Convicted sex offender faces 6 years, deportation
A Mexican national, who will face deportation for a second time after serving an expected six-year sentence, pleaded no contest Monday to allegations he sexually abused his 8-year-old daughter.
Isaias Felix-Romero, 33, pleaded no contest to the sexual abuse of his daughter-- referred to as Jane Doe-- according to Deputy District Attorney Arnold Klein.
Eight years ago Felix-Romero was convicted of unlawful intercourse with a 13-year-old minor, the mother of Jane Doe. Felix-Romero later married Jane Doe's mother.
The alleged sexual abuse occurred between July and August 2008 and were reported by the victim's grandmother.
In early September, Felix-Romero was arrested as part of a U.S. Immigration and Customs Enforcement raid on Sun Valley Floral Farms.
ICE reported Felix-Romero has already been deported from the United States once, and he will be detained and ultimately deported by ICE after his sentence is completed.
”We definitely have flagged this case for follow-up, and a detainer will be lodged against the individual,” said ICE Communications Director Virginia Kice.
Felix-Romero's previous deportation may be reinstated, which would result in expedited removal. Because of Felix-Romero's criminal history and felony reentry, his case is subject to review by the Department of Justice and the U.S. Attorney's Office.
Klein said he was pleased the case did not go to trial and that Jane Doe was not required to testify.
Erin Tracy can be reached at 441-0596 or etracy@times-standard.com, and Donna Tam can be reached at 441-0532 or dtam@times-standard.com.
Erin Tracy and Donna Tam/The Times-Standard
Posted: 01/13/2009 01:19:46 AM PST
***
This report says he pled "no contest to allegations..." but does not say what the CHARGES (Penal Code Sections), and resultant minimum and maximum penalties were.
***
Reminiscent of the Martinez-Hernandez case except this time, it looks like the guy really is going to get deported.
But in 6 years he'll get to rape another 13 year old (actually younger, probably, and next time, he may not want to leave any witnesses behind.)
Showing posts with label Gallegos/Martinez-Hernandez. Show all posts
Showing posts with label Gallegos/Martinez-Hernandez. Show all posts
11.10.2006
NCJ - MOLESTATION CASE TAKES CENTER STAGE - 2/12/04
MOLESTATION CASE TAKES CENTER STAGE:
"He was ill-prepared to handle this case." So says a source in the law enforcement community on District Attorney Paul Gallegos' handling of the case of Pedro Martinez-Hernandez, the 39-year-old Ferndale man arrested on Christmas Eve last year on charges of continuously molesting a minor for eight years. Martinez-Hernandez, who was sentenced to 16 years in prison last week, has since become a major issue in the drive to recall Paul Gallegos. And when an internal report by Deputy DA Wes Keat was leaked to the press early this week, the fire Gallegos was drawing over the case got a whole lot hotter. Keat's report -- called a "felony filing evaluation" -- was written shortly after the defendant was arrested. In it, Keat writes, "It's probably going to turn out that there are a lot of stackable 288b's [sex offense counts] that can get him into the century club" -- or 100 years in prison. That's precisely how pro-recall replacement candidate Gloria Albin Sheets has been saying the case should have been prosecuted. Shortly after the arrest, Martinez-Hernandez was charged with one count of "continuous sexual abuse" of his daughter, and that was what he eventually pleaded guilty to. But according to Jim Kucharek, head of the county's Child Support Services Department and a Gallegos critic, such cases are usually amended with additional charges upon receipt of additional information from the police agency and the county's Child Abuse Services Team. That information -- which the law enforcement source said included physical evidence corroborating the victim's claims of abuse and testimony from a witness -- was handed to the DA's office well before Jan. 6, the date Gallegos appeared in court on the case. Gallegos also had Keat's felony filing evaluation. Nevertheless, Gallegos allowed the defendant to plead guilty to the single charge rather than asking the judge to amend the case to include the "stackable 288b's" that would have presumably given the defendant a much longer sentence. Late Tuesday, Gallegos defended his decision by reiterating that based on his conversations with the U.S. Attorney's Office, Martinez-Hernandez would be released into federal custody, and would face immigration charges, after serving his 16-year sentence. But he did seem to acknowledge that his handling of the case might be open to criticism. "The fact of the matter is, if we didn't do as much as the little girl would have liked I certainly would apologize to her," he said. "We don't always make the right decision on cases -- there's just too many decisions to make. But every decision in that office, good or bad, I'm responsible for. And I take full responsibility."
