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

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YESorNO said:
“There is no physical evidence linking Fabian Gonzales to that specific crime, and no independent forensic evidence that Michelle Martens knowingly permitted her daughter to be sexually assaulted on that day – or at any other time,” Torres said.
Click to expand...

She did have an STD, right? That means someone assaulted her.
 
forthelost said:
She did have an STD, right? That means someone assaulted her.
Click to expand...

According to the autopsy report- yes- she could have had it before the sexual abuse prior to her death, IMO:

"...What other information did the autopsy include?

The report shows Victoria had signs of sexual abuse prior to her death, including evidence of sexually transmitted disease. According to the medical examiner's report, she tested positive for HPV or human papillomavirus...."

Autopsy report released in death of Victoria Martens

Full autopsy report:

https://htv-prod-media.s3.amazonaws.com/files/victoriaautopsey-1484008212.pdf
 
Last edited:
I was going to look up next court dates, but the New Mexico court site is giving me a Server Error 502....

Server Error
502 - Web server received an invalid response while acting as a gateway or proxy server.
There is a problem with the page you are looking for, and it cannot be displayed. When the Web server (while acting as a gateway or proxy) contacted the upstream content server, it received an invalid response from the content server.

74x46px-LL-59c83b81_question-marks.gif
I'm VERY technically challenged....
 
Got in! You must have been right YESorNO - updating stuff Monday! :)

Here's what's been going on since 12/6 when he asked to be released.

Event Date Event Description Event Result Party Type Party # Amount
12/13/2018 MTN: MOTION D 1
TO GRANT WITNESS USE IMMUNITY FOR JESSICA KELLEY

12/12/2018 MTN: MOTION D 1
FOR ORDER TO PRODUCE
12/12/2018 WITNESS LIST D 1
DEFENSE WITNESS LIST
12/12/2018 WITHDRAWN D 1
NOTICE OF WITHDRAWAL OF DNA MOTION AS MOOT

12/06/2018 MTN: TO RECONSIDER/ REVIEW D 1
TO REVIEW CONDITIONS OF RELEASE


link: Stale Session

but no new court date....
 
Got in! You must have been right YESorNO - updating stuff Monday! :)

Here's what's been going on since 12/6 when he asked to be released.

Event Date Event Description Event Result Party Type Party # Amount
12/13/2018 MTN: MOTION D 1
TO GRANT WITNESS USE IMMUNITY FOR JESSICA KELLEY

12/12/2018 MTN: MOTION D 1
FOR ORDER TO PRODUCE
12/12/2018 WITNESS LIST D 1
DEFENSE WITNESS LIST
12/12/2018 WITHDRAWN D 1
NOTICE OF WITHDRAWAL OF DNA MOTION AS MOOT

12/06/2018 MTN: TO RECONSIDER/ REVIEW D 1
TO REVIEW CONDITIONS OF RELEASE


link: Stale Session

but no new court date....
 
sorry - WS is wacky this morning & can't delete my double post....
 
sorry - WS is wacky this morning & can't delete my double post....
 
sorry - WS is wacky this morning & can't delete my double post....
 
Oh geez... :rolleyes: didn't really mean ALL those double posts.... it IS Websleuths!! Hoping this will ONLY post once.... can't guarantee it though! ;)


for Kelley for 12/14 hearing:

Event Date Event Description Event Result Party Type Party # Amount
12/14/2018 RESPONSE P 1
TO DEFENDANTS MOTION FOR SANCTIONS AND REQUEST FOR EXPEDITED HEARING BECAUSE OF PROSECUTORIAL MISCONDUCT

12/12/2018 ORD: ORDER
STANDING DECORUM
12/12/2018 ORD: ORDER
ON DEFENDANTS MOTION TO USE STATEMENTS OF OPPOSING PARTY PURSUANT TO N.M.R.A. RULE 11-801(D)(2)
12/12/2018 REQUEST FOR HEARING/ SETTING D 1
DEFENDANT'S EMERGENCY MOTION FOR SANCTIONS
12/12/2018 MTN: To Impose Sanctions D 1
FOR SANCTIONS AND REQUEST FOR EXPEDITED HEARING BECAUSE OF PRESECRIAL MISCONDUCT

12/06/2018 EXHIBIT RECEIPT
12/05/2018 NTC: NOTICE
OF WITHDRAWAL OF MOTION TO SUPPRESS SURREPTITIOUS JAIL RECORDINGS THAT WERE UNLAWFULLY OBTAINED WITHOUT A SEARCH WARRANT


and next is Jury trial! Except I believe there should be another motions re sanctions I would think? I'll try & remember to keep my eye out for one. :)

Hearing Date Hearing Time Hearing Type Hearing Judge
01/07/2019 9:00 AM JURY TRIAL Brown, Charles W.


link: Stale Session
 
For Gonzalez since I last posted on him. Read from bottom up. Still no court date....

