Testimony subject to “marital privilege” in sheriff’s case
CROWN POINT — Lake County Sheriff Oscar Martinez Jr. appeared at a hearing held Monday to discuss his motion to prohibit public access to records in his trial, specifically testimony collected from a witness at a deposition.
The records purportedly relate to information collected in a deposition by Martinez’s spouse. Defense attorney Maryam Afshar-Stewart told the court the information the state was requesting to build its case is confidential as a matter of “marital privilege.”
Afshar-Stewart, who is representing Martinez along with attorneys Paul Stracci and Michael Woods, said allowing the public to have access to communications between spouses is an encroachment of confidentiality.
She said the “intrusion opens up a Pandora’s box of martial harm.”
The defense requested the remainder of Monday’s hearing be closed to the public as they discussed the contents of the deposition questions.
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Special Prosecutor Stanley Levco said he wasn’t going to offer a firm argument about the merit of the motions, but on whether or not discussion about them should be made public. He said in terms of pursuing his case as a prosecutor, he does not agree with keeping discussion private.
He said hearings are typically only made private under the most “extraordinary” circumstances.
“I don’t know if this qualifies as an extraordinary circumstance,” Levco said.
The hearing was posted as a public proceeding which the public was invited to attend and to comment or submit briefs on the issue, although none did. Only Robert Varga, an attorney who appeared on behalf of the deponent, said he supported Martinez’s motion.
After a 10-minute discussion regarding the defense’s motion and prosecution’s response, Special Judge Jeryl F. Leach ruled that the remainder of the hearing would be closed to the public. He said the defendant’s interest outweighs that of the prosecution.
Martinez filed a motion in May to set a hearing on the matter of the deposition questions, according to court records. He followed up with a motion in July to prohibit public access to court records and request the hearing be sealed. The specifics of the latter motion were not available, as records were sealed.
The deposition questions have been sealed since May 2022 when Leach ruled the transcript of the deposition would not be publicly available under further order from the court.
Martinez was indicted Jan. 6, 2022, on felony resisting law enforcement and misdemeanor reckless driving charges. He allegedly drove more than 50 miles over the posted speed limit on Sept. 18, 2021, while driving north on Main Street in Crown Point.
Martinez has denied the allegations. His attorneys have made multiple efforts to get the charges dismissed, including filing motions in a trial court and Court of Appeals. None have been successful. In May, the Indiana Supreme Court denied his request to review the case.
Martinez’s attorneys did not respond to an email regarding when the judge will rule on the matters discussed privately in Monday’s hearing. Martinez is scheduled to appear next in court on Dec. 14 for a pretrial conference, according to court records. His jury trial is set for Feb. 12.
Gallery: Recent arrests booked into Lake County Jail
Bardo Arellano Jr
Age: 31
Residence: Hammond, IN
Booking Number(s): 2310704
Arrest Date: Nov. 5, 2023
Arresting Agency: Hammond Police Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Pedro Salgado-Perez
Age: 28
Residence: East Chicago, IN
Booking Number(s): 2310718
Arrest Date: Nov. 5, 2023
Arresting Agency: East Chicago Police Department
Offense Description: DOMESTIC BATTERY – SIMPLE – PRESENCE OF CHILD < 16 YEARS OLD, BATTERY – SIMPLE – AGAINST LAW ENFORCEMENT OR PUBLIC SAFETY OFFICIAL, AGGRAVATED BATTERY
Highest Offense Class: Felony
Angel Martinez
Age: 22
Residence: Chicago, IL
