A judge has delayed the sentencing of a man convicted earlier this year of continuous sexual abuse of a child after the victim was unable to attend a hearing Wednesday, Nov. 6.
Juan Antonio Martinez, 42, was convicted of the class AA felony in February after a four-day trial. He was arrested in November 2017 and accused of repeatedly raping a 12-year-old girl. The girl, now 14, testified during the trial that Martinez abused her multiple times in the summer and fall of 2017.
On Wednesday, Nathan Madden, assistant state’s attorney for Williams County, asked Northwest District Judge Benjamen Johnson to delay the sentencing hearing. He said his office had tried to get in contact with the team in charge of the girl’s care but hadn’t been able to.
She had previously said she wanted to give a victim impact statement, so Madden said he thought the hearing would have to be reset, citing both Marsy’s Law and state law about the rights of juvenile crime victims.
“I do not believe it would be appropriate to proceed without her having an opportunity to provide input,” Madden said.
William Sand, Martinez’s defense attorney, asked for the hearing to go forward. He argued the hearing was originally set in September and had been chosen because the girl would be available.
Johnson agreed to delay the sentencing. A new date has not been scheduled.
Martinez faces a maximum sentence of life in prison without the possibility of parole.