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Judge's Plan In Cedar Fire Case May Burn Out

Plan's Execution "Not So Hot"

POSTED: 2:38 pm PDT September 22, 2005
UPDATED: 3:12 pm PDT September 22, 2005

A federal judge who wanted to see where a West Covina man set California's largest ever wildfire before sentencing him said Thursday that might not be feasible.

Sergio Martinez, 34, pleaded guilty in March to setting the October 2003 Cedar fire, which burned more than 270,000 acres, damaged or destroyed more than 2,200 homes and killed 15 people.

Last month, U.S. District Judge Roger Benitez said he might want to visit the scene in the Cleveland National Forest near Pine Hills where Martinez said he started the fire after getting lost while deer hunting.

Thursday, the judge said visiting the scene was a "brilliant idea" with "not so hot" execution, and that it might be "extremely difficult" to accomplish.

He set a further status hearing for Oct. 13.

The judge ordered attorneys in the case to submit declarations so that he can determine whether he needs to hear from witnesses before setting a sentencing date.

An agent who investigated the fire would testify that Martinez should have been able to see a road from where he started the fire, contradicting his assertion that he was lost, Assistant U.S. Attorney Kevin Mulcahy told Benitez.

The prosecutor said he also wanted the judge to hear from a helicopter pilot who airlifted the defendant from the scene and medical personnel who treated Martinez that day.

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