GUILTY NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests* *2 guilty*

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ALBUQUERQUE, N.M. – Former Bernalillo County District Attorney Kari Brandenburg is defending how her office handled the Victoria Martens murder case.

In June, current Bernalillo County District Attorney Raul Torrez pointed to a number of shortcomings that affected the case before he took office. He said numerous phone records had not been obtained, DNA had not been ordered and a number of witness interviews had not been completed.

With the murder charges dropped against Victoria’s mother and her boyfriend Fabian Gonzales, the investigation went in a different direction.
 
This is happening Monday.

Gonzales:

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
08/09/2018 MTN: TO DISMISS D 1
DEMAND FOR BILL OF PARTICULARS OR IN THE ALTERNATIVE MOTION TO DISMISS FOR VIOLATION OF DOUBLE JEOPARDY
08/09/2018 MTN: IN LIMINE D 1
DEFENDANT'S; TO EXCLUDE INADMISSABLE HEARSAY TESTIMONY OF JESSICA KELLEY
08/09/2018 MTN: IN LIMINE D 1
DEFENDANT'S; TO EXCLUDE INADMISSABLE HEARSAY TESTIMONY OF JESSICA KELLEY
08/09/2018 RESPONSE D 1
DEFENDANT'S; TO STATE'S MOTION IN LIMINE
08/08/2018 ORD: OF CONTINUANCE
TO CONTINUE MOTION HEARING SETTING
08/08/2018 MTN: FOR CONTINUANCE P 1
STATE'S STIPULATED; TO CONTINUE MOTION HEARING SET AUGUST 13, 2018

link: Caselookup - Disclaimer
 
So I know the details are so horrible and gruesome. Im not wanting to trigger anyone but I was thinking the way they removed some organs which were found in a bag, Is it possible they were trying to harvest the organs? U have read the dark Web has scary stuff like that. And maybe JK had been talking abt it with who ever 4th DNA creep is... I wish they would release the actual true story fully of the events that day. It seems incredibly irresponsible to not set the record straight at this point.
 
Monday, August 13th:
*Motion to Dismiss Hearing (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016) – only for Fabian Elias Gonzales (33) (“mom’s” BF) charged (6/24/16) & indicted (9/10/16) with intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of child abuse & 4 counts of conspiracy. Plead not guilty. $1M cash only bond.
Has Pretrial hearing on 9/21, jury trial starts 10/15/18.
6/30/18 Update: Bernalillo County District Attorney Raul Torrez dropped first-degree murder and rape charges Friday against a man arrested in the grisly killing of a 10-year-old Albuquerque girl, saying an ongoing investigation had revealed that much of what authorities had believed and shared publicly about the case was "simply not true." The mother had falsely told police Gonzales rape & killed daughter. Cell phone data says they were not there. An unidentified male's DNA was found on Victoria's body, Gonzales' was not.
8/13/18 Update: Hearing is regarding Motion to Dismiss for violation of double jeopardy.
*Jessica Rosalie Kelley (33) (cousin of FG) charged (6/26/16) & indicted (9/10/16) with 1st degree murder, intentional abuse of child resulting in death, 2 counts of aggravated child rape, 2 counts of sexual contact, 2 counts of child abuse, 8 counts of tampering with evidence, 2 counts of aggravated battery, 4 counts of conspiracy & 1 count of resisting arrest. Plead not guilty. $1M cash only bond. Has Evidentiary hearing 11/6, pretrial on 12/14 & jury trial on 1/7/19.
7/13/18 Update: DA drops 2 counts of child abuse charges. LE are still looking for a 4th suspect/POI.
*Michelle Martens (37) (“mom”) charged (6/24/16) & indicted (9/10/16) with 1st degree murder, intentional abuse of a child resulting in death, kidnapping & tampering with evidence. Plead not guilty. $1.5M cash only bond.
6/29/18: Took plea deal & pled guilty to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against other 2 & will be sentenced after other cases are over. Faces up to 12-15 years in prison.
 