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez
"He was ill-prepared to handle this case." So says a source in the law enforcement community on District Attorney Paul Gallegos' handling of the case of Pedro Martinez-Hernandez, the 39-year-old Ferndale man arrested on Christmas Eve last year on charges of continuously molesting a minor for eight years. Martinez-Hernandez, who was sentenced to 16 years in prison last week, has since become a major issue in the drive to recall Paul Gallegos. And when an internal report by Deputy DA Wes Keat was leaked to the press early this week, the fire Gallegos was drawing over the case got a whole lot hotter. Keat's report -- called a "felony filing evaluation" -- was written shortly after the defendant was arrested. In it, Keat writes, "It's probably going to turn out that there are a lot of stackable 288b's [sex offense counts] that can get him into the century club" -- or 100 years in prison. That's precisely how pro-recall replacement candidate Gloria Albin Sheets has been saying the case should have been prosecuted. Shortly after the arrest, Martinez-Hernandez was charged with one count of "continuous sexual abuse" of his daughter, and that was what he eventually pleaded guilty to. But according to Jim Kucharek, head of the county's Child Support Services Department and a Gallegos critic, such cases are usually amended with additional charges upon receipt of additional information from the police agency and the county's Child Abuse Services Team. That information -- which the law enforcement source said included physical evidence corroborating the victim's claims of abuse and testimony from a witness -- was handed to the DA's office well before Jan. 6, the date Gallegos appeared in court on the case. Gallegos also had Keat's felony filing evaluation. Nevertheless, Gallegos allowed the defendant to plead guilty to the single charge rather than asking the judge to amend the case to include the "stackable 288b's" that would have presumably given the defendant a much longer sentence. Late Tuesday, Gallegos defended his decision by reiterating that based on his conversations with the U.S. Attorney's Office, Martinez-Hernandez would be released into federal custody, and would face immigration charges, after serving his 16-year sentence. But he did seem to acknowledge that his handling of the case might be open to criticism. "The fact of the matter is, if we didn't do as much as the little girl would have liked I certainly would apologize to her," he said. "We don't always make the right decision on cases -- there's just too many decisions to make. But every decision in that office, good or bad, I'm responsible for. And I take full responsibility."
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez
11.03.2006
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Investigating deputy speaks out on molest case
By Chris Durant The Times-Standard
February 13, 2004
EUREKA -- One of the deputies who investigated the case of a man who molested a girl over the course of six or seven years has spoken out against the single felony count to which the man entered a guilty plea -- and against Humboldt County Deputy District Attorney Paul Gallegos.
On Jan. 6, Pedro Martinez-Hernandez, 39, entered a guilty plea to one felony count of continuous sexual abuse of a child and a misdemeanor charge of providing false identification to a police officer. He was arrested outside of his home Dec. 24.
He was sentenced to the maximum term under that charge, 16 years in prison, Feb. 3.
"Hernandez was a guy who should have been locked up for life," stated Humboldt County Sheriff's Deputy Troy Garey in a "Safety Yes! Recall Gallegos" press release.
Garey was one of the investigating deputies in the case.
"I have been having a hard time getting to sleep thinking about what this guy did to this girl and then Gallegos let him cop to a single charge," Garey stated. "There's no excuse for Gallegos allowing this predator to plead to one count."
The Sheriff's Department has said that the investigating deputies determined there were more than 2,500 individual counts of sexual behavior.
Gallegos said that Martinez-Hernandez is no longer a threat to the community because he is now in prison.
"There's no one more committed to the safety of this community than me," Gallegos said.
The Martinez-Hernandez case has been used by one of Gallegos' opponents, Gloria Albin Sheets, and by proponents of the recall as an example of Gallegos being soft on crime.
Gallegos said that his opponents are keeping the case in the news.
"I don't know if Gallegos read the case file and was just there for the headline, or if he even understands that a district attorney is supposed to prosecute violators of the law and protect the rights of victims," Garey wrote. "I know this much, he never bothered to talk to me or anyone else before he mishandled this in court, and in my opinion the victim had no voice in these proceedings."
