 grand each because I wanted them that way to be dispursed as and when needed,but I wasn’t aware that I wa sbreaking the Law.After I done this someone told me that if I had of bought 10,000 CDs that it would have to be reported.Shucks I wasn’t trying to be crooked .Only trying to manage my money the best way this Ole boy knows how.
A lot of people do that. I think what got them was the context, and the planning while he was under indictment. It’s like they overlook some, but others, no way.
Top Cat, it depends on the kind of CD’s you bought. The same with IRA’s and of course, who you let or trust to take care of your money. ALWAYS do your homework when it comes to YOUR money! ALWAYS!!!! You can buy CD’s at whatever amount, same with IRA’s but let them get to maturity, if possible, otherwise, you lose… you can also start an IRA(Roth) when you file your taxes & put up to a certain amount in it..just forget about it, if possible. Don’t look at it as money you have now, look at it as money for your retirement….hope I got that all right….That’s how we do it…just sayin..
This all was before I knew about IRAs ,Roth IRAs or much of anything at all.To me a Cds was the best place to keep it and make money until I needed it.I did have to catch one in once shortly after I bought it.My CUZ needed 2 grand and I had just got a CD a few days prior to that.But I only had to do that once.
Top Cat, nothing wrong with that, seriously. We live & learn..we try to be very careful & make sure we plan ahead for the bills of the year & anything unforeseen, that may come up. Doesn’t ALWAYS work but….we do our best! That’s all we can do, huh? Sounds like you’re doing good with yours too. It just takes time. And, EVEN that isn’t guaranteed!!
Hey S&S…I’m too pooped to do the McMahon update…just to let you know, so you won’t stay up waiting. I’m going to bed. I might get to it tomorrow. ‘Night!
Angela, I bet you are honey! My daughter had just called & wanted to come by to check on me & I told her I was gonna eat & go to sleep, so I completely understand! I’ve just been turning puter off & on, checking things out. I am sure I will do it when I wake up ALL through the night too..gives me something to do! LOL..besides exercise… :[
I am surprised at those who never plan ahead farther than the next paycheck.I would worry myself into my grave if I didn’t always have some kind of a plan for everything.Like you say S&S it may not always work out but at least you have to try.
Top thanks for the info the irs well be at ur house Monday morning jk.lol but. Top cat why are u telling about how ur hiding money for raymond
Raymond won’t need much money from now on.$50.00 a month will get him by.He will work at the Fed. Prison and make about $.12 per hour.
He didn’t help me pay my bills before so he don’t get any of my money now.
$0.12 x 8 hours(day)= $0.96
$0.96 x 5 days(week)= $4.80
$4.80 x 4 weeks(month)= $19.20
$19.20 x 12(year)= $230.40
$230.00 x 40(life expectancy)= $9,216.00
Maybe he can pay back Gallatin County back some of his salary while he was incarcerated. These figures however do not factor in cost of living raises .
These figures don’t factor in State and Federal Taxes either.And what about SS and maybe a 401 K!
The money thing is a pretty simple concept: whatever you do at the bank, there’s a computerized record of it. Certain things may trigger a closer look at you–$10000 withdrawals/deposits always get looked at, but a bunch of $9999.00 withdrawals look awfully suspicious, no? Most of the time, of course, the transactions–either above or below the 10 grand threshold–are perfectly fine. They get looked at and then the examiners, fed or state or whatever, move on. Nothing to worry about if you’re clearly buying a boat or something like that.
What will happen to his Retirement Plan, Pension and so forth since he & Tina are divorced? Will it go to his son they have together or what? I am sure the County will try to get back some of what they are due & SHOULD, but what about the rest? Does anyone know? I haven’t really done much research into that yet..
Sweet & Sour, you might want to go to the IMRF Illinois Municipal Retirement Fund website and read up on it as he should have been well vested in that plan since it only takes 8 years to be vested. I am not sure but I don’t think that can be taken away from him although the county could sue him, get a judgement to have part of it seized but don’t take my word on that.
Dennis, Thank you for providing that website for me. I appreciate it…
Yoshimi Pujols, Yeah, everything was on the up & up and we had the transaction from our Stockbroker and everything we needed to provide the bank or Govt. if there was any question. Then, of course, tax time, we had to take a loss for cashing some of it in, along with the fact we took a loss originally through our Stockbroker but….it DID save us a LOT more in the end from the interest if we would have gone through the bank. Thank you!
Did I read correctly in the print version that Tina got the life insurance covering Raymond’s daughter and can cash it in? If so, she is a bigger bitch than I thought. First, why would Raymond do that? Secondly, what kind of person would take that away from a girl that has had her ENTIRE life changed forever?!?! These 2 have not and continue to show they do not care one bit about any of their children!!!!! What selfish assholes! Sorry for my rant but I just read the print version and am absolutely livid!
Sweet and Sour, if an IMRF member is convicted of a job-related felony, the member is not eligible for an IMRF pension. The member get only get a refund of the money he/she contributed toward the pension.
Ang-Word is around GCO that Tina is saying there’s no plea in the works. Also, have you read the article in today’s Evansville Courier and Press? If so, what is your take on it?
I haven’t. Let me go look at it and I’ll get back with you…and, I’ll just BET she’s going around saying there’s no plea.
We think a lot of Christenson’s ability to help his clients, and Jennifer is awesome, too….but if they play those same tapes (or god forbid, other ones that maybe we didn’t get to hear at Raymondo’s trial), it’s over. She’s accused of the same thing he’s been convicted of—and facing a life sentence over. I know it’s heavier on the federal level, but damn….
