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

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Monday, July 11th:
*Trial set to begin (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) 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.
Trial set to begin on 7/11/22 with jury selection. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 6/29/22 reference post #855 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-43
7/1/22: Gonzales' trial is set to begin next week, but he’s arguing no matter the outcome, he should get credit for his pre-sentence confinement. According to a motion filed by Gonzales, he says he spent nearly 1,400 days in MDC until his release in November 2019. He also wants credit for the last 947 days he’s spent on GPS, saying it has limited his freedom of movement. It totals more than six years, but it’s a request the state is fighting. 7/2/22: In response, the State argues he has never had an exclusion zone, curfew, or a significant limitation of his freedom. A hearing date has not been scheduled. State's response to defendant's Motion in Limine re admission of video recordings. Next hearing on 7/6/22.
7/6/22 Update: Next trial set to begin on 7/11/22 with jury selection. Opening statements could happen in the middle of the week.
*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 42) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site. No update 7/11/22.
 
Day 1 of Jury seleciton - sort of...

www.abqjournal.com

Jurors will get case six years after Victoria Martens killing

Complex details have taken numerous turns over the years
www.abqjournal.com www.abqjournal.com

July 11, 2022
.....
Jury selection is scheduled to begin Monday for the first and only trial to emerge from the case. The 2nd Judicial District Court trial for Fabian Gonzales, 37, on charges including child abuse, recklessly caused, resulting in the death of a child under 12.
[.....]
Prosecutors dismissed the murder, criminal sexual penetration and other charges against Gonzales. He was charged instead with child abuse, recklessly caused, resulting in death, eight counts of tampering with evidence and one count of conspiracy to tamper with evidence.

Kelley, 37, pleaded no contest in 2019 to six felony charges including child abuse, recklessly caused, resulting in the death of a child under 12. Kelley was sentenced in April to 44 years in prison.

Michelle Martens, 40, pleaded guilty in 2018 to child abuse, recklessly caused, resulting in death of a child under 12. She faces 12 to 15 years in prison. No sentencing hearing has been scheduled.

Both women are required by their plea deals to testify in Gonzales’ trial.



a lot more in article!
 
Tuesday, July 12th:
*Trial continues (Day 2) (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) 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.
Trial began on 7/11/22 with jury selection. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/6/22 reference post #861 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-44
7/11/22 Monday, Trial Day 1: Jury selection began. No other info available. Trial continues on 7/12/22.
*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 42) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site. No update 7/12/22.
 
Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
07/11/2022 AUDIO LOG NOTES
Courtroom 338: 8:36:22 - 8:3:14 // 2:42:19 - 3:11:39 JAR(Portable1): 9:05:54 - 9:49:20 // 9:58:33 - 11:43:23 //2:24:44 - 2:34:56 BC1: 11:45:18 - 11:54:26 // 12:56:32 - 1:42:58 // 1:52:20 - 2:07:17

07/08/2022 MTN: IN LIMINE P 1
STATE'S MOTION IN LIMINE REGARDING CRIMINAL HISTORY OF JESSICA KELLEY


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
07/27/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/26/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/25/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/22/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/21/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/20/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/19/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/18/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/15/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/14/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/13/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/11/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 338

link: Stale Session
 
Wednesday, July 13th:
*Trial begins (Day 1) (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) 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.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial begins on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/6/22 reference post #861 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-44
7/8/22: State's Motion in Limine regarding criminal history of Jessica Kelley.
7/11/22 Monday, Jury Selection Day 1: Jury selection began. No other info available. Trial continues on 7/12/22.
7/12/22 Tuesday, Jury Selection Day 2: Jury selection has ended. No other info available. Trial begins with opening statements on 7/13/22.
*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 
Thursday, July 14th:
*Trial continues (Day 2) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) 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.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 reference post #866 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-44
7/13/22 Wednesday, Trial Day 1: Trial began with opening statements by prosecutor Dep. DA James Grayson & defense attorney Stephen Aarons. State witnesses: Retired APD Sgt. Christopher Enyart (first responder) found Victoria’s dismembered body still burning in the bathroom. Jessica Kelley. She will continue testimony tomorrow.
for more info see post #867 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-44
Trial continues on 7/14/22.
*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 
Friday, July 15th:
*Trial continues (Day 3) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) 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.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial begins on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1) 7/13/22 reference post #868 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-44
7/14/22 Thursday, Trial Day 2: State witness: Jessica Kelley back on stand. Will continue testimony on Friday.
for more info see post #869 to 871 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-44
Trial continues on 7/15/22.
*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 
HistoryNut said:
Jessica Kelly, IMO, is pure evil. Yesterday, she revealed that after Victoria’s murder, she tried to kill Gonzalez and Michelle Martins to avoid going back to prison. She blames her actions on drugs, but she sounds like a psycho. They all do. IMO
Click to expand...
she knows who came to the house. was no stranger to her.
 
