GUILTY NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests* *2 guilty*
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Niner
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Tuesday, Sept. 25th:
*Hearing (Plea deal offer?) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016) – only for *Jessica Rosalie Kelley (33) (cousin of FG) charged (6/26/16) & indicted (9/10/16) with 1st degree murder (willful & deliberate), 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, 1 count of conspiracy to commit intentional child abuse & 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.
9/14/18 Update: 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. Would have faced more than 49 years in prison if the plea deal was accepted.
*Fabian Elias Gonzales (33) (“mom’s” BF) charged (6/24/16) & indicted (9/10/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse, 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Jury trial started 10/15/18.
*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.
*Hearing (Plea deal offer?) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016) – only for *Jessica Rosalie Kelley (33) (cousin of FG) charged (6/26/16) & indicted (9/10/16) with 1st degree murder (willful & deliberate), 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, 1 count of conspiracy to commit intentional child abuse & 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.
9/14/18 Update: 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. Would have faced more than 49 years in prison if the plea deal was accepted.
*Fabian Elias Gonzales (33) (“mom’s” BF) charged (6/24/16) & indicted (9/10/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse, 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Jury trial started 10/15/18.
*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.
DropthePuck
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From 9/25/18:
"A judge has rejected a motion to reconsider a plea deal for Jessica Kelley, a prime suspect in the murder of 10-year-old Victoria Martens."
"According to Kelley, she let an unknown man inside the apartment who was looking for Gonzales. She says that man then killed Victoria as gang retaliation against Gonzales. Judge Brown said that wasn't enough for the charge of child abuse resulting in death because Kelley did not know what was going to happen."
Sooo, Kelley might be able to skate away from this whole thing with lesser charges? I wonder what charges they'll pursue at her trial.
Without plea deal, DA believes Victoria Martens case is hampered
"A judge has rejected a motion to reconsider a plea deal for Jessica Kelley, a prime suspect in the murder of 10-year-old Victoria Martens."
"According to Kelley, she let an unknown man inside the apartment who was looking for Gonzales. She says that man then killed Victoria as gang retaliation against Gonzales. Judge Brown said that wasn't enough for the charge of child abuse resulting in death because Kelley did not know what was going to happen."
Sooo, Kelley might be able to skate away from this whole thing with lesser charges? I wonder what charges they'll pursue at her trial.
Without plea deal, DA believes Victoria Martens case is hampered
I honestly don't know what to think at this point. This whole thing has gotten twisted and turned. Will there ever be justice for what happened to Victoria? What a sad situation.
This really has me concerned. Will they keep trial dates now, and just how will they proceed?
Without plea deal, DA believes Victoria Martens case is hampered
Prosecutors will not be able to use any of Kelley's testimony against Gonzales.
"That dramatically impacts our ability to secure that conviction and presents significant challenges to the presentation of evidence," said Bernalillo County District Attorney Raul Torrez.
Gonzales' trial is set to begin in October and Kelley's trial is slated for January.
Niner
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For Kelley:
Hearing Time Hearing Type Hearing Judge Court Court Room
01/07/2019 9:00 AM JURY TRIAL Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602
12/14/2018 1:30 PM PRE-TRIAL CONFERENCE / PLEA HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602
11/06/2018 9:00 AM EVIDENTIARY HEARING Brown, Charles W.
link: Stale Session
and it looks like Gonzales has a Status hearing today:
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
09/27/2018 10:30 AM STATUS HEARING/ CONFERENCE Brown, Charles
Event Date Event Description Event Result Party Type Party # Amount
09/26/2018 NTC: OF APPEAL TO COURT OF APPEALS/ SUPREME COURT
09/26/2018 MTN: MOTION D 1
TO EXCLUDE EXPERT GANG TESTIMONY
09/25/2018 NTC: STATUS HEARING
SET 9/27/18 AT 10:30 AM.
