DNA found on victim belongs to "perpetrator," but not the man serving 12 years

CORPUS CHRISTI, Tx — Fred Martinez is serving year 10 of a 12-year sentence for indecently touching a child on a Texas beach in 2014. But DNA evidence tells a different story—one that his attorneys said Texas courts won't hear.

Martinez, 51, pleaded guilty in 2015 to indecency with a child for an incident that occurred on a Port Aransas beach in July 2014. But DNA testing conducted after his guilty plea excluded him as a contributor to genetic material found on the victim's clothing, according to court records and laboratory reports filed with the Texas Court of Criminal Appeals. DNA found on victim belongs to "perpetrator," but not the man serving 12 years

KRIS6 News spoke to Martinez last week in a phone call from prison.

“Now the DNA proves that — the semen proves that it's not me t