Okay - I found a person tweeting the trial!! :)

Ryan Laughlin
@RyanLaughlinKOB
DAY THREE of #FabianGonzales trial is underway. Jessica Kelley remains on the stand as the defense cross examines her. They continue asking about inconsistencies, oddities, details and Kelley’s admitted lies to officers on the day Victoria’s body was discovered.

“Do you manipulate people?” Defense asks. He has a quote where Jessica says she talks in a certain way to direct the conversation to her advantage. Kelley says that’s a tactic to covertly talk about drugs. She says she’s been selling drugs since she was 18.

Defense asks if she’s manipulating the jury. Prosecution objects. Judge overrules. Kelley sticks to the line that it’s all about codes to talk to drugs. Defense pivots to Kelley’s plea deal, trying to highlight how Kelley is skilled at maneuvering for her own advantage.

“I wanted the opportunity for the truth to come out, sir,” Kelley said when asked if she wanted the opportunity to testify. Defense now highlighting Kelley’s plea deal was for non-violent crimes meaning she can get half the time off for good behavior. Defense passes the witness.

“It’s been a long couple of days,” the prosecution starts. Kelley gets emotional saying she hasn’t been able to eat or sleep during the trial. Kelley says Gonzales was a “trigger to my addiction.” She says Gonzales contacted her when she got out of prison.

“How do you feel about police?”
“Practically, they’re my enemy,” Kelley says. She says they are dishonest and never treat her fairly.
Now prosecution hits on the gang “TCK.” Then asks why Kelley was not forthcoming.
“I was ashamed,” Kelley said for her helping, “clean up.”

Quick break. Jury excused. I believe prosecution will resume re-direct when we restart.

Jury is filing in. Prosecution resumes with a phone call Kelley had with her sister Krystal. They are playing a portion of that call in court now.

Prosecutor mentions how Kelley has already been sentenced alluding to the fact that she has nothing more to be gained. They also hit on how the meth she ingested was the same meth Gonzales ingested. Prosecution ends. Judge excuses the jury for an early lunch. Back at 1p.

Kelley is still on the stand. It appears she’s not done yet as the defense may have another line of questioning. Jury is coming back from lunch now. We’ll see.

Prosecution isn’t done. They start with examining the relationship between Kelley and Gonzales and asking about the time she said he’s “dead to me.” She now says, “I have a lot of mixed emotions,” about her cousin, Gonzales.

They play a clip of when Kelley was arrested for murder. We can hear she’s clearly upset. Kelley says she’s a “scapegoat” in the recording. She’s blaming Gonzales for giving police an “open gate” to charge her with murder. She accuses Gonzales of lying.

Prosecution asks if Kelley was aware she was getting recorded in her jail cell. Kelley says she was unaware and felt her rights were getting violated.

Prosecutors are playing a recorded phone call with Kelley and her mom.
Kelley’s mom: Did you do it?
Kelley: No.
Kelley’s mom: Did you see it?
Kelley: Yes.
Kelley’s mom: Oh, God. Oh, Jessica.

Prosecutors pass the witness. They asked for Kelley to be excused. Defense wants a brief cross. Bench conference.

After a lengthy bench conference defense gets to re-cross. Defense starts w/ Kelley’s phone conversation with her mom. Defense asks her why she couldn’t get home. Then asks how she felt when Gonzales said, “Jessica Kelley did it.” She says, confused. With that Kelley is excused.