Booking Number(s): 2310737
Arrest Date: Nov. 6, 2023
Arresting Agency: Whiting Police Department
Offense Description: THEFT – VEHICLE – MOTOR VEHICLE, RESISTING – INTERFERING WITH PUBLIC SAFETY, CONTROLLED SUBSTANCE – POSSESSION – MARIJUANA
Highest Offense Class: Felony, misdemeanor
Samantha Marshall
Age: 24
Residence: Cedar Lake, IN
Booking Number(s): 2310721
Arrest Date: Nov. 5, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: BATTERY – SIMPLE – AGAINST LAW ENFORCEMENT OR PUBLIC SAFETY OFFICIAL
Highest Offense Class: Felony
Natalie Zermeno
Age: 39
Residence: Lowell, IN
Booking Number(s): 2310600
Arrest Date: Nov. 1, 2023
Arresting Agency: St. John Police Department
Offense Description: OWI, CONTROLLED SUBSTANCE – POSSESSION – PARAPHERNALIA, RECKLESS DRIVING, POSSESSION OF MARIJUANA
Highest Offense Class: Misdemeanor
Nike Textor
Age: 35
Residence: Lowell, IN
Booking Number(s): 2310577
Arrest Date: Nov. 1, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: OWI
Highest Offense Class: Felony
Christine Urbanczyk
Age: 42
Residence: Cedar Lake, IN
Booking Number(s): 2310578
Arrest Date: Nov. 1, 2023
Arresting Agency: Dyer Police Department
Offense Description: OWI
Highest Offense Class: Felony, misdemeanor
Melvin Russell
Age: 45
Residence: Chicago, IL
Booking Number(s): 2310586
Arrest Date: Nov. 1, 2023
Arresting Agency: Hammond Police Department
Offense Description: OWI, LEAVING THE SCENE OF A CRASH
Highest Offense Class: Felony, Misdemeanor
Rebecca Shearry
Age: 62
Residence: Gary, IN
Booking Number(s): 2310592
Arrest Date: Nov. 1, 2023
Arresting Agency: Lake Station Police Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Shaunay Stubbs
Age: 27
Residence: Indianapolis, IN
Booking Number(s): 2310582
Arrest Date: Nov. 1, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: THEFT – VEHICLE – MOTOR VEHICLE
Highest Offense Class: Felony
Marcus McKinley
Age: 34
Residence: Gary, IN
Booking Number(s): 2310579
Arrest Date: Nov. 1, 2023
Arresting Agency: Merrillville Police Department
Offense Description: DOMESTIC BATTERY, BATTERY, FAILURE TO APPEAR
Highest Offense Class: Felony, misdemeanor
Jayden Merritt
Age: 18
Residence: Portage, IN
Booking Number(s): 2310588
Arrest Date: Nov. 1, 2023
Arresting Agency: Crown Point Police Department
Offense Description: OWI, CONTROLLED SUBSTANCE – POSSESSION – PARAPHERNALIA
Highest Offense Class: Misdemeanor
Adriana Lopez
Age: 40
Residence: Chicago, IL
Booking Number(s): 2310576
Arrest Date: Nov. 1, 2023
Arresting Agency: Hammond Police Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Adrian Marsh
Age: 33
Residence: Hammond, IN
Booking Number(s): 2310591
Arrest Date: Nov. 1, 2023
Arresting Agency: Schererville Police Department
Offense Description: OWI, OBSTRUCTING TRAFFIC
Highest Offense Class: Misdemeanor
Joseph Costello
Age: 38
Residence: Chicago, IL
Booking Number(s): 2310575
Arrest Date: Nov. 1, 2023
Arresting Agency: Hammond Police Department
Offense Description: THEFT
Highest Offense Class: Felony
Myles Graham
Age: 26
Residence: Cedar Lake, IN
Booking Number(s): 2310593
Arrest Date: Nov. 1, 2023
Arresting Agency: Cedar Lake Police Department
Offense Description: DRIVING WHILE SUSPENDED – PRIOR SUSPENSION WITHIN 10 YEARS, OWI, LEAVING THE SCENE OF A CRASH – INJURY CRASH – MOTOR VEHICLE
Highest Offense Class: Misdemeanor
Dashawn Wims
Age: 20
Residence: East Chicago, IN
Booking Number(s): 2310607
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: MOTOR VEHICLE – THEFT
Highest Offense Class: Felony
Abigail Ziembicki
Age: 40
Residence: Gary, IN
Booking Number(s): 2310612
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: CONTROLLED SUBSTANCE – POSSESSION – METHAMPHETAMINE
Highest Offense Class: Felony
Ruyda Sweis
Age: 39
Residence: Palos Hills, IL
Booking Number(s): 2310621
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: THEFT – PROPERTY – SIMPLE – $750 TO $50,000
Highest Offense Class: Felony
Derrick Vaulx Jr.
