Prosecution Witness, Matthew Martinez, NM State Police
Prosecution witness Matthew Martinez - By District Attorney, Donald Gallegos, plus cross by Sara Montoya, Defense Attorney
Judge Baca: Alright. We are on the record on December eighth, two thousand and eight, at three fifty-five in the matter of State of New Mexico versus Wayne Bent. Counsel and Mr. Bent appear in person in the courtroom. We just returned from our afternoon recess. Before we bring the jury in, let me just remind the members of the audience and all those who are here in attendance that this is a Court proceeding and I’d ask the people behave in accordance, with that we want to have appropriate decorum in these proceedings and if there’s any sort of giggling or snickering, I want that to stop. If it persists, I will have you removed and you won’t be permitted to sit in on these proceedings. So let’s act accordingly. Alright. Is the State ready to have the jury?
Donald Gallegos: Yes, your Honor.
Judge Baca: The Defense?
Ms. Montoya: Yes, your Honor.
Judge Baca: Alright. Let’s get the jury in.
(Jury enters the courtroom)
Judge Baca: Alright. Thank you. You may be seated. Ladies and gentlemen, please be seated. The State may call its next witness.
Donald Gallegos: Your Honor, we call Agent Matt Martinez.
Judge Baca: Agent Matt Martinez, please.
(Agent Matt Martinez is sworn in by Judge Baca)
Judge Baca: Please have a seat there and state your name.
Agent Martinez: My name is Matthew Martinez.
Judge Baca: You may proceed, Mr. Gallegos.
Donald Gallegos: Thank you, your Honor. What is your title, sir?
Agent Martinez: I’m an agent with the New Mexico State Police.
Donald Gallegos: How long have you been an agent?
Agent Martinez: Oh, about six years.
Donald Gallegos: And before that what did you do?
Agent Martinez: I was a patrol officer with New Mexico State Police.
Donald Gallegos: And as a criminal agent what are your duties?
Agent Martinez: Mostly to investigate violent crimes, child crimes.
Donald Gallegos: Any other crimes?
Agent Martinez: Pretty much anything else robberies, kidnappings.
Donald Gallegos: Whatever’s thrown at you?
Agent Martinez: Yes, sir.
Donald Gallegos: And do you have any education or training in this field?
Agent Martinez: Yes, I do.
Donald Gallegos: What would that be?
Agent Martinez: I was trained through the New Mexico State Police through their training academy. Also, I’ve had post academy training.
Donald Gallegos: So do you take continuing education?
Agent Martinez: Yes.
Donald Gallegos: Alright. And have you had occasion to investigate different types of crimes?
Agent Martinez: Yes.
Donald Gallegos: Probably too many to remember?
Agent Martinez: Unfortunately.
Donald Gallegos: Agent Martinez, were you employed with the State Police around April of this year?
Agent Martinez: Yes, I was.
Donald Gallegos: And do you recall in what capacity that was?
Agent Martinez: Excuse me?
Donald Gallegos: In what capacity that was?
Agent Martinez: I was an agent with the New Mexico State Police.
Donald Gallegos: Do you recall becoming involved in a case regarding two young ladies named L.S. and A.S.?
Agent Martinez: Yes, I do.
Donald Gallegos: Can you tell the jury how that came about?
Agent Martinez: Sure. I was contacted by my supervisor, Sergeant Chris Valdez, who’s out of Espanola and said that one of the Clayton officers needed assistance with a Safe Room interview that was being held here. Told me to go to the Safe Room with him and assist him with whatever else he needed. I proceeded over there. I met with Officer Ben Romero, who also goes by David Romero. He kinda briefed me on the case and asked that I sit in with him on the Safe Room interviews, since I don’t believe he had done any before that.
Donald Gallegos: Agent Martinez, did you travel to Clayton?
Agent Martinez: Excuse me.
Donald Gallegos: Did you travel to Clayton?
Agent Martinez: No. The Safe Room interviews were done here, here in Taos.
Donald Gallegos: And so that began your participation?
Agent Martinez: Yes.
Donald Gallegos: Did you go to the Safe Room interview?
Agent Martinez: Yes, I did.
Donald Gallegos: And do you recall how long that took?
Agent Martinez: I don’t remember exactly, it’s probably there a couple of hours.
Donald Gallegos: Now what’s your role, when you go to a Safe Room interview? What do you do there?
Agent Martinez: What they do is they place us in a separate room. The room has some video monitors and you can watch what’s going on in the room, in the room next to you. And you can also hear what’s going on in the room while there’s an interviewer that goes in with the child and talks with him.
Donald Gallegos: Why is it important to have an officer there?
