Former Monroe officer receives 14-month sentence for sex crimes

He was a sergeant with the Monroe Police Department, a DARE officer and a member of the Monroe School District Board of Directors. Now a convicted felon, Carlos Martinez was sentenced this week to 14 months in prison and ordered to register as a sex offender.

The sentencing took place Thursday, Jan. 21, in Snohomish County Superior Court before Judge Michael T. Downes. Downes agreed to most of the conditions set forth in the Sentencing Memo filed by Deputy Prosecutor Lisa Paul on Jan. 11, which recommended 14 months in prison, a $500 victim penalty assessment, $100 DNA fee, $1,724.65 in court costs, registration as a sex offender, no contact with the victim for 10 years and numerous other conditions and requirements.

Downes allowed Martinez to remain out of custody pending appeal of his conviction, and imposed a $50,000 bond. He gave Martinez until 4:30 p.m. Monday, Jan. 25 to post the bond.

Martinez has given notice to the court he will appeal the conviction.

Martinez was found guilty of sex crimes in November, after evidence showed he used his position as a police officer to cultivate a sexual relationship with a young female student, secretly videotaping her in various stages of undress for the purposes of sexual gratification. According to testimony by the victim, the abuse began when she was about 14 years old. Martinez, who was married with two young children at the time, had given the victim a job as his family’s babysitter around 2003.

The relationship between the two progressed over the years. In 2009 he was forced into retirement, after the Monroe Police Department began an internal investigation over allegations of a domestic dispute between Martinez and his then-wife.

He separated from his wife, re-enlisted in the military and moved to Texas with the victim, who was over 18 at the time.

The victim is often referred to as “AK” in court documents.

“The defendant was fixated on AK from a very young age, as he confessed to her during one of the video clips played during trial,” wrote Paul in court documents. “Although AK chose to go with the defendant to Texas once she was an adult, her decision was borne out of years of manipulation and grooming by the defendant.”

The jury found Martinez guilty of voyeurism and possession of depictions of a minor engaged in sexually explicit conduct, but due to the statute of limitations he could only be sentenced on the depictions charge. Defense attorney Mark Mestel requested during sentencing that the voyeurism charge be vacated.

Downes agreed to vacate the voyeurism conviction, essentially voiding it, and proceeded to hand down his sentence on the depictions charge.

“The facts in this case are really disturbing,” Downes said.

Downes commented on the preponderance of evidence, which he said tended to show Martinez engaged in a relationship with the young girl based on motives that were not healthy, as he had tried to portray. During testimony in November, Martinez told jurors he secretly videotaped the young girl because he was worried that she was cutting herself and the tapes were not made for the purpose of sexual gratification.

Downes called Martinez’s story about why he made the tapes “implausible.” 

“The jury certainly chose not to believe Mr. Martinez's story, and the jury was well within its realm to reject that,” Downes said. “This was a betrayal of this young woman on a colossal scale.”

Downes said he was aware of the defense’s efforts to discredit the victim and bring to light certain aspects of their relationship, which was extremely sexual in nature.

“But I'm also aware of the fact that she was under Mr. Martinez's influence for years and years. He had a pretty significant role in how she developed,” Downes said.

“And you used her,” Downes said, addressing Martinez directly. “You really used this young woman.”

As a judge, Downes said his primary goal is to do the right thing.

“Your behavior, Mr. Martinez, is, based on this evidence and based on this law, deserving of condemnation in the strongest possible terms. The strongest possible terms,” Downes said. “You were way, way out of line. You were beyond any bounds of propriety, legal or any other bounds anybody could ever even possibly imagine.”

Paul and Mestel haggled over whether or not Martinez should be taken into custody right away. Paul urged the court to impose sentence immediately, stating the case had already dragged on long enough, causing undue stress for the victim. Forcing her to wait even longer for justice to be served was unreasonably traumatic, Paul said.

“The pendency of this criminal case has had a deleterious effect on AK, something she has previously expressed to the court,” wrote Paul in the Sentencing Memo.

But Mestel argued because of the intricacies of the case and the fact that it will be back before an appellate court, Martinez should remain out of custody pending appeal. He stressed that Martinez has never missed or been late to any court proceeding, nor has he attempted to contact the victim since a no contact order was established in 2013.

“You know he's not a flight risk, because you gave him the opportunities and he's always complied,” Mestel said. “Why would you not give him the opportunity to see whether there were any mistakes made that violated his constitutional rights or his right to a fair trial before you make him do the time that you think is appropriate?”

Downes set the bond at $50,000, deviating from Mestel’s requested $5,000 bond, and reminded Martinez he is still required to comply with the conditions of his sentence. He must report to the Washington State Department of Corrections, undergo supervision during the appeal process, register as a sex offender and fulfill other requirements of the order.

Downes said he didn’t like setting the bond pending appeal.  

“But I'm required to follow the law, so that's what I've done,” he said.