BALTIMORE — Victor Antonio Martinez-Hernandez, the man found guilty of raping and killing Rachel Morin on the Ma & Pa Heritage Trail in August 2023, will undergo a psychosexual evaluation and a background investigation before his sentencing, as required by state law and a request by the Harford County State’s Attorney’s Office.
A jury found Martinez-Hernandez guilty of first-degree premeditated murder, first-degree rape, third-degree sex offense and kidnapping relating to Morin’s death in less than an hour of deliberation, Monday.
The maximum penalty for each of his charges are:
—First-degree premeditated murder – life without possibility of parole
—First-degree rape – life
—Third-degree sex offense – 10 years
—Kidnapping – 30 years
However, the Maryland State Sentencing Guidelines for each offense are recommendations, Healey said. The presiding judge in the case, Harford County Circuit Court Judge Yolanda Curtin, can give Martinez-Hernandez a higher or lower sentence for each of the charges at her discretion.
Since the maximum penalty for first-degree premeditated murder is life without the possibility of parole, state law requires Martinez-Hernandez to be subject to a pre-sentencing investigation so the state can learn of his upbringing, mental health issues, prior offenses and other background information for Curtin to consider during sentencing.
Harford County State’s Attorney Alison Healey, the lead prosecutor in the case, said she will request that Martinez-Hernandez be given the maximum penalty for each of the charges. Since Martinez-Hernandez was also found guilty of first-degree rape and third-degree sex offense, Healey requested that Martinez-Hernandez undergo a psychosexual evaluation.
The evaluation serves as a risk assessment tool for the state to gauge Martinez-Hernandez’s sexual interests, behaviors and attitudes to gauge if he might reoffend.
“It is just another tool in serious sex offense cases I generally always ask for,” Healey said. “It can give us additional information to potentially use during sentencing.”
A sentencing date for Martinez-Hernandez has yet to be scheduled due to the 60 to 90 day time period required for the psychosexual evaluation and pre-sentencing investigation to be completed.
Monday’s verdict brought the nine-day jury trial to a close and prevented Martinez-Hernandez, who entered the United States illegally in 2023, from being deported back to El Salvador, as he is expected to serve his sentence in the United States.
Martinez-Hernandez, like all defendants, has the right to file a motion for a new trial. The basis for a new trial is very limited and likely not possible for Martinez-Hernandez, Healey said.
“There would have to be some new information, newly discovered evidence or something to that effect,” Healey said. “The chances are slim to none. There is not going to be anything new to my knowledge.”
The three public defenders who served as Martinez-Hernandez’s legal council said they are considering their legal options and are now focused on the trial’s punishment phase.
“We are disappointed in the verdict, which will be reviewed by our team,” they said in a joint statement. “We will now focus on sentencing and ensuring that Mr. Martinez Hernandez has a fair process that balances all of the relevant factors.”
Morin’s death and Martinez-Hernandez’s arrest became a political talking point on illegal immigration for then-candidate Donald Trump in his 2024 campaign for president. Trump spoke with Morin’s mother, Patricia Morin, and other family members numerous times before inviting them to attend the Republican National Convention in July.
There, Morin’s brother Michael addressed a crowd of thousands, telling them his sister “was raped and murdered by a suspected illegal immigrant” in what has been “described as among the most brutal and violent offenses that has ever occurred in Harford County, Maryland history.”
Morin’s mother also testified before Congress on numerous occasions regarding illegal immigration leading up to Martinez-Hernandez’s trial.
The Republican President mentioned Martinez-Hernandez’s verdict on his social media platform, Truth Social, yesterday, calling Morin’s death heinous and taking aim at illegal immigration.
“Rachel was a beautiful mother of five from Maryland, and her life was taken at the hands of a monster who should have never been here in the first place,” Trump wrote. “We will never forget Rachel Morin, and are committed to protecting women like her across our Country.”
Following Martinez-Hernandez’s sentencing in the coming months, the Division of Corrections will decide what corrections facility he will be sent to. Martinez-Hernandez is currently held at the Harford County Detention Center without bond.
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