Article Last Updated: Friday, February 13, 2004 - 1:50:29 PM PST
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez
By Chris Durant The Times-Standard
February 13, 2004
EUREKA -- One of the deputies who investigated the case of a man who molested a girl over the course of six or seven years has spoken out against the single felony count to which the man entered a guilty plea -- and against Humboldt County Deputy District Attorney Paul Gallegos.
On Jan. 6, Pedro Martinez-Hernandez, 39, entered a guilty plea to one felony count of continuous sexual abuse of a child and a misdemeanor charge of providing false identification to a police officer. He was arrested outside of his home Dec. 24.
He was sentenced to the maximum term under that charge, 16 years in prison, Feb. 3.
"Hernandez was a guy who should have been locked up for life," stated Humboldt County Sheriff's Deputy Troy Garey in a "Safety Yes! Recall Gallegos" press release.
Garey was one of the investigating deputies in the case.
"I have been having a hard time getting to sleep thinking about what this guy did to this girl and then Gallegos let him cop to a single charge," Garey stated. "There's no excuse for Gallegos allowing this predator to plead to one count."
The Sheriff's Department has said that the investigating deputies determined there were more than 2,500 individual counts of sexual behavior.
Gallegos said that Martinez-Hernandez is no longer a threat to the community because he is now in prison.
"There's no one more committed to the safety of this community than me," Gallegos said.
The Martinez-Hernandez case has been used by one of Gallegos' opponents, Gloria Albin Sheets, and by proponents of the recall as an example of Gallegos being soft on crime.
Gallegos said that his opponents are keeping the case in the news.
"I don't know if Gallegos read the case file and was just there for the headline, or if he even understands that a district attorney is supposed to prosecute violators of the law and protect the rights of victims," Garey wrote. "I know this much, he never bothered to talk to me or anyone else before he mishandled this in court, and in my opinion the victim had no voice in these proceedings."
Article Last Updated: Friday, February 13, 2004 - 1:50:29 PM PST
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
Albin Sheets accuses Gallegos of incompetence
By James Tressler The Times-Standard
Jan, 2004
EUREKA -- Gloria Albin Sheets fired off a blistering e-mail assessment of District Attorney Paul Gallegos on Monday, accusing him of incompetence.
In an e-mail titled "Paul Gallegos Incompetent?" that was sent to a number of reporters, Albin Sheets took Gallegos to task for his perceived mishandling of a recent child molestation case. The case involved Pedro Martinez-Hernandez, a Ferndale man who faces 16 years in prison following his plea earlier this month to one charge of continuous sexual abuse of a child and a charge of false representation of self to a peace officer. Martinez-Hernandez is to appear in court Feb. 3 for sentencing.
Police have been critical of Gallegos, who handled the case. The Humboldt Deputy Sheriff's Department said investigating deputies determined there were 1,900 counts of sexual intercourse with the girl over the course of six or seven years, beginning when she was about 5 years old. Deputies also determined there were an additional 1,000 counts of acts like fondling and oral copulation.
Albin Sheets, an ex-deputy district attorney who is hoping to oust Gallegos in the March 2 recall election, charged that Gallegos mishandled the case.
"Charging only one count of a 'continuous act' is demonstrative of Gallegos' lack of experience as a prosecutor," Albin Sheets said. "The reasoning would then be, if you are raping (a child), you may as well continue doing it because the sentence will be the same no matter when you are caught."
Albin Sheets was terminated by Gallegos earlier this year while she was on medical leave, a separation Gallegos said was caused by budget cuts.
In her e-mail, Albin Sheets criticized Gallegos' handling of the Martinez-Hernandez case. She maintained "he doesn't want to do the work necessary to prove the incidents beyond a reasonable doubt." Even if Gallegos had only been able to get 10 or 20 counts, the man still would have gone to prison the rest of his life, she charged.
Gallegos last week said Martinez-Hernandez was formally charged with the two charges to which he entered guilty pleas. 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, drawing a distinction between the counts listed in the warrant and the later formal charges.
Gallegos also said that Martinez-Hernandez faces federal charges after he serves his prison term on local charges and he will serve an additional 20 years in a federal prison.
Albin Sheets said Gallegos wants the federal authorities to do his work.