Age: 32
Residence: Gary, IN
Booking Number(s): 2310609
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: OWI, OPERATE VEH AFTER BEING HABITUAL TRAFFIC OFFENDER
Highest Offense Class: Felony
Janella White
Age: 44
Residence: Dolton, IL
Booking Number(s): 2310623
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: FAMILY OFFENSE- NEGLECT OF DEPENDENT/CHILD VIOLATIONS, CONTROLLED SUBSTANCE – POSSESSION – MARIJUANA
Highest Offense Class: Felony, misdemeanor
Asha Mason
Age: 34
Residence: Gary, IN
Booking Number(s): 2310614
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Nate Mendoza
Age: 43
Residence: Chicago, IL
Booking Number(s): 2310615
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: THEFT
Highest Offense Class: Felony
Shartrice Monday
Age: 31
Residence: Anamosa, IA
Booking Number(s): 2310618
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: CONTROLLED SUBSTANCE – DEALING – SCHEDULE I, II, OR III
Highest Offense Class: Felony
Carl Scott
Age: 37
Residence: Lowell, IN
Booking Number(s): 2310644
Arrest Date: Nov. 2, 2023
Arresting Agency: Lowell Police Department
Offense Description: BATTERY – SIMPLE – AGAINST LAW ENFORCEMENT OR PUBLIC SAFETY OFFICIAL
Highest Offense Class: Felony
Shane Martin
Age: 31
Residence: Chicago
Booking Number(s): 2310622
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: Burglary
Highest Offense Class: Felony
Derek Kyles Jr.
Age: 49
Residence: Chicago, IL
Booking Number(s): 2310605
Arrest Date: Nov. 2, 2023
Arresting Agency: Hammond Police Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Echo Marlow
Age: 21
Residence: Cedar Lake, IN
Booking Number(s): 2310638
Arrest Date: Nov. 2, 2023
Arresting Agency: Griffith Police Department
Offense Description: CONTROLLED SUBSTANCE POSSESSION – PARAPHERNALIA, COCAINE OR NARCOTICS
Highest Offense Class: Felony, misdemeanor
Andrew Harris
Age: 24
Residence: Chicago, IL
Booking Number(s): 2310620
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: BURGLARY
Highest Offense Class: Felony
Paul Kerr
Age: 29
Residence: Hobart, IN
Booking Number(s): 2310631
Arrest Date: Nov. 2, 2023
Arresting Agency: Hobart Police Department
Offense Description: DOMESTIC BATTERY
Highest Offense Class: Misdemeanor
John Giannini
Age: 48
Residence: Munster, IN
Booking Number(s): 2310646
Arrest Date: Nov. 2, 2023
Arresting Agency: Indiana State Police
Offense Description: OWI
Highest Offense Class: Misdemeanor
Martin Cruz Jr.
