Ray Martinez Files Motion for Acquittal and New Trial After Federal Conviction

Former Police Commissioner Ray Martinez has added his own motion for acquittal and a new trial to the one filed by codefendant Jenifer O'Neal, former Office of Management and Budget Director. The two were convicted in district court last month on fraud, bribery and money laundering charges after prosecutors convinced a jury that they worked with star witness David Whitaker to exploit their government positions for his and their benefit.

The motion filed by counsel for Mr. Martinez argues that the evidence presented by the government “is insufficient to establish the essential elements of all the crimes charged beyond a reasonable doubt.” In December, a jury listened to prosecutors argue that Mr. Whitaker funded luxury trips to Boston for Mr. Martinez, and paid his children's school tuition.

However, the motion argues that the jury was not presented with evidence of any knowing fraudulent scheme on the former police commissioner's part. “The only arrangement was that of the business relationship between Mr. Martinez and Mr. Whitaker,” Thursday's motion states. “All funds transferred to Mr. Martinez were made pursuant to this business relationship.”