4th suspect? I just listened to the news reports quoting the police. The only thing that shows a 4th person being involved is a partial DNA. At this point I think one of the 3 suspects would have thrown number 4 under yhe bus if they could by now.
Is it not more likely that it could be transfered DNA from some JK had sex with earlier in the day or someone she possibly attacked earlier?
 
ChantyG said:
4th suspect? I just listened to the news reports quoting the police. The only thing that shows a 4th person being involved is a partial DNA. At this point I think one of the 3 suspects would have thrown number 4 under yhe bus if they could by now.
Is it not more likely that it could be transfered DNA from some JK had sex with earlier in the day or someone she possibly attacked earlier?
Click to expand...
It's technically called "traveling DNA" which also may explain why they only found a partial DNA profile. I am beginning to wonder if JK was the rapist and murderer alone on the night. Yes MM And FG did not protect VM. But is it not possible JK did it on her own? The Case of the Traveling DNA
 
Thought I might have the date wrong, but it did say 8/13, but now it looks like it is scheduled for today, 8/14

Gonzales:

Jail site:
Arrest Charges
Case Number: D202CR201404042
Release Type: Credit Time Served
Arrest Date: 08/24/2016
Arrest Time: 17:00
Arrest Location:
Statute: 30-6-1D(1)
Description: ABANDONMENT OR ABUSE OF A CHILD

link: Charges List


Court Site:
Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
10/15/2018 9:00 AM JURY TRIAL Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602

09/21/2018 1:30 PM PRE-TRIAL CONFERENCE / PLEA HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602

08/14/2017 10:00 AM MOTION HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
08/09/2018 MTN: TO DISMISS D 1
DEMAND FOR BILL OF PARTICULARS OR IN THE ALTERNATIVE MOTION TO DISMISS FOR VIOLATION OF DOUBLE JEOPARDY

08/09/2018 MTN: IN LIMINE D 1
DEFENDANT'S; TO EXCLUDE INADMISSABLE HEARSAY TESTIMONY OF JESSICA KELLEY

08/09/2018 MTN: IN LIMINE D 1
DEFENDANT'S; TO EXCLUDE INADMISSABLE HEARSAY TESTIMONY OF JESSICA KELLEY

08/09/2018 RESPONSE D 1
DEFENDANT'S; TO STATE'S MOTION IN LIMINE
08/08/2018 ORD: OF CONTINUANCE

TO CONTINUE MOTION HEARING SETTING
08/08/2018 MTN: FOR CONTINUANCE P 1
STATE'S STIPULATED; TO CONTINUE MOTION HEARING SET AUGUST 13, 2018

\link: Stale Session
 
Judge rejects key suspect’s plea deal in Victoria Martens’ murder (with clip)

Sep 14, 2018

"ALBUQUERQUE, N.M. —
Judge denies plea deal for key murder suspect:

Judge Charles Brown denied Jessica Kelley’s request for a plea in the murder of 10-year-old Victoria Martens.

Kelley’s defense team requested a plea deal Friday that would include her pleading guilty to six charges, including child abuse resulting in death....

“You have not presented me with enough evidence that anyone would feel that there was some foreseeable risk that this person presented,” Brown said.

Kelley faces 18 charges including tampering with evidence, conspiracy and first-degree murder.

She would have faced more than 49 years in prison if the plea deal were accepted...."


Judge rejects key suspect’s plea deal in Victoria Martens’ murder
------------------------------------------------------------------------------------------------------------------------------

-------------------------------------------------------------------------------------------------------------------------------
 
keeleydoll said:
I’m surprised a judge in a state without the death penalty would reject a 49 year plea, but LWOP is on the table and what she did to her sweet child is beyond reprehensible. IMO the judge would prefer dp but only LWOP is available in this state.
Click to expand...

