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Opinion editorials Handling of Pit Appeal Calls for a Time-Out |
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opinion editorialsThis editorial first appeared in the Albuquerque Journal. It was written by editorial page staff and is unsigned as it represents the opinion of the newspaper rather than the writers
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Saturday, March 13, 2010
Accused Child Rapist Should Stay in Jail
Accused child rapist and kiddie porn maker Joseph Martinez is still in jail — at least for now — and should be kept there as long as legally possible.
That is a small comfort to a community that has been appalled by the sick allegations against Martinez, who is accused of raping a young child and photographing and videotaping the vile acts. He faces 48 state counts of child criminal sexual penetration, one count of sexual exploitation and other charges and a federal case charging him with producing child pornography. He has been in jail for about six months on the federal case.
On Thursday, U.S. District Judge James O. Browning — who earlier ruled out the use of key prosecution evidence after finding that deputies illegally searched Martinez' home while responding to a 911 hangup call — moved the trial to April while prosecutors decide whether to appeal his decision.
Browning rejected a request by Martinez' attorney, Sam Bregman, that his client be released from jail pending the appeal and trial.
The judge said it would be premature to release Martinez, whom he previously ordered into detention after finding he was a danger to the community.
While the legal system cannot reward overzealous police who fail to follow the rules and overstep the law, it is nonetheless disturbing that such strong evidence of a crime — photos, sex tapes and more — may never get before a jury.
The only good news so far in this case is that Martinez is still in jail, where he can't get back to his cameras or other children.
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