Rape trial set for next week

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Courts > Former gas station attendant accused of forcing self on co-worker

The trial of Carlos Martinez, 34, a Los Alamos man who was arrested on three counts of criminal sexual penetration in the third degree in 2013, as well as first degree kidnapping, is scheduled to begin in Los Alamos District Court Monday.
The trial is expected to continue throughout the week.
Martinez was arrested in March 2013 after a co-worker — they both worked at the Chevron gas station at 2373 Trinity Dr. — told police that Martinez sexually assaulted her on March 8, during her work shift.
According to court records, the alleged assault took place between 1-3 a.m. inside the station’s walk-in freezer.
The alleged victim told police she went in to the freezer where the beer and sodas are kept to get some work done. Surveillance camera footage shows Martinez eventually following as well as him propping the freezer door open with an office desk chair. The camera, according to police, also shows Martinez blocking and preventing the alleged victim from leaving the freezer once she knew Martinez was in the freezer with her.
The alleged victim told police that Martinez would only let her leave if “she gave him a hug.” When she did, Martinez still didn’t let her go, allegedly then asking for oral sex. At this point the alleged victim tried to force herself past him but was unable to. He then allegedly threatened to call immigration “and tell them she was a prostitute.”
The alleged victim eventually complied with his wishes and, according to police reports, also had intercourse with her. When he asked for more oral sex, she told him no. In an interview with police, she said at that point, “she was too sick to continue.”
Martinez told police that they indeed engage in oral sex, as well as intercourse inside the freezer, but it was consensual.
He added that they fought, fought and that she “on occasion” declined to have sex with him, but “she would giggle and give in.”