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Rape suspect in court
By Blake Spurney Editor
Phillip S. Martin II threatened his teenage rape victims by telling them he visited a crematorium twice a week and knew how to get rid of a body, according to testimony heard in court last week.
Two of the three girls were raped in the visitation room at Hunter Funeral Home, Rabun County Sheriff's Investigator Meg Krockun testified at Martin's probable cause hearing Friday in Rabun County Magistrate Court.
Magistrate Frank Sutton found that enough evidence existed to hold Martin on the three counts of rape, but he also cautioned Assistant District Attorney Tricia Leeman that a lot of work remained before the case would be ready for trial.
Meanwhile, a fourth female came forward Friday to report what Chief Investigator Cary Thomas termed as "inappropriate language" toward her from Martin. No official interview has been conducted in relation to the allegation.
Martin, 27, of Clayton, was released from jail Friday on $100,000 bond, which was posted by his father. His bond conditions include avoiding contact with the three witnesses, all of whom are Rabun County High School students. He is subject to electronic monitoring, for which he must pay, and a 7 p.m. curfew.
Martin gained access to the girls by volunteering with the RCHS band, Leeman said at a Feb. 28 bond hearing before Chief Superior Court Judge Ernest "Bucky" Woods.
Leeman also said Martin's experience at the funeral home gave him access to formaldehyde, which he used to threaten two girls.
According to court records, investigators searched Martin's 73 Tuxaway Lane residence Feb. 21 and found a bottle of formaldehyde where the girls said it would be.
"He has shown both females how formaldehyde works by pouring this chemical into a measuring cup and adding a raw egg to it," wrote Krockun in her affidavit for a search warrant.
"These young women are in grave fear for their lives," Leeman said. She added that they were threatened with injury and death if they reported the rapes or spoke out against Martin.
One of the girls returned from a school outing early Oct. 7 and found that the right front tire on her car had been cut and shaving cream covered the vehicle. The investigation into the rapes initially had begun in early February after the father of one girl reported that she had been subject to threats.
Thomas said cell phone text messages from Martin to the girl had been taken into evidence.
Martin's lawyer, Bruce Russell, however, told Woods that he refuted everything Leeman said. "He's ready to testify. He's a good boy. He's always been prompt."
Martin works for his father, and has nowhere to run, Russell said. Ensuring his client's appearance in court was the only issue relevant at a bond hearing, and Woods issued his bond order Friday morning.
Martin nodded, winked and smiled at his parents when he was led into the courtroom about 11 a.m. Feb. 28. Family members filled up nearly five rows of seats in a show of support.
Russell said one young woman lived with Martin and his wife for several months last summer. "They basically had to run her off. That's how scared she was," he said.
No allegations of rape were made during that time span and the girl had a car and plenty of opportunities to leave him, Russell said. "Instead she hounded this man," he said.
According to Russell, phone records will show she made more than 30 calls to Martin within seven days.
"The alleged victims are in no danger whatsoever," he added.
Krockun's testimony Friday at the probable cause hearing revealed particular details relating to each girl. The three warrants that were taken out Feb. 15 listed Martin's residence as the location of each rape. The alleged offenses occurred between May 1-Dec. 31.
The teenager whose father reported the threats gave investigators the name of the second girl, who in turn named a third girl. Krockun said the first girl's handwritten statement was used to obtain one rape warrant. Krockun didn't interview the girl, but referred to the statement while answering Russell's questions on cross-examination.
According to Krockun, the first girl indicated Martin raped her three times. The first one occurred in the apartment above the funeral home about the time she went there for a visitation for a family member. The second rape allegedly occurred on a day Martin's wife, Heather, went to the Camp Pinnacle lake with the couple's children to feed the ducks.
Martin, who sat next to his pregnant wife and held her hand during the hearing, whispered to her at this point.
The girl wrote that Martin put his weight on her - he weighs 285 pounds according to jail records - and she couldn't get out from under him as Martin raped her on the bed he shares with his wife, according to Krockun. Afterward, "he took a bottle of formaldehyde and asked me if I knew what it does. ... He told me I'd find out if I wasn't careful."
Krockun said the third sexual assault took place in the visitation room at the funeral home. "He slapped me and told me to 'Hush,'" she read from the girl's statement. "He threw me to the ground, and my head hit a table."
The second girl also reported being raped multiple times, though Krockun said she'd "have to review the tape to get the exact amount. Russell grilled Krockun over the lack of specifics, including her not recalling whether the alleged offenses occurred during daytime or nighttime. According to Krockun, the locations of the assaults were the funeral home's visitation room, the upstairs apartment and Martin's residence. Martin rolled his eyes when she listed the locations.
Krockun said the girl provided details and showed no signs of deception. During her second interview with the girl, Krockun said she learned of a third victim.
Krockun said that girl had ridden with the second girl over to Martin's residence on the last day of school, May 26, 2006. The girls had gone to get pizza over lunch break, and the second girl drove to Martin's residence to return a bank card. Martin sent the second girl to her car to get some papers and then raped the third girl on his bed, Krockun testified.
"She did put up a struggle, and he put his hand over her mouth during the struggle," she said.
Leeman asked Krockun if any significant facts linked the girls to Martin. Krockun said the girls were friends, and two had gone to Martin's house for band instruction. How two of the girls learned of Martin's so-called expertise in band was not revealed.
