A judge denied a motion to suppress evidence in court Tuesday.
SAN ANTONIO — As a local physician heads to trial, accused of online solicitation of a minor, his defense team tried and failed on Tuesday to get some evidence tossed out.
Dr. Anthony Michael Martinez, 47, was arrested in October 2023 at a northwest side gas station.
San Antonio Police who ran a sting operation accuse Martinez of trading text messages with someone he believed to be a 15-year-old girl and arranging a meeting.
A police report details a number of the messages, in which they claim Martinez wrote about wanting to be a “sugar daddy” to someone who would provide “loving and discretion.”
The defense attorney told Judge Joel Perez he believes rules were broken as evidence was gathered, calling the incident a warrantless search.
He urged the judge to not allow evidence found in the vehicle Martinez was driving, including a bag of fast food, a soda and his phone.
The original police report in the case accuses Martinez of trading messages about a specific burger and drink order before the meetup, items that were found during a search.
Prosecutors countered no warrant was required because probable cause was well established, saying the messages and the arrest all went down in real time.
Telling the judge “He described himself as pumping gas as he was texting the detective,” going on to say the phone with the messages was found in his hand when Martinez was taken into custody.
Martinez has been out of jail on bond since shortly after his arrest. He was in the gallery listening to the proceedings but he did not participate in the hearing.
Judge Perez denied the motion to suppress evidence. A date for the next court proceeding has not yet been set.
Meanwhile, online records of the Texas Medical Board show that the physician license of Martinez was suspended by the board November 7, 2023, while they wait for a resolution to the criminal charge.