SANTA ANA – An Orange County judge has rejected a motion by the Mexican government to delay the penalty phase of the trial of a convicted murderer.

Carlos Martinez, a Mexican national from Santa Ana, could be sentenced to death for the 2004 stabbing of an elderly couple.

Attorney Skyla V. Olds of the Mexican Capital Legal Assistance Program argued Monday that Martinez should have been told he could get legal help from the Mexican consulate.

Judge William R. Freoberg said Olds had no standing in the case and the motion was filed too late.

Prosecutors say Martinez killed 83-year-old Nicholas Casas and his 73-year-old wife Emilia with steak knives. He then drank a can of Pepsi where investigators found his DNA.

The trial's penalty phase began Monday after the motion was rejected.

Information from: The Orange County Register, www.ocregister.com