OKLAHOMA CITY — A former Oklahoma City police sergeant accused of sex crimes against some of his former foster sons fights to have some critical evidence thrown out of court.
Maurice Martinez is facing more than a dozen criminal counts ranging from sexual abuse of a child to possession of obscene materials involving a minor.
Early on in the investigation, officers seized Martinez’s iPhone.
Thursday the defense fought to have that phone thrown out as evidence.
In the end, the judge ruled the phone and the pictures found on it can be presented during trial.
“Obviously we’re somewhat disappointed the judge did not throw out all the evidence,” Martinez’s attorney David Slane said.
The reason the iPhone is important, prosecutors claim they found numerous pornographic pictures of potentially underage boys.
“There were pictures of young boys found. Let’s be candid, that’s what he’s accused of. But lots of people had access to the phone and we’re not sure the state can prove Martinez possessed those photos,” said Slane.
For his part, Martinez blamed some of his former foster sons for the incriminating pictures on his phone.
“I know I never saw the images or they would have been deleted. If I found out who did it, they would be disciplined for on that,” Martinez said.
The iPhone issue aside, after court both sides left confident they’ll prevail during trial.
“We lost this one, but there’s many more to win. We’ll be alright,” Martinez said.
The judge also set a trial date in the case.
Martinez is now set to face a jury in late August.