During a December deposition in an ongoing federal civil rights lawsuit against the MCSO and Arpaio brought by the U.S. Department of Justice, Martinez was asked about receiving the e-mail.
Excerpts of the deposition were recently filed with the judge by Arpaio lawyer Tim Casey.
In these excerpts, Martinez tells DOJ attorney Ed Caspar that he does not remember the 2008 Mexican scuba-puppy e-mail specifically, but he likely would have found it amusing.
"I would probably think it's funny because Chihuahuas are meant to be kind of like a Hispanic dog," Martinez says, adding later, "Me, as Hispanic, I don't find it offensive."
Caspar asks Martinez whether he thinks the joke is okay to e-mail to others.
"No, I don't think it's appropriate," replies Martinez.
"Why is it not appropriate?" wonders Caspar.
"Because people might find it offensive," the deputy answers.
Another e-mail that Martinez received was titled "Indian yoga vs. Mexican yoga." The "Mexican yoga" showed a couple of borracho guys who are obviously feeling no pain.
The e-mail was sent to Martinez and several other deputies by the notorious Sergeant Brett "Shut Up" Palmer, who also sent the Mexican Navy SEAL photo out and who later claimed in court that he had been disciplined for e-mailing these images.
Palmer, of course, outranked Martinez and was Martinez's immediate supervisor in 2008.
Caspar asks Martinez about the Mexican yoga image. Martinez states that he personally would not find it offensive.
"Because in our culture, a lot of friends and family tend to get really drunk and do things like that," Martinez tells Caspar.