The once prime suspect, turned star witness appears to be done in the #FabianGonzales trial. In handcuffs and orange prison attire, Jessica Kelley is wheeled out of the courtroom. Jury is excused. Next witness upcoming.

link: https://twitter.com/RyanLaughlinKOB/status/1547968120026935297
 
Ryan Laughlin
@RyanLaughlinKOB
·
11h
David Michael Chavez is the next witness. He identifies himself as the Fabian Gonzales’ uncle. He says he bought an EBT car from Kelley. Earlier Kelley admitted she swindled him by selling the card but not giving him the PIN.

Defense now cross examines Uncle Chavez. They are asking about how Gonzales and Kelley looked and seemed when they went by his house for the EBT card transaction. Now prosecutors are back on re-direct.

Prosecution ask if defendant brought alcohol. Chavez says no. He’s excused. State calls next witness.

Vanessa Apodaca takes the stand. She says Michelle Martens lived in the same apartment complex she lived in. She lived in 801, Martens lived 808.

Apodaca said she knew Michelle Martens to be a follower. Her neighbor Sabrina, who lived beneath 808 heard stuff going on upstairs.

Next witness is Lori Collins, Jessica Kelley’s mother. She is getting asked about her interactions with Kelley when she got out of prison.

She’s telling us the same thing we heard from Kelley. That Kelley called her the day before Victoria was killed that she “messed up,” by getting high on meth.

Sabrina Padilla takes the stand. The downstairs neighbor of Martens. She says she was a stay-at-home mom with her two kids in apt. 807. Same apartment layout.

Padilla gets emotional when she recalls Victoria Martens wanted an American Girl Doll for her birthday and she just got a new kitten. She says Victoria went inside to take care of her kitten and that’s the last she saw her. She says Kelley was rude and unpleasant.

Padilla recalls a spat with Kelley and Michelle Martens about the wrong type of cigarettes. She said Michelle didn’t look herself. Said Michelle “shot me a really dirty look.” Also, “yes I thought she was high,” Padilla says of Michelle.

The state calls Elizabeth Hesley to the stand. She’s a paramedic in the ER. She worked for ABQ Ambulance at the time of Victoria’s death. She says she was called out for an assault on the day in question.

She heard there was a child with significant injuries. She says she wasn’t sure what “cut up,” meant so she went to go assess her (Victoria Martens).

She describes the “blue and inflated” intestines. A sign the individual had “been dead for awhile.” And “there should’ve been more blood.” When asked about her arms; she says, “this one’s hard.” She says her mind tricked her when filling out the report saying she had her arms.

Hesley says she was distraught. She tried not to lose it. The officers asked her not to say anything about Victoria. On cross the defense asks about if a child is blue, indicating lack of oxygen, there’s a chance to save the child. Hesley said that’s true. Hesley is excused.

Sergio Tovar, a Lt. paramedic with AFR is called to the stand. He evaluated Victoria Martens body too. He said he was told she had no limbs and he was confused.

He told his crew not to go in there as this is an obvious death. He says an officer shook his head indicating it wasn’t good. He assessed Kelley, said she was very lethargic, answering questions slowly.

Lt. Tovar is excused and so is the jury. Day three is over. Trial resumes Monday at 9am. Our full coverage starts at 5pm on @KOB4

link: https://twitter.com/RyanLaughlinKOB/status/1547968120026935297
 
Monday, July 18th:
*Trial continues (Day 4) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) 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.
Trial began on 7/11/22 with jury selection & ended on 7/12/22.
Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-2) 7/13-7/14/22 reference post #873 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-44
7/15/22 Friday, Trial Day 3: State witness: Jessica Kelley back on stand.
for more info see post #877 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-44
State witnesses: David Michael Chavez, Fabian's uncle. Vanessa Apodaca, Martens' neighbor. Lori Collins, Kelley's mother. Sabrina Padilla, downstairs neighbor of Martens. Elizabeth Hesley, worked for ABQ Ambulance paramedic. Sergio Tovar, a Lt. Paramedic with AFR.
for more info see post #878 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-44
Trial continues on Monday, 7/18/22.
*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 
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