Marcucci contrasted the case with others, noting her concern with how dramatically the hate crime and habitual offender enhancements increased Martinez's prison time. She said she believes - if anything - her sexuality was an asset as she argued his case. Marcucci told the Register that she fought aggressively for Martinez, including seeking dismissal of the hate crime enhancement on free speech grounds. “She doesn’t have my best interests at heart, your honor,” Martinez said, according to the transcript. But Marcucci was ultimately reassigned to the case after Martinez was unable to retain his own attorney, court records show.īefore his conviction, Martinez made several statements to media and in court proceedings condemning or disparaging gay people, including claiming in an August hearing that “a person who cannot discern their difference between gender is mentally retarded.” He said his views were based on his religious beliefs.Īs he argued to be allowed to hire his own attorney, he told the court that Marcucci “was about to blow at some of the things I was telling her.” He said he was willing to stand behind his beliefs even if it resulted in his incarceration. Van Marel allowed Martinez to seek private counsel. And I can just read right through the lines,” Martinez told Iowa District Associate Judge Steven Van Marel, according to the transcript. “It’s not ironic they appointed her to my case, your honor.
