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Charges amended, added in rape case

Friday, October 2, 2009

Several new charges were added and two original charges were amended at the end of a preliminary hearing on Thursday in a case alleging kidnappings, rapes, and other assaults against an Emporia woman.

Danny Martinez was bound over for trial at the end of the hearing in Lyon County District Court.

According to a synopsis of the actions taken on Thursday, after testimony from the victim, the first count against Martinez was amended to allege aggravated battery, from a Level 4 to a Level 7, Person Felony. He was bound over for trial on the amended charge.

Martinez was bound over as charged on Counts 2, 3, and 4 – aggravated assault, kidnapping and rape – and on Count 8, rape.

Count 5, attempted aggravated criminal sodomy, was amended to remove the word “attempted” and he was bound over for trial for aggravated criminal sodomy.

He also will face trial on a second kidnapping charge, with the date of occurrence amended to between Aug. 31 to Sept. 2.

One count of kidnapping was dismissed.

Added to the list of charges against Martinez were two counts of criminal threat, one count of aggravated assault, and one count of aggravated burglary, all alleged to have occurred on Aug. 28.

Three additional counts also were charged for crimes alleged to have occurred on Aug. 31: criminal threat, aggravated assault, and aggravated battery.

An additional count of rape also was added.

The court did not proceed to arraignment on Thursday because of the amendments to the complaint.

Pretrial motions and an arraignment are scheduled for 1 p.m. on Oct. 28.

Comments

biscuitboy (anonymous) says...

I can't wait for the comments from the more enlightened among us who will surely start crying about how she must have wanted it.....and it was all her fault.

October 2, 2009 at 5:09 p.m. ( | suggest removal )

ProudMommy (anonymous) says...

Coming from someone who has seen this COUPLE happily together plenty of times, and who knows Danny I can tell you that he is a very friendly person. I'm sure people will either be extremely negative about this comment or it will be deleted but his friends are neighbors of mine and both him and this girl were over there daily. Arrived together, left together, they were a couple. (I am not trying to imply that I don't consider this to be rape if true but more that she isn't just some random girl he "kidnapped" off the street as this article may make you assume) He was always very nice. I know people aren't always what they seem but I just can't believe this for a single second especially after hearing what I believe is the actual truth. If this is really a case of rape and not revenge then I know justice will be served but please people keep an open mind...Things aren't always what they seem!

October 2, 2009 at 9:33 p.m. ( | suggest removal )

me (anonymous) says...

ProudMommy, iam glad you wrote this I thought it to be random and yes it does change things I DONT take rape lightly by no means but I know there are women out there when relationship turns sour go for revenge I dont know enough about this case but I have opened my mind thanks to your comment

October 5, 2009 at 8:35 a.m. ( | suggest removal )

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