Agent Martinez: That way, in case anything criminal comes forward, we can proceed with what we need to do from that point.
Donald Gallegos: Do you participate in the interview?
Agent Martinez: Uhm... the interviewer will come in and ask if we have any other questions, but aside from that, no.
Donald Gallegos: Do you recall if you participated in this one?
Agent Martinez: I don’t recall.
Donald Gallegos: Ok. And Agent Martinez do you recall who else was there?
Agent Martinez: Agent Nick Carlson with the New Mexico State Police was there. Officer Ben Romero, and I believe Kat Duff was there and Julie K.B. Hill. I don’t remember who else was there.
Donald Gallegos: And were you there for the interview of L.S.?
Agent Martinez: Yes, I was.
Donald Gallegos: And what about A.S.?
Agent Martinez: Yes.
Donald Gallegos: So you listened through the whole interview?
Agent Martinez: Yes.
Donald Gallegos: And then what was your involvement after that?
Agent Martinez: After that we went, we kinda all got together. They decided that there was a journal or something that one of them had in a car, either L.S. or A.S. I don’t recall right now. And it was in a State car so Officer Ben Romero obtained a search warrant for that car in order to obtain that journal. Agent Carlson and, I believe, Emilio Chavez of the D.A.’s Office assisted him in doing that search warrant. The search warrant was executed on the car and Agent Carlson took possession of that.
Donald Gallegos: And where is that journal now?
Agent Martinez: It’s currently in evidence in Santa Fe, the evidence locker.
Donald Gallegos: Alright, what happens when you take something into evidence? What do you do?
Agent Martinez: We’ll do a chain of custody and then it’ll be, when we take it to evidence the custodian over there will sign that chain of custody and it will be place into the locker.
Donald Gallegos: Why do you do that?
Agent Martinez: Just to show who’s come in contact with this particular item?
Donald Gallegos: Ok. Is it to prevent anything from happening to that particular item?
Agent Martinez: Yes.
Donald Gallegos: Like what kind of things might happen?
Agent Martinez: It could get lost and you’ll know who the last person was that had it.
Donald Gallegos: Is there anything else that might happen such as tampering, or messing with it or altering it?
Agent Martinez: Yeah. Right.
Donald Gallegos: Ok. Now what else did you do regarding this case?
Agent Martinez: We briefed with the D.A.’s Office and they decided that they needed to talk with a couple of more children, who they felt may be in danger at the Strong City compound up in Union County. Uhm... those two children were also picked up and Safe Room were done on them as well.
Donald Gallegos: And the purpose for that was what?
Agent Martinez: To corroborate the information we had obtained in the first Safe Room.
Donald Gallegos: But those two other individuals are not the subject of this case to your knowledge?
Agent Martinez: Excuse me?
Donald Gallegos: Those other two individuals that needed to be picked up are not the subject of this case to your knowledge?
Agent Martinez: Correct.
Donald Gallegos: So, aside from that, what did you do next?
Agent Martinez: Excuse me. I had to get some water. My mouth’s drying out.
Donald Gallegos: Yes sir.
Agent Martinez: Ok. After that, we all got together again and decided that we were going to go ahead and do an arrest warrant on Mr. Wayne Bent. We also did a search warrant on the premises in Union County, but it was only for the person of Wayne Bent. It wasn’t for everything there. It was just to locate his person and take him into custody.
Donald Gallegos: Ok. And was that done?
Agent Martinez: Yes, it was.
Donald Gallegos: Did you participate in it?
Agent Martinez: Yes, I did.
Donald Gallegos: Can you tell the jury what happened?
Agent Martinez: We proceeded over there. We all met in Raton, early in the morning and discussed what we were going to do from that point. We proceeded to the Strong City compound. We had to cut the chain at the gate to get in. Proceeded into the area, located Mr. Bent inside a trailer, where they told us he would be. We didn’t have any... He didn’t give us any trouble. He was very cooperative.
Donald Gallegos: And then what happened next?
Agent Martinez: We transported him to Clayton, to Clayton, New Mexico and in Clayton I met with him and I spoke with him. I went over what his Miranda rights, his rights under law. He agreed to talk with me. And I interviewed him myself and Agent Jessie Williams.
Donald Gallegos: I’m sorry, Agent Martinez, I cut you off. I apologize. Can you tell the jury where that took place? In Clayton?
Agent Martinez: That took place at the New Mexico State Police office, in Clayton.
Donald Gallegos: And you said you did read him his Miranda Rights.
Agent Martinez: Yes.
Donald Gallegos: Now why do you do that?