"He thinks the federal authorities will pick up the defendant after he has served his prison term," she wrote. "What are the federal charges pending against the defendant?"
Albin Sheets contended that if such a sentence is ordered, most likely the sentence would run concurrent with the local sentence.
The U.S. Attorney's Office is San Francisco has not returned phone calls to the Times-Standard regarding the federal sentencing.
Meanwhile, Albin Sheets also noted that other deputies handling molestation cases recently have managed to get much tougher results than those Gallegos got with Martinez-Hernandez. Just a few weeks ago, Deputy District Attorney Allison Jackson prosecuted Michael Hiscox, accused of raping two underage boys over the course of several years. Hiscox was sentenced in January to life in prison.
Gallegos is out of town this week attending a statewide district attorney's conference. His campaign manager Richard Salzman said he hesitated to talk about legal issues, but he also disputed several of Albin Sheet's criticisms.
Salzman maintained that while Gallegos appeared in court, the actual charging was done by senior prosecutor Wes Keat, using a law passed by the Legislature that allows for instances of long-term abuse to be consolidated into a single, continuous act.
"Gloria Sheets may have no compunction about putting this victim on the stand and forcing her to relive all the counts or even just eight counts of this experience," Salzman said. "However, I trust in the wisdom of the DA's office and Wes Keat who used a law created by the Legislature for this purpose. ... Sixteen years is a serious sentence, and with federal charges to follow, this man will never see the light of day."
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez
By James Tressler The Times-Standard
Jan, 2004
EUREKA -- Gloria Albin Sheets fired off a blistering e-mail assessment of District Attorney Paul Gallegos on Monday, accusing him of incompetence.
In an e-mail titled "Paul Gallegos Incompetent?" that was sent to a number of reporters, Albin Sheets took Gallegos to task for his perceived mishandling of a recent child molestation case. The case involved Pedro Martinez-Hernandez, a Ferndale man who faces 16 years in prison following his plea earlier this month to one charge of continuous sexual abuse of a child and a charge of false representation of self to a peace officer. Martinez-Hernandez is to appear in court Feb. 3 for sentencing.
Police have been critical of Gallegos, who handled the case. The Humboldt Deputy Sheriff's Department said investigating deputies determined there were 1,900 counts of sexual intercourse with the girl over the course of six or seven years, beginning when she was about 5 years old. Deputies also determined there were an additional 1,000 counts of acts like fondling and oral copulation.
Albin Sheets, an ex-deputy district attorney who is hoping to oust Gallegos in the March 2 recall election, charged that Gallegos mishandled the case.
"Charging only one count of a 'continuous act' is demonstrative of Gallegos' lack of experience as a prosecutor," Albin Sheets said. "The reasoning would then be, if you are raping (a child), you may as well continue doing it because the sentence will be the same no matter when you are caught."
Albin Sheets was terminated by Gallegos earlier this year while she was on medical leave, a separation Gallegos said was caused by budget cuts.
In her e-mail, Albin Sheets criticized Gallegos' handling of the Martinez-Hernandez case. She maintained "he doesn't want to do the work necessary to prove the incidents beyond a reasonable doubt." Even if Gallegos had only been able to get 10 or 20 counts, the man still would have gone to prison the rest of his life, she charged.
Gallegos last week said Martinez-Hernandez was formally charged with the two charges to which he entered guilty pleas. 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, drawing a distinction between the counts listed in the warrant and the later formal charges.
Gallegos also said that Martinez-Hernandez faces federal charges after he serves his prison term on local charges and he will serve an additional 20 years in a federal prison.
Albin Sheets said Gallegos wants the federal authorities to do his work.
"He thinks the federal authorities will pick up the defendant after he has served his prison term," she wrote. "What are the federal charges pending against the defendant?"
Albin Sheets contended that if such a sentence is ordered, most likely the sentence would run concurrent with the local sentence.
The U.S. Attorney's Office is San Francisco has not returned phone calls to the Times-Standard regarding the federal sentencing.
Meanwhile, Albin Sheets also noted that other deputies handling molestation cases recently have managed to get much tougher results than those Gallegos got with Martinez-Hernandez. Just a few weeks ago, Deputy District Attorney Allison Jackson prosecuted Michael Hiscox, accused of raping two underage boys over the course of several years. Hiscox was sentenced in January to life in prison.
