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Case Number: 1:20-cr-00098
Judge: Frederick Block
Court: United States District Court for the Eastern District of New York (Kings County)
Plaintiff's Attorney: United States Attorney’s Office in Brooklyn
Description: Brooklyn, New York criminal defense lawyer represented the Defendant charged with r two counts of sexual exploitation and attempted sexual exploitation of a minor, one count of attempted receipt of child pornography and one count of possession of child pornography.
Timothy Martinez was employed as a police officer by the New York City Police Department and immediately prior to his arrest, was a sergeant in the U.S. Army Reserves. Martinez was convicted by a federal jury in May 2023 following a one-week trial.
Breon Peace, United States Attorney for the Eastern District of New York, Ivan J. Arvelo, Special Agent-in-Charge, Homeland Security Investigations, New York, and Edward A. Caban, Commissioner, New York City Police Department (NYPD), announced the sentence.
“The defendant, a former New York City police officer and an Army reservist, was a predator hiding in plain sight, who preyed on vulnerable victims he believed had been sexually abused,” stated United States Attorney Peace. “For these unconscionable, disgraceful crimes, today’s substantial jail sentence is not only well-deserved, but necessary to protect the community.”
“As a police officer, Timothy Martinez pledged to keep the people of New York City safe from predators, but instead became one himself. Today, justice is served as he finds himself behind bars," stated HSI New York Special Agent-in-Charge Arvelo. “HSI New York is proud to have had a hand in taking this dangerous man off the streets.”
“Today’s sentence sends the unequivocal message that no one is above the law,” stated NYPD Commissioner Caban. “Mr. Martinez’ reprehensible behavior violated his sworn oath as a police officer, breached the public trust, and tarnished the shield he once wore. The NYPD and our law enforcement partners remain steadfast in our commitment to identify and hold accountable all such criminal predators. I thank HSI and the U.S. Attorney for the Eastern District of New York for their important work on this case.”
Between October 2016 to March 2017, Martinez engaged in live video sex chats with Jane Doe-1, who was then 16-years old. Additionally, between September 3, 2012, and November 2016, Martinez engaged in live video sex chats with Jane Doe-2, starting when she was 13-years old. During some of those video chats, he convinced both Jane Doe-1 and Jane Doe-2 to show him their nude bodies and perform sexual acts. Martinez also attempted to purchase child pornography from an individual who he believed was a 14-year-old girl. Finally, Martinez possessed hundreds of still images and several videos of child pornography, including images and videos of known victims of child abuse.
This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Department of Justice Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Assistant United States Attorneys William P. Campos and Chand W. Edwards-Balfour are in charge of the prosecution with the assistance of Paralegal Specialist Allison Henry and the Victim Witness Team including Coordinator Lisa Foster, Lillian Tejada and Gladian Rivera.
Title 18, United States Code, Sections 2251(e) and 3551 et seq.) SEXUAL EXPLOITATION AND ATTEMPTED SEXUAL EXPLOITATION OF A CHILD.
Outcome: ONE HUNDRED AND EIGHTY (180) MONTHS ON COUNTS 1(s) AND 2(s) AND SIXTY (60) MONTHS ON COUNTS 3(s) AND 4(s) OF THE SUPERSEDING INDICTMENT. THE SENTENCE IMPOSED ON EACH COUNT SHALL RUN CONCURRENTLY TO EACH OTHER FOR A TOTAL TERM OF ONE HUNDRED AND EIGHTY (180) MONTHS TO BE FOLLOWED BY FIVE (5) YEARS OF SUPERVISED RELEASE WITH THE FOLLOWING SPECIAL CONDITIONS: (1) THE DEFENDANT SHALL COMPLY WITH THE RESTITUTION ORDERED IN THIS JUDGMENT; (2)THE DEFENDANT SHALL REFRAIN FROM CONTACTING THE VICTIMS OF THIS OFFENSE; (3) THE DEFENDANT SHALL REGISTER AS A SEX OFFENDER; (4) THE DEFENDANT SHALL PARTICIPATE IN A MENTAL HEALTH TREATMENT PROGRAM FOR SEXUAL DISORDERS AS DIRECTED BY THE PROBATION DEPARTMENT; (5) THE DEFENDANT SHALL NOT ASSOCIATE WITH OTHER CONVICTED SEX OFFENDERS; (6) THE DEFENDANT SHALL NOT ASSOCIATE WITH CHILDREN UNDER 18, UNLESS ACCOMPANIED BY ANOTHER ADULT; (7) THE DEFENDANT SHALL NOT CO-HABITAT WITH AN INDIVIDUAL WITH MINOR CHILDREN; (8) THE DEFENDANT SHALL COMPLY WITH THE STANDARD SEARCH CONDITION; (9) THE DEFENDANT SHALL NOT USE A COMPUTER WITH INTERNET CAPABLE DEVICE OR SIMILAR ELECTRONIC DEVICE AND (10) THE DEFENDANT SHALL REPORT TO PROBATION ALL ELECTRONIC COMMUNICATION SERVICE ACCOUNTS. THE DEFENDANT SHALL PAY A $400.00 SPECIAL ASSESSMENT. THE DEFENDANT SHALL PAY $3,000.00 RESTITUTION TO "JENNY." THE DEFENDANT SHALL COMPLY WITH THE PRELIMINARY ORDER OF FORFEITURE CONTAINED IN THE JUDGMENT.
Defendant was sentenced to 15 years in prison.