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Accused child predator pleads guilty

Man accused of raping boys pleads guilty

Updated: Monday, 06 Feb 2012, 1:23 PM MST
Published : Monday, 06 Feb 2012, 1:23 PM MST

ALBUQUERQUE (KRQE) - A New Mexico man is facing at least 15 years in jail after he pleaded guilty Monday to manufacturing child pornography.

Joseph Martinez was arrested back in 2009 after sheriff's deputies stumbled upon dozens of videos they say showed him raping young boys.

While the district court case faces some setbacks, federal prosecutors were able to move forward.

As part of a plea deal 53-year-old Joseph Martinez pleaded guilty Monday to one count of manufacturing child pornography.

This case started back in April of 2009 when a 911 hang up call was made from Martinez' Tijeras home.

Deputies say when they got there, there was no answer but the door was open so they went inside to see if everyone was okay.

That's when they say they found in plain sight hundreds of videos and pictures of child pornography.

Most of them were of Martinez performing sex acts on boys.

A judge later ruled those videos inadmissible saying the search of Martinez' home was unconstitutional.

As they continue to appeal that ruling federal prosecutors were able to move forward using the testimony of one of the victims and witnesses.

”The fact of the matter is Mr. Martinez took responsibility today for his actions being sentenced in near future and go from there,” attorney Sam Bregman said.

Under the plea agreement Martinez will face 15 years behind bars, the minimum allowed under that charge. But the judge said he has the ultimate say during sentencing and could sentence Martinez to 30 years in prison.

If the judge opts for the 30 year sentence Martinez will have the option of withdrawing his plea and choosing to go to trial instead.
 


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