United States v. Martinez

388 F. Supp. 3d 225
CourtDistrict Court, E.D. New York
DecidedJune 21, 2019
Docket17-CR-281 (ERK)
StatusPublished
Cited by1 cases

This text of 388 F. Supp. 3d 225 (United States v. Martinez) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Martinez, 388 F. Supp. 3d 225 (E.D.N.Y. 2019).

Opinion

KORMAN, District Judge:

Defendant Carlos Martinez, a prison guard, was convicted of sexual abuse, aggravated sexual abuse, sexual abuse of a ward, and deprivation of civil rights under color of law. The prosecution failed to provide the defense with evidence consisting of a report summarizing an interview with a unit-mate of the victim and a witness in a related case, which strongly suggested that the victim's relationship with Martinez was consensual. Upon learning of the withheld evidence, Martinez, who has not yet been sentenced and who faces a life sentence under the Sentencing Guidelines, moved for a new trial.

BACKGROUND

According to her trial testimony, Maria, who testified under a pseudonym, worked as a cleaner during her incarceration at the Metropolitan Detention Center in Brooklyn, New York ("MDC"), starting in March 2015. Trial Tr. 58, 67-68. Beginning in May, she cleaned areas on the second floor of the MDC's East Building, such as the medical, legal, and lieutenants' areas. Id. at 68-69. Maria was asked to clean multiple times a week, often in the company of another inmate. Id. at 68-70. Sometimes Maria cleaned the area alone, but most of the time she and another inmate were both summoned, and they cleaned *227the second floor together. Id. Whenever she was summoned to clean, she was escorted from her unit to the second floor by a guard, who then left her under the supervision of whoever asked for a cleaner. Id. at 78-79.

Beginning in the fall of 2015, defendant Lieutenant Carlos Martinez started to regularly summon Maria to clean. Id. at 79, 81-82. Martinez usually called for Maria on Fridays, Saturdays, or Sundays, when the second floor was generally empty. Id. at 82. Maria testified that, when she first started cleaning for Martinez, he acted kindly, sharing personal information about himself, including facts about his family and living situation, and referring to Maria by her first name. Id. at 87-88. But Martinez's comments soon became uncomfortable, veering into improper sexual inquiries. See id. at 92-94.

Maria testified that Martinez's misconduct became criminal in December 2015, approximately two to three months after she first started cleaning for him. As usual, he asked Maria to come clean, although this time Maria did not recall if she was accompanied by another inmate. Id. at 100-01. While Maria bent over to retrieve cleaning supplies from a cabinet inside the Lieutenants' Office, Martinez pulled his penis out of his pants, grabbed her head and shoulder, and pushed Maria towards his penis, forcing it into her mouth. Id. at 102-04. Martinez explained to Maria that she would not get in trouble because he could view the feed from all the cameras monitoring the area via a monitor located on the desk in the Lieutenants' Office, so he could make sure no one would walk in on them. Id. at 104. Martinez then pushed Maria, chest-down, on to the desk, pulled her pants down, and penetrated her vagina from behind with his penis. Id. at 105-06. Maria testified that, while this was happening, she asked him to use protection but he did not. Id. at 106. She also testified that she "[d]id [not] want to have sex with him" and "he force[d] [her] to do those things." Id. at 107.

Afterwards, Maria noticed she was bleeding and demanded that Martinez buy her a morning-after pill. Id. at 108. Martinez explained that he had undergone a vasectomy, but eventually relented and agreed to purchase the pill for Maria. Id. at 109-10. He delivered it to her around midnight in her unit, at which point she took it. Id. at 110, 130-36. In the interim, Maria returned to her unit, and told her fellow inmates-Kiara Maldonado, Melva Vasquez, and Danilda Osoria-that Martinez had penetrated her and that she was bleeding. Id. at 115-17, 119-22. Initially, Maldonado responded as if this were a positive event, "[l]ike it was something ... happy ... something good." Id. at 119. Osoria had a similar reaction and joked about the incident, but Vasquez became upset and angry at her unit-mates' lack of sympathy. Id. at 122, 447-48, 560. After Maria began crying and divulged some of the details of what transpired, both Maldonado and Osoria realized something more serious had occurred. Id. at 122-23, 560-62. Maldonado testified that, in the days after the incident, Maria "didn't want to go to work" and "was always in bed," even though she usually socialized with the other inmates. Id. at 640. Osoria similarly testified that, in the weeks following the alleged rape, Maria appeared upset whenever she was called to clean by Martinez. Id. at 567.

Maria testified that, after the December 2015 incident, Martinez would regularly summon her to the office to clean and rape her. Id. at 138-39, 161-62. One of these incidents occurred on a Saturday in either mid-to-late January or early February 2016. See Opp. 13 n. 9, ECF No. 84. Maria was escorted to the second floor to clean *228for Martinez as usual. While Maria was cleaning the bathrooms, she testified that Martinez asked the officer who escorted her to do something in another building in the MDC complex. See Trial Tr. 141-44. The errand would leave Martinez and Maria alone for about twenty minutes. See id. at 717. As soon as the other officer left, Maria testified that Martinez called for her, but she did not immediately respond. Id. at 143. As a result, Martinez came to the door of the bathroom where Maria was cleaning and ordered her to go to the Lieutenants' Office. Id. at 143-45. Once inside the office, Maria testified that Martinez groped her, pushed her down on the desk, pulled her pants down, and penetrated her. Id. at 146-48. The other officer did not return until after Martinez had finished and Maria was back in the bathroom. Id. at 159-60.

Maria also testified to another incident that occurred in January 2016. See id. at 165-80. During this incident, Maria and another inmate, Odis De La Cruz, went to clean the second floor. Id. at 165-66. De La Cruz told Maria that she would clean the area near the Legal Department and told Maria to clean around the Lieutenants' Office. Id. at 171-72. Maria testified that, when she went into the Lieutenant's Office to start cleaning, Martinez again grabbed her, pushed her against the desk, pulled her pants down, and penetrated her. Id. at 177-78. Maria noted that while he was penetrating her, he adjusted the video feed on the computer monitor so that he could see where De La Cruz was cleaning. Id. at 179.

In late January and early February, Maria contacted two friends outside of the prison. First, she called Noel Lopez. Id. at 181. She asked him to visit her and, when he arrived, to kiss her on the lips. Id. at 181, 186, 304-06. Maria testified that Martinez had commented that no one visited her at the MDC, and she hoped that Lopez's visit would demonstrate that she was not alone. Id. at 181. Even though he found the request odd, Lopez kissed Maria when he visited, but the interaction had the opposite effect Maria had hoped for: she testified that Martinez saw the interaction and subsequently forcibly kissed and groped her. Id. at 184-86, 306.

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Bluebook (online)
388 F. Supp. 3d 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-martinez-nyed-2019.