The efforts of a 40-year-old Greeley, Colorado man to get relief from the conviction and sentence here in Reno County for two counts of rape is still bouncing around the courts.
Anthony Martinez filed a “Habeas Corpus” motion some years back and the issue was supposed to come before Judge Trish Rose today for a status hearing, but that didn’t happen. Apparently some miss communication with the prosecutor assigned the case which is Kevin O’Conner. He didn’t show in court. O’Conner is a special prosecutor for the Attorney General’s Office, but we are now told that he’s now a city prosecutor with the city of Derby.
Judge Rose attempted to make contact with him Friday morning from her office, but he couldn’t be immediately reached. So we have no new date for the hearing in the case which is now years old.
Martinez was convicted back in 2000 after two jury trials on two counts of rape, over sexual contact with a child under 14 who he apparently brought with him from Colorado to babysit his kids during softball tournament at Fun Valley. That was in Sepetmber of 1998, and allegedly he had sex with the child twice while they were staying in a Hutchinson motel room.
His argument was over ineffective counsel both at the trial level and also the appellate level are part of his motion.
At one time the motion was dismissed, but The Kansas Court of Appeals agreed with the state and now retired Judge Richard Rome that as a matter of law, the defendant had waived his attorney client privilege by filing the civil case, but said Judge Rome had erred when he dismissed the entire filing, and ordered it back to court for further proceedings.
Judge Rose agrees that this case needs to be settled and may be rescheduled in the very near future.