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

[Niner]

For Gonzalez on 10/12/18 State responds to Defense's demand for speedy trial.

That's the only update on court site.... no hearing dates!

 

[cvaldez1975]

interesting reading

Documents reveal new details surrounding Victoria Martens' death

 

[Niner]

interesting reading

Documents reveal new details surrounding Victoria Martens' death

I get:
Sorry, this content is not available in your region.

so if some one can give me a 10% synopsis of the article, that would be very much appreciated!

TIA!

 

[Niner]

No new court date on site, but here's what happened in the last few days:

Event Date Event Description Event Result Party Type Party # Amount
10/18/2018 AMENDED/MODIFIED D 1
STATE'S MOTION TO EXCLUDE EXPERT TESTIMONY OF MICHAEL SPENCE AND REQUEST FOR DAUBERT HEARING

10/17/2018 MTN: MOTION P 1
STATE'S; TO EXCLUDE DEFENSE WITNJESSES AS UNTIMELY AND FOR VIOLATIONS OF LR2-308
10/17/2018 MTN: MOTION P 1
STATE'S TO EXCLUDE EXPERT TESTIMONY OF MICHAEL SPENCE AND REQUEST FOR DAUBERT HEARING
10/17/2018 MTN: MOTION P 1
STATE'S; TO EXCLUDE EXPERT TESTIMONY OF MAURICE MOYA AND REQUEST FOR DAUBERT HEARING
10/17/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION TO ALLOW PRIOR STATEMENT OF JESSICA KELLEY

10/12/2018 RESPONSE P 1
STATE'S ANSWER TO DEFENDANT'S DEMAND FOR SPEEDY TRIAL
10/12/2018 RESPONSE


link: Stale Session

 

[Niner]

Gonzales:

Event Date Event Description Event Result Party Type Party # Amount
10/26/2018 REQUEST FOR HEARING/ SETTING P 1

10/23/2018 RESPONSE D 1
DEFENDANT'S; TO AMENDED STATE'S MOTION TO EXCLUDE EXPERT TESTIMONY OF MICHAEL SPENCE AND REQUEST FOR DAUBERT HEARING

link: Stale Session

But! There is no "new" date for hearing on the docket, yet. I'll keep an eye out!

 

[Niner]

Kelley - Evidentiary hearing was changed from 11/6 to 12/6 per court site:

Hearing Date 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

12/06/2018 9:00 AM EVIDENTIARY HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602

09/25/2018 9:00 AM MOTION HEARING


link: Stale Session


here's what's happened since the last hearing on 9/25:


Event Date Event Description Event Result Party Type Party # Amount
10/25/2018 ENTRY OF APPEARANCE D 1

10/23/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION FOR CHANGE OF VENUE
10/23/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION TO DISMISS COUNT 1 PURSUANT TO STATE V. FOULENFONT
10/23/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION IN LIMINE & MOTION TO EXCLUDE

10/22/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION TO SUPPRESS SURREPTITIOUS JAIL RECORDINGS THAT WERE UNLAWFULLY OBTAINED WITHOUT A SEARCH WARRANT
10/22/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION FOR REALISTIC/ACTUAL TRIAL WITNESS LIST AND DAILY ORDER OR ANTICIPATED WITNESSES
10/22/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION FOR DISCLOSURE OF TRUE AND ACCURATE COPIES OF INVOICES RECEIVED FROM AND PAYMENT MADE TO ALL EXPERT WITNESSES (AND THEIR FIRM OR BUSINESS) RETAINED BY THE STATE IN THIS CASE
10/22/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S MOTION TO USE STATEMENTS OF OPPOSING PARTY PURSUANT TO N.M.R.A. RULE 11-801(D)(2)

