I am going to break down this into 3 parts - as they are pretty long.
for Friday, July 29th - Day 13 - Martens testifying.
Ryan Laughlin
@RyanLaughlinKOB
DAY THIRTEEN of the #FabianGonzales trial begins with Michelle Martens on the stand. The mother of #VictoriaMartens, Gonzales’ former girlfriend and likely the last witness before justice in the hands of the jury. Updates here and on @KOB4
Some background on Michelle, she took a plea deal for her role in Victoria’s death and part of the deal was she would have to testify in Gonzales’ trial. Of note, prosecutors didn’t call her; the defense did.
She has yet to be sentenced, but is looking at 12-15 years for child abuse recklessly resulting death.
The state’s main witness, Detective Lewis said his interview with Michelle was one of the most difficult of his 40 year career because Michelle is extremely, “suggestible,” and she seemed like she was, “trying please” with her answers.
The defense begins by talking about the psychiatrist the state hired to examine Michelle. Then the defense asks if Michelle was bleeding on the day in question, she says yes and quietly starts to cry.
Michelle describes the moments she was attacked by Jessica Kelley with an iron. Michelle recalls Kelley asking if she believes in God, after Michelle said yes, Kelley said, “then you’re first ,” according to Michelle. She realized it was an iron she was struck with later.
“Have you accepted your daughter’s dead”
“Not fully, no.”
Michelle said she delivered Victoria by herself at home. She was healthy, despite no medical help, which is why Michelle called her my “miracle child.”
Defense asks about how often Victoria showered/bathed. Then asks about her personality, then quickly asking how she looked after Victoria.
Michelle says she thought Gonzales was a good guy. Didn’t know he drank or did drugs. The text she received about “doing a line” was asked about. Michelle declined “doing a line” and says she thought it was cocaine. We know it was meth.
“Was there anything between Fabian and Victoria’s relationship that made you think, I don’t like this.”
“No.”
Now defense is asking about when Jessica Kelley came into her life.
Michelle describes Gonzales demeanor after getting his eye split open at the BBQ. Says he was distant and Victoria told him that she hoped he feels better.
“Either she goes or you both go,” is what Michelle recalls telling Gonzales about him and Kelley staying at her apartment. Michelle says she was afraid Gonzales was going to hit her the night of the BBQ, defense highlights he never did, or even gestured that he would.
Kelley once put makeup on Victoria, Michelle chuckles as she says she made her take it off. Defense showing Kelley didn’t have any ill will toward Victoria.
Michelle describes how Kelley was acting when she was tweaking on meth. She says Kelley thought people in the TV were out to get her. Kelley’s description was she was paranoid and “receiving messages from God” through the TV.
Now the defense is focusing on the day Victoria was killed. Starting in the morning, taking Victoria to the bus stop and Michelle says Kelley started acting “shady” as she was getting near the time she was going to have to move out.
Michelle recalls Victoria doing her homework on the balcony after getting home from school. Michelle says she was ashamed nobody was there for Victoria when she got off the bus.
Michelle says Gonzales convinced her to leave Victoria home with Kelley. He was “part of that conversation” as the defense put it.
Michelle recalls seeing Victoria being held by Kelley when she was wrapped in a blanket outside the apartment. Michelle was “having a good time” as the defense put it, listening to music in the car with Gonzales.
Michelle says she asked Kelley, “where are you going with my daughter and she didn’t answer me.”
Michelle says she thought Victoria was asleep at the time.
Defense asks if Michelle and Gonzales had sex in her room. Michelle says she can’t remember but that could’ve happened. She sensed tension between her and Gonzales. Defense established that stated when Kelley moved in.
Michelle says she had a cigarette before bed, by herself on the balcony. Kelley and Gonzales were in the living room at the time. Michelle says Gonzales came to bed after and she fell asleep “in his lap” and would’ve woken up if he had left.
Now Michelle describes getting attacked by Kelley with the iron. Michelle says she tried to get Victoria’s room and escape with her. She says she got into her room, shut the door and looked everywhere for Victoria.
Michelle takes a deep breathe when the defense says they’re going to show her a picture. They show a picture of Victoria’s closet that is missing a lot of clothes.
“By the way, your daughter is dead,” is what Michelle recalls Kelley saying after she got away from Kelley’s attack. Michelle says she saw Gonzales at first but then can’t recall where Gonzales was, but then says Gonzales was pulling Kelley away from her.
Through tears, Michelle says she didn’t think about going back into the apartment. Defense asks, when did you first know your daughter was dead? Michelle says not until she was in jail. She says, “I was in shock,” and doesn’t recall some neighbor interactions.
Michelle does remember telling police that Kelley killed her daughter. Defense highlighting that Michelle told police there was only Kelley “and the baby” in the apartment.
Defense shows the picture of Michelle bloodied and it the hospital. Asks how many stitches she had, state objects, defense moves on to how well Michelle remembered the events that night.
Defense passes witness after asking if Michelle loved and still loves her daughter. Michelle says, “I do.”
State starts by asking if she had a concussion then establishes Michelle was afraid of both Kelley and Gonzales. Prosecutors highlighting how Gonzales and Kelley hid from Michelle’s parents when they visited and that was different from other boyfriends.
State says previous boyfriend made a pass at Victoria and Michelle kicked him out. After that she became more “vigilant” as the state put it. State asks about how familiar Michelle is with meth. She says she’s not at all. Says she thought a “a line” was cocaine but wasn’t sure.
Michelle says she didn’t know what Kelley was in prison for. Michelle says she was worried about Kelley because she texted a neighbor and wanted them to go over to her house and check things out.
Michelle said she smelled something on Gonzales and he got really mad when she called him on it. She thought she was going to die when he got mad and drove erratically, but Gonzales never threatened her.
Michelle didn’t know Kelley had sex with a man on the couch while Victoria and her son were in their rooms at home.
Prosecutors went over the timeline on the night in question. Hitting the times her phone disconnected to the apartment WiFi and asking why. Prosecutors hit on the fact she took a plea deal in this case then pass the witness. Defense now on redirect.
Michelle Martens is excused. Short break. Defense has no more witnesses and closings will begin soon.
Michelle waved to her parents as she left the courtroom.
link:
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Continued with State's closing arguments.
