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Here is a case in Humboldt County . The DA is already facing a recall election in March for his soft on crime attitude. He was elected 14 months ago.

Eureka Times-Standard

Plea bargain made with molester
By Chris Durant The Times-Standard

Friday, January 23, 2004 -

EUREKA -- The Humboldt County District Attorney's Office has reached an agreement with the Ferndale man who continually molested a child over the course of six or seven years.

Pedro Martinez-Hernandez, 39, entered a guilty plea Jan. 6 to one count of continuous sexual abuse of a child.

Humboldt County District Attorney Paul Gallegos prosecuted the case.

The Humboldt County Sheriff's Department said investigating deputies determined there were 1,900 counts of sexual intercourse against the minor and another 1,000 counts of similar instances, like oral copulation and fondling.

"We could charge the one count over and over again or we could charge the continuous act charge," Gallegos said.

Gallegos said the maximum prison sentence Martinez-Hernandez could receive is 16 years.

The California Penal Code states that one count of lewd or lascivious acts with a child carries a maximum penalty of eight years.

It is not uncommon for the District Attorney's Office to make plea agreements. Two high-profile cases recently reached an agreement just before they went to trial.

Humboldt County Superior Court documents indicate defendants in similar cases were sentenced to much longer prison terms.

William Frank II was arrested by the Eureka Police Department in 1999 on 34 counts of felony aggravated assault of a child under 14. In May 2000 he was sentenced by Superior Court Judge Dale Reinholtsen to 29 consecutive 15- years-to-life terms.

In 1998, Alfred Duane Albers Sr. was arrested by the Humboldt County Sheriff's Department on a count of oral copulation of a child under 14 with force and a count of lewd or lascivious acts with a child. He was arraigned on 96 counts of aggravated sexual assault of a child and in May 1999 he was sentenced by Superior Court Judge John Feeney to one term of 15-years-to-life, six terms of 15 years and two terms of eight years, all to run consecutively.

Johnny Ray Crowl was arrested by the Humboldt County Sheriff's Department in 1998 on suspicion of two counts of lewd or lascivious acts with a child and a count of felony sexual penetration with a foreign object. He was arraigned on four counts of lewd or lascivious acts with a child and four counts of aggravated sexual assault on a child. In December 1999 he was sentenced by Feeney to one count of 15-years-to-life in prison and seven 15-year terms, all to run consecutively.

In 1998, Michael John Mendez was arrested by the Fortuna Police Department on six counts of lewd or lascivious acts with a child. He was arraigned on nine counts of lewd or lascivious acts with a child, annoying or molesting a child under 18 and two counts of failing to register as a sex offender. He was sentenced by Superior Court Judge Timothy Cissna in September 1999 to seven consecutive 30-years-to-life sentences and a 12-year term.

These are a handful of similar cases obtained by the Times-Standard.

Jan. 13 this year, Mike Hiscox, 42, was sentenced to 11 consecutive 15-years-to-life sentences for molesting three boys over the course of four years. That case was prosecuted by Deputy District Attorney Allison Jackson.

Martinez-Hernandez was arrested at his home Dec. 23. He is a relative of the victim and an illegal alien.

An arrest warrant issued for Martinez-Hernandez alleged continuous sexual abuse of a child, oral copulation with a minor, incest, possession of a false Social Security card, possession of methamphetamine and possession of marijuana.

Gallegos said the charges other than the continuous sexual abuse of a child were dropped.

Martinez-Hernandez is scheduled to be in court Feb. 3 for a probation report and possible sentencing.