TS - Gallegos responds to molester's plea - Jan 27, 2004

Gallegos responds to molester's plea
By Chris Durant The Times-Standard
January 27, 2004

EUREKA -- Humboldt County District Attorney Paul Gallegos said the guilty plea that child molester Pedro Martinez-Hernandez entered on Jan. 6 was not part of a plea agreement or plea bargain, but guilty pleas to the one charge of continuous sexual abuse of a minor and a charge of false representation of self to a peace officer.

Gallegos was critical of Friday's Times-Standard story on the case, saying some information was left out or needed clarification.

Martinez-Hernandez, 39, was arrested Dec. 23 at his Ferndale home.

As reported Friday, the Humboldt County Sheriff's Department said investigating deputies determined there were 1,900 counts of sexual intercourse with a single minor over the course of six or seven years. Deputies also determined there were an additional 1,000 counts of acts like fondling and oral copulation.

On Friday, Gallegos said that Martinez-Hernandez was only formally charged with the two charges to which he entered guilty pleas.

In a telephone interview, Gallegos said he opted for the catch-all charge, because "if we charge someone with multiple counts, we have to show exactly when each incident took place and we have to prove each incident beyond a reasonable doubt."

Gallegos said he was not bargaining with Martinez-Hernandez, adding, "I was not trying to cut him any slack."

Other crimes alleged on the arrest warrant that Martinez-Hernandez was not formally charged with included oral copulation of a minor, incest, possession of methamphetamine, possession of a false social security card and possession of marijuana.

A warrant does not count as a formal charge, Gallegos said. "It's just to search."

Gallegos also said that Martinez-Hernandez faces federal charges and because of these he will not be freed.

"He will never be released to the public," Gallegos said.

Gallegos said that federal authorities will pick Martinez-Hernandez up after he serves his prison term on local charges and he will serve an additional 20 years in a federal prison.

The U.S. Attorney's Office is San Francisco did not return phone calls Friday regarding the nature of the federal charges.

Martinez-Hernandez faces a maximum of 16 years in prison on the continuous sexual abuse charge. He is scheduled to be in court Feb. 3 for a probation report and possible sentencing.

Chris Durant is public safety, criminal courts and general assignment reporter. He can be reached at (707) 441-0506 or cdurant@times-standard.com .

Article Last Updated: Tuesday, January 27, 2004 - 6:39:30 AM PST

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