Bail reduced for man accused of sexual abuse

Jan. 14, 2006

By MARY AMES/ Frontiersman

PALMER - A former school bus monitor in jail on multiple sexual abuse and harassment charges was granted a reduction in bail and approval of his third-party custodians Friday, but he was not released.

Martin A. Fleming, 36, was charged with two counts of second-degree sexual abuse of a minor, third-degree sexual abuse of a minor and three counts of second-degree harassment when he was arrested Nov. 3.

At the time of his arrest, Fleming's bail was set at $25,000 cash and approval of third-party custodians. At a subsequent bail hearing, Superior Court Judge Eric Smith reduced Fleming's bail to a $25,000 bond, but Fleming has had difficulty finding someone who can be with him 24 hours a day.

John Fleming, Martin Fleming's father, could be with him part of the day, he told the court at a previous hearing, but not 24 hours a day. Rex Butler, Martin Fleming's Anchorage attorney, requested a further reduction in bail, GPS ankle monitor with supervision by Alaska Monitoring Services, with the parents acting as a custodian when they could.

Martin Fleming could be in lockdown, with no objection, because he was in lockdown while in custody, Butler said.

&#8220He was assaulted while in custody due to the charges,” Butler said by telephone. &#8220So he is in lockdown now.”

Rick Allen, assistant district attorney, objected to allowing Fleming to be released on an ankle monitor. The Department of Corrections wouldn't allow anyone with such charges out in their custody, he said.

&#8220He's a threat to children,” Allen said. &#8220So the state opposes it.”

Butler said he understood the state's concern of civil liability that prevents sex offenders or defendants with misdemeanor domestic violence charges from being released on an ankle

monitor.

&#8220But this is a private company willing to assure he is doing what the court wants,” Butler said.

Judge Smith said he already reduced bail once, and wouldn't do so again. The allegations against Fleming indicated the need for a custodian to prevent Fleming from contacting victims, he said.

Martin Fleming read a letter he wrote, asking his father for moral support and saying he would and could help out at his parents' house.

Judge Smith signed approval of John Fleming as a custodian, saying when he could be within sight and sound of his son 24 hours a day, seven days a week, he wouldn't need another hearing for approval.

Online court records show Martin Fleming will be on probation from a February 2005 conviction for driving under the influence until March 31, 2008. Two domestic violence assault charges, and a charge of malicious destruction of property filed in Anchorage in January 2000, resulted in a five-year suspended imposition of sentence, which was set aside in July 2001, records show. Fleming received eight traffic charges from 1997 to 2005, records also show.

Contact Mary Ames at 352-2284 or mary.ames@frontiersman.com.