LIMA — He accepted a deal from prosecutors minutes before his jury trial was to commence.
His first sentencing hearing was postponed when an unspecified piece of “last minute information” was alleged to have surfaced.
Derrick Martre, 27, of Toledo, was back in Allen County Common Pleas Court Tuesday for a second attempt at sentencing on charges related to his fondling of pre-pubescent girls at a Lima residence last year. And once again, that sentencing failed to materialize.
Martre took a belligerent stance in the courtroom, verbally sparring with Judge David Cheney and prompting the judge to summon additional security and eventually to have the defendant removed from the courtroom entirely. Cheney ordered Martre to watch the remainder of the proceedings from a secure location via a video hook-up, but an equipment malfunction even brought that attempt to a halt.
Martre accepted a deal from prosecutors in May and pleaded no contest to two counts of gross sexual imposition and two counts of pandering sexually-oriented material involving a minor, all third-degree felonies, and one count of the illegal use of a minor in nudity-oriented material, a felony of the second degree. In exchange for that plea, prosecutors dismissed a first-degree felony charge of aggravated burglary.
Martre originally was to have been sentenced June 21 in Allen County Common Pleas Court, but a last-minute motion by the defendant to withdraw his previously-entered plea based on the alleged “new information” resulted in the hearing being postponed. Cheney later denied Martre’s motion and sentencing was rescheduled for Tuesday.
As the hearing began, Martre immediately claimed evidence against him had been collected illegally “and I’m not moving forward with sentencing today,” he told the judge. Repeated attempts by Cheney to bring the hearing into some sort of order failed and Martre was ordered removed.
Cheney set 9:30 a.m. Tuesday as the time and date for yet another attempt at sentencing Martre.
According to court records, on or about May 20 of last year Martre was discovered to have made videos with his cell phone of himself touching two young girls, aged 9 and 6. The incident is alleged to have taken place at a residence in the 400 block of South Metcalf Street in Lima.
Toledo police were alerted after Martre’s girlfriend reportedly found the images on the defendant’s cell phone. A warrant was obtained to allow police to further search his phone and the videos of Martre reportedly fondling the young girls were taken into evidence.
Reach J Swygart at 567-242-0464.