A Casper resident convicted last month of raping a 10-year-old girl will not receive a new trial in Natrona County District Court, a judge ruled Wednesday.

Miguel Alberto Martinez, who identifies as female and is also known as Michelle (see photo above), through her attorney Dylan Rosalez asked for a new trial because of an issue about evidence.

Martinez was convicted of first-degree and second-degree sexual assault, and will be sentenced later.

Rosalez and District Attorney Mike Blonigen voiced their previously written arguments before Judge Catherine Wilking during the 10-minute hearing.

Rosalez said Martinez was concerned the mother of the victim had been questioned and video-recorded about a specific report, but no further discovery happened.

During the trial, the mother stated that there were other physical abuse allegations by the victim and the Wyoming Department of Family Services investigated them and concluded they were unsubstantiated, Rosalez said.

Judge Wilking had declined to permit Martinez to present any evidence of the allegations that the victim made a false accusation of physical abuse against her step-father and the victim made a false accusation against another minor, Rosalez wrote in his motion. "These accusations are relevant to the credibility of the victim in this matter."

Revealing the possibility that the victim was not completely credible may have affected the jury's decision, Rosalez wrote.

But Blonigen responded the report referred to by the mother in the May 2017 deposition were outside the responsibility of the DFS.

The state did not suppress the existence of the reports, Martinez did not ask for the DFS reports until less than a week before the trial, Martinez didn't list any witness who investigated the reports, and Rosalez did not question the mother during the trial, Blonigen wrote.

According to state law, a defendant who wants a new trial has the responsibility to prove the evidence in question was more than just disputing something, and the evidence would probably produce an acquittal, among other requirements, he wrote.

Martinez failed to do what he should have before and during the trial, Blonigen wrote. "The facts and circumstances set forth above establish that the Motion should not be granted or even heard."

Wilking agreed with Blonigen.

"I will deny the motion for a new trial," she said.

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