Agent Martinez: That gives him the right to his attorney, if he wishes to have an attorney with him during the time that he talks with us. And lets him know that he has the right to stop talking with us at any time.
Donald Gallegos: Ok. Did he agree to talk to you?
Agent Martinez: Yes, he did.
Donald Gallegos: Now why, if we can backtrack a little bit. Why was there an arrest warrant issued for Mr. Bent?
Agent Martinez: We felt that there were criminal charges that needed to be filed against Mr. Bent.
Donald Gallegos: And what was that based on?
Agent Martinez: That was based on the Safe Room interviews, the information we had obtained from them.
Donald Gallegos: And what information did you glean from them?
Agent Martinez: Uhm... do you want me to go into the statement that the girls gave?
Donald Gallegos: Did L.S. say anything, yes?
Agent Martinez: Yes. The girls told us that they had been naked...
Ms. Montoya: Objection, your Honor.
Judge Baca: I’m going to ask you to stop. There’s an objection. What is your objection?
Ms. Montoya: Hearsay.
Judge Baca: Ok. Mr. Gallegos?
Donald Gallegos: It’s now being offered to prove the truth of the matter, asserted only to what the Officer acted on based on that.
Judge Baca: Well, I do believe that if he tells us what the children said, what the girls said, it is hearsay. He can tell us what he did, without having to tell us what the statements were. So far as the hearsay objection is concerned, it is sustained.
Donald Gallegos: So, let’s go back then to the... There was an arrest warrant issued?
Agent Martinez: Yes.
Donald Gallegos: And then I think we left off where you were speaking to Mr. Bent.
Agent Martinez: Yes.
Donald Gallegos: And you did read him his rights?
Agent Martinez: Yes.
Donald Gallegos: Ok. Let’s see if we can pick up there. What happened next?
Agent Martinez: Ok. I interviewed Mr. Bent. I asked him about the... From what we had learned, there had been seven virgins had been chosen. I asked him to go into detail about that. He went into details about what he had done with three of these minor children, saying that he had taken them, he would have them get naked they would lie in his bed. He would then go into the room and he would touch them on different parts of their body. And according to him, this was a healing process.
Donald Gallegos: If we could be a little more specific, let’s talk about if you can remember regarding L.S. and A.S.
Agent Martinez: Ok.
Donald Gallegos: And not a third person. Did the Defendant tell you how they came to be in his room?
Agent Martinez: Yes. He said that God had sent them, sent them to him.
Donald Gallegos: Did he invite them over?
Agent Martinez: No.
Donald Gallegos: Ok. So they were there on their own?
Agent Martinez: Yes, according...
Donald Gallegos: Now, when did he tell you about them coming to his room, the girls?
Agent Martinez: From what I can recall, he said that one of them had had a dream that was sent to them from God, saying the she needed to lie naked with him in his bed.
Donald Gallegos: And did he tell you what he did?
Agent Martinez: Yes.
Donald Gallegos: What was that?
Agent Martinez: He said that he placed his hand on his sternum... on their sternum, and in a healing type of manner.
Donald Gallegos: If you can recall, and I want to talk about L.S., if you recall that particular person at this point.
Agent Martinez: I would have to refer to my report. I don’t recall.
Donald Gallegos: Your Honor, may the witness refer to his report to refresh his memory?
Judge Baca: Yes.
(Agent Martinez takes a moment to refer to his report)
Agent Martinez: Ok. And you were asking for L.S. date of birth?
Donald Gallegos: Well, I was asking what happened with L.S.
Agent Martinez: Ok, I’m sorry. Ok. This is just a synopsis of the Safe Room interview, but...
Donald Gallegos: And as long as it refreshes your memory and, officer, I’m going to ask you, not to read from your report.
Agent Martinez: Ok.
Donald Gallegos: Just to refresh your memory and then answer the question.
Agent Martinez: Ok. Uhm... L.S. said that they had laid naked together, that they had laid chest to chest...
Ms. Montoya: Objection, your Honor. Again, he’s stating what the girl told him and that’s hearsay. The female is the best evidence of that. She will be called as a witness and she should testify.
Judge Baca: Ok. What is the response?
Donald Gallegos: That’s correct your Honor.
Judge Baca: It is hearsay.
Donald Gallegos: I believe that the witness misunderstood the question. The question was, "What did Wayne Bent say about what happened with L.S.?"
Agent Martinez: Oh, I’m sorry.
Donald Gallegos: And that’s ok.
Agent Martinez: Misunderstood you.
Judge Baca: Alright. So the objection is sustained. You may proceed, Mr. Gallegos.
