Canada -
News Sections
Mexican judge finds Brenda Martin guilty
CTV News Video
Watch: See all Videos in the Player
Font-size:
Share
Print
Comments(111)
CTV.ca News Staff
Date: Tue. Apr. 22 2008 10:28 PM ET
A Mexican judge has found Brenda Martin guilty of Internet fraud and sentenced her to five years in prison, but the Canadian government is seeking to bring her home "as soon as possible."
Sources told CTV News the Prime Minister's Office is directly involved in the prisoner transfer process, with Prime Minister Stephen Harper personally ensuring it's carried out swiftly over the next few weeks.
Martin, who has been under a suicide watch, collapsed after hearing the verdict.
"This is awful. It's probably going to kill her," Martin's mother, Marjorie Bletcher, told CTV News from her home in Trenton, Ont.
"I just have to pray that she's going to be okay, because I mean, this has got to be devastating for her, to know that you're innocent and to get this verdict. I mean, this is crazy.
"I guess we didn't pay -- so Mexico's going to make her pay."
Bletcher said her daughter is in such a fragile state that she's afraid Tuesday's verdict will "take her over the edge."
Along with the five-year prison sentence, Martin was fined 35,800 pesos, equivalent to about C$3,680.
Public Safety Minister Stockwell Day said the Canadian government is ready to take Martin back to Canada after a prisoner transfer agreement comes into effect.
"The prime minister has made it very clear he wants everything done possible to get Brenda Martin home," he told CTV's Mike Duffy Live from New Orleans.
"We're ready to move very quickly on this prisoner transfer and to get her home as soon as possible."
Martin has been held in custody since February 2006 and had to remain in jail while the legal process played out. The Mexican justice system places the onus on the accused to prove his or her innocence -- rather than on the prosecution to prove the guilt of the accused.
Martin has been convicted of knowingly accepting illicit funds from an Internet fraud scheme operated by Alyn Waage. Martin had been Waage's chef until she was fired.
Waage, in prison in the U.S., had issued an affidavit in support of Martin, who has long professed her innocence.
Martin's lawyer told CTV Newsnet that he still has to read the judge's ruling before he can fully determine what led to the guilty verdict.
"According to the Mexican system, the judge only reads the final points of his resolution. He made a huge documented argument, which I am going to read when we get a copy of that," Guillermo Cruz said in a phone interview from Mexico.
Cruz also told Newsnet that "I am her lawyer, I have not found any evidence (of her guilt)."
Martin may return home within weeks
Despite the verdict, Martin could still return to Canada within the next few weeks, because of a special extradition agreement between Canada and Mexico.
The two countries have reached a deal that would bypass the standard extradition document, which would require six to nine months before transferring a prisoner.
She would also likely be freed from prison after her first parole hearing, because Canadians officials would credit her for the two years she has already served in Mexico.
"In Canada, you can get double credit for time served, so that would mean she has already served four years and four months if she gets the double-time clause," reported CTV's Lisa LaFlamme from Guadalajara.
She also said Martin signed the prisoner transfer document Tuesday, but must remain inside the prison for five business days -- the mandatory time for an appeal -- before the document takes effect.
Prime Minister Stephen Harper, who is currently in New Orleans for a tri-lateral summit with U.S. President George Bush and Mexican President Felipe Calderon, raised her case with his Mexican counterpart Monday.
Calderon said while he felt sympathetic towards Martin he couldn't intervene in his country's justice system.
Immigration lawyer Richard Kurland said Martin's legal team should take full advantage of the summit to press her case.
"If ever there was a beautiful time to have a public press conference with the treaty transfer papers ready to be delivered, this is it," he told CTV Newsnet.
User Tools
Related Stories
W-FIVE
Mexican Standoff
The W-FIVE documentary that aired in February, bringing news of the case to Canadians.
CTV Broadband Network
Mike Duffy Live
Exclusive reaction to Brenda Martin’s guilty verdict from politicians, legal experts, friends and family.
User Tools
About the tools
Need to get in touch with CTV? You can email the CTV web team using the 'Feedback' button.
-


Font-size
Print Article
Comments(111)-
Feedback
Share it with your network of friends
Share this CTV article or feature with your friends. Click on the icon for your favourite social networking or messaging system, and follow the prompts.
Most Viewed News Stories
Most Talked about Stories
I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Appalled
said
Lisa
said
It does not make any sense. How does a cook become liable for her boss' misdeeds??
For pete's sake if she was in on the scam then why would she invest her own money in it??
JD
said
Dana
said
Mark G.
said
Lori
said
red leaf
said
Maggie Brown
said
We are not getting all the facts or information on this case. Brenda Martin made the decision to live in Mexico, then she has to live with the consequences or outcomes of the situation.
