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Politicos rallied for drug dealer
Woods, Gigliotti, Ferlo urged judge to go easy on city hall coke peddler
Thursday, February 15, 2007

Two former public officials who were at one time on the wrong side of the law were among 24 people who submitted letters to the court on behalf of Gilbert Martinez three years ago when he was sentenced for selling cocaine out of his city office.

The letters came from former state Rep. Frank Gigliotti and former City Council President Ben Woods -- both men who were convicted in public corruption cases.

Only one other letter with political ties -- from state Sen. Jim Ferlo -- was submitted to Allegheny County Common Pleas Judge Donna Jo McDaniel for the February 2004 sentencing.

Those letters -- along with 21 others from family members, friends and neighbors -- were released to the Pittsburgh Post-Gazette yesterday.

The newspaper requested copies of the letters following Mr. Martinez's sentencing, but Judge McDaniel said at the time she would not release them, claiming that they had not been entered into the official court record.

The Post-Gazette appealed that decision to state Superior Court, which ruled last week that the letters should be made available. In its opinion, the court said that because the letters were used by the judge in making her sentencing decision, they were, in fact, judicial documents.

On Monday, Judge McDaniel said she planned to appeal the court's decision and refused to release the letters. However, yesterday they were turned over to the Post-Gazette.

Mr. Martinez was convicted of selling cocaine in six different transactions from his office in the City-County Building in October and November 2001.

Prior to his January 2003 trial date, he fled, only to be found later at a Meadville motel.

The letter written by Mr. Gigliotti was brief -- only five paragraphs -- and complimented Mr. Martinez for being a hard worker and good family man.

Mr. Gigliotti told Judge McDaniel he was writing his letter because of his own personal experiences. He was sentenced in 2000 to 46 months in federal prison for extortion, mail fraud, filing a false income tax return and taking bribes from contractors.

"It was an extremely difficult time for me [and my family] both mentally and physically," Mr. Gigliotti wrote. "I fear that with Gil's current health conditions, he would not be able to endure a long sentence."

Mr. Woods, who was convicted in 1989 of extortion and sentenced to four years in prison, also referenced Mr. Martinez's previous heart problems in his letter.

But he also offered more insight into the toll the criminal justice system can take on a person.

"I don't know what a long prison sentence would do to this man," Mr. Woods wrote. "I doubt that he would be able to survive it, and I'm not sure that it would best serve the public."

Mr. Woods told the judge that he didn't condone Mr. Martinez's drug sales -- or that he fled prior to his trial date. But he did try to explain it.

"Facing an unknown future and a possible prison sentence, he lost all sense of reason, and he panicked," Mr. Woods wrote. "Some people can handle the anxiety. Others can't. Gil Martinez could not handle it. I learned, in talking to his family, his fears became exaggerated and uncontrollable and he lost all sense of direction."

The only other political figure who submitted a letter on Mr. Martinez' behalf was Mr. Ferlo, D-Highland Park.

He told the judge that he had worked for Mr. Martinez as a contracts auditor. He praised him as a good boss who had a model work ethic.

"Gil always went the extra mile when staff had personal family problems or some immediate crisis to deal with in their lives," he wrote.

The senator, who also quoted Shakespeare in his letter, went on to speak highly of Mr. Martinez's relationship with his wife of more than 40 years and their family.

Judge McDaniel originally sentenced Mr. Martinez to three to six years in prison. That later was increased to a five- to 10-year sentence because the judge had failed to enforce the mandatory minimum required under state law.

Mr. Martinez is currently being held at a state prison facility in Somerset. The earliest he could be released from prison, according to the state Department of Corrections, is June 25, 2008.

First published on February 15, 2007 at 12:00 am
Paula Reed Ward can be reached at pward@post-gazette.com or 412-263-2620.
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