Bernardo Castillo Martinez was scheduled to be sentenced in Bartow Superior Court Tuesday morning.  Instead, Judge Scott Smith announced his decision to order a new trial for Martinez.  Judge Smith first outlined his respect for juries and the Judicial System.  He said in his many years as a jurist, he has never taken this action.  However, Judge Smith cited numerous examples of reasonable doubt.  The children were in foster care; the foster parents were attempting to adopt the children.  The allegations of abuse surfaced after Martinez worked to gain custody of his children.  The alleged victim, just 4 at the time, had difficulty telling interviewers about the abuse.  The child named numerous people as abusers, excluding Martinez. Law enforcement officers could not substantiate the allegations.  Judge Smith said he abhors child abuse.  He ended by saying this decision may be criticized. He said, “if we elect judges who do what’s popular, then we don’t really have judges.  I have a duty to my oath and I will not forsake my duty.”