DANBURY, CT — A man serving a 90-year prison sentence for his role in the 1999 robbery and fatal shooting of a Danbury liquor store employee is seeking a new trial, according to court records.
Carlton Martin was convicted in 2000 of felony murder, first-degree robbery and five counts of tampering with a witness in connection with the robbery. He was sentenced to a total effective term of 90 years in prison.
On Jan. 18, 1999, the Hi-Way Package Store on North Street was robbed and store manager Robert Gallo was fatally shot, court records show.
In a petition filed April 17 in Danbury Superior Court, Martin argues newly discovered forensic evidence undermines the firearm toolmark analysis presented during his criminal trial, which he contends is now considered unreliable by much of the scientific community.
The petition asks the court to vacate his conviction and grant him a new trial based on what it describes as newly discovered forensic evidence.
In an objection filed by the state, prosecutors argue the petition is barred by the statute of limitations and that the claimed new forensic evidence does not meet the legal standard required for a new trial. The state also contends there was overwhelming independent evidence supporting Martin's conviction beyond the challenged ballistics testimony.
According to the petition, Martin's conviction was affirmed on direct appeal, a previous petition for a new trial was denied, and he has filed multiple habeas corpus petitions over the past two decades.
No hearings have been scheduled on the petition, according to the court docket.
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