Opening statements discuss physical evidence in June 2021 homicide suspect’s trial

Jan 08, 2024

A defense attorney for a 2021 murder suspect on Wednesday pleaded with the jury to “free” her 40-year-old client from the “nightmare” of taking the fall for the murder of his roommate.

Anthony Martinez faces a first-degree murder charge after allegedly admitting to law enforcement that he killed his roommate, 50-year-old Shannon Ziel, in June 2021 at a condo in the 2900 block of C Street.

Opening statements kicked off about 11 a.m. Wednesday morning with two differing stories. Prosecutors believe the evidence supports that an argument led Martinez to deliberately kill Ziel. The defense, however, believes two assaults on Ziel prior to his murder are connected to the last attack.

Deputy District Attorney John Newman opened by describing Ziel as a person who had a hard time taking care of himself and relied on his mother, Glenna McLean. Ziel was diagnosed with bipolar disorder and schizophrenia, defense attorney Michele Newell said.

McLean testified her son was on medication and stabilized in 2021 after more than 50 years of mental health issues. McLean helped take Ziel to appointments, managed his money and reminded him about taking his medications. She also paid for his condo.

A few months before Ziel’s death, McLean and Martinez reached an agreement that included letting Martinez stay at the condo for free as long as he helped out Ziel.

The defense described Martinez’s relationship with McLean as close, so close that he even called her “mom.” However, McLean testified she rarely interacted with Martinez over the phone or in person.

In 2021, McLean told police she bought Martinez a phone so the two could stay in contact about Ziel. However, on the stand Wednesday, she said she never paid for his cellphone or at least didn’t recall doing so.

Ziel and Martinez began arguing frequently during their time living together, according to Newman, which neighbors attested to hearing.

Neighbor Tina Marie Herrera reported to police on the night of the homicide that she didn’t hear anything because she blocked out sounds with her fans and TV. But another upstairs neighbor, Irma Daniel, said on the stand that she heard Martinez and Ziel arguing the night of the homicide.

The yelling and arguing were not uncommon occurrences, Daniel said. She said the roommates fought constantly and she typically used her fan to drown out the noise or called the police.

McLean also called Martinez and Ziel’s relationship “rocky” because her son liked to “mouth off” without getting physical, while Martinez was rude, crabby and distant. She also testified she rarely saw the two interact but they did get along.

Herrera said the two appeared to be good friends who hung out often, but Martinez “rough-housed” and “bullied” Ziel.

Newell referred to the fighting that took place between the two as “brotherly.” Newell also said Ziel’s mental health issues and McLean’s testimony demonstrate that Ziel was a difficult person, which is what led to the fighting in many cases.

“But the argument on June 17 was different,” Newman said to the jury.

Prosecutors plan to show evidence throughout the trial that Martinez made the decision to end the June 17, 2021, argument by placing a steak knife from the kitchen into his pocket and bringing the weapon into the bathroom with Ziel, according to Newell.

Martinez is accused of stabbing his roommate four times, including in the heart, beating him and strangling him with a belt.

Evidence also shows, according to Newman, that Martinez tried to clean up the scene — putting his clothes in the garbage, washing his sheets, hiding the kitchen knife and trying to clean up the bloody bathroom with wet wipes.

Newman told the jury that experts will testify to their findings in the bathroom, including that none of the blood was Martinez’s.

Newell said none of Martinez’s DNA is found inside the bathroom, on the knife or on the belt. But an unknown person’s DNA was found on the belt. She said this evidence suggests Martinez woke up and found Ziel dead.

Newell highlighted that Ziel was seriously wounded twice during attacks in the weeks before his murder.

Between June 10-12, 2021, Ziel sustained serious injuries from an assault. A hospital visit determined he had a broken nose, a stab wound to the sternum, a laceration on his butt and a strangulation mark — some of which match his fatal injuries.

Prior to Ziel’s death, Herrera testified, Ziel looked beat up.

On June 17, 2021, Ziel was assaulted again, and “old injuries reopened,” according to Newell. She said an argument arose when Ziel returned home because he was demanding marijuana from Martinez, who told him no.

Newell said the fight became physical but stopped after punches were thrown. Martinez then showered and cleaned himself up, she said.

Hours later, Martinez woke up to a nightmare — he heard noises and voices — which led him, “groggy and half-asleep,” to go check on Ziel, who was dead in a bathroom covered in blood, according to Newell.

Newell called the incident “a nightmare that still hasn’t ended.”

When Martinez found Ziel, Martinez turned Ziel’s body over and immediately called McLean, Newell said. During the call, she said, Martinez was upset, crying and saying that he thought Ziel was dead.

McLean then drove from Fort Collins to check on her son. Prosecutors and the defense said McLean still had “trust” in Martinez and didn’t want him to get blamed for something he didn’t do.

This is why McLean gave Martinez her car keys and told him to wait inside her car as she called 911, according to Newell. Newell said her client waited until he fell asleep.

At 4:15 a.m., police found him asleep inside the car. During the arrest, body-worn camera footage captured Ziel saying, “What did I do? I didn’t do anything wrong,” repeatedly.

Detective Sam KellerTwigg, a patrol officer in June 2021, testified he didn’t find anything in the area surrounding the home when he responded to the scene. KellerTwigg took McLean to the Greeley Police Department and detained Martinez when police found him in the car.

KellerTwigg stated he didn’t notice any signs of forced entry into Martinez and Ziel’s home. But Greeley police officer Rogelio Simental, who took the stand Wednesday afternoon, testified the condo’s backdoor was unlocked before police arrived.

Documented interviews between police and Martinez show Martinez’s story changes throughout his interrogation, Newman said. Initially, Martinez told an officer Ziel killed himself. Martinez later told a detective that he stabbed his roommate four times.

Newman said Martinez also went back and forth on whether he had or didn’t have a knife on him.

But in the interrogation room, Martinez was not making clear and linear statements, Newell argued. He was interviewed for multiple hours by two law enforcement officials. Newell said Martinez’s story remained consistent with the first officer who interviewed him — the roommates’ fight ended, Martinez went to sleep and then he awoke to a “nightmare.”

When the detective took over the interrogation, Newell said, the detecitve repeatedly told Martinez he didn’t believe Martinez’s story and that he knew Martinez was responsible. Her client then began telling the police exactly what they wanted to hear and confessing to the crimes, she said.

Newman argued the evidence “only tells one story … ”

“The defendant murdered Shannon Ziel without deliberation,” he said. “The fact is written all over Shannon’s bathroom in blood.”

The jury will decide whether the physical evidence matches Martinez’s confession, Newell said. She asked the jury to “finally free” Martinez from the “prison of this nightmare” by reaching a not-guilty verdict.

Weld Judge Allison Esser is presiding over the case.

Martinez’s trial continued 8:45 a.m. Thursday morning with McLean on the stand.

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