The Martinez Marriage Revenge

This was the actress's third marriage. She was wed to baseball star David Justice from 1993 to 1997, then Eric Benet from 2001 to 2005. This was the first marriage for Martinez, 49, who had been previously tied to singer Kylie Minogue for some time.

The Martinez Marriage Revenge

Dawn C., the victim, was born on June 26, 1977. In 1983, Dawn lived with her mother, Brenda H., and her two brothers in the front part of a duplex. Appellant, Dawn's uncle, lived in the back of the duplex with his wife and children. Appellant's wife and Dawn's mother are sisters. At the time of the trial, appellant was in the process of dissolving his marriage.

At trial, appellant, who was the sole defense witness, testified that he never molested Dawn. Appellant testified that there was always someone around at his work. Appellant thought that Dawn made up the charges because she was mad at him for having the authorities take her away from her mother. Appellant also thought that the charges were part of a revenge plot on the part of Dawn, her mother and his former wife.

Appellant testified that he did not molest Dawn and that he thought that she made up the charges because she was mad at him for having reported her mother to the police which led to Dawn's being placed in appellant's custody. Appellant felt that the charges were part of a revenge plot against him by Dawn, her mother, and his former wife (the sister of Dawn's mother). Appellant, who was the sole defense witness, testified that there was always someone about at his work.

Dawn did not testify about any specific dates, but rather a series of occurrences at home and at appellant's place of work. Dawn's testimony was corroborated by Dr. Stanincova's testimony that she found medical [206 Cal. App. 3d 830] evidence which substantiated Dawn's statements. Based on appellant's incriminating statement to the police that "he had not actually penetrated her vagina, but he had only rubbed his penis against her vagina," it is highly improbable that his subsequent trial testimony would have been believed by the jury. The fact that three years elapsed before the incidents were reported to the police certainly would have attenuated the revenge defense offered by appellant. 041b061a72