Donald Gallegos: Thank you. Did you get the question? What did Mr. Bent say regarding his contact with L.S.?
Agent Martinez: Ok, I’m going to have to look for that. Just give me a minute.
(Agent Martinez refreshes his memory by looking at his report)
Donald Gallegos: And if I may, just for reference, if you were to refer to page three of your police report.
Agent Martinez: I’ve got it... Ok. Yhm... according to this, he says that he had, that he had laid with L.S. similar to the way he had done with some of the other girls.
Donald Gallegos: And did he describe how that was?
Agent Martinez: Yes, he did... He said, he would have them go in the bedroom, take off their clothes and lay on the bed. Then he would lay down next to them usually fully clothed.
Donald Gallegos: Alright.
Agent Martinez: He would place his hand on their sternum and, once again, for healing purposes and he said that with L.S. he did this three to four times. And one of the times that L.S. went in, he was, quote, "in the buff," unquote.
Donald Gallegos: Ok. So in other words, no clothes on?
Agent Martinez: Correct.
Donald Gallegos: Now, what about regarding A.S.? Did he tell you anything about his contact with A.S.?
Agent Martinez: Yes. He said it was similar to that same thing, but when he was, laid with A.S., he was fully clothed.
Donald Gallegos: Now, did you ever ask Mr. Bent why he didn’t chase the girls away?
Agent Martinez: He said that God had sent them to him. And that, for part of his interview, he said that he had... he had tried to stay away from them, but he felt that God had left him.
Donald Gallegos: Did he tell you anything else about precautions he had taken or wanted to take?
Agent Martinez: (unintelligible words)
Donald Gallegos: Did he tell you about anything he was careful of, or any precautions he was taking?
Agent Martinez: Not that I can recall.
Donald Gallegos: Did he give you any explanations about any other explanations about the conduct?
Agent Martinez: He said it was for healing purposes. He said that he was very careful to stay away from their private parts and their intimate parts.
Donald Gallegos: Did you ask him why that was so?
Agent Martinez: Because he felt that it was a healing, not a sexual.
Donald Gallegos: Did he ever indicate to you or show you how he did this touching?
Agent Martinez: Yes, he did.
Donald Gallegos: And if you can, can you describe that in more detail?
Agent Martinez: Well, what he showed us is that he would just get his hand and place it on their sternum area, towards the middle of the chest or what he said, "The heart area."
Donald Gallegos: Now did he ever admit or deny laying skin to skin with any of the girls?
Agent Martinez: I’m sorry.
Donald Gallegos: Did he admit or deny laying down skin to skin with the girls?
Agent Martinez: I don’t believe he either admitted or denied that it was skin to skin.
Donald Gallegos: But with L.S., he did say he was in the buff?
Agent Martinez: Yes.
Donald Gallegos: And did he say anything else about A.S., his contact with A.S?
Agent Martinez: I believe it was just one time with A.S. And then I believe with L.S., he did say he was under the blankets.
Donald Gallegos: Did he offer any other explanations about why this happened that way?
Agent Martinez: Uhm... He felt... On one of his statements, he told me that he felt they were vulnerable when they were unclothed and it was just his way of healing.
Donald Gallegos: So, you did ask him why did the clothes have to be off?
Agent Martinez: Yeah. We asked him several times and he, and his way... His feeling was like I said, on one of them, he just said that they were more vulnerable. He felt that they could release better. That’s not a quote, but that’s just...
Donald Gallegos: Do you recall if he said anything else about this vulnerability issue?
Agent Martinez: Can I refer to?
Donald Gallegos: Yeah, if it will refresh your memory. And again, please don’t read off the report.
Agent Martinez: Right. Yeah, I don’t I’m not quite clear on your question, I guess. It, from what I can recall, is he was just mentioned that they were vulnerable.
Donald Gallegos: Ok, And that was the only explanation he gave, that you recall?
Agent Martinez: Yes.
Donald Gallegos: It’s been awhile, right?
Agent Martinez: Yes.
Donald Gallegos: And you have handled a lot of cases?
Agent Martinez: Yes. There’s been a few since.
Donald Gallegos: Right. To keep them all straight is kinda tough. When you spoke with Mr. Bent was that recorded?
Agent Martinez: Yes, it was.
Donald Gallegos: How was it recorded?
Agent Martinez: It was digitally recorded, just audio only.
Donald Gallegos: And then what do you do with that recording?
Agent Martinez: What I do is I download that into my computer and burn it onto a CD.
Donald Gallegos: And then what do you do with that?
Agent Martinez: A copy of the CD will be given to the District Attorney’s office. The first CD that’s burned is considered to be your original CD and that’s placed into evidence.
