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Victim, 17, takes the stand at preliminary hearing

By Will Lewis, Reporter, WLewis@wfmz.com
Published On: Mar 12 2013 07:00:00 PM CDT
Updated On: Mar 13 2013 06:19:41 PM CDT

Teacher in court accused of having sex with student

A Monroe County teacher faced a former student in court.

The teacher is accused of sexually assaulting the then-15-year-old in the summer of 2011.

Teacher Christopher Martinelli didn't say anything on the way in or on the way out of court.

The prosecution only called one witness -- the now-17-year-old alleged victim who testified he has been in Martinelli's home and described what happened to him.

Christopher Martinelli of Tobyhanna, Monroe County, was led into the court, handcuffed.

He didn't say anything.

Inside the courtroom, the prosecution called his alleged victim to the stand.

The teenage boy testified that he was at Martinelli's home twice in the summer of 2011, once in June and once on the fourth of July.

During the testimony the victim says both times, he and Martinelli listened to music and then went to the bedroom where they had sex.

"Allegations are very disturbing and this defendant, like any defendant is innocent unless and until convicted and proven guilty in a court of law," said prosecutor, Michael Rakaczewski.

"We insist it's going to be difficult because it never happened," said Martinelli's attorney, James Swetz.

The defense questioned the alleged victim about the timeline of events.

He told the court that Martinelli picked him up at the Casino Theatre in Mount Pocono on both occasions after his parents dropped him off there.

The alleged victim also testified during one visit he went through a garage and stopped in the bathroom to make sure he was looking okay.

The defense wouldn't give out a lot of information on how they will defend Martinelli but admit the opportunity is there.

"There were certain things that were said during the course of that proceeding which we are going to be able to use to show it never happened," added Swetz.

The defense asked for reduced bail but the prosecution asked that bail be kept the same.

"There is an active and ongoing investigation into the possibility of there are additional victims," said Rakaczewski.

Christopher Martinelli's bail remains at $200,000.

The defense says they will make another motion for reduced bail to the court of common pleas.