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About a week ago I posted an article about Jose Martinez, the former LDC Court Officer who was being tried in court on 4 counts of rape and 6 counts of sexual assault & battery. Martinez was alleged to have assaulted a female prisoner while being she was processed in the Lawrence courthouse on various occasions from 2009-2015. The inmate claims that the incidents took place in a stopped elevator, small holding cell and a stairwell, all while her legs were shackled. Martinez initially denied all allegations and his defense attorney argued that the plaintiffs long criminal history was more than enough to discredit her accusations. Martinez has no previous record of inappropriate behavior on file during the 16 years he has worked in the courthouse and his lawyer, Hank Brennan (Whitey Bulgers go-to guy), said that the video surveillance would be used to help clear Martinez’s name. Yep, that surveillance would be their golden ticket to freedom!
“Brennan said he asked the commonwealth to turn over any video of the alleged sexual contact but the purported videos were destroyed.”
How convenient! After being released on $40,000 bail, Martinez asked a colleague from the courthouse to find and destroy a secondary cellphone he had hidden behind one of the judges benches because it had incriminating evidence on it. Apparently bringing an extra phone with thousands of pornographic videos, images and self images to work in a courthouse is totally normal.. His coworker immediately found and turned in the cellphone as evidence. Martinez got slapped with a 90 day pending, $100,000 cash bail and a GPS ankle bracelet while awaiting trial for 2 years. From the selfies on Martinez’s phone the inmate was able to identify him easily. Oh, and she also had a jacket with Jose’s man funk on the sleeve that positively matched his DNA. So there’s that.
Time to change it up! After getting bagged with the spankbank cellphone and DNA sweater sauce, Martinez and his Brennan admitted that his original plea of not guilty was made in fear of losing his job and the respect of his family and community.
“We never hid from the fact that there would be DNA in this case,” Brennan said. “It is cooperative with some type of contact … Now, I don’t defend impropriety but impropriety is not a crime.”
1.) You sorta did hide that there would be DNA when you said they never had sex.
2.) Impropriety: Failure to observe standards or show due honesty or modesty.
I think that whole “due honesty” business is supposed to happen in a court room, right? Maybe. Sometimes? Nahhh..
Their new testimony is that the sexual acts occurred but they were 100% consensual. So this OITNB lockdown vixen was down with it but waited 5+ years to speak up? While she was in the custody of the state of New Hampshire? Ok.
Now here’s where things get tricky when it comes to inmate sexual conduct. I had to look it up because I was under the impression that basic common-fucking-sense would rule any and all afternoon delight at work a big no-no. Nevermind shacking up with prisoners in your direct care who are, in general, submissive to their superiors. Now, the law protects inmates being held in a federal penitentiary and has a zero tolerance policy as far as any sexual contact. Period. No dice. However, the law doesn’t protect inmates that are being held in contract facilities. So not only can you not rely on the “consent” argument, but the imposed penalties on court officers, C.O.’s, etc are substantially less severe than they would be if they occurred in a federal facility. So I guess if you’re an inmate or employee looking for a quick ramjam you can get penalized without getting penalized… See what I did there? You can read more about that here because it’s pretty bogus that it’s not one size fits all. Plus I’ll sound like a friggin idiot trying to explain federal and state laws when I just wrote an article calling someone a “Ramen Noodle Noggin”.
So for now, that’s their final decision. Martinez gets off on all charges except for withholding evidence even though they had multiple coworkers testify against him for being a total skeez towards many inmates in their facility. If he’s innocent, he should probably work harder on not banging criminals. Sucks to be his wife who’s employed at the courthouse. I’m sure she’s been having a smashing time at work these past 2 years knowing her hubs was bumping uglies with at least one criminal. I really hope their sentence was legitimate because it would be a real dick move by the Commonwealth of Massachusetts to discredit her 8 hours of testimony because she wrote bad checks, did drugs and had some fake aliases. Could she be lying? Absolutely. Could he be lying? Obviously. It’s a he said/she said shitshow and because there was no video evidence nobody gets real justice. We’ll just metaphorically dump this court ruling over the side of the Marston street bridge like everyone else does with anything incriminating in Lawtown and call it a day.
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