This is NOT our judicial system, so why judge? Let's look at our own system and fix it first!
Mike
said
She received a pretty large severance, for only a couple years' work, then reinvested it in the same company that fired her? Something's not right about that.
It also seems that her defense relies heavily on an affadavit sworn by her previous employer, that she was not involved. The same previous employer that is in prison for fraud.
It's not my place to judge her...but the point is, given the evidence we DO have, there are some things that don't appear to make sense about her case.
At the very least, let's hope that she can serve her sentence in Canada.
disclosed
said
sash
said
what else can the judge look at, that you were willing to break this law but you did not break that one.. it speaks to her character and in this case it ending up biting her in the end..
Steve from the WEST...
said
pescator
said
Gord
said
David #1
said
Personally I feel she should serve her time in the Mexican prison. She apparently has been have a nice time of it there-participating in "beauty" contests etc.
Jack M.
said
RRor
said
Maybe she got a raw deal, maybe not. She'll just have to bide her time and wait for the wheels to turn, however slowly.
sympathetic but satisfied
said
Here's a thought: if foreign justice is a concept that you can't handle then don't leave Canada.
George
said
Roch
said
Zhimmy
said
5 years...I bet she gets transferred back to Canada where she does 6 months. Her time served will count as 2 times plus she is entitled to probation after 2/3s of her term. She'll be home for Christmas if she does anytime in Canada at all!
jackie moore
said
The police and justice system, it appears, are corrupt.
I'll spend my hard-earned dollars in the many other wonderful locations around the world.
Jackie
Navvy
said
Brian S
said
Diana
said
Could someone explain what evidence he did have?
Of course I hope she is transferred back here as quickly as possible.
Sagitelle
said
Suzette Elder
said
A Proud New Brunswicker
said
Hang in there Brenda, maybe you will be home for Mothers Day.
Kevin in Van
said
The fact that Miss Martin is hiding behind the defense of being employed as a cook is a load of you know what. It's a cover for being the girlfriend and accomplice of a crook designed to shield them from prosecution.
How many people serving time in Canadian prisons are innocent....90% of them if you take their word for it. I wonder who she knows in the media?
JDP
said
Ever wonder why people the world over hate westerners?
Is Brenda Martin a 'victim?' Not in my books. She can lose weight and cry all she wants, there is something very, very fishy about her story. If anything, she was willfully blind to the suspect nature of her financial dealings with her former employer. I live in a first-world country and would never expect $25,000 paid to me as severance for being a cook. But that's kosher in Mexico? Then to re-invest that severance pay into that employer who let you go? If it looks like a duck and quacks like a duck...
Vince M.
said
Al
said
We don't allow Canadian politicians to intefere with our judicial system.
Why should we expect Mexico's President to overide their judicial system?
Peter
said
Charles
said
Mexico has a long history of criminal police and I personally have a list as long as my arm of Canadians who have attacked robbed and killed. Don't go to Mexico and for Gods sake find some compassion in your heart for someone who has been in jail 2 years without a trial.
Some of you are too quick to judge.
Mel
said
MIK
said
John
said
Don Fierro, Sr.
said
Milgard; Marshall; Morin; etc.?
All Canadians charged, tried, found guilty, done time in the can only because of a rotten, stinking very Canadian corrupt justice system: East Coast; Out West; Ontario...need I say more?
How can we be so self-righteous and decry Mexico while we have a system just as crooked right here in our own backyard.
Cam
said
Dave
said
Scott
said
Jerry G Hart
said
Linda Clark
said
BOYCOTT MEXICO!!!
said
Is it not apparent that Canadians have been targeted in this country for the last several years through beatings, murder and now unlawful incarcaration?
Tourism is their number 1 industry folks. Stop going there. Go to Cuba or some other island instead. This is not right. I've been to Mexico 3 times, and I will never head back until this changes. It's only getting worse, not better.
Gary -London
said
King of Kensington
said
Our government doesn't have to protect us in other countries. We visit those places at our own risk. What is our government supposed to do? Launch an attack on Mexico?
Buyer beware when you go to other countries. Canada is paradise--don't forget that.
King of Kensington
said
Neil
said
Go visit any Canadian jail and you'll find plenty of sad stories of people who have made mistakes; some of them are even from other countries!!!
Wendy
said
Anne M
said
M. Cameron
said
don
said
JD in Alberta
said
M.K.
said
She said if we slipped them a couple of dollars, we'd be out of there in no time........and we were!!! That was 18 yrs. ago.....
Joe
said
John
said
Mexican judges are as capable as Canadian judges. It’s easy to think someone is a victim when that person looks so fragile and cries in front of the cameras, and of course, when the media creates a biased story without giving all the facts.
