Former St. Paul City Council candidate charged with posting photo of woman without consent

David Martinez Photo: File
David Martinez

December 14, 2018 02:10 PM

A former candidate for the St. Paul City Council has been charged with posting a nude photo of a woman online without her consent.

Court records show David Martinez was charged earlier this week with nonconsensual dissemination of private sexual images-intentionally disseminate image without consent in Ramsey County.

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RELATED: From jail, St. Paul City Council candidate says 'He's staying in race'

The charge is a felony.

According to the criminal complaint, the woman reported on July 14 that Martinez had posted a nude photo of her on his Wordpress.com web page. The post allegedly appeared on the web page "David Martinez for City Council, Ward 4" under a post entitled "Transparency."

The complaint states the woman alleged the topless photo was taken on a private beach in Puerto Rico and was meant for Martinez's eyes only. She said she did not agree to have the image - in which her face is clearly visible - posted publicly.

RELATED: St. Paul Council candidate arrested for revenge porn

In the post on his web page, Martinez reportedly wrote about a restraining order the woman had filed against him, and said that she had told him "I am going to jeopardize/compromise your chances of winning the Ward 4 City Council seat!"

The complaint goes on to allege that in a phone interview the following day, Martinez denied posting the image and said his accounts had been hacked, expressing "the belief that someone was trying to sabotage his campaign.

He said that after he was served with the restraining order, he was allowed to go back into the house to obtain his personal belongings and that he took a laptop computer. But he reportedly said all the documents and photos had been deleted by the woman, and that he gave the laptop to three kids he saw on the street.

However, the complaint states, when he was booked into the Ramsey County jail for violating the order for protection on Aug. 8, an Apple MacBook Pro was in his backpack. He allegedly claimed at that time that he had gotten it back from the kid he gave it to.

The complaint goes on to allege that an examination of the laptop showed it contained "several hundred thousand images, contrary to the defendant's claim that (the woman) had deleted all images from the computer. One of the images was the same topless image of (the woman) that was posted on the defendant's WordPress web page."

It goes on to allege evidence showed it appeared a photo of the original image had been taken from an iPhone and emailed on July 14 to a Gmail account bearing the words Martinez and Ward 4. Less than two minutes later, the internet history on the laptop allegedly showed several visits to the David Martinez for City Council, Ward 4 website, including the blog portion and the "Transparency post."

Just days become the incident in question, Martinez was cited for disorderly conduct and banned from the St. Paul Public Library System for 30 days following a dispute at one of the library branches, according to police reports and the candidate's blog.

RELATED: St. Paul City Council candidate cited for disorderly conduct, banned from library

According to the report, police responded on July 5 to George Latimer Central Library on reports of a disorderly male. Two library assistants told police that Martinez had shouted obscenities at them inches away from their face

The two asked he be arrested and signed citizen's arrest forms, according to the police report.

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