The Wake County District Attorney’s office is responding to questions and claims about a high-profile Wake County case.
On Friday, a small group of protesters gathered outside the Wake County Justice Center. They say they are demanding transparency in Benji Martin Jr.’s case.
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Earlier this week, a grand jury indicted Martin on a murder charge. He is accused of shooting and killing WakeMed police officer Roger Smith on Nov. 8 at the WakeMed Garner Healthplex.
The protest was organized on an Instagram page named JusticeForBenji. The page shows photos and videos of Martin and is dedicated to “fighting for his truth.” Protesters questioned why Martin’s latest court date was canceled.
WRAL News took those questions to Wake County District Attorney Lorrin Freeman who responded with a statement. As for the canceled court date, Freeman said state law limits the handling of murder cases to the Superior Court.
“Under state law, the process to initiate the case in Superior Court is by presentation to the Grand Jury,” Freeman said. “Once a case has been indicted in Superior Court, the district court setting is canceled because the District Court no longer has jurisdiction over the matter. This is how all homicide cases move forward and is in compliance with State law.”
Protesters also asked why surveillance video inside the emergency room on the day of the shooting has not been released to Martin’s attorney or the public.
Freeman said her office is working to turn over all investigative material to Martin's attorney before trial.
"That process takes time and generally starts once the defense attorney has filed a notice of appearance and a request for discovery,” Freeman said.
Freeman also says the county is not allowed to disclose the video publicly unless ordered by a court.
Protesters told WRAL News they plan to continue gathering outside the Wake County Justice Center each week until they feel justice has been served in the case.
