New Trial Possible for Cousins Facing Drug Charges

By Brian Cole

Published on November 01, 2006

The Supreme Court refused to hear arguments in the case, effectively agreeing with the appellate court that the identity of a confidential informant should have been revealed.

The two defendants, Juvenal and Froilan Martinez, have been in prison since they were found guilty of arranging the purchase of one kilogram of cocaine in November 2003. They are represented by attorney Kathleen Colton.

The appellate court found that because the identity of the confidential informant, referred to as “Juan" in court documents, was crucial to the cousins’ entrapment defense, Colton should have been able to question him.

Court documents said the cousins were approached by Juan – whom they did not know – and were asked to help him sell some cocaine. During their testimony, the cousins said they had never sold drugs, but that Juan insisted they should meet his supplier.

His supplier was an undercover Aurora police officer who continued to contact the cousins, asking them to sell drugs. They eventually arranged for the purchase to be made. They later testified they were afraid they would be harmed if they did not comply.

Colton said if the informant cannot be questioned, she will ask for the case to be dismissed.

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