Teacher acquitted of annoying student

Kim Smith

Monday, Feb. 25, 2002 | 9:53 a.m.

A suspended Orr Middle School teacher was found not guilty Friday on a misdemeanor charge of annoying a child.

Justice of the Peace James Bixler found that although math teacher Anabal Martinez behaved inappropriately with a 13-year-old student, it did not rise to the level of a crime.

Martinez still is on unpaid leave and is facing an administrative hearing that could result in his firing, his attorney, Vince Consul, said.

Martinez is one of more than a dozen Clark County School District employees arrested over the past year on various charges of engaging in inappropriate behavior with students.

According to the court testimony, Martinez was arrested in September after the girl's mother learned that Martinez had been commenting on the girl's beauty, calling the girl at home and, on one occasion, stroking her hair.

Consul argued that Martinez's actions were misinterpreted by the girl. The 10-year veteran teacher, who instructs students whose second language is English, has always become more involved with his students to help them cross any cultural gaps, Consul said.

"There was no conduct that could qualify as annoying or molesting," Consul said. "Was he unprofessional? Maybe. Probably. But he did nothing criminal."

The seventh grader testified she was transferred into Martinez's class in September because she was having language problems. Within two days of her arrival, the girl said, Martinez whispered into her ear that she was pretty and asked for her home phone number.

She said Martinez also asked her to stay after school one day.

"I told him I would miss my bus and he told me that he could take me home and drop me at the corner so my father wouldn't see him," the girl testified.

In one of the phone calls Martinez made to her, the girl said he asked if they could "start being friends." She said no because of the age difference.

Martinez ended the phone call by saying "OK, adios mi amor," the girl testified.

The Spanish-speaking interpreter who translated the girl's testimony told Bixler that mi amor is a term of affection that could mean "sweetie, baby, honey" or it could mean "my love."

According to court testimony, Martinez was told School District officials not to call the girl but continued to do so.