By Allison Hodge
SACRAMENTO, CA — Defendant Adam Martinez was recommitted to County Jail and held without bail Wednesday in Sacramento County Superior Court Dept. 63 after new evidence and arguments from the prosecution.
Judge Patrick Marlette revoked the defendant’s level six pretrial release conditions that were granted earlier. Martinez faces one count of child endangerment and one count of child abuse against his eight-month-old baby.
Deputy District Attorney Quirina Orozco asked to be heard on the defendant’s bail status after she discovered photographs that showed the injuries to the child at the time of the alleged abuse. She relayed to the court the severity of the injuries, which included bite marks and bruises all over the baby’s body.
Orozco argued that the discovery of the photographs represented a change in circumstances. Although the pictures were not shown in court, she claimed that “They appear to be very disturbing and graphic.”
The prosecution added, “As awful as it was to look at those photos, I would be derelict in my duties as a prosecutor to not have provided those to the court for review.”
Orozco went on to argue that the photos show a degree of “dangerousness and callousness” that reflect the seriousness of the allegations and injuries to an infant child. She maintained, “When you see the gravity of the photos, it shocks the conscience…it offends our basic values.”
“Biting as a form of punishment,” Orozco continued, “is a little different…it is more intimate and depraved and animalistic.”
The prosecution also asserted that Martinez is a flight risk, citing his tendency to lie to police officers when questioned about the child’s injuries and history of domestic violence. The defendant reportedly admitted to pinching and biting the child in a call with an officer, but later allegedly changed his story and lied to detectives.
Orozco maintained that an ankle monitor, as previously ordered, was not sufficient to protect the public, and asked for the initial bail to be reinstated.
Private defense attorney Jonathan Gonzalez responded with the complaint that everything the people mentioned was already ruled on and that there was no change in circumstances.
Gonzalez maintained that the photographs were already in the possession of law enforcement officers. Nothing, in other words, had changed since the ruling was made last week, he maintained.
The defense alleged, “All she’s doing is repeating over and over again the facts of this case. They’re not even facts, they are what she thinks are the facts.”
Gonzalez also noted the prosecution failed to consider that the mother initially told police officers that there was never any domestic violence inflicted on her. It was only when Child Protective Services got involved that she alleged he was a very violent person.
The defense concluded that Martinez had no prior criminal history and was best served with a GPS ankle monitor.
Judge Marlette then made a few observations before ruling on bail and maintained that the photographs did represent a change in circumstances. He affirmed the people’s assessment of the pictures and stated that he too believed they “shock the conscience” after viewing the graphic injuries for himself.
In other words, the judge suggested, there is a difference between the court hearing about bites and bruises, and actually seeing the graphic nature of the photographs.
Judge Marlette ultimately ruled that the charges and evidence point to a substantial possibility of great bodily injury to the public or others upon release.
Considering the allegations of previous domestic violence and the gravity of the photographs, Judge Marlette ordered the defendant to be held in custody without bail for the time being.
The case is set to return on Aug. 17 for further proceedings.
