State won't seek death penalty for man indicted on child sexual abuse charges
A grand jury has returned an indictment charging an Ocala man, Daniel Martinez, with three counts of sexual battery on a child younger than 12 and four counts of lewd lascivious molestation on a child younger than 12.
According to a new state law, the State Attorney's Office could seek the death penalty for those charges. However, in this case, prosecutors said they won't pursue capital punishment.
Circuit Judge Lisa Herndon presided over the grand jury proceedings at the Marion County Judicial Center on Thursday. Assistant State Attorney Barbara Harris presented the case to the grand jury. She is expected to prosecute the case.
Grand jury proceedings are closed to the public.
The new law, which took effect Oct. 1, says a grand jury must consider any case of capital sexual battery on a child younger than 12. The state must secure a grand jury indictment, regardless of whether it will seek the death penalty. This requirement also is in place for first-degree murder cases. In all other cases, the State Attorney's Office can file charges on its own, without a grand jury returning an indictment.
Since Oct. 1, this is the first time a Marion County grand jury has been asked to review a capital sexual battery case. In the entire 5th Judicial Circuit, which covers Marion, Sumter, Lake, Citrus and Hernando counties, prosecutors have secured five indictments for capital sexual battery on a child younger than 12.
Prosecutors in Lake County signaled their intent to seek a death sentence for Joseph A. Giampa of Leesburg, indicted on six counts of sexual battery on a child younger than 12 and three counts of promoting a sexual performance by a child. Giampa eventually sought, and was granted, a life prison sentence without the possibility of parole.
On March 29, a handcuffed Martinez faced Circuit Judge Anthony Tatti for his first appearance hearing. The judge listed Martinez's charges and said there was probable cause for his arrest. Martinez, who has no criminal history, told the judge his lawyer is Christopher Doty, an Ocala defense attorney.
Assistant State Attorney Danielle Ruse told the judge her office expects to seek pre-trial detention for Martinez. Until that request is made and considered, Martinez will be held without bail. His next court date is April 30.
Comments from Martinez's lawyer
Doty told a Star Banner reporter that his client is "an upstanding resident of the community and a devoted Jehovah Witness."
The lawyer is asking Martinez's family and friends "not to rush to judgment" and said "everything is not always as it seems."
"Let the process play out," he said.
He said once the detective told him Martinez will be arrested, Martinez immediately surrendered to law enforcement.
Doty will argue against Martinez's pre-trial detention. He said Martinez doesn't have a prior record or conviction. Secondly, he said it's difficult to prepare a case when there is limited opportunity to meet with his client. Third, he said Martinez could wear an ankle monitor so he could work or be on home detention while awaiting trial.
Doty argued that pre-trial detention is "not meant for people like Mr. Martinez."
Why detectives arrested Martinez
Allegations against Martinez surfaced in January, when a Department of Children and Families investigator visited a local school to conduct interviews. Someone had called the agency to report victims had been abused by Martinez.
Detective Jordyn Batts of the Marion County Sheriff's Office also was assigned to investigate the allegations.
The children were interviewed at Kimberly's Center for Child Protection. The interviewers were given details of separate instances where Martinez allegedly had sexual contact with the children. The behavior includes touching and intimate contact, authorities said.
The acts occurred at night, according to the victims. Detectives believe the incidents began in September 2020 and ended in January 2024.
Prison: 20 years in prison for woman charged with child sex crime
Sheriff's officials were told Martinez claims one victim forced herself on him. Martinez told the child to stop, but never reported the alleged encounter, according to officials.
At the end of the detective's investigation, a warrant was obtained for Martinez's arrest.
Contact Austin L. Miller at austin.miller@starbanner.com
This article originally appeared on Ocala Star-Banner: Grand jury indicts man on multiple child sex charges
