The double capital murder trial for the man accused of slaying two men and injuring three others during an April 2000 rampage at a Sandy restaurant has been delayed again, much to the dismay of the victims' family members.
On Wednesday, a three-week jury trial that was scheduled to begin May 27 was postponed until late October at the defense attorney's request.
Loydene Berg, whose husband, Peter, was killed during the shooting spree, pleaded with 3rd District Judge Robin Reese to consider her family's feelings.
"I want to make it clear that further delay, for whatever reason, only causes further harm for our family," she said.
Prosecutors say Quinn Robert Martinez shot Peter Berg, 43, as he sat in his vehicle in the parking lot of the Chevys Fresh Mex restaurant, 7475 S. Union Park Ave. The failed carjacking came after Martinez, now 23, allegedly shot an acquaintance at a nearby motel and shot and killed 33-year-old Jason Rasmussen inside the restaurant.
The Berg family was leaving Chevys after celebrating their son's birthday. Peter Berg's 12-year-old daughter, Whitney, witnessed her father's murder.
"My children and I left the restaurant that night without a husband and a father," Loydene Berg said. "I'm the single remaining parent of two children who are victims and witnesses to this horrific crime."
The case was originally scheduled for trial in October 2001, but the withdrawal of Martinez's court-appointed attorneys after more than a year on the case resulted in the first postponement.
Defense attorney Stephen McCaughey — who was appointed to represent Martinez in October — said his mitigation expert still needs to interview 50 more people and review more records to be ready for trial.
As important as it is to preserve Martinez's rights, Loydene Berg said the court has an equally important duty to honor the rights of the victims and witnesses in the case.
"If you were to ask me today whether I think our rights have been as vigorously honored and protected as the defendant's, I would have to say no," Loydene Berg said.
"I seriously wonder and ask the question how much preparation time is enough and at what cost to the victims?" Citing a need for a fair trial, as well as a procedurally sound one that will withstand any future appeals, Reese granted McCaughey's request.
"It is also my responsibility to make sure that when the case is resolved . . . that that resolution is final," Reese said. Deputy District Attorney Robert Stott acknowledged the need to avoid any material issues on which the defense team could appeal. However, he said, it's also time to move forward.
"This case has gone on an awful long time and there are a lot of people that are concerned about that and whose lives are affected every time it is delayed," Stott said.
Martinez has pleaded not guilty to the two capital homicide and six first-degree felony charges associated with the April 27, 2000, shooting.
E-mail: awelling@desnews.com