Prosecution of Arizona man accused of killing son can resume

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Jeffrey Martinson (Source: Maricopa County Sheriff's Office) Jeffrey Martinson (Source: Maricopa County Sheriff's Office)
PHOENIX (AP) -

The Maricopa County Attorney's Office can resume prosecution of an Ahwatukee Foothills man accused of killing his young son in 2004.

Prosecutors announced Thursday that the Arizona Supreme Court has upheld an Arizona Court of Appeals' ruling from last September.

The appeals court found the trial judge's ruling that precluded evidence of intent to kill was erroneous and vacated that judge's dismissal of the case with prejudice.

County Attorney Bill Montgomery says evidence of premeditation should have been allowed in the original 2011 trial that ended in a mistrial.

"This decision allows us to move forward in pressing for justice for the young victim and his mother," said Montgomery. "We continue to be validated in our contention that evidence of premeditation should have been allowed in the original trial."

Jeffrey Martinson was accused of giving a drug overdose to his 5-year-old son in August 2004 while involved in a custody dispute with the boy's mother.

Lab tests showed the child had toxic levels of a muscle relaxer in his system.

[RELATED: Mother feels jaded by justice after accused child killer is freed]
[RELATED: Ahwatukee Foothills man convicted in son's death]
[RELATED: Arizona man ordered freed in son's 2004 death]
[RELATED: Arizona Court of Appeals makes ruling in 2004 murder case]

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