Gallegos is out of town this week attending a statewide district attorney's conference. His campaign manager Richard Salzman said he hesitated to talk about legal issues, but he also disputed several of Albin Sheet's criticisms.
Salzman maintained that while Gallegos appeared in court, the actual charging was done by senior prosecutor Wes Keat, using a law passed by the Legislature that allows for instances of long-term abuse to be consolidated into a single, continuous act.
"Gloria Sheets may have no compunction about putting this victim on the stand and forcing her to relive all the counts or even just eight counts of this experience," Salzman said. "However, I trust in the wisdom of the DA's office and Wes Keat who used a law created by the Legislature for this purpose. ... Sixteen years is a serious sentence, and with federal charges to follow, this man will never see the light of day."
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez
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
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandezl
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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TS - Plea bargain made with molester - Jan 24, 2004
TS - Gallegos responds to molester's plea - Jan 27, 2004
TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
NCJ - MOLESTATION CASE TAKES CENTER STAGE:
...a copy of this article is also at watchpaul-articles
TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandezl
TS - Plea bargain made with molester - Jan 24, 2004
Plea bargain made with molester
By Chris Durant The Times-Standard
Saturday, January 24, 2004
EUREKA -- The Humboldt County District Attorney's Office has reached an agreement with the Ferndale man who continually molested a child over the course of six or seven years.
Pedro Martinez-Hernandez, 39, entered a guilty plea Jan. 6 to one count of continuous sexual abuse of a child.
Humboldt County District Attorney Paul Gallegos prosecuted the case.
The Humboldt County Sheriff's Department said investigating deputies determined there were 1,900 counts of sexual intercourse against the minor and another 1,000 counts of similar instances, like oral copulation and fondling.
"We could charge the one count over and over again or we could charge the continuous act charge," Gallegos said.
Gallegos said the maximum prison sentence Martinez-Hernandez could receive is 16 years.
The California Penal Code states that one count of lewd or lascivious acts with a child carries a maximum penalty of eight years.
It is not uncommon for the District Attorney's Office to make plea agreements. Two high-profile cases recently reached an agreement just before they went to trial.
Humboldt County Superior Court documents indicate defendants in similar cases were sentenced to much longer prison terms.
William Frank II was arrested by the Eureka Police Department in 1999 on 34 counts of felony aggravated assault of a child under 14. In May 2000 he was sentenced by Superior Court Judge Dale Reinholtsen to 29 consecutive 15- years-to-life terms.
In 1998, Alfred Duane Albers Sr. was arrested by the Humboldt County Sheriff's Department on a count of oral copulation of a child under 14 with force and a count of lewd or lascivious acts with a child. He was arraigned on 96 counts of aggravated sexual assault of a child and in May 1999 he was sentenced by Superior Court Judge John Feeney to one term of 15-years-to-life, six terms of 15 years and two terms of eight years, all to run consecutively.
Johnny Ray Crowl was arrested by the Humboldt County Sheriff's Department in 1998 on suspicion of two counts of lewd or lascivious acts with a child and a count of felony sexual penetration with a foreign object. He was arraigned on four counts of lewd or lascivious acts with a child and four counts of aggravated sexual assault on a child. In December 1999 he was sentenced by Feeney to one count of 15-years-to-life in prison and seven 15-year terms, all to run consecutively.
In 1998, Michael John Mendez was arrested by the Fortuna Police Department on six counts of lewd or lascivious acts with a child. He was arraigned on nine counts of lewd or lascivious acts with a child, annoying or molesting a child under 18 and two counts of failing to register as a sex offender. He was sentenced by Superior Court Judge Timothy Cissna in September 1999 to seven consecutive 30-years-to-life sentences and a 12-year term.
These are a handful of similar cases obtained by the Times-Standard.
Jan. 13 this year, Mike Hiscox, 42, was sentenced to 11 consecutive 15-years-to-life sentences for molesting three boys over the course of four years. That case was prosecuted by Deputy District Attorney Allison Jackson.
Martinez-Hernandez was arrested at his home Dec. 23. He is a relative of the victim and an illegal alien.
An arrest warrant issued for Martinez-Hernandez alleged continuous sexual abuse of a child, oral copulation with a minor, incest, possession of a false Social Security card, possession of methamphetamine and possession of marijuana.
