The evidence against a Pleasantville couple arrested in the alleged sexual abuse of two children has some factual problems, a judge said in releasing them from jail Friday.
They face charges of first- and second-degree sexual assault, along with four second-degree charges of endangering the welfare of children.
The children disclosed the allegations sometime after they were taken to Florida to live with a family friend in December 2021.
While the affidavits of probable cause said the children told of the alleged abuse about a week after their arrival, the timeline of events does not have them being interviewed by Florida Family Services until late May, pointed out Salvatore Imperiale, who is representing Sergio Martinez.
There is also an August 2022 date given for some of the abuse, which was not possible since the Martinezes have not had contact with the children, who were still in Florida at that time.
“We have no idea when these occurred, judge,” Imperiale said. “I don’t think anyone does."
“It’s not uncommon to not have a specific date when you’re dealing with child victims,” Assistant Prosecutor Louis Casadia responded.
Imperiale also raised questions about how the children were interviewed, noting that the defense was given only a synopsis of what was said by officers who may not have been present.
Even the filings say that “it is recommended that authorized individuals review these interviews in their entirety,” he said.
Christina Martinez's attorney echoed Imperiale's concerns during the detention hearing that followed.
"There are multiple layers of hearsay through which these complaints are being funneled," Lauren Musarra told the judge.
Imperial alleged the interviews did not seem to follow National Center for Prosecution of Child Abuse guidelines.
“In these cases, where suggestibility is always a concern, we should see those interviews,” he added. “I have major suggestibility concerns."
The judge did as well.
Wild noted her four years in the Family Court system handling “these very, very serious cases … this case, to my gut, has some serious factual problems.”
She brought up “parental alienation” that she said can occur when children “are shuffled from place to place and person to person.”
“Over that time period, people plant ideas in children’s heads,” Wild said. “I’m not saying that’s the case here, but I recognize that that does happen from time to time.
“I’m not calling into question the honesty of the children,” she added. “What I’m calling into question is the possible factors of manipulation of these children while they were going from here to there to there.”
A strict Family Court ruling authored by Judge Steve Scheffler has kept the couple from any contact with the children, according to information released during the hearing. Wild said her release order would add a criminal level to that.
An outpouring of support letters from the community on the couple's behalf also helped sway the judge in deciding the couple would not be a danger to the community.
Sergio Martinez, who has learning disabilities, has worked as a custodian at Stockton University for 18 years.
Despite claims from the person who reported the alleged abuse that Martinez was previously investigated by the school, that was proven untrue by Pleasantville police, Imperiale said.
Casadia argued that, in addition to the sexual abuse allegations, the children had been removed from school and also had signs of neglect, including rotting teeth and an untreated health issue with the boy.
But it's the sexual abuse allegation — which can carry a life sentence under the Lunsford Act — that put the burden on the defense to overcome the presumption of detention, the judge said.
“To hold this defendant in custody during that time period is not supported by the evidence that is before the court at this time," she said.
Casadia raised concerns about a "day care," he said the couple used to run and a new one that was advertised on the side of Sergio Martinez's car noted by the Pleasantville officer who made the arrest.
BreakingAC found that Christina Martinez — who has a master's, according to a degree posted on Facebook — was advertising an open house at the Youth Enrichment Center that is registered to her as recently as December.
The still-active website describes it as a Christian faith-based homeschooling center for pre-kindergarten through 12th grade. It lists the address as 6577 Delilah Road in Egg Harbor Township.
The judge said there was not enough information on that presented to the court, but included a part of her release order barring the couple from having any type of school or daycare.
They also cannot have contact with anyone younger than 18.
Casadia asked in both cases that the release be stayed while his office decided whether they would appeal. The judge denied that request.
Both are now free.