A. Bica
said
Lastly for those who complain about her costing the taxpayer, she'll receive credit for time served when she's transferred here which amounts to over 4 years of her 5 year sentence and it's likely she'll be released very quickly thereafter so it wouldn't be costing taxpayers much if anything.
Eleanor
said
gets this poor woman home quickly
I would never vacation down there!!
@redleaf have a little heart, perhaps the poor woman needed to do something to keep her sanity. If something so trivial gave her a few moments of happiness and escape well I say there is nothing wrong with that!
Steve
said
We are no better than Mexico,so expect no more from our system. We just earn more so we think we are better. Get a grip.
Gerard
said
I don't understand your statements;
"We as a democracy cannot rely on such systems as Mexico to confidently carry out a fair and democratic trail." I hope you meant trial not trail, but in any case trials are not democratic either here or in Mexico - they are proceedings governed by the laws of the country in question. Which Mexican laws were not complied with in the judicial process in this case. I haven't heard of any and I'm not sure that you have either. They have their rules and we have ours - it just happens that theirs are patterned on the Napoleonic code and they don't have a British system of jurisprudence.
"I am disappointed in the Canadian government for not taking any further actions knowing that they can, but publicly say they cannot." What actions are you asking that they take? Would you see it as reasonable if representatives of the Mexican government interfered in the trial of a Mexican national accused of a crime in Canada and demanded that we use their rules in dealing with the accused? We'd be insulted and shocked and rightly so as a sovereign nation.
"Brenda is not the first Canadian to have unfair legal trails in Mexico. As Canadians, our government has the responsibility to protect us no matter where we are in the world. I thought that would be a luxury that Canadians have."
If our government had a responsibility to protect us no matter where we were you wouldn't call it a "luxury", it would be a right. Once you leave Canadian jurisdiction you expose yourself to the institutions of the land you are visiting. Some have systems like ours and others do not. We all have to pay for our choices and decisions. Sometimes the price is high.
Mario
said
I agree with the fact we don't know the whole story, but my senses tells me that if you know yourself that you were involved in a potential illegal activity and you get caught you sure won't be reacting like Brenda who is depressed and close to suicide.
I wish courage to her family and hope she will at least be able to server the time here in Canada.
Deborah
said
I feel so sorry for her. I hope she returns home soon and they just let her go. What a shame.
dale worsfold
said
i have been to mexico and had no mishaps. my two neices have been to mexico and had no mishaps.
we have how many thousand people visit mexico each year with no mishaps.
brenda martin may or may not have been guilty, but she is not in canada, and she can't say that she was not warned. that is the bottom line for me.
Kevin Flack
said
The mexican judge ought to be ashamed, and I will definitely not be visiting Mexico either.
This is ridiuclous. Shame on Mexico.
m chiu
said
Just Desserts
said
Brenda Martin at best made a poor decision that she will not repeat. At worst, she knowingly committed a crime and now expects special treatment because she's from somewhere else. She was even a long term resident!
Fog of Life
said
Rick
said
I'm all for boycotting Mexico.
Shame that it will only have limited effect.
Hopefully the smart ones will pick another country to visit, and the few visitors Mexico will lose, will make their government tourist industry feel the effect their policies have visitors.
KLS
said
After reading the above, anyone who thinks Mexico's justice system is a joke ought to be thinking about our own. Mexican jails may be hard to get out of, but at least they're not doing everything they can to let criminals out and back onto the streets double time either.
And what's with all the drama. If Brenda Martin is probably going to be released back to Canada in a few weeks' time anyhow, why is her mother claiming this is going to kill her?
Heathrow
said
DP
said
Mexico obviously has problems but guess what? Canada has problems too.
There has been so much bad publicity about Mexico thanks to "perfect & innocent Canadians" who go to Mexico thinking that just because it is a third world country they can commit a crime without getting in trouble. It is so unfair when people blame or discriminate a country when they don't even know what happened.
Pedro Fernandez
said
Jennifer
said
rob in calgary
said
Jennifer
said
Winnipeg Man
said
Oh, and to those many claiming to boycott Mexican vacations, I don't believe it for a second. You will go where it is cheap.
Jenny
said
Julie M.
said
I'll say it again, Canadians are just plain stupid if they vacation in Mexico. Most go to have a good drunk and don't remember what happened or "wake up dead". There are two Canadian women who went to Mexico for a wedding and are still fighting to prove their innocence even though the hotel got rid of all of the evidence even before the bodies got cold.
It will be a cold day in hell before I or any of my family visit Mexico for a vacation.
Stay in Canada to vacation - it is a lot safer for Canadians than Mexico!!!