Gallegos said the charges other than the continuous sexual abuse of a child were dropped.
Martinez-Hernandez is scheduled to be in court Feb. 3 for a probation report and possible sentencing. Article Last Updated: Saturday, February 14, 2004 - 6:41:23 AM PST
Article Last Updated: Saturday, January 24, 2004 - 6:41:00 AM PST
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Gallegos v. Martinez-Hernandez
By Chris Durant The Times-Standard
Saturday, January 24, 2004
EUREKA -- The Humboldt County District Attorney's Office has reached an agreement with the Ferndale man who continually molested a child over the course of six or seven years.
Pedro Martinez-Hernandez, 39, entered a guilty plea Jan. 6 to one count of continuous sexual abuse of a child.
Humboldt County District Attorney Paul Gallegos prosecuted the case.
The Humboldt County Sheriff's Department said investigating deputies determined there were 1,900 counts of sexual intercourse against the minor and another 1,000 counts of similar instances, like oral copulation and fondling.
"We could charge the one count over and over again or we could charge the continuous act charge," Gallegos said.
Gallegos said the maximum prison sentence Martinez-Hernandez could receive is 16 years.
The California Penal Code states that one count of lewd or lascivious acts with a child carries a maximum penalty of eight years.
It is not uncommon for the District Attorney's Office to make plea agreements. Two high-profile cases recently reached an agreement just before they went to trial.
Humboldt County Superior Court documents indicate defendants in similar cases were sentenced to much longer prison terms.
William Frank II was arrested by the Eureka Police Department in 1999 on 34 counts of felony aggravated assault of a child under 14. In May 2000 he was sentenced by Superior Court Judge Dale Reinholtsen to 29 consecutive 15- years-to-life terms.
In 1998, Alfred Duane Albers Sr. was arrested by the Humboldt County Sheriff's Department on a count of oral copulation of a child under 14 with force and a count of lewd or lascivious acts with a child. He was arraigned on 96 counts of aggravated sexual assault of a child and in May 1999 he was sentenced by Superior Court Judge John Feeney to one term of 15-years-to-life, six terms of 15 years and two terms of eight years, all to run consecutively.
Johnny Ray Crowl was arrested by the Humboldt County Sheriff's Department in 1998 on suspicion of two counts of lewd or lascivious acts with a child and a count of felony sexual penetration with a foreign object. He was arraigned on four counts of lewd or lascivious acts with a child and four counts of aggravated sexual assault on a child. In December 1999 he was sentenced by Feeney to one count of 15-years-to-life in prison and seven 15-year terms, all to run consecutively.
In 1998, Michael John Mendez was arrested by the Fortuna Police Department on six counts of lewd or lascivious acts with a child. He was arraigned on nine counts of lewd or lascivious acts with a child, annoying or molesting a child under 18 and two counts of failing to register as a sex offender. He was sentenced by Superior Court Judge Timothy Cissna in September 1999 to seven consecutive 30-years-to-life sentences and a 12-year term.
These are a handful of similar cases obtained by the Times-Standard.
Jan. 13 this year, Mike Hiscox, 42, was sentenced to 11 consecutive 15-years-to-life sentences for molesting three boys over the course of four years. That case was prosecuted by Deputy District Attorney Allison Jackson.
Martinez-Hernandez was arrested at his home Dec. 23. He is a relative of the victim and an illegal alien.
An arrest warrant issued for Martinez-Hernandez alleged continuous sexual abuse of a child, oral copulation with a minor, incest, possession of a false Social Security card, possession of methamphetamine and possession of marijuana.
Gallegos said the charges other than the continuous sexual abuse of a child were dropped.
Martinez-Hernandez is scheduled to be in court Feb. 3 for a probation report and possible sentencing. Article Last Updated: Saturday, February 14, 2004 - 6:41:23 AM PST
Article Last Updated: Saturday, January 24, 2004 - 6:41:00 AM PST
RELATED STORIES:
TS - Plea bargain made with molester - Jan 24, 2004
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TS - Albin Sheets accuses Gallegos of incompetence - Jan, 2004
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TS - Investigating deputy speaks out on molest case - Feb 13, 2004
Gallegos v. Martinez-Hernandez