@coltsfan: Okay, I read it. Looks like Wells is trying to take some of our impact away from having broken the story here, and then subverting whatever we were reserving for print version by telling some of the stuff we purposely left out so we can feed and water our growing herd. Len Wells, even when he’s sober, is an idiot on a GOOD day.
But that’s about the size of it. The big news will be A) what Raymondo will actually get and B) how that’s going to impact Tina a week from Monday. Personally, neither one of us believe she’ll go to trial. We’re not even scheduling our week around it.
And I’d lay good money on it that Wells isn’t going to be at EITHER ONE of them. We will. And I do wish he’d stop using that pic that Jack shot last year. He bout froze his nubbins off standing at the back of that sheriff’s van then running up the steps to get those Raymondo perp walk pics.
I guess Tina is still convinced that people will buy her story of being “duped”. As I have said before she is dumb but not that dumb!
Can’t wait to read your coverage of Raymond’s upcoming court date. Also, can’t wait to see what you guys find out about Tina’s case! It is going to be a pretty eventful 2 weeks I think. I am wondering if she will still be saying in public that she is not taking a plea once she sees Raymond’s sentence!
We’re still scratching our heads over her total absence at his trial. The mind boggles.
She definitely had her “people” there. I am sure they were reporting to her directly.:)
@Top Cat -some of us don’t have the luxury of putting back more than about $20 per paycheck
Living from one check to the next stinks and having to use credit cards for emergencies REALLY stinks, but it is what it is.
Southernil girl if you are putting back 20 bucks per check is really something and useing the Credit cards for emergenices is super.You are far ahead of many.Keep going this good and someday you’ll be sitting preety.
Do you realize how many people live on plastic?They are happy to be able to pay the Credit Card bill; each month and keep buying.
What time does the sentencing start? Will it last only the one day?
Starts at 8:30 (meaning we have to get up at FOUR A.M. }:/ …) and as far as we know it only lasts one day….God forbid it doesn’t, the kid has an ortho appointment at 4.
Ang, I was not aware that any new information would/could come out during the sentencing. But, I guess it is to give examples of his true character and explain why the life sentencings would be appropriate. It does make sense. Also, I am baffled about anything that Tina has done in this past year. I am sure she did not go to his trial because the guilt on HER face when the tapes were being played would have been too much for her. Also, don’t you think Paul advised her not to? Just like I am sure Paul advised her to get a divorce. I also read the print version and I agree it was pretty much a “financial agreement” and money was, once again, all that was really important. It amazes me how much people can really change. When Tina lived in the big house with the “perfect family”, it was very easy for her to judge others. Now that she is “living it up”, she has forgotten those morals and instead is keeping lots of male company, spending a lot of time in the certain businesses in Old Town and New Haven, and has forgotten her own financial obligations.
alas, the $20 per paycheck went to the vet bills when someone shot my dog (who died anyway, but I still owe a few hundred) and when the engine in my vehicle blew…. c’est la vie… .
Tina is probably living it up while she still can. Her romantic options will be few behind bars.
@goneforgood, I never worked in a female correctional facility, only Menard (called the Gladiator school then) back in the mid-70s but unless things have changed, the men will have many options for romantic activities, albeit not all will be welcomed. For some reason, they could find many little “secret hideaways” where 4 or 5 inmates would take a new little young inmate “to the prom” before we could find out what was taking place. Usually the first we would know about it was when the young inmate was in the infirmary getting his rump treated.
So are you saying Raymond is going to be going to the prom??:) I hear Tinas been messin with anything with 2 legs.
At least you had that money put away Southernilgirl.What would have you done if you weren’t wise enough to put the twenties up?
Was any of those in the sweep related to Raymonds Cartel?
Jack & Ang-Still waiting to hear news about the ex Mrs. Martin. I am starting to get a feeling that something is going on and we haven’t heard yet. Can you enlighten us a little?
The best we can tell you is to watch judici. There is nothing going on right now with it. We still haven’t heard back from Jackson Co. We’re in SoCos today though, and will ask around, just in case some of our sources are in the know down there.
Dennis, I’m guessing the reason men at Menard had many options for romantic activities was not enough guards or no one in authority cared enough to stop it.
Common Sense, you have heard the old saying “Where there is a will, there is a way”? When you have a facility as big as Menard, there are dozens of “blind spots” where you simply cannot station a guard 24/7. I suppose one could blame a shortage of staff but unless you had two guards for every inmate, you cannot keep an eye on all of them all of the time.
As broke as Illinois is, they won’t be upping the staff much any time soon, in fact, I would say most prisons are understaffed now.
Coltsfan, Raymond will be going to a federal joint, I don’t think they are as prone to violence and rape as state prisons are, I may be wrong but federal prisons always seemed to have more white collar type criminals.
@ang;tina and raymond getting a divorce was her att. ideal so she could claim have of what the govrt. took it is a dirty underhanded thing but thats the martins she is laying claim to half the house contence and everything else she can.through the divorce she can try to make her self look as innocent as a kitten. and she will down dress for court and cry and claim she had nuthing to do with raymonds doings and the tapes was fragmented together to make her look and sound part of it.hereing gossip around the bars she has been to she really thinks she will get off or at worse probation but she will have half of the taken assets through the divorce cause raymond told by those close to him let her have it all.tina is playing the court and the public with this sweet ennecent act and i hate to say it some will by it.then the reall tina will set away from everyone and call us all idiots and laugh how she thinks she played the judge and jury like she has played everyone in her life.im from gc and got out and made something of myself and the county has alot of cleaning out to do but they have a great sherriff to do the job he will make sure the ppl of gc can trust the law again.