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

[Jim_M]

This. makes. me. sick.
My heart aches for poor Victoria. She never had a chance.

Slightly o/t but your post made me sob. Then sigh with a deep breath. That the criminals are able to manipulate our Criminal Justice (SIC) System, is a further blight on our ideals. JMO, but the corruption is rampant in our world. Our youngest, and our most vulnerable, are apparently ignored. That's my only word I could come up with here. No one is being trained to REALLY listen when a victim is avoiding their anguish. Their pain. Their innate struggle to make everyone happy. This young child never had a chance to find her inner voice. She will forever be pictured as the innocent child, that she was. Is. As she is a different part of our universe now. Out there. Wherever we might go next. Goofy thoughts for a beautiful life, gone way too soon. Love & Peace.

 

[Jim_M]

Past drug use can’t be used in trial against Fabian Gonzales

From your link:

"On the other hand, prosecutors also get a bit of a win, as the court decided the state can talk about Gonzales' and Kelley’s drug use on the night Victoria Martens was killed."

If he had been stealing cars, would they only be allowed to prosecute him, for that very last one? The one that got him caught?

Where here, all past drug use, led to all the crimes leading up to this horrifying murder. Of an innocent ten (10) year old child. How can that not be used?

I wonder if any of their own words (legal statements) mentioned their previous drug use? Then it would be admissible, eh? I may be off on a wild goose chase. But, I wonder?

 

[Jim_M]

I can't bring myself to type it, but if you have taken the leap and read the horrific details of this case, this article has one sentence that sickens me even more than I was before (I didn't think it was possible)...... It starts with, "During his interview, Gonzales said that he had......" Warning: Graphic

Transcripts reveal mother watched as 10-year-old daughter was raped, killed

I realize that this has probably been covered, and that the details are beyond gruesome. Please look away, if graphic details might offend or frighten you. In any, way shape, or form. I'm going to skip a couple of lines, to allow you to move on. I hope this is okay to do? If not, feel free to alert or delete.

Line intentionally blank.

"During his interview, Gonzales said that he had sex with Victoria “shortly after the child was deceased,” according to a search warrant."

GRUESOME IMO JMO

"Martens said that the pair had sexually assaulted Victoria three times in the days before they allegedly strangled and stabbed her to death, and that she suspected her boyfriend had perpetrated the sexual abuse of the young girl for about a month, KRQE reported.

During the interview, which lasted about eight hours, she told investigators he raped Victoria daily the month before her killing while also taking pornographic videos and photos, according to KOB."

This man, IMO, appears like he was building up to this. Horrible. That poor, sweet, innocent child. To have those you considered loved ones, and specifically your own mom, inflict this horror on you?

They are truly beyond redemption, even when given a slap on the wrist. Okay. Rants are over, as my opinions might get harsh towards these murderers.

 

[Knox]

Are there any updates in this case?

 

[Niner]

Since the last time anything was posted - here's what the docket has. But no future court date....


Event Date Event Description Event Result Party Type Party # Amount
06/17/2019 CERTIFICATE OF COMPLIANCE P 1
06/17/2019 NTC: COMPLETION OF BRIEFING P 1

05/24/2019 MTN: ORDER TO SHOW CAUSE P 1
05/24/2019 WITNESS LIST
05/24/2019 NTC: COMPLETION OF BRIEFING

05/23/2019 NTC: NOTICE
FILING NOTICE OF COMPLETION & TRANSMISSION OF SUPPLEMENTAL RECORD PROPER
05/23/2019 TRANSMISSION OF RECORD PROPER
Supplemental

05/22/2019 DOCKETING STATEMENT / COURT OF APPEALS
AMENDED

05/07/2019 MTN: To Impose Sanctions P 1
TO STRIKE DEFENDANT'S RESPONSE
05/07/2019 REPLY P 1
STATE'S; IN SUPPORT OF ITS MOTION TO RECONSIDER ADMISSABILITY OF EVIDENCE OF DRUG USE BY DEFENDANT AND JESSICA KELLEY
05/07/2019 ORD: ORDER DENYING P 1
ORDER DENYING STATE'S MOTION TO RECONSIDER ADMISSIBILITY OF DRUG USE BY DEFENDANT AND JESSICA KELLEY

04/19/2019 RESPONSE D 1
response to State's Motion to Reconsider Prior Drug Use w attach

04/10/2019 REQUEST FOR HEARING/ SETTING D 1
3RD MOTION TO REVIEW CONDITIONS OF RELEASE

04/09/2019 REQUEST FOR HEARING/ SETTING P 1
MOTION FOR RECONSIDERATION OF ADMISSABILITY
04/09/2019 MTN: TO RECONSIDER/ REVIEW P 1
STATE'S; TO RECONSIDER ADMISSABILITY OF EVIDENCE OF DRUG USE BY DEFENDANT & JESSICA KELLY

link: Stale Session

 

[Niner]

Well this is the pits.... I can't access New Mexico court site anymore....

