Warrant: Gun, bullets in suspect's van similar to weapon that killed Lexington doctor

weapon Similar to one that killed Lexington doctor

jkegley@herald-leader.comSeptember 10, 2011 

A gun and bullets found in the engine compartment of Marty Lee Roe's van were consistent with the gunshot wounds that killed a Lexington dermatologist last week.

Those new details were made available in arrest warrants for Roe obtained Friday by the Herald-Leader. The warrants were filed in Logan County, Ohio, where Roe was arrested Wednesday.

Roe, 65, is accused of killing Martha Post outside her dermatology practice on Huguenard Drive. Post, 55, was shot multiple times as she was leaving work Sept. 1.

According to the warrant, investigators searching Roe's van found in the vehicle's engine compartment "a gun and bullets, with similar characteristics to the one used to shoot Ms. Post".

Lexington police have said Roe was charged with murder Thursday after he was interviewed by police.

During that interview, Roe told detectives he was not in Lexington at the time of the shooting, but police had "been able to obtain evidence and statements placing Mr. Roe in the surrounding area prior to the shooting," according to the warrant.

The warrant said Roe told an acquaintance he was in Lexington "in reference to a funeral."

Roe was arrested late Wednesday at a bar in Lakeview, Ohio, on an outstanding warrant for harassing communications for allegedly making disturbing phone calls to Post last year. He was charged Thursday with murder and tampering with physical evidence, shortly after police searched his camper and vehicle, where they found the gun.

In addition to those details, the arrest warrant for the harassing-communication charge includes more information about the relationship between Roe and Post.

Post's husband, Dr. Robert Truitt, said Roe, who spends time in the Lexington and Dayton areas, had lived in a basement at Post's office building for a time while doing renovation work at the office and their home.

According to the warrant, Post fired Roe because of a drinking problem. Truitt said Roe then began stalking his wife.

After Roe was fired, he called Post approximately 10 times between June 16 and Nov. 17 of last year, "talking about how much he loves and misses" her, the warrant said.

Post changed her phone number after a December call in which Roe told her he was coming to Lexington to visit her.

She "changed her cell phone so that she would not receive any further calls from the respondent, but she is fearful of the respondent and what he might do because of his behavior," the warrant said.

In recorded statements to police, Post said "there had never been any type of relationship" between Post and Roe "other than an employee/employer relationship," the warrant said.

Roe faces a misdemeanor harassment charge, but efforts to get him back to Lexington center around the more serious charges.

The Fayette County Sheriff's Office, which handles fugitive extraditions, is working with officials in Logan County to have Roe extradited from Ohio to Kentucky.

At a court hearing at 3 p.m. Friday, Roe's attorney informed Common Pleas Judge Mark S. O'Connor that Roe would fight extradition, essentially refusing to voluntarily return to Kentucky to answer the murder charge, according to the Bellefontaine Examiner, a daily newspaper in Logan County, Ohio.

The extradition hearing was at a courtroom inside the Logan County jail, where prisoners are typically arraigned, court administrator Debbie Egbert said. Roe remained at the jail Friday afternoon. A judge set a $250,000 cash or surety bond at the hearing.

Roe was represented by Bellefontaine attorney Marc Triplett, who did not immediately return calls seeking comment. Roe's attorney has 30 days to file a writ of habeas corpus to contest Roe's return to Kentucky, the Examiner reported.

Meanwhile, the office of Fayette County Sheriff Kathy Witt said it will pursue a "governor's warrant," which must be approved by Kentucky and Ohio governors, ordering Roe's return. That process could take 90 days, Witt said.

If Roe had waived extradition proceedings, sheriff's deputies would have been able to return him to Kentucky within 20 days, she said.

Bellefontaine Examiner Staff reporter Joel Mast contributed to this report.

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