Court upholds firing of Asbury cop who had sex with woman he arrested

Austin Bogues | Asbury Park Press

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An appellate court panel upheld the firing of an Asbury Park police officer for having a sexual relationship with a woman he arrested on drug charges.

The ruling by the Superior Court, Appellate Division, upheld the July 2015 termination of Patrolman Antonio Martinez, who joined the force in June 2007 and had an "unblemished record" until the events leading to his removal.

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Martinez initially denied the sexual relationship in an interview with the Monmouth County Prosecutor's Office, according court documents, but later admitted to the affair during a police department disciplinary investigation.

"Specifically, he admitted that he had sex with the woman while the criminal charges were pending, and again after her criminal case was resolved," according to the documents.

According to an earlier decision by Administrative Law Judge Laura Sanders, Martinez and another officer arrested the woman on Sept. 14, 2014.

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The woman, who was only identified in court papers by the initials E.B., was charged with possession of a controlled dangerous substance and possession of drug paraphernalia. The officers then took the woman to the police station, and discussed the possibility of her becoming a confidential informant.

The woman initially agreed, but the next day called to say she no longer wished to become an informant. The woman and Martinez continued to communicate. Court documents said their relationship eventually took a personal turn.

The woman contacted Martinez for help at a later unspecified time saying she had a needle stuck in her arm. Martinez took her to the hospital for treatment.

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In November 2014, Martinez met the woman in a Walmart parking lot, where the two were "intimate" in his truck. "On a later occasion, they met similarly at the beach in Belmar," the documents state.

Authorities were notified about the relationship after a relative of the woman became aware of it and contacted them.

Judge Sanders' decision said all the evidence indicated the intercourse was consensual. Nonetheless, she found that Martinez "had committed conduct unbecoming a public employee and had violated multiple police department rules."

The appellate court panel said the termination was appropriate, notwithstanding Martinez's "otherwise unblemished record."

Neither Martinez nor his attorney was immediately available for comment.

Austin Bogues 732-643-4009; abogues@gannettnj.com

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