Ramon Martinez was charged Sept. 29, 2011 with sexually assaulting a child, a first-degree felony.
The girl’s mother brought her child to Martinez’s house because the mother planned to smoke meth. While the girl was sleeping on a couch, Martinez allegedly sexually assaulted her, Chief Deputy District Attorney Dustin O’Brien said in his opening statement.
Stephen Taylor, Martinez’s attorney, said there will not be enough evidence to convict his client.
He said the girl’s mother didn’t report the crime and law enforcement only became aware of the incident four days later when one of the girl’s relatives notified the San Juan County Sheriff’s Office.
Taylor said during the trial he will call an expert witness who has analyzed the girl’s sexual-assault exam and the witness will say there is not enough physical evidence to say for certain whether the girl was assaulted or not.