Event Date Event Description Event Result Party Type Party # Amount
12/20/2018 NTC: NOTICE
STATE'S NOTICE TO WITHDRAW ITS TENTH ADDENDUM TO STATE'S NOTICE OF INTENT TO CALL WITNESSES
12/20/2018 MTN: MOTION P 1
STATE'S SECOND MOTION TO EXCLUDE DEFENSE WITNESSES
12/20/2018 RESPONSE D 1
STATE'S; TO DEFENDANT'S MOTION TO REVIEW CONDITIONS OF RELEASE AND STATE'S EXPEDITED MOTION FOR PRETRIAL DETENTION
12/20/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION TO GRANT WITNESS USE IMMUNITY FOR JESSICA KELLY
12/20/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION FOR ORDER TO PRODUCE
12/20/2018 MTN: ORDER TO SHOW CAUSE P 1
STATE'S SECOND; FOR VIOLATION OF THIS COURT'S PROTECTIVE ORDER -

12/13/2018 MTN: MOTION D 1
TO GRANT WITNESS USE IMMUNITY FOR JESSICA KELLEY

12/12/2018 MTN: MOTION D 1
FOR ORDER TO PRODUCE
12/12/2018 WITNESS LIST D 1
DEFENSE WITNESS LIST
12/12/2018 WITHDRAWN D 1
NOTICE OF WITHDRAWAL OF DNA MOTION AS MOOT

12/06/2018 MTN: TO RECONSIDER/ REVIEW D 1
TO REVIEW CONDITIONS OF RELEASE

link: Stale Session


for Kelley:

Event Date Event Description Event Result Party Type Party # Amount
12/20/2018 NTC: NOTICE
OF ARRANGEMENTS FOR DAILY TRANSCRIPTS
12/20/2018 NTC: NOTICE
STATE'S NOTICE OF INTENT TO SEEK AGGRAVATION

12/17/2018 REPLY D 1
DEFENDANT'S; TO STATE'S RESPONSE TO DEFENDANT'S MOTION FOR SANCTIONS AND REQUEST FOR EXPEDITED HEARING...
12/17/2018 NTC: NOTICE D 1
DEFENDANT'S NOTICE OF WITHDRAWAL OF MOTION TO EXCLUDE EXPERT TESTIMONY OF DR. PETER DIVASTO REGARDING METHAMPHETAMINE USE

link: Stale Session

Calendar still shows 1/7 as Jury Trial for Kelley.
 
Murder suspect expected in court just days before trial (with clip)

January 02, 2019

"ALBUQUERQUE, N.M. - One of the suspects in the murder of 10-year-old Victoria Martens is expected to go before a judge Wednesday just days before her trial begins.

Jessica Kelley's defense is expected to discuss what documents can be used during the trial.

After several delays, Kelley's trial is set to begin on Monday.

Victoria Marten’s mother, Michelle Martens, has taken a plea deal in the case. Another suspect, Fabian Gonzales, is awaiting trial.

Another unidentified suspect in the case has not yet been located by authorities."

Murder suspect expected in court just days before trial
----------------------------------------------------------------------------------------------------------------------------------------
 
Docket:

1/03/2019 REQUEST FOR HEARING/ SETTING
MOTION BY ALBUQUERQUE JOURNAL, KOAT-TV, KRQE NEWS 13 AND KOB-TV TO INTERVENE & TO MODIFY STANDING DECORUM

01/03/2019 MTN: MOTION
BY ALBUQUERQUE JOURNAL, KOAT-TV, KRQE NEWS 13 AND KOB-TV TO INTERVENE FOR THE LIMITED PURPOSE OF ADDRESSING NEWS MEDIA REPORTING ISSUES

01/03/2019 MTN: MOTION
BY ALBUQUERQUE JOURNAL, KOAT-TV, KRQE NEWS 13 AND KOB-TV TO MODIFY STADING DECORUM ORDER

01/03/2019 MTN: IN LIMINE


link: Stale Session


still shows jury trial to start 1/7/19.
 