Anyone? Maybe @Jim_M ?? can you?

NM Courts Home

for Fabian Gonzales - case # is D-202-CR-201602961 - last I had was trial cancelled on 10/15 with motions running thru 5/10/19.

and for Jessica Kelley is #D-202-CR-201602963 - you probably don't have to look her up - she will be sentenced after Gonzales' trial.

TIA!

 

[Jim_M]

Well this is the pits.... I can't access New Mexico court site anymore....

Anyone? Maybe @Jim_M ?? can you?

NM Courts Home

for Fabian Gonzales - case # is D-202-CR-201602961 - last I had was trial cancelled on 10/15 with motions running thru 5/10/19.

and for Jessica Kelley is #D-202-CR-201602963 - you probably don't have to look her up - she will be sentenced after Gonzales' trial.

TIA!

The Gonzales Docket is exactly as you posted it. Shows 6/17/2019 as last entry.

The Kelley Docket has last activity of:

1/10/2019, EXHIBIT RECEIPT,
1/15/2019, STENOGRAPHIC CERTIFICATE.

Nothing newer. Hope this helps

 

[Niner]

Thanks for checking for me Jim_M! Much appreciated.

 

[YESorNO]

Justice for Victoria: Where the case stands now (with clip)

Aug 27, 2019

"...The case took many twists and turns over the last few years and two of the three suspects have taken a plea deal while one person awaits trial....

Three people were arrested at Martens' apartment where police say the girl was killed: Martens, her then-boyfriend, Fabian Gonzales, and his cousin, Jessica Kelley....

In June of 2018, Martens took a plea deal, pleading to child abuse resulting in death and the murder charges against her were dropped.

Martens faces up to 15 years behind bars

Months later, Kelley pleaded no contest to six charges including child abuse resulting in death....

Kelley is now serving close to half a century behind bars.

So where’s Gonzales in all this?

Gonzales is the only suspect that will stand trial in the case, and his own cousin is set to testify against him in the case....

Gonzales is facing charges of child abuse resulting in death and tampering with evidence.

So why is his trial taking so long?

Prosecutors want to bring up Gonzales’ past, but a judge has ruled they could not do that. So the state has appealed that decision to a higher court and in the meantime, we wait.

"Nothing is happening on that case because the Fabian Gonzales case is in front of the Court of Appeals,” Day tells KOAT.

So, Gonzalez will continue to sit in jail while the Court of Appeals decides what evidence can and can’t be brought up at his trial.

Once that decision is made, the trial against Gonzales will finally be underway.

Investigators are still searching for an unidentified male whose partial DNA was found on Victoria’s body."

Justice for Victoria: Where the case stands now

 

[Niner]

In my notes:

4/19/19 Update: State’s Motion to use his drug use for trial-denied.
5/10/19 Update: A judge is denying the state's motion to include the prior drug history of suspects in the Victoria Martens murder trial. Months ago, Judge Charles Brown ruled to keep jurors from hearing Kelley's and Gonzales' prior drug use, limiting it only to the day of the murder. The state asked the judge to reconsider, arguing it shows Gonzales knew the dangers of leaving the girl with Kelley. However, Judge Brown once again denied the request, saying it could interfere with Kelley testifying against Gonzales."


Guess they have more the State is appealing or would it be the above?

edited to add - no new court dates in court site.

 

[YESorNO]

Controversial lawsuit involving Victoria Martens grandparents is still a go (with clip)

Oct 3, 2019

"ALBUQUERQUE, N.M. —....After Victoria's murder in 2016, her grandparents, Pat and John Martens, filed a civil lawsuit.

They claim months before Victoria's death, Albuquerque police received a tip that a man dating Victoria's mother tried to kiss the girl.

Albuquerque police said an attempted kiss is not a crime and that Michelle Martens had broken up with that boyfriend so police did not investigate the tip.

