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Appeals court orders re-sentencing of worker



Published: Sat, June 11, 2005 @ 12:00 a.m.



PITTSBURGH (AP) -- A former city employee who pleaded guilty to dealing cocaine from his desk in city hall should be re-sentenced, a state appeals court ruled.

Gil Martinez, 62, was sentenced to three to six years in prison last year after he pleaded guilty to six counts each of delivery of cocaine, possession with the intent to deliver and possession. He could have been sentenced to more than 15 years in prison.

Allegheny County prosecutors claimed the sentence was too lenient and the state Superior Court apparently agreed in a memorandum ruling this week.

"It was clear that this defendant not only substantially violated the public trust, but also carried on a criminal enterprise from a location where the public rightfully demands and expects integrity," said District Attorney Stephen Zappala Jr. "It is only proper that this defendant be given a sentence consistent with that behavior."

The former veteran city worker was arrested in the controller's office in November 2001 following a three-month sting operation during which he sold more than $5,000 worth of cocaine to undercover agents. Officers said they found $9,000 in his desk.

Martinez's attorney, Pat Thomassey, said he was disappointed by the ruling. "I thought his sentence was fair, but I guess mandatory means mandatory, and we will just have to see what happens with the judge next time around," Thomassey said.

Martinez is serving his sentence at a state prison in Somerset, about 55 miles southeast of Pittsburgh.

Copyright 2005 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.




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