Donald Gallegos: And you also had an opportunity or have you had an opportunity to speak with Mr. Bent’s lawyer, Ms. Montoya?
Agent Martinez: Yes.
Donald Gallegos: Ok. And do you recall anything else that you did as far as your involvement in this case?
Agent Martinez: We had a hearing in Clayton, a Grand Jury hearing in Clayton, where Mr. Bent was indicted.
Donald Gallegos: Ok. And that was, and then... From then till now has there anything else?
Agent Martinez: No.
Donald Gallegos: Let me ask you, if you can recall, what... How old was A.S. at the time this event occurred?
Agent Martinez: I don’t recall. I would have to refer to my report.
Donald Gallegos: Would you please do that?
Agent Martinez: Sure. A.S. was seventeen years of age, but I don’t recall if that was at the time of their interview or the time the incident occurred.
Donald Gallegos: Ok. Would you have that information in your report that you’re aware of?
Agent Martinez: I don’t know if it would be... I have the date that she stated the incident occurred.
Donald Gallegos: Ok.
Agent Martinez: Which was August second two thousand six.
Donald Gallegos: Alright and she was again how old when you talked to her?
Agent Martinez: I believe she was seventeen when we talked to her.
Donald Gallegos: And that was when?
Agent Martinez: That was on April twenty third of two thousand eight.
Donald Gallegos: Alright and I’m lousy at math too, so I’m trying to think, at least a couple of years earlier, right?
Agent Martinez: Right.
Donald Gallegos: So fifteen, fourteen somewhere there?
Agent Martinez: Somewhere around that age.
Donald Gallegos: And then, as far as L.S., do you recall?
Agent Martinez: Uhm... At the time we talked to her, I believe she was sixteen years of age.
Donald Gallegos: Ok. So, and when did the incident supposedly occur?
Agent Martinez: July thirty first of two thousand six.
Donald Gallegos: Alright. Thank you. Agent Martinez, I think I’m pretty much done. Is there anything else that you recall about your contact with the Defendant that you would like to share with the jury?
Agent Martinez: No.
Donald Gallegos: Anything else that he made or any other statements about what happened?
Agent Martinez: Not that I can recall at this time.
Donald Gallegos: Thank you. Pass the witness, your Honor.
Judge Baca: Alright. Ms. Montoya, cross examination?
Ms. Montoya: Officer Martinez, did you know you were being called as a witness for Court this week?
Agent Martinez: Excuse me.
Ms. Montoya: Did you know you were being called as a witness for Court this week?
Agent Martinez: Yes.
Ms. Montoya: Don’t you normally review your reports before you come to Court?
Agent Martinez: Yes, I do.
Ms. Montoya: Now you stated that Wayne Bent said he was in the buff, but he was under the covers, correct?
Agent Martinez: Correct.
Ms. Montoya: Did he also state that on this occasion, when L.S. presented herself at his home that it was the middle of the night?
Agent Martinez: Yes, he did.
Ms. Montoya: So, he was home in bed sleeping?
Agent Martinez: Correct. Well, I don’t know if he was sleeping, but from his statement, he was in bed.
Ms. Montoya: And did he, or did he not, compare what he did with the girls to that of a doctor?
Agent Martinez: Yes, he did.
Ms. Montoya: Did he, or did he not, tell you that there was nothing sexual about the touching?
Agent Martinez: Correct.
Ms. Montoya: Thank you, nothing further.
Judge Baca: Redirect?
Donald Gallegos: Can you tell the jury what he said about his... I can’t remember the question as Ms. Montoya put it, about him being equal to a doctor. Do you recall that?
Agent Martinez: Ah.. Yes, I do. And we asked him about that but, we asked him about his education and none of it pertained to being a doctor.
Donald Gallegos: Was there anything else that he told you about why he felt he could do this the same way that a doctor would?
Agent Martinez: He did, but I don’t recall at this time.
Donald Gallegos: Do you recall in that same (unintelligible word)in your police report. I don’t know if it is.
Agent Martinez: It would have been in the interview part of it.
Donald Gallegos: That’s fine then. No more questions, your Honor.
Judge Baca: Alright. Is this witness permanently excused or is it going to be subject to recall?
Donald Gallegos: Subject to recall your Honor.
Judge Baca: Ok. Then thank you for your testimony today and you are subject to recall. You may step down.
Ms. Montoya: Your Honor, we did issue a subpoena to this officer and I would appreciate it if he’d give his contact information and (unintelligible word)notice.
Judge Baca: Ok.
Ms. Montoya: Thank you.
Judge Baca: Alright.
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