Jose Martinez made an unexpected court appearance today at the Westchester County Court in White Plains, NY to enter a guilty plea as to a course of sexual conduct against a child in the 2nd degree, a class D violent felony. Under the plea agreement, Martinez admitted he had anal and/or oral sexual contact with a then 14-year old male student at the Isaac E. Young Middle School.
Martinez was released on his own recognizance.
In exchange for admitting guilt and avoiding the necessity of the victim having to testify at a trial, Martinez received a "sentence promise" from Criminal Court Judge Susan Cacace that he will receive a six month sentence of "shock probation" which will amount to 119 days in jail or "time served", according to Tracey Everson, spokesperson for the Westchester County District Attorney. Martinez is otherwise facing 7 years in prison.
Martinez will also be placed on probation for 10 years and classified as a registered sex offender. The level of sex offender status will be determined at a future hearing for that purpose.
Martinez will be back in court of October 7th for sentencing.
Martinez' will retain his education licenses as a teacher and administrator in New York State pending a separate action by the New York Department of Education.
Jose Martinez, 38, was arrested on Thursday March 24, 2011. He was charged with Sexual Molestation-2nd Degree, accused of oral sex and sexual contact with a 14-year old student at Isaac Young Middle School up until June 2010. As first reported on Talk of the Sound, Martinez abruptly resigned his position as Assistant Principal of Jefferson Elementary School, a position to which he was promoted over the summer. He began serving as the Jefferson AP last September.
UPDATE 7/21:Lucian Chalfen, a spokesperson for the Westchester County District Attorney, said there will be a "pre-sentence" report based on interviews with Martinez. The "sentence promise" is based on Martinez having admitted guilt to a course of sexual contact. At the time of his arrest the "course", meaning a series of repeated acts not a single act, occurred over a period of time between February and April 2010. If, for any reason, Martinez does not honor the deal made with the judge, the judge can give him an increased sentence or set a trial.
UPDATE 7/21:This story has been updated to reflect that Martinez appeared before Criminal Court Judge Susan Cacace in the Westchester County Court in White Plains, NY. Martinez' previous appearances were in the City Court of New Rochelle in New Rochelle, NY.
NOTE: This story originally reported "Jose Martinez walked out of the Westchester County Jail in Valhalla, NY earlier today. He was released on his own recognizance. Martinez is next scheduled to appear in the New Rochelle City Court court on August 4th." and has since been updated based on information provided by the Westchester County District Attorney.
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