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Martin's attorney calls for leniency

Thursday, July 24, 2008
(Updated 8:04 am)

GREENSBORO - A defense attorney argued Wednesday that his client should be treated similarly to co-defendant Sidney Lowe II, the son of N.C. State's basketball team coach.

Brian Martin, 20 , faces up to 30 years in prison for his role in a March 16, 2007, home invasion and a March 24, 2007, shooting at a UNCG dorm room . Martin pleaded guilty last week to more than a dozen charges, including kidnapping, armed robbery and assault with a deadly weapon. His sentencing was continued until Friday morning.

Lowe, who had faced up to 23 years, received 15 months last week after he pleaded guilty to more than a dozen charges. Guilford County Superior Court Judge Henry Frye Jr. suspended the rest of an 11-year sentence.

Frye heard testimony in Martin's sentencing Wednesday from Martin's father and mother. The two, who divorced when Martin was 4, testified that their son is an intelligent young man who began to change in high school when he started hanging around with new friends.

Both asked the judge to give their son a chance and pledged to support their son.

In arguing for a lighter sentence, defense attorney Amiel Rossabi said Lowe and Martin had many similarities, such as struggling to adapt to the freedom of college, growing up with an absent father and having problems with drugs.

But there are differences that the judge should also consider, he said, including that his client didn't own the weapons used in the incidents .

Rossabi said Martin has taken responsibility for his actions and cooperated in the investigation.

"When he had the chance to tell, he told," Rossabi said after the hearing Wednesday. "What he told was not beneficial to him, but it was the truth."

Assistant District Attorney Stephen Cole argued that Martin committed "despicable" crimes that deserve serious time. He said Martin should not be treated the same as Lowe, who received a lesser sentence than typical because the judge found that there were extraordinary mitigating factors.

Martin faces more time than Lowe because, according to court records, Martin was convicted in 2006 of possession of marijuana, possession of drug paraphernalia and carrying a concealed gun, all misdemeanors.

Lowe was charged in 2002 with assault and in 2004 with possession of marijuana, but he was not convicted, Cole said. That left Lowe with no prior record according to sentencing purposes.

Rossabi also asked the judge to consider sentencing Martin to a facility that could help him deal with his marijuana addiction.

Contact Jennifer Fernandez at 373-7064 or jennifer.fernandez@news-record.com

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