10/09/2018 MTN: MOTION D 1
DEFENDANT'S MOTION FOR DISCLOSURE OF TRUE AND ACCURATE COPIES OF INVOICES RECEIVED FROM AND PAYMENTS MADE TO ALL EXPERT WITNESSES (AND THEIR FIRM OR BUSINESS) RETAINED BY THE STATE IN THIS CASE
10/09/2018 MTN: IN LIMINE D 1
DEFENDANT'S; & MOTION TO EXCLUDE
10/09/2018 MTN: TO SUPPRESS D 1
SURREPTITIOUS JAIL RECORDS THAT WERE UNLAWFULLY OBTAINED WITHOUT A SEARCH WARRANT
10/09/2018 MTN: MOTION D 1
DEFENDANT'S; TO USE STATEMENTS OF OPPOSING PARTY PURSUANT TO N.M.R.A. RULE 11-801(D)(2)
10/09/2018 MTN: MOTION D 1
DEFENDANT'S; FOR CHANGE OF VENUE
10/09/2018 MTN: MOTION D 1
DEFENDANT'S; FOR REALISTIC/ACTUAL STATE TRIAL WITNESS LIST AND DAILY ORDER OF ANTICIPATED WITNESSES
10/09/2018 MTN: TO DISMISS D 1
DEFENDANT'S; COUNT 1 PURSUANT TO STATE V. FOULENFONT
10/09/2018 MTN: IN LIMINE P 1
STATE'S MOTION

10/02/2018 MTN: Motion to Extend Dates in Scheduling Order D 1
DEFENDANT'S UNOPPOSED; TO EXTEND DEADLINES

09/25/2018 ORD: ORDER DENYING P 1
STATE'S EMERGENCY MOTION FOR RECONSIDERATION OF PLEA AGREEMENT
09/25/2018 ENTRY OF APPEARANCE D 1
AS SECOND CHAIR TRIAL COUNSEL FOR DEFENDANT
09/25/2018 ORD: ORDER
FORM ORDER ON SCHEDULED MOTIONS; STATE'S EMERGENCY MOTION FOR RECONSIDERATION OF PLEA AGREEMENT IS DENIED

 

[Niner]

Oh - no update on Gonzales though....

 

[Niner]

An update on Gonzales, but no new court date...


Event Date Event Description Event Result Party Type Party # Amount
11/08/2018 RESPONSE D 1
IN OPPOSITION TO STATE'S MOTION FOR CRIME SCENE VISIT

11/07/2018 MTN: MOTION P 1
STATE'S; FOR CRIME SCENE VISIT
11/07/2018 TRANSMISSION OF RECORD PROPER

11/06/2018 NTC: NOTICE
OF COMPLETION AND TRANSMISSION OF RECORD PROPER
11/06/2018 REPLY P 1
STATE'S; TO DEFENDANT'S RESTONSE TO AMENDED STATE'S MOTION TO EXCLUDE EXPERT TESTIMONY OF MICHAEL SPENCE AND REQUEST FOR DAUBERT HEARING
11/06/2018 DOCKETING STATEMENT / COURT OF APPEALS

10/26/2018 REQUEST FOR HEARING/ SETTING

 

[Blair]

I get:
Sorry, this content is not available in your region.

so if some one can give me a 10% synopsis of the article, that would be very much appreciated!

TIA!

Hopefully you’ve been able to see this article by now bc it is really interesting. But if not, the synopsis is:

FG moved into MM’s apt with the kids and asked MM to hide his presence from her family. FG and MM shared a serious drug habit that meant they were gone seeking for a long periods of time.

FG has gang ties through his cousins. When JK was released from prison, the family had a BBQ which FG attended. He got into a fight at the BBQ over stolen money & it seems like it spiraled from there with a bunch of hunting for guns and threats against people, etc, as a result.

FG and JK immediately started up doing meth together against after JK’s release.

FG invites JK to live at MM’s and charges her rent. Multiple people tell FG that JK shouldn’t be at the apt bc she’s acting weird (saying the devil told her to do stuff, hallucinating, etc).

On the day of the murder, FG and MM go to 175957489274 (approximately, those assholes) different places seeking drugs. JK is left with VM at the apt.

While JK is at the apt, a strange man comes to the door looking for FG (implication is gang ties). JK reports the FG isn’t there & the man murders VM and tells JK she needs to “clean up” the scene or she and her kids will be next.

Eventually, FG and MM get home. MM gets “put to bed” and JK tells FG what happened to VM. Then the two of them “clean up” the scene, finally starting the fire.

At some point, MM finds