August 19, 2016 at 4:44 p.m.
Parties make arguments at Martinson restitution hearing
State wants convicted murderer to pay $10,000
Parties make arguments at Martinson restitution hearing
Bloom heard oral argument late Wednesday afternoon but decided to hold the matter under advisement until various life insurance-related issues are resolved.
The state is asking Martinson, 18, to pay approximately $10,000 in restitution in connection with the March 7, 2015 murders of her mother and stepfather, Jennifer and Thomas Ayers, in the family's town of Piehl home.
Martinson is serving a 40-year sentence, 23 years incarceration and 17 years extended supervision, for stabbing her mother and shooting her stepfather.
The teen's defense team argued at sentencing that she had been subjected to sexual, physical, emotional and mental abuse throughout her life resulting in significant mental health issues.
Bloom indicated he will issue a written order on the restitution issue at a later date.
Oneida County district attorney Michael Schiek argued Martinson should be ordered to pay roughly $10,000 in restitution, mostly to Thomas Ayers' sister, Sandy Rumore. Rumore has been awarded custody of Ayers' two children from a previous marriage as well as the daughter he fathered during his marriage to Jennifer Ayers.
The amount requested includes nearly $2,000 in funeral expenses above the $2,000 Rumore received from the Wisconsin Victim's Compensation Fund. Rumore is also asking for restitution to cover the cost of car rental during her brother's funeral and to transport the three girls from Rhinelander to Arizona where she resides, the cost of shipping the girls' belongings to their new home, counseling for the children, attorney fees she paid for the probate proceedings and hotel stays. A 10 percent county surcharge and 5 percent state surcharge were also included in the figure.
Schiek told Bloom all of the expenses listed by Rumore are appropriate and allowable under state law.
Martinson's attorney Thomas Wilmouth disagreed.
Wilmouth did not object to the items he deemed "compensable" under the restitution statute, such as funeral expenses and the hotel rooms, but called some of Rumore's requests "excessive." The restitution figure he came up with was $1,920.36, plus surcharges.
He also noted that it states on the victims' compensation fund website that "the victim's conduct must not have caused, or contributed to, the victim's death or injury." Given the facts of the case, Thomas Ayers' actions directly contributed to Martinson's decision to kill him, he argued.
Wilmouth also questioned items such as the attorney fees for the probate case in Thomas Ayers' estate.
"I just don't think that is in the spirit of the restitution statute," he said. "And if it is, considering how complicated that probate matter is, lawyer's fees in a homicide probate case would be astronomical."
The family of Jennifer Ayers did not request restitution, according to Schiek.
Before the hearing began, Bloom questioned if it could even been held, since the estates of both Ayers are still being probated before Judge Patrick O'Melia.
Since the matter of an insurance policy that Thomas Ayers took out on himself has not been resolved, Bloom could not determine the amount Martinson will owe. The insurance benefits are a "relatively significant factor" in his determination, he said.
"I think it would be a wiser course of action to know the answer to those questions before making a final determination," Bloom said.
Both Schiek and Wilmouth filed extensive packets of information ahead of the hearing, although the district attorney's office did not receive a final itemized list of the expenses for which Rumore was seeking restitution until Wednesday morning.
"You've had it longer than I have," Bloom told Wilmouth.
Wilmouth argued that Martinson, who was in the courtroom after having been transported from Taycheedah Correctional Institute, would not be able to make any meaningful repayment of any restitution while she is in prison.
"The defense has the burden of proving that the financial resources of the defendant, her present and future earning ability, and the needs and earning ability of her dependents call for a reduced, if any amount, of restitution determination," Wilmouth said.
To support his case, Wilmouth called Martinson to the stand.
Martinson testified that she has been at Taycheedah for just over a month, and is currently in the Monarch Special Management Unit (MSMU), a 61-bed specialized management unit for inmates having trouble adjusting to prison due to mental or emotional problems or cognitive disabilities. Under questioning from Wilmouth, Martinson said she was referred to MSMU by her psychologist and that she was also seeing a social worker and psychiatrist.
"They plan on keeping me at the Monarch building for a while until I am ready to go to the trauma building," Martinson said when asked if she knew what her care team planned for her once her period of assessment and evaluation is over. From there she will spend some time in the Wisconsin Women's Resource Center because of her traumatic experiences prior to the murders.
She said she is currently not receiving any funds from outside the prison at this time, and Wilmouth is holding just over $300 for her that she received from selling some books to an inmate at the Oneida County Jail. Soon she will receive a $24 per month stipend but will not be able to hold a prison job until she is moved to the general prison population.
"We're supposed to be focusing on our mental state, in getting better," she said.
She estimated that just over half of the monthly $24 allowance would be spent on personal and feminine hygiene products while the rest would be used to purchase items like writing supplies, stamps and snacks from the prison canteen. She also is expected to pay for medical and dental treatment from her stipend funds.
When Wilmouth asked her what she hoped to do for employment after prison, she said she had originally hoped to be a writer but was unsure of what kind of job she would be able to obtain upon her release due to being a convicted felon.
She also noted that the pay for prison jobs is low and she will lose her monthly stipend when she is assigned to a job. She also had no idea what kind of post-incarceration employment would be available to her other than something that pays minimum wage.
Bloom wondered if there were any educational programs she could take advantage of while in prison. She said there are, but they are limited to cosmetology, office computer programs and some building trade-related classes. She did say that if she were able to take classes to help her become a writer she would take advantage of them.
After Martinson stepped down from the witness stand, Schiek presented his argument for the amount Rumore requested.
"The court is well aware of the facts and how Sandy Rumore plays into the care of the three children," Schiek said, adding that there are no provisions in the restitution statute for Bloom to take into account the culpability of the victims in what the defendant did to them.
Wilmouth countered, arguing there is a subsection that says the court may consider "facts that it deems appropriate" in reducing the amount of restitution a person can be ordered to pay to victims or their estate.
"The elephant in the room back on June 10 (when Martinson was sentenced) is probably still here," Wilmouth said. "And that is the defense position that, as Mr. Schiek characterized (it), these victims deserved to die. The defense never made that argument but certainly if there is not a comparative moral fault, based on the state of this record, I'm just lost."
He added the court should consider the facts brought out in the appendix to the plea agreement he filed detailing the life of sexual and mental abuse Martinson suffered prior to her mother marrying Ayers, and the mentally abusive environment she lived in afterward that the defense has claimed led to her actions the day she shot Thomas Ayers and stabbed her mother to death. He argued that Thomas Ayers' actions on the day of his death directly contributed to Martinson's actions.
He also characterized Rumore's appearance at the sentencing hearing as a "cameo."
"She just wanted to say what she had to say and get out of here," taking custody of the children of a man she had not seen, by choice, for 15 years prior to his death.
"She never would have met those children if not for his death," Wilmouth said.
He then expressed concerns about some of the items Rumore listed.
"They amount to about $600, or in the case of Ashlee Martinson, might as well be $600,000," Wilmouth said, referring to the rental car expenses alone.
After hearing both sides, Bloom agreed that Martinson would have few employment options upon her release from prison at age 40.
"The ability for her to make meaningful payments will be meager, if at all," Bloom said.
He then reiterated that he would not make a final decision on the total amount of restitution until the matter of the probate proceedings for both victims is complete, or until at least the matter of Thomas Ayers' life insurance was settled.
"My intention is to supplement the record made here today with a final written order," Bloom said.
He agreed with Wilmouth that Martinson should be returned to Taycheedah to continue receiving treatment and that she need not be brought back to Rhinelander when he is ready to issue the final order.
Jamie Taylor may be reached at jtaylor@ lakelandtimes.com.
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