Jacksonville attorney calls for special prosecutor in case involving woman beaten by police officer while in handcuffs

A Jacksonville defense attorney is asking Florida’s governor to appoint a special prosecutor to the case involving a woman who was allegedly beat by a Jacksonville police officer, while she was in handcuffs.

Attorney John Phillips says local politics have gotten in the way of justice for his client, Mayra Martinez, who was arrested at a strip club with a blood alcohol level three times the legal limit in April.

Phillips says his client was mistreated by officers in three different incidents –during the arrest in a parking lot, during booking into the jail and once inside the jail.

Video shows former Jacksonville Sheriff’s Office officer Akinyemi Borisade hitting Martinez as she was being checked into jail. Borisade was fired by JSO, and is facing a misdemeanor charge for battery. He pleaded not guilty to the charge earlier this week.

The State Attorney’s Office claims there is not enough evidence to upgrade Borisade’s misdemeanor charge to a felony charge.

Martinez, 31, pleaded not guilty to charges of resisting arrest with violence last month.

Phillips says Martinez is the victim in this case, and was victimized “even further” by the State Attorney’s Office in the disposition statement.

“The extent that she has a past that involves bipolar disorder, suicide, psychological issues – you don’t publicly put that on the town square,” Phillips said on Thursday.

The request for a special prosecutor goes to Florida Gov. Rick Scott’s office to decide. Phillips says this is necessary because Assistant State Attorney Rich Mantei has a role in both the cases against Borisade and Martinez.

“You have public officials in this town going after each other instead of doing what they need to be doing, then it’s time for a special prosecutor to come in,” said Phillips.

Phillips wants the Florida Department of Law Enforcement, as well as the United State Department of Justice, to step in and evaluate the justice system in Jacksonville as a whole, since he maintains there are too many issues going unaddressed.

Mantei says releasing that kind of information in disposition statements is standard procedure.

"Police and prosecutors work together," Mantei added. "We have to work together."

Mantei also said that Martinez is free to file a libel complaint if she wishes.

JSO Undersheriff Pat Ivey responded to Phillips' comments with a statement, saying no criminal wrongdoing took place during the booking of Martinez.

You can read his full statement here:

"Although a private attorney, representing the defendant Martinez, has chosen to release materials obtained through the discovery process as part of his public defense campaign, this agency will honor the public records law that exempts us from releasing that video, as it is not public record and releasable by this agency. (F.S. 281.301)

Our agency investigation has focused on the actions of our personnel involved in the arrest and booking of Ms. Martinez. Officer Borisade was arrested and terminated by JSO when his actions were reported to supervisors and the video reviewed by the Sheriff and me, that same day.

The JSO investigation has also looked at the remainder of the booking process, and no criminal wrongdoing by any employee has been found to have occurred. Currently the administrative investigation is underway, which focuses on any policy violations. When that portion is completed, the full findings of our internal investigation will be released."