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Suspect pleads guilty in
child sex-assault case

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By Debra Barayuga
Star-Bulletin

A convicted sex offender may face up to 10 years' imprisonment after pleading guilty to reduced charges of felony sexual assault and pornography charges involving a 12-year-old boy.

Gilbert Martines, 53, a former intermediate-school teacher who has a master's degree in anthropology and was working toward a doctorate in American studies, yesterday pleaded guilty to attempted second-degree assault and promotion of child abuse, punishable by 10 years and five years, respectively.

He will be sentenced March 15. The Paroling Authority will decide exactly how long he must serve before he is eligible for parole.

Deputy Prosecutor Marcus Sierra was pleased with the plea agreement, saying it takes a known sexual offender off the streets for at least 10 years.

He characterized Martines as "extremely dangerous" because despite a previous conviction in 1982 and undergoing sexual offender treatment, "he persisted in his conduct."

In the instant case, Martinez is accused of enticing the 12-year-old in April 1999 into his McCully apartment with his collection of virtual reality games and "X-Files" tapes. He allegedly attempted to seduce the youth by complimenting his "nice eyes" and how good his hands smelled.

When the boy returned the next day, Martines allegedly engaged the boy in conversation, explaining why he preferred boys over girls because of their "smooth bodies" and how he performed oral sex. He then asked the boy if he wanted oral sex. The boy declined and also rebuffed other efforts by Martines to get him to take a nap or hug on the bed before he left.

The boy reported Martines to officials at his school who notified the boy's parents. Police searched Martines' apartment two days later and found in his computer photo files of minors engaged in sexual conduct -- the basis for the second charge.

Valerie Vargo, attorney for Martines, said her client went with the plea agreement because given the evidence, "it was the best he thought he could do."

The evidence the state had, particularly for the pornography charge, was "insurmountable," she said.

Martines' previous conviction in 1982 was for second-degree sodomy and first-degree sex abuse involving a 12-year-old and 15-year-old boy.

Shortly after Martines was indicted in the April 1999 case, a 16-year-old boy came forward saying Martines had sexually assaulted him three years earlier and filed a complaint with police. But the case was never presented to prosecutors and the statute of limitations expired.