Russell acknowledged that the state presented sufficient evidence to meet "the very light burden of probable cause."
"These charges are highly suspect," he added.
Two of the three girls were raped in the visitation room at Hunter Funeral Home, Rabun County Sheriff's Investigator Meg Krockun testified at Martin's probable cause hearing Friday in Rabun County Magistrate Court.
Magistrate Frank Sutton found that enough evidence existed to hold Martin on the three counts of rape, but he also cautioned Assistant District Attorney Tricia Leeman that a lot of work remained before the case would be ready for trial.
Meanwhile, a fourth female came forward Friday to report what Chief Investigator Cary Thomas termed as "inappropriate language" toward her from Martin. No official interview has been conducted in relation to the allegation.
Martin, 27, of Clayton, was released from jail Friday on $100,000 bond, which was posted by his father. His bond conditions include avoiding contact with the three witnesses, all of whom are Rabun County High School students. He is subject to electronic monitoring, for which he must pay, and a 7 p.m. curfew.
Martin gained access to the girls by volunteering with the RCHS band, Leeman said at a Feb. 28 bond hearing before Chief Superior Court Judge Ernest "Bucky" Woods.
Leeman also said Martin's experience at the funeral home gave him access to formaldehyde, which he used to threaten two girls.
According to court records, investigators searched Martin's 73 Tuxaway Lane residence Feb. 21 and found a bottle of formaldehyde where the girls said it would be.
"He has shown both females how formaldehyde works by pouring this chemical into a measuring cup and adding a raw egg to it," wrote Krockun in her affidavit for a search warrant.
"These young women are in grave fear for their lives," Leeman said. She added that they were threatened with injury and death if they reported the rapes or spoke out against Martin.
One of the girls returned from a school outing early Oct. 7 and found that the right front tire on her car had been cut and shaving cream covered the vehicle. The investigation into the rapes initially had begun in early February after the father of one girl reported that she had been subject to threats.
Thomas said cell phone text messages from Martin to the girl had been taken into evidence.
Martin's lawyer, Bruce Russell, however, told Woods that he refuted everything Leeman said. "He's ready to testify. He's a good boy. He's always been prompt."
Martin works for his father, and has nowhere to run, Russell said. Ensuring his client's appearance in court was the only issue relevant at a bond hearing, and Woods issued his bond order Friday morning.
Martin nodded, winked and smiled at his parents when he was led into the courtroom about 11 a.m. Feb. 28. Family members filled up nearly five rows of seats in a show of support.
Russell said one young woman lived with Martin and his wife for several months last summer. "They basically had to run her off. That's how scared she was," he said.
No allegations of rape were made during that time span and the girl had a car and plenty of opportunities to leave him, Russell said. "Instead she hounded this man," he said.
According to Russell, phone records will show she made more than 30 calls to Martin within seven days.
"The alleged victims are in no danger whatsoever," he added.
Krockun's testimony Friday at the probable cause hearing revealed particular details relating to each girl. The three warrants that were taken out Feb. 15 listed Martin's residence as the location of each rape. The alleged offenses occurred between May 1-Dec. 31.
The teenager whose father reported the threats gave investigators the name of the second girl, who in turn named a third girl. Krockun said the first girl's handwritten statement was used to obtain one rape warrant. Krockun didn't interview the girl, but referred to the statement while answering Russell's questions on cross-examination.
According to Krockun, the first girl indicated Martin raped her three times. The first one occurred in the apartment above the funeral home about the time she went there for a visitation for a family member. The second rape allegedly occurred on a day Martin's wife, Heather, went to the Camp Pinnacle lake with the couple's children to feed the ducks.
Martin, who sat next to his pregnant wife and held her hand during the hearing, whispered to her at this point.
The girl wrote that Martin put his weight on her - he weighs 285 pounds according to jail records - and she couldn't get out from under him as Martin raped her on the bed he shares with his wife, according to Krockun. Afterward, "he took a bottle of formaldehyde and asked me if I knew what it does. ... He told me I'd find out if I wasn't careful."
Krockun said the third sexual assault took place in the visitation room at the funeral home. "He slapped me and told me to 'Hush,'" she read from the girl's statement. "He threw me to the ground, and my head hit a table."
The second girl also reported being raped multiple times, though Krockun said she'd "have to review the tape to get the exact amount. Russell grilled Krockun over the lack of specifics, including her not recalling whether the alleged offenses occurred during daytime or nighttime. According to Krockun, the locations of the assaults were the funeral home's visitation room, the upstairs apartment and Martin's residence. Martin rolled his eyes when she listed the locations.
Krockun said the girl provided details and showed no signs of deception. During her second interview with the girl, Krockun said she learned of a third victim.
Krockun said that girl had ridden with the second girl over to Martin's residence on the last day of school, May 26, 2006. The girls had gone to get pizza over lunch break, and the second girl drove to Martin's residence to return a bank card. Martin sent the second girl to her car to get some papers and then raped the third girl on his bed, Krockun testified.
"She did put up a struggle, and he put his hand over her mouth during the struggle," she said.
Leeman asked Krockun if any significant facts linked the girls to Martin. Krockun said the girls were friends, and two had gone to Martin's house for band instruction. How two of the girls learned of Martin's so-called expertise in band was not revealed.
Russell acknowledged that the state presented sufficient evidence to meet "the very light burden of probable cause."
"These charges are highly suspect," he added.
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