I'm glad the judge rejected it the only way she should be leaving the jail is when she is deceased. All the cases here are horrendous but I am especially horrified and sickened to the core by what happened to Victoria and in the Shan'ann Watts and children case I will never begin to understand the evil involved.
 
Here's what I don't get, in regard to Jessica Kelley's version of events. The way she puts it, she was so high, and so debilitated when the mystery man came into the apartment, that she was unable to stop him from killing Victoria. Or she didn't know he was killing Victoria. Or something. And afterward she presumably just stood there slack-jawed while this murderer delivered some monologue about how Fabian has "messed up" and they better clean up the crime scene or her kids would be next?

The thing is, Jessica is a—how can I put this—formidable woman. A history of violence, assaults, beating people up.... She's no wilting flower. After all this happened, she beat up Michelle Martens with an iron and Fabian was supposedly helpless to stop her. Presumably the mystery man also knew Jessica (or at least knew OF her) because this was all in retaliation for an occurrence between Fabian and a pregnant guest at Kelley’s get-out-of-prison party.

What I’m saying is, Jessica Kelley’s reputation doesn’t suggest she’s an easy target. I don’t think anyone who knew her would think they could walk into her house and start strangling people without getting a fist full of Jessica. So how would this dude know she would be “so high” and “hallucinating” and unable to stop him from killing Victoria? There was no mention of a gun, or a knife, or some other way to keep Kelley at bay. So her being totally incapacitated would have to be a lucky coincidence for the perp.
 
Niner said:
can't access this article - can some give a 10% synopsis please? :)
Click to expand...
Summarizing...
Basically, the DA has to regroup as Kelly was going to testify in the upcoming Gonzales trial, or maybe putting together a different motion in front of the judge with different charges to get the deal approved.
 
Friday, Sept. 21st:
*Pretrial/Plea Hearing (@ 1:30pm MT) – NM – Victoria Martens (10) (Aug. 23, 2016) – only for Fabian Elias Gonzales (33) (“mom’s” BF) charged (6/24/16) & indicted (9/10/16) with 1st degree murder, intentional abuse of a child resulting in death, 2 counts of aggravated child rape, 2 counts of sexual contact, 8 counts of tampering with evidence, 1 count of child abuse & 4 counts of conspiracy. Plead not guilty. $1M cash only bond.
Jury trial starts 10/15/18.
*Jessica Rosalie Kelley (33) (cousin of FG) charged (6/26/16) & indicted (9/10/16) with 1st degree murder, intentional abuse of child resulting in death, 2 counts of aggravated child rape, 2 counts of sexual contact, 8 counts of tampering with evidence, 2 counts of aggravated battery, 4 counts of conspiracy & 1 count of resisting arrest. Plead not guilty. $1M cash only bond.
Has Evidentiary hearing 11/6, pretrial on 12/14 & jury trial on 1/7/19.
*Michelle Martens (37) (“mom”) charged (6/24/16) & indicted (9/10/16) with 1st degree murder, intentional abuse of a child resulting in death, kidnapping & tampering with evidence. Plead not guilty. $1.5M cash only bond. 6/29/18: Took plea deal & pled guilty to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against other 2 & will be sentenced after other cases are over. Faces up to 12-15 years in prison.
 
for Gonzales:

Docket:
09/21/2018 ORD: ORDER
FORM ORDER ON SCHEDULED MOTIONS; STATE'S UNOPPOSED MOTION TO AMEND THE INDICTMENT TO CONFORM TO THE EVIDENCE IS GRANTED; DEFENSE FOULENFONT MOTION TO DISMISS COUNT ONE IS DENIED; STATE'S MOTION TO EXTEND THE PTI DEADLINE IS DENIED; DEFENSE MOTION IN LIMINE RE: GANGS IS DENIED

and court hearing:
10/15/2018 9:00 AM JURY TRIAL

link: Stale Session

explanation of a Foulenfont Motion:
State v. Foulenfont
 
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