A superior court judge sentenced a former Concord elementary school teacher Friday to 12 years in state prison in what his defense attorney called a "rare" ruling to reduce the statutory minimum sentence.
Joseph Martin, 46, a longtime teacher at Woodside Elementary School, was convicted Jan. 27 on 19 counts of child molestation for touching his male students' bare chests in his classes and other inappropriate touching.
Martin will have to register as a sex offender as part of the sentence, according to his defense attorney, Patrick Clancy of the Innocence Legal Team. But it's a much more lenient sentence than the 25 years to life that is required by statute as the minimum sentence.
"It's not every day you can get a judge to hold that the statutory sentence is cruel and unusual," Clancy said.
Clancy said there are two ways to look at cruel and unusual punishment. The first is to look at the statute itself and whether the minimum sentence is unconstitutional.
The other way is to argue that as applied to the facts of the case, the sentence is cruel and unusual, Clancy said.
"That's what I said," Clancy said. "I filed a motion that 25 years to life was cruel and unusual under the circumstances of this case. It's case specific and the judge agreed."
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It's the second trial and first conviction for Martin, who previously faced 116 counts of child molestation involving 14 victims. That trial ended last year with a jury acquitting him of 21 counts and deadlocking on 92 others.
The prosecutors then retooled the case, dropping 68 charges before filing a new criminal complaint with 24 counts involving nine victims. This time, the jury convicted him of 19 counts involving seven victims but deadlocked on the other counts, according to the Contra Costa County District Attorney's Office.
The jury found that Martin developed inappropriate relationships with students, often beginning in the fourth and fifth grades, including instances where he put his hands under students' shirts, on their chests and sometimes rubbed their nipples.
During the trial, Deputy District Attorney Derek Butts painted a picture of a teacher who would befriend certain students and often invited them over to his house, with their parents' consent.
On at least one occasion, Martin massaged one student in his bedroom, Butts said.
Clancy said Martin was in good spirits before the sentencing but said he didn't get a chance to speak with him afterwards. He said once they connect, they will discuss the possibility of appealing the case.
Martin has "major grounds" to appeal the case because an expert was allowed to testify in violation of "every rule (he's) ever known in expert testimony," Clancy said.
The prosecution brought in an expert to testify that there is no profile for a child molester, but Clancy said the judge allowed the expert to testify "for an hour and a half about everything but that."
"She was all over the place," Clancy said. "I consider it highly improper."
Butts did not immediately return requests for comment about the sentencing Friday.
Martin is married with two young daughters. His wife, Jennifer
Martin, has said she doesn't believe the charges and supports her husband.