Ted from Kelowna
said
Were the Canadian Media duped by this woman. It seems apparently so. She has been found guilty and sentenced.
Lets at least bring her home so she can serve her sentence in an humane atmosphere. Lets face it; Canadian prisons are like hotels compared to Mexican prisons.
I feel for her BUT just can't help thinking she new what was going on and was a part of it.
Does she get credit for time spent?
You bet she should!!!!!
Greg
said
There is only one way we can reply to this sort of treatment of our own citizens, this case along with the Ianiero's in '06 and Mr. Toews to name a few recent cases. We must stop supporting them.
I don't understand that how we as Canadians cannot see how unjust and how corrupt the justice system is. If we are going to make any kind of impact unfortunately it has to come through finances. I suggest we start by not supporting their tourism industry......(their fourth largest sector).
This removes us from having to "experience" the "in-justice" system as well as helping to send a message to the government that we as a free society do not condone their system.
I will not be traveling there until I see some positive changes taking place.
David fm NS
said
Lorne
said
There are a lot of facts that we do not know about, but I'm sure that Ms. Martin was aware of what she was doing, when she made the so-called investment.
You abide by the law of the country that you are in.
Those people who feel that Ms. Martin should be freed, should pay the costs to prove her innocence and don't take any further trips to Mexico.
Frank39
said
Fred
said
This woman in my mind is as guilty as the day is long. For anyone with any kind of background on behaviour analysis can attest, this woman's body language and eye movement displays all the attributes of a "Guilty Person."
My only wish, is that she not get sent back to Canada to serve her time. We all know how that will play out in "Club's Fed"
I do feel for her mother at home, however, it is only natural that one would protect their own.
Nancy
said
It was wrong of the Mexican authorities to hold her for 2 years without a trial, but I am not sure the "guilty" verdict is wrong.
I must say I did not appreciate her attitude of entitlement towards the Canadian Government helping her (or not) with OUR tax dollars. She was living in another country after all and making no contributions in Canada.
Kenneth Irons
said
We also have quite a number of Honorary Consuls in various parts of Mexico, who are there to help if you are in trouble. It is extremely difficult to contact them if you are already under arrest in Mexico, as you may not be allowed a phone call even if you did know the number - I have wintered in Mexico for many years and have personal experience of this.
The wise thing to do, if you intend staying for any length of time, is to immediately register with the nearest Canadian Consul, and also get his or her own address, phone no., etc., immediately on arrival.
I have much sympathy for Ms. Martin, but I do feel she must have broken the laws of that country and was caught.
Betty N
said
Bob
said
I would not feel safe travelling in Mexico. I could end up imprisoned on any drummed-up charge.
Sean
said
I love Mexico; always have, always will. Mexicans are far more genuine than Canadians.
Ash
said
Trixee
said
Vince M.
said
I can imagine we shall have advocates telling us how unjust the Canadian legal system is for keeping her locked up.
Thank God for Canada
said
Those Canadians who do not appreciate what we have here are not correct!
LKM
said
Canada doesnt tell Mexico how to run it's justice system.
Terry
said
Viva Mexico!
said
They didnt do anything wrong, they simply administered their nations justice system, sorry but there's nothing wrong with that.
I'm hoping to hit the Mayan Riviera in a few months!
Shamaro
said
LOVE MEXICO!!!
said
Frank
said
I cant beleive how many people support this criminal.
Do the crime,do the time.Its that simple.
Kay
said
Sam
said
kw
said
David A. Byrne
said
ed
said
Dan
said
Dr. Mirco Walther
said
Allan Eizinas
said
This individual was found guilty of a crime by a democratic government, while on the soil of a democratic government and by the state laws of a democratic government.
What happened to allowing another democratic state to deal with another Canadian citizen (Omar Khadr) who has been held for 6 years without a trial?
Is this an example of “justice by media”?
Naomi
said
I don't think things have progressed very far since my husband was a little boy and he and his parents tried to go through the border. His parents had to PAY the customs people there just so they could cross.
JP
said
So she had two judicial processes and not one as most people think. Still… more than two years seems like a lot of time… and indeed it is. My guess is that the whole thing could have been faster if the whole case was dealt in Mexico’s official language… but it was not. Most documents that were part of the trial needed to be translated from/to English to/from Spanish. And in many cases, Ms. Martin Lawyers further delayed the process by not providing translations when required.
I’ve been following this case since the very beginning, and I don’t know if she is guilty or innocent. I only know that today she was found guilty in a Court of Law.
KPJ
said
Tabby
said
But Brenda didnt do a thing, even her boss says she didnt.
Now the next time a Canadian gets arrestedin another country, will we have to save them from prison.
How far will we go and how much money will we pay.
are we just bleeding hearts.