Eugene Martinez had a reputation.
If you were a defense client of his facing prosecution in Monterey County Superior Court, he'd fight to the death for your rights. If you were a colleague on the same side of the fight, he was the best friend you'd ever have. If you were a colleague on the other side of the fight?
Watch out, because he would do his level best to kick your ass—and when he did, you wouldn't necessarily have any hard feelings over it because he was just too good at his job and you'd just been out-lawyered.
Attorneys and others from around Monterey County were sharing their thoughts about Martinez after word came down this morning, Nov. 6, that the former prosecutor turned defense attorney died after a month-plus bout of Covid-19.
Martinez was either the first or one of the first Latino prosecutors in the county, having joined the Monterey County District Attorney's Office after graduating from Stanford Law School in 1978. He rose to the rank of assistant district attorney, one of the office's top supervisors, and ran for the top seat in 1990, ultimately losing that race to Dean Flippo.
From there, he switched sides, metaphorically speaking anyway: He became an in-demand defense attorney—and a mentor to a new generation of defense attorneys as well.
"Hard fighter, straight shooter, good man," former prosecutor turned defense attorney Gary Thelander says. Prosecutor Steve Somers describes him as a once formidable prosecutor and an excellent attorney.
"I always enjoyed the challenge of facing him," Somers says. "He was a fierce advocate for his clients, and always so obviously proud of his children."
Defense attorney Miguel Hernandez remembered his friend and colleague as a true gentleman—a Warriors fan with a good sense of humor outside of court, and all business in court.
"He was stellar as a lawyer, one of the best I've ever seen, and one of the most eloquent speakers I'd ever heard," Hernandez says. "He was just a very nice guy all the way around. We had a friendship for over 40 years."
"He was a lion with a capital L in the courtroom. He could also be as gentle as a lamb in person and in comforting one of us who maybe didn't have as much success as he did," says defense attorney Steve Rease. "Some lawyers can get by on their personality and dynamism in court, and Gene had all that, but what he had that most lawyers don't is the intellect to go with it.
"You weren't going to win too many legal arguments with Gene," Rease says.
Martinez practiced with his son, Mario, and had previously practiced with his daughter, Anna, as well. But he counted a number of local defense attorneys as members of his extended family. Joe Cisneros started his law career working under Martinez, and stayed working with him from 1996 to 2001.
Cisneros describes Martinez as "a great friend and mentor," who introduced Cisneros to the woman Cisneros would marry.
"When you become an attorney, it's one minute you're not an attorney and the next you pass the bar and people look at you like you know what you're supposed to be doing," Cisneros says. "In my first year, he gave me opportunities that were challenging but he always supported me. It was exciting and great working for him.
"My wife and I are both really upset," Cisneros adds. "Gene was a great attorney. He was courageous and was someone willing to standup for the underdogs in our county."
District Attorney Jeannine Pacioni described Martinez as "one of the most formidable defense attorneys in the Monterey County justice system.
"He was good. Gene, he was very smart and he knew how to use the law to his client's advantage," Pacioni says.
Retired Chief Assistant District Attorney Terry Spitz says he joined the DA's office a few months after Martinez, and recalls seeking out a transcript of an argument Martinez had made in court because it was so good.
"He spoke very well and was very organized and he always knew where he was going in his case," Spitz says.
"Gene Martinez was one of the greats. I knew him from when I was a prosecutor when we battled it out in court. I've also had the pleasure of working with him as a colleague and more recently he's appeared before me countless times," Superior Court Judge Andrew Liu writes via email. "Known as a formidable trial attorney, Gene provided some of the best representation possible for the accused.
"His cross examinations could be withering and marvelous," Liu adds. "Not only that, but he was a cool guy. This is a tragic loss for our legal community and he will be sorely missed."
Information about a memorial for Martinez was not immediately available.

(1) comment
Big loss to the legal community and I am sure to his family. When I was a patrol cop I had a few cases with Gene when he was a prosecutor, He was good, When I was a narc, after Gene went to the defense, I had more than a few jury trials against Gene. We had some heated jousts on the witness stand but always professional. Later when I went to the DA's office I dealt with him again more than few times in court. Things often got testy between us. But Right after I retired, he saw me and sincerely tried to persuade me to get my PI's license and work for him. Class move. Great legal mind and a really nice man. Sad day.
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