A 12-person jury was selected Monday in the trial of a Ridgefield woman accused of shooting her husband in 2007 after finding out he’d been having an affair.
Sheryl J. Martin, 54, will stand trial on a charge of first-degree attempted murder for allegedly shooting Eddie Martin in the leg and arm on Sept. 8, 2007.
The trial in Clark County Superior Court Judge Barbara Johnson’s courtroom is expected to last two weeks. Opening arguments are expected this morning.
It’s uncertain what Martin’s attorney, David McDonald, will present as a defense because the judge this summer struck down his request to use a rare defense called the “betrayal trauma theory.”
The theory contends Martin couldn’t form the intent to kill her husband because she was emotionally distraught when he told her he’d been unfaithful and wanted to end their 30-year marriage. The theory, which Johnson decided was too unknown to be reliable, has never been used as a defense in a trial in the United States, said Senior Deputy Prosecutor John Fairgrieve.
The judge’s decision, however, seems to leave open the chance for McDonald to still present a diminished capacity defense, or the inability to form intent, using another more conventional angle, Fairgrieve has said.
While psychologists diagnosed Martin with depression and a personality disorder, they did not connect those diagnoses to the case. The judge said Martin’s psychologists could still testify at trial if they showed those diagnoses prevented Martin from forming intent, while leaving out any mention of “betrayal trauma.”
Martin was arrested the night of the shooting after she called 911 to report that she’d shot her husband. She has been out of custody on $100,000 bail.
According to court documents, her husband had gone to sleep in a camper outside of the couple’s Ridgefield home after telling his wife about the affair. Martin allegedly went to the camper and used a double-barreled shotgun to shoot him four times, taking a break to reload.
First-degree attempted murder carries a minimum sentence of 15 years in prison.
Fourteen people were selected for the jury, including two alternates.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
