NEW BOSTON, Texas-A New Boston grandmother accused of threatening to kill her 3-year-old granddaughter, herself and the child's father must remain on house arrest if she manages to post bond in Bowie County.
Jan Martinez, 54, appeared Tuesday afternoon before 5th District Judge Bill Miller for a hearing to address a bond reduction motion filed on her behalf by Texarkana lawyer Josh Potter. Jan Martinez and her husband, Jose Martinez, 52, both pleaded not guilty Monday at a hearing before Miller in Texarkana to interfering with child custody. Jan Martinez has been charged, though not yet formally indicted, with witness tampering and terroristic threat involving a family member, as well.
At the time of their arrests in July, bail for the grandparents was set at $250,000 cash, meaning the couple could not utilize the services of a commercial bondsman to effect release. Potter argued at separate hearings that the bail amounts are "excessive and oppressive."
During the hearings, witnesses testified the couple was in court July 13 before County Court at Law Judge Jeff Addison to address allegations they were in contempt of court for refusing to hand over their granddaughter to her biological father for court-ordered visitation. At the time, the Martinezes had temporary custody of the child. She is now in the custody of her father.
At the July 13 hearing, Addison declined to find the couple in contempt but did order they turn the girl over the following day for visitation with her father. When the couple failed to show at the New Boston Police Department for the exchange, police officials became alarmed, New Boston Lt. Johnny Millwood testified.
Millwood said his office received a report that Jan Martinez allegedly told her sister that she would take the girl to a "serene pasture," and shoot her and then turn the gun on herself before she would hand the youngster over to her father, under questioning from Assistant District Attorney Lauren Richards. Child Protective Services Caseworker Dena McFarland testified that Jan Martinez allegedly threatened to shoot the child's father in the courthouse parking lot if he was awarded custody.
Millwood said his investigation into the threats led him to believe the child was in "imminent danger," and an Amber Alert was issued. Using cell phone "pings" authorities were able to locate the Martinezes at Children's Hospital in Dallas, where they were arrested.
Millwood testified that since her incarceration in July, Jan Martinez has been recorded on jail phone equipment allegedly asking her mother to tell her sister that she must alter her testimony concerning the alleged threats or risk being cut out of "the will."
Under questioning from Potter, Jan Martinez testifed that her granddaughter has made outcries of sexual abuse against her father to a doctor, a nurse and a counselor. Assistant District Attorney Kelley Crisp asked Jan Martinez why the alleged outcries to the professionals have never been documented or reported to authorities.
"Is it because it didn't really happen? Maybe you're just hearing what you want to hear," Crisp asked.
McFarland testified that the allegations against the girl's father were determined to be unfounded following interviews at Children's Advocacy Center in Texarkana and a physical check by a Sexual Assault Nurse Examiner. When the Martinezes took the girl to the Dallas hospital they were again seeking that the child undergo a sexual assault examination. The girl had been in the Martinez's custody continuously for four months and a prior exam revealed no evidence of assault.
Under cross examination by Crisp, Jan Martinez denied that anyone has overheard her coaching her granddaughter to make allegations against her father or that she has made threats of violence.
"So your own sister is just making that up," Crisp asked. "And these medical professionals are telling you one thing and the police another?"
Crisp and Richards asked Miller to order house arrest, GPS monitoring, and a psychological evaluation for Jan Martinez. Miller granted the first two requests but asked the state to file a formal motion for the evaluation of Jan Martinez's mental state.
Miller reduced Jan Martinez's bail to $30,000 and she is now eligible to use a commercial bondsman. That means she must pay a bondsman ten percent, or $3,000, to be released. Miller lowered Jose Martinez's bail to $15,000 and he is eligible to use a bondsman as well. Jose Martinez must wear a GPS leg monitor if he posts bond but was not ordered to remain on house arrest. Both defendants must report weekly to pre-trial services and are forbidden to possess firearms or ammunition while their cases are pending.
Miller scheduled the couple to return to court next month for pre-trial hearings in their custody interference cases.