Age: 54
Residence: Merrillville, IN
Booking Number(s): 2310606
Arrest Date: Nov. 2, 2023
Arresting Agency: Merrillville Police Department
Offense Description: CRIMINAL RECKLESSNESS – AGGRAVATED – W/DEADLY WEAPON
Highest Offense Class: Felony
Jaelin Davis
Age: 20
Residence: Gary, IN
Booking Number(s): 2310611
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: DOMESTIC BATTERY – SIMPLE
Highest Offense Class: Felony
Daniel Dillman
Age: 27
Residence: Lowell, IN
Booking Number(s): 2310634
Arrest Date: Nov. 2, 2023
Arresting Agency: Schererville Police Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Demontay Cohns
Age: 31
Residence: Highland, IN
Booking Number(s): 2310624
Arrest Date: Nov. 2, 2023
Arresting Agency: Griffith Police Department
Offense Description: POSSESSION – FIREARM – HANDGUN – W/NO PERMIT
Highest Offense Class: Felony
Dontrell Calhoun
Age: 29
Residence: Chicago Heights, IL
Booking Number(s): 2310619
Arrest Date: Nov. 2, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: BATTERY – SIMPLE – AGAINST A PUBLIC SAFETY OFFICIAL, LEAVING THE SCENE OF A CRASH – PROPERTY DAMAGE CRASH
Highest Offense Class: Felony, misdemeanor
Susan Callahan
Age: 55
Residence: Crown Point, IN
Booking Number(s): 2310635
Arrest Date: Nov. 2, 2023
Arresting Agency: Dyer Police Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Kalon Brandon
Age: 28
Residence: Gary, IN
Booking Number(s): 2310602
Arrest Date: Nov. 2, 2023
Arresting Agency: Indiana State Police
Offense Description: OWI
Highest Offense Class: Misdemeanor
Joseph Kropel
Age: 62
Residence: Whiting, IN
Booking Number(s): 2310664
Arrest Date: Nov. 3, 2023
Arresting Agency: Hammond Police Department
Offense Description: DOMESTIC BATTERY – SIMPLE
Highest Offense Class: Felony
Joseph Saczawa
Age: 35
Residence: Hammond, IN
Booking Number(s): 2310444
Arrest Date: Oct. 27, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Ella Milner
Age: 36
Residence: East Chicago, IN
Booking Number(s): 2310648
Arrest Date: Nov. 3, 2023
Arresting Agency: East Chicago Police Department
Offense Description: INTIMIDATION
Highest Offense Class: Felony
Kelly Fischer
Age: 44
Residence: N/A
Booking Number(s): 2310653
Arrest Date: Nov. 3, 2023
Arresting Agency: Merrillville Police Department
Offense Description: BATTERY – SIMPLE – TOUCH W/NO INJURY
Highest Offense Class: Misdemeanor
Jennifer Huerta
Age: 50
Residence: Gary, IN
Booking Number(s): 2310680
Arrest Date: Nov. 4, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: THEFT – PROPERTY – POCKET-PICKING – < $750
Highest Offense Class: Felony
Nicholas Etheridge
Age: 31
Residence: Fort Wayne, IN
Booking Number(s): 2310662
Arrest Date: Nov. 3, 2023
Arresting Agency: Lake County Sheriff’s Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Ronald Bell
Age: 39
Residence: Gary, IN
Booking Number(s): 2310654
Arrest Date: Nov. 3, 2023
Arresting Agency: Gary Police Department
Offense Description: CONTROLLED SUBSTANCE – DEALING – SCHEDULE I, II, OR III
Highest Offense Class: Felony
Lavara Blanchard
Age: 38
Residence: Gary, IN
Booking Number(s): 2310651
Arrest Date: Nov. 3, 2023
Arresting Agency: Gary Police Department
Offense Description: DOMESTIC BATTERY – SIMPLE
Highest Offense Class: Felony
Justin Bobo
Age: 37
Residence: Calumet City, IL
Booking Number(s): 2310661
Arrest Date: Nov. 3, 2023
Arresting Agency: Gary Police Department
Offense Description: DOMESTIC BATTERY – SIMPLE
Highest Offense Class: Misdemeanor
Trevor Borom
Age: 43
Residence: Gary, IN
Booking Number(s): 2310678
Arrest Date: Nov. 4, 2023
Arresting Agency: Gary Police Department
Offense Description: OWI
Highest Offense Class: Misdemeanor
Eldridge Donelson
Age: 35
Residence: Hammond, IN
Booking Number(s): 2310656
Arrest Date: Nov. 3, 2023
Arresting Agency: Hammond Police Department
Offense Description: BATTERY – AGGRAVATED – STRANGULATION
Highest Offense Class: Felony
Jose Azocar
Age: 28
Residence: Chicago, IL
Booking Number(s): 2310676
Arrest Date: Nov. 4, 2023
Arresting Agency: Highland Police Department
Offense Description: THEFT – PROPERTY – SHOPLIFTING – $750 TO $50,000
Highest Offense Class: Felony
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