09/25/2018 ORD: ORDER P 1
ON MOTIONS IN LIMINE
09/25/2018 ORD: ORDER P 1
ON STATE'S UNOPPOSED SECOND MOTION TO AMEND THE INDICTMENT
09/24/2018 ADDENDUM
Link: Stale Session
Hearing Time Hearing Type Hearing Judge Court Court Room
01/07/2019 9:00 AM JURY TRIAL Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602
12/14/2018 1:30 PM PRE-TRIAL CONFERENCE / PLEA HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602
11/06/2018 9:00 AM EVIDENTIARY HEARING Brown, Charles W.
link: Stale Session
and it looks like Gonzales has a Status hearing today:
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
09/27/2018 10:30 AM STATUS HEARING/ CONFERENCE Brown, Charles
Event Date Event Description Event Result Party Type Party # Amount
09/26/2018 NTC: OF APPEAL TO COURT OF APPEALS/ SUPREME COURT
09/26/2018 MTN: MOTION D 1
TO EXCLUDE EXPERT GANG TESTIMONY
09/25/2018 NTC: STATUS HEARING
SET 9/27/18 AT 10:30 AM.
09/25/2018 ORD: ORDER P 1
ON MOTIONS IN LIMINE
09/25/2018 ORD: ORDER P 1
ON STATE'S UNOPPOSED SECOND MOTION TO AMEND THE INDICTMENT
09/24/2018 ADDENDUM
Link: Stale Session
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Niner
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Niner
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misgrn
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WS slow this morning...
Can't access - summary please?
TIA!
Documents claim more DNA was found on slain 10-year-old
She also says when the DNA was deposited in the area and when it was collected also plays a role in the investigation.
Eta link and fix formatting error
Conelrad
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Yeah, at this point, I don't believe a 4th person exists either. Especially not after this phone call. Key suspect in Martens case speaks with sister, hours before girl's death
I think Kelley was tweaking and in the midst of some psychotic episode when she killed Victoria all by herself. All this talk of a man who came into the apartment to strangle Victoria only came out after Kelley knew the police were looking for a fourth suspect based on DNA evidence. And I think it's way too much of a coincidence that the hallucinating, paranoid Kelley—already convinced some dude named "Sinner" was "rolling up" on the apartment—was actually visited by some guy who somehow knew he was free to kill Victoria with impunity because Kelley was supposedly incapacitated due to her drug use.
Meth isn't the same as heroin or pain pills—it doesn't render you useless and unable to fend off an attack by a stranger. In some cases, it might make you even more dangerous to someone threatening you.
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This leads me to believe what I orginally said abt the 4th DNA. I believe kelley had sex possibly prostituting herself that day for drugs/money. I think the 5 men's DNA found in "the crotch of her jumper" was transfered to VM's lower back when Kelley assaulted VM or when strangling her I imagine she would have used her own body to restrain or hold VM in place until the child no longer able to fight or try to escape. I hope they can prove this theory. I hope they can identify the DNA and it can be finally proven the men did have sex with Kelley but non of those men were in or near the apartment that day.
Conelrad
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Absolutely. They say it may have transferred when Kelley "straddled" Victoria to dismember her. But when ELSE does someone "straddle" someone else? To STRANGLE them. Ugh. This case sickens me, but the twists and turns are something straight out of a SVU episode.
awillis0513
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I’d say the judge also doesn’t believe the fourth person exists, which is why he didn’t accept her plea.
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Jessica Kelley's attorneys filed paperwork asking a judge to move her trial to either Taos, McKinley or Rio Arriba counties.
Murder suspect wants trial moved out of Albuquerque
Murder suspect wants trial moved out of Albuquerque
imstilla.grandma
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Victoria Martens Law-Verified Original
Several motions were filed in the case against Jessica Kelley this week, including a motion by the defense to drop the highest charge she faces.
Drop Count One
Kelley, accused in the death of 10-year-old Victoria Martens back in 2016, says the charge of 'Child Abuse Resulting in Death' she faces should be dropped.
Just last month, Kelley was ready and willing to sign a plea deal that meant she could get 49 years in prison. The highest charge, as part of the deal, was child abuse resulting in death.
Now, her lawyer says that charge should be dropped altogether after Judge Charles Brown rejected her attempted plea deal twice.
Kelley's attorney says the state does not have enough evidence to prove Kelley is a killer of any kind.
The state disagrees, according to court documents. Those documents show prosecutors believe Kelley had a responsibility to protect Victoria, especially knowing of Gonzales's drug-fueled gang ties.
