Midland man exonerated after 24 years in prison

Garland “Butch” Martin was convicted of three counts capital murder in 1999 for the deaths of his wife and children in a tragic house fire.
Garland "Butch" Martin exonerated after 24 years
Published: May. 23, 2024 at 3:01 PM CDT

ODESSA, Texas (KOSA) - In 1999, Garland “Butch” Martin was convicted of three counts of capital murder and sentenced to three consecutive life sentences, after his wife, Marcia Martin, and two children were killed in a house fire in their Midland home. Martin was exonerated yesterday, May 22nd, 2024, by a Texas Court of Criminal Appeals.

In November 2022, Midland County Judge David Rogers recommended Martin’s sentence be reversed, after Martin’s case was picked up by the Texas Innocence Project.

Attorneys with the Texas Innocence Project say the court’s ruling was based on evidence of significant flaws in the forensic and medical testimony at trial.

“We are thrilled that Butch’s name has finally been cleared,” said Allison Clayton, Deputy Director of Innocence Project of Texas, and Martin’s attorney. “The loss of Butch’s wife and children was a horrible tragedy compounded by putting an innocent, grieving man in prison for 24 years. We are fortunate in Texas to have the legal pathway to right wrongful convictions based on bad science and are grateful to the court for yesterday’s decision.”

In February of 1998, Martin’s wife, Marcia, their one-year-old daughter, and three-year-old son died after their home caught fire. Martin says at the time of the fire, he was at a job site twenty minutes away on the other side of town when a neighbor spotted the fire and called 911. Martin was then arrested and charged with their murders. During the initial trial, arson investigators testified the fire that killed Martin’s family was intentionally set due to the presence of what at the time was considered to be evidence of accelerants and the presence of a “pour pattern.”

Innocence Project of Texas used testimony from experts that the techniques used to investigate the fire in Martin’s case have since been rejected. After the conviction, scientists discovered that the alleged accelerants found in the fire debris are actually present in hundreds of everyday household products and are not indicative of an intentionally set fire. Likewise, what arson science once considered “pour patterns” are now known to be common in large fires. Every expert to look at the case, including the Fire Marshall of the State of Texas, ruled that the fire was not intentional.

Innocence Project of Texas also presented evidence from multiple forensic pathologists. The doctor who testified against Martin later lost his medical license and served time in federal prison. The only other expert who testified against Martin submitted an affidavit to the court saying that after reading the transcript, he was “deeply disturbed” when he realized his testimony had been misconstrued. He indicated that he harbors “serious, soul-shaking doubts as to whether the jury understood my testimony” and that he “sincerely fear[s] the jury was unintentionally misled by my testimony in finding Mr. Martin guilty.”

Martin, who has always maintained his innocence, said “I knew one day, I would get justice for me and my family and I am so happy that day has finally come.”

Mary Kate Hamilton spoke with Marcia’s surviving biological daughter back in 2022, who had safety concerns about the possibility of Martin being released from prison.

Upon the news of Butch’s release, Brittany Freeman sent CBS7 News a statement.

“I find the news of Butch’s exoneration very overwhelming and disheartening. It doesn’t make sense to me how a jury of 12 of his peers had enough evidence then to convict him, but now he walks free. While his family rejoices that he is home, my family is scared for our safety. We are having all kinds of emotions re-emerge. One thing is for certain, I will never stop being the voice for Marcia Brady and Kristen.”