A woman who joined in the rape, murder and dismemberment of 10-year-old girl with her cousin in New Mexico may still win a plea deal, a judge says.

Victoria Martens was killed in Albuquerque, in August 2016, the day after her tenth birthday.

Her mother Michelle Martens, 36, admitted she enjoyed watching her daughter being raped and sat back to watch Victoria be killed by her boyfriend Fabian Gonzales, 33, and his cousin, Jessica Kelley, 33.

Woman who helped rape, murder and dismember 10-year-old girl may yet win a plea deal, says judge | Daily Mail Online
 
from court site for Kelley:

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
01/08/2019 9:00 AM JURY TRIAL Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602

01/07/2019 9:00 AM JURY SELECTION HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602

01/04/2019 2:00 PM EVIDENTIARY HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602
01/04/2019 10:00 AM JURY SELECTION HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602

01/03/2019 2:15 PM HEARING Brown, Charles W.
ALBUQUERQUE DISTRICT COURT Courtroom 602


Docket:
Event Date Event Description Event Result Party Type Party # Amount
01/04/2019 NCJ: NOLLE COUNTS DISMISSAL /OTHER
AS TO COUNTS 3,4 AND 16, AND THE ALTERNATIVE TO COUNT 2 ONLY AS CHARGED IN THE AMENDED INDICTMENT FILED 7-11-18

01/03/2019 REQUEST FOR HEARING/ SETTING
MOTION BY ALBUQUERQUE JOURNAL, KOAT-TV, KRQE NEWS 13 AND KOB-TV TO INTERVENE & TO MODIFY STANDING DECORUM

01/03/2019 MTN: MOTION
BY ALBUQUERQUE JOURNAL, KOAT-TV, KRQE NEWS 13 AND KOB-TV TO INTERVENE FOR THE LIMITED PURPOSE OF ADDRESSING NEWS MEDIA REPORTING ISSUES

01/03/2019 MTN: MOTION
BY ALBUQUERQUE JOURNAL, KOAT-TV, KRQE NEWS 13 AND KOB-TV TO MODIFY STADING DECORUM ORDER

01/03/2019 MTN: IN LIMINE D

link: Stale Session


Still nothing "new" for Gonzales.
 
Well - I don't see any "new" changes on the court site, so...

Monday, January 7th:
*Jury Selection set to begin (unless plea deal is reached) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – 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 (dismissed 1/4/19), 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 (dismissed 1/4/19) & 1 count of resisting arrest. Plead not guilty. $1M cash only bond.
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 faced more than 49 years in prison if the plea deal was accepted.
12/6/18: Defense lawyers for the woman accused of killing 10-year-old Victoria Martens want the murder trial moved out of Albuquerque. Before prosecutors could respond, Judge Brown disagreed, saying he feels it's possible to find a fair and impartial jury to hear the case. However, the judge deferred ruling on the motion Thursday. He also deferred his ruling on another motion filed by prosecutors that asked him to allow the jury to tour the apartment where Victoria was murdered. Pretrial hearing on 12/14. Trial date is 1/7/19.
12/14/18 Update: Defense motions for sanctions & request for expedited hearing because of prosecutorial misconduct re jail recording without search warrant. Next Trial starts 1/7/19.
1/4/18 Update: DA dismissed 2 counts of aggravated child rape & 1 count of conspiracy to commit intentional child abuse. Just days before Kelley's trial is set to begin a judge in Bernalillo County told lawyers, 'I’ll take a plea agreement anytime in this case if you guys get something worked out.” Next jury selection starts 1/7/19 and trial starts 1/8/19 unless plea deal is reached.
*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 was to start 10/15/18 cancelled. No update as of 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 & plead 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.
 
Jury selection continues in trial for Victoria Martens murder suspect

The prosecution and defense have already excused about 115 jurors from a pool of nearly 500. According to the District Attorney's Office, more than 150 others have been flagged, but the defense says the reasons why should not be brought up to the media.

The defense also does not want cameras allowed in the courtroom for the trial.
 
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