District Attorney Raul Torrez was not available for an interview Wednesday, but his spokesperson said a formal response to this motion will be filed Oct. 23.
State files motion to allow Jessica Kelley's criminal history in trial
Several motions were filed in the case against Jessica Kelley this week, including a motion by the defense to drop the highest charge she faces.
Drop Count One
Kelley, accused in the death of 10-year-old Victoria Martens back in 2016, says the charge of 'Child Abuse Resulting in Death' she faces should be dropped.
Just last month, Kelley was ready and willing to sign a plea deal that meant she could get 49 years in prison. The highest charge, as part of the deal, was child abuse resulting in death.
Now, her lawyer says that charge should be dropped altogether after Judge Charles Brown rejected her attempted plea deal twice.
Kelley's attorney says the state does not have enough evidence to prove Kelley is a killer of any kind.
The state disagrees, according to court documents. Those documents show prosecutors believe Kelley had a responsibility to protect Victoria, especially knowing of Gonzales's drug-fueled gang ties.
District Attorney Raul Torrez was not available for an interview Wednesday, but his spokesperson said a formal response to this motion will be filed Oct. 23.
State files motion to allow Jessica Kelley's criminal history in trial
imstilla.grandma
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Warning, the following details are disturbing.
Documents reveal new details surrounding Victoria Martens' death
Documents reveal new details surrounding Victoria Martens' death
Niner
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Well - I don't know "what" is going on, as I had Gonzales' trial scheduled to start today, but just looked up the court site, and no mention of trial starting today....
Here's what the court site has today:
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
09/27/2018 10:30 AM STATUS HEARING/ CONFERENCE
09/21/2018 1:30 PM PRE-TRIAL CONFERENCE / PLEA HEARING
and Event Description: (looks like Motions were filed!)
10/12/2018 RESPONSE P 1
TO DEFENDANTS MOTIONS TO EXCLUDE GANG TESTIMONY
10/10/2018 MTN: ORDER TO SHOW CAUSE
STATE'S; AND ORDER TO SHOW CAUSE FOR VIOLATION OF THIS COURT'S PROTECTIVE ORDER
10/10/2018 REPLY P 1
STATE'S REPLY TO DEFENDANT'S SUPPLEMENT TO MOTION TO EXCLUDE EXPERT GANG TESTIMONY
10/02/2018 MTN: MOTION D 1
SUPPLEMENT TO MOTION TO RECONSIDER GANG TESTIMONY
10/02/2018 MTN: MOTION D 1
TO ALLOW PRIOR STATEMENT OF JESSICA KELLEY
10/01/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION TO SANCTION PROSECUTION FOR DISCOVERY VIOLATIONS REGARDING DNA TESTING
09/27/2018 MTN: MOTION D
Link: Caselookup - Disclaimer
I'll look at the court site later today & see what it says....
Here's what the court site has today:
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
09/27/2018 10:30 AM STATUS HEARING/ CONFERENCE
09/21/2018 1:30 PM PRE-TRIAL CONFERENCE / PLEA HEARING
and Event Description: (looks like Motions were filed!)
10/12/2018 RESPONSE P 1
TO DEFENDANTS MOTIONS TO EXCLUDE GANG TESTIMONY
10/10/2018 MTN: ORDER TO SHOW CAUSE
STATE'S; AND ORDER TO SHOW CAUSE FOR VIOLATION OF THIS COURT'S PROTECTIVE ORDER
10/10/2018 REPLY P 1
STATE'S REPLY TO DEFENDANT'S SUPPLEMENT TO MOTION TO EXCLUDE EXPERT GANG TESTIMONY
10/02/2018 MTN: MOTION D 1
SUPPLEMENT TO MOTION TO RECONSIDER GANG TESTIMONY
10/02/2018 MTN: MOTION D 1
TO ALLOW PRIOR STATEMENT OF JESSICA KELLEY
10/01/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION TO SANCTION PROSECUTION FOR DISCOVERY VIOLATIONS REGARDING DNA TESTING
09/27/2018 MTN: MOTION D
Link: Caselookup - Disclaimer
I'll look at the court site later today & see what it says....