Victoria's grandparents claim police should have, and their failure to do so contributed to Victoria's death.

Court records show Victoria's grandmother knew about the attempted kiss and she didn't report it.

On Thursday, lawyers on both sides will be back in court.

The civil case is separate from the criminal case.

Another suspect, Jessica Kelley pleaded guilty to multiple crimes, including dismembering the child. The third suspect, Fabian Gonzales, is in jail, waiting for his case to go to trial. He's charged with child abuse resulting in death and dismembering Victoria.

Gonzales is not the man who was involved in the attempted kiss case in the months before Victoria's murder."

Controversial lawsuit involving Victoria Martens grandparents is still a go

 

[LietKynes]

I really won't say what I think should be done to people who abuse children.
Much less their 'mother's who bring vile offenders into their children's lives.

It's a shame that Gonzales' past cannot be used in this case-- as it may show other crimes against children. A history that he had no plan of changing or stopping.
How many others have suffered from him ?

 

[Niner]

Still nothing new on the court site for Gonzales...

 

[Badlandsbabe]

Controversial lawsuit involving Victoria Martens grandparents is still a go (with clip)

Oct 3, 2019

"ALBUQUERQUE, N.M. —....After Victoria's murder in 2016, her grandparents, Pat and John Martens, filed a civil lawsuit.

They claim months before Victoria's death, Albuquerque police received a tip that a man dating Victoria's mother tried to kiss the girl.

Albuquerque police said an attempted kiss is not a crime and that Michelle Martens had broken up with that boyfriend so police did not investigate the tip.

Victoria's grandparents claim police should have, and their failure to do so contributed to Victoria's death.

Court records show Victoria's grandmother knew about the attempted kiss and she didn't report it.

On Thursday, lawyers on both sides will be back in court.

The civil case is separate from the criminal case.

Another suspect, Jessica Kelley pleaded guilty to multiple crimes, including dismembering the child. The third suspect, Fabian Gonzales, is in jail, waiting for his case to go to trial. He's charged with child abuse resulting in death and dismembering Victoria.

Gonzales is not the man who was involved in the attempted kiss case in the months before Victoria's murder."

Controversial lawsuit involving Victoria Martens grandparents is still a go

Are there any updates in this case?

The update on this heinous case is our legal system here in ALBUQUERQUE is failing the people of this city yet AGAIN & there won't be any justice for Victoria Martens. As of today the injustice system has decided to accommodate FG & they are going to let the monster out. And why NOT? The criminals ALWAYS have more rights than their victims here. MM & JK cut plea deals. In knowing this horrible city as well as I do, the reality is MM will most likely only have to serve 5 yrs & she'll be out just in time to have MORE babies & do this AGAIN & the only reason JK is going to serve a longer sentence ISN'T because of Victoria it's because of her drug problem & re-offending by violating probation, failing her drug test etc...
This whole case has been full of holes from the beginning. Our own law enforcement has botched this case from the time they arrived on the scene.
That's what happens when the most corrupt, trigger happy, kick back, who owes who, good ole boy, cover up, lie to each other, lie for each other, lie under oath, group of criminals is allowed to masquerade as law enforcement... Those of you reading this thread because of this poor little angel Victoria Martens who was taken from the world at the hands of these monsters when it could have been prevented had people done the job their paid to do. Have no idea what REALLY goes on here.
Look up the Levi Chavez case if you want another horrific hair raising tale of how Albuquerque's police dept. covers up EVERYTHING for their own. See for yourselves how APD condones tampering with evidence, adultery, & murdering your own spouse when you're one of them & even with your own service issued revolver. The force has no regard for human life & especially if your a female.
Their will be no justice for Victoria Martens, like there will be no justice for Tera Chavez, like there will be no justice the to many more than I could possibly list here.
The justice system here is a complete & total DISGRACE.
There isn't a HOT ENOUGH place in HELL

 

[cvaldez1975]

heres a link to the sad fact the previous poster posted...

Fabian Gonzales to be released until trial with no GPS monitoring

 

[Niner]

Oops - missed a hearing on Wednesday....

Gonzales:

Docket:
Event Date Event Description Event Result Party Type Party # Amount
11/07/2019 ORD: Setting Conditions of Release - Pretrial Services
THIRD PARTY TO PTS; MOTION FOR PRETRIAL DETENTION DENIED

11/06/2019 ORD: ORDER
FORM ORDER GRANTING DEFENDANT'S MOTION FOR EXPEDITED CONDITIONS OF RELEASE AND DENYING STATE'S MOTION FOR PRETRIAL DETENTION

11/06/2019 EXHIBIT RECEIPT

11/05/2019 REPLY
Reply to State's Response to Motion to Review COR

11/04/2019 RESPONSE P 1

10/29/2019 NTC: HEARING (MOTION)
DEFENSE MOTION TO REVIEW CONDITIONS OF RELEASE SET 11/06/19 AT 9:00 AM


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
11/06/2019 9:00 AM MOTION HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session

 

[Niner]

So I shall post this so I can shorten it up a bit!

Wednesday, November 6th:
*Motions Hearing (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – only for *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.
Court information from 6/30/18 thru 8/13/18 reference post #605 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
9/21/18: Motions: State's unopposed motion to amend the indictment to conform to the evidence is granted. Defense Foulenfont Motion to dismiss count 1 is denied. State's motion to extend the PTI deadline is denied. Defense motion in limine re gangs is denied. Next - trial starts on 10/15.
9/27/18 Update: Status hearing 9/27. Demands speedy trial. Motion to exclude gang expert testimony & sanction State for discovery violation re DNA testing; appeal to Court of Appeals/Supreme Court. Jury trial starts 10/15/18.
10/15/18 Update: Trial event taken off court site, no other “new” information on what is happening.
10/12/18 Update: State responds to Defense’s demand for speedy trial. State response’s to Defenses motions. 10/26/18: Request for hearing/setting, but no date given. Motions filed. His trial has been delayed pending a ruling by the NM Court of Appeals of what can be used against in trial. 4/19/19: State’s Motion to use his drug use for trial-denied.
5/10/19 Update: A judge is denying the state's motion to include the prior drug history of suspects in the Victoria Martens murder trial. Months ago, Judge Charles Brown ruled to keep jurors from hearing Kelley's and Gonzales' prior drug use, limiting it only to the day of the murder. The state asked the judge to reconsider, arguing it shows Gonzales knew the dangers of leaving the girl with Kelley. However, Judge Brown once again denied the request, saying it could interfere with Kelley testifying against Gonzales." Motion hearing on 11/6.
11/6/19 Update: Gonzales will be released from jail with no GPS monitoring until trial, Judge Charles Brown ruled Wednesday. However, that trial has not been scheduled. The court is working to determine his terms of release, including who he will stay with once released. At this point there is no form of GPS tracking planned for Gonzales. Pretrial services could change that and order him to wear a tracking device, if they are able to find a place for him to stay. No future court dates on site as of 11/8/19.
*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 (dismissed), 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.
Court information from 9/14/18 thru 1/4/19 reference post #675 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
1/7/19: Plead no contest to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Could receive 50 years, with good behavior out in 20 years.
1/9/19: Took plea deal, pleading no contest to six charges included child abuse resulting in death, aggravated assault with a deadly weapon, conspiracy to commit tampering & 3 counts of tampering with evidence. Kelley faces up to 50 years in prison, would spend about 20 years in prison, with good behavior. As part of the plea deal, Kelley is required to cooperate with the investigation surrounding her cousin Fabian Gonzales and testify at his trial. Kelley will be sentenced following Gonzales' trial. No date for sentencing. As of 7/6/19 No separate list for Kelley.
*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.

 

[Niner]

Here's what happened on 11/6 -

Event Date Event Description Event Result Party Type Party # Amount

11/07/2019 ORD: Setting Conditions of Release - Pretrial Services
THIRD PARTY TO PTS; MOTION FOR PRETRIAL DETENTION DENIED

11/06/2019 ORD: ORDER
FORM ORDER GRANTING DEFENDANT'S MOTION FOR EXPEDITED CONDITIONS OF RELEASE AND DENYING STATE'S MOTION FOR PRETRIAL DETENTION

11/06/2019 EXHIBIT RECEIPT

link: Stale Session

 

[Cat01]

Gonzales was at the apartment when Victoria was dismembered and set on fire and he ran from the police. Isn’t that enough probable cause for detainment until trial?
The city of Albuquerque is outraged and a protest is being held today at noon at the courthouse.

 

[scapa]

I'm horrified to hear that Gonzales is being released.

In light of Kelly's plea, is no-one involved in this case charged with the murder of Victoria? Only child abuse leading to death?