EagleTribune.com, North Andover, MA

December 18, 2013

Jury acquits man in Andover 'modeling agency' hotel rape

Lured woman with fake 'modeling agency' ad

By Jill Harmacinski

---- — SALEM, Mass. — Jared Martinez lied to the woman, telling her he ran a modeling agency and he wanted to meet and photograph her at an Andover hotel.

But he did not rape her, said his defense attorney. A Superior Court jury agreed.

Martinez, 25, of Jersey City, N.J. was found not guilty on Friday of three counts of rape and a single count of drugging for the purpose of sexual intercourse.

He was charged in September 2011 with luring a woman to the La Quinta hotel in Andover on a promise of a modeling agency interview. When she went to the hotel, the woman said Martinez drugged and raped her, according to police.

In his defense, Martinez admitted he lied to the woman with a fraudulent story about running a modeling agency. Defense attorney Hank Brennan said Martinez did the same thing other men do when the go to bars or try to pick up women; they lie, perhaps about their profession or age or borrow a friend’s flashy car and say it’s their own.

“He duped her. He mislead her. He lied to her,” Brennan said. However, Martinez said the sex he and the woman had was consensual.

Martinez did not testify at trial and Brennan said no other witnesses were called in his defense.

When questioned by Andover police, Martinez admitted he had consensual sex with the woman and agreed to provide investigators with a DNA sample, said Brennan, who worked with fellow defense attorney Gina Baxter on the case.

Then age 20, the woman told police she received a Facebook message from man identifying himself as David Rodriguez from “AIP Modeling.”

The message stated “AIP Modeling is currently looking for young ladies to be part of our small but rapidly growing company. If you are interested in becoming a model, feel free to send me a message for details.”

The two arranged to meet on Sept. 20, 2011 at the La Quinta.

According to police, the woman’s mother and sister drove to the hotel for the 4 p.m. meeting. After speaking with Martinez about the photo shoot and her daughter’s safety, the mother and sister left.

Martinez gave the woman paperwork to fill out and then photographed her with a small digital camera. She also said he offered her a drink, which made her feel dizzy although she did not lose consciousness, according to police.

The photo shoot continued with her on the hotel room bed, wearing lingerie. But when she refused to remove the lingerie, she said Martinez threw her down on the bed and raped her, according to police.

During their investigation, police were able to identify David Rodriguez as Martinez, found an address for him in Jersey City and obtained warrants for his arrest.

During their encounter, Brennan said Martinez did have the woman fill out some paperwork, background information he pretended to need for his modeling agency. “His story was a work in progress,” Brennan said.

The trial lasted a week. Brennan thanked jurors for their work. “Their diligence was remarkable,” he said.

Follow staff reporter Jill Harmacinski on Twitter @EagleTribJill.