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School janitor acquitted of molesting students after 5 years in jail sues sheriff's department

A former school janitor jailed for five years on allegations that he molested multiple students is suing San Bernardino County and the sheriff’s department after his acquittal on all charges, according to a complaint filed earlier this week in district court.  

Pedro Martinez, of Hesperia, was arrested by San Bernardino County Sheriff’s Department deputies in January 2019 on allegations that he molested a 6-year-old boy at Maple Elementary School where he worked. 

At the time of his arrest, investigators said they found additional victims who corroborated the first victim’s claim. They also said there may be other victims who had not yet come forward. 

Martinez was ultimately charged with 11 counts of child sex abuse and was held in custody until his trial began in August 2023.  

At the conclusion of the more than three-month trial, Martinez was acquitted on 10 of the charges, with the 11th charge dismissed mid-trial.  

During the trial, attorney Ian Wallach identified Martinez’s accuser as a “mentally ill woman” who was dating one of the boys’ mothers at the time, a claim carried over in the recent complaint filed on Dec. 2, 2024.  

According to the complaint, his accuser, a “self-confessed opioid addict with a criminal history” who had reportedly made similar allegations against others, claimed Martinez “collected multiple children for group rapes that took place on a daily basis Monday through Thursday.”  

The complaint, which also names several detectives with the San Bernardino County Sheriff’s Department who were involved in the investigation, further alleges that the “allegations were so impossible and fantastical that any prudent person or law enforcement officer would have investigated her background to determine their veracity rather than take her word.”  

In a news release announcing the complaint filing, lawyers for Martinez also allege prosecutorial misconduct, including withholding evidence and witness coaching.  

“Pedro Martinez endured nearly five years of wrongful incarceration, separated from his family and forced to endure the stigma of baseless allegations, despite overwhelming evidence of his innocence,” Katherine McBroom, co-counsel for Mr. Martinez, said. “This case is a stark reminder of what happens when investigations are driven by bias and disregard for due process.” 

The suit is seeking compensatory and punitive damages in an amount to be determined at trial, according to the complaint.  

In a statement to KTLA, officials with the San Bernardino County Sheriff’s Department said they are aware of the filing, but do not comment on pending litigation. County officials told KTLA that they have yet to be served with the lawsuit.

KTLA Digital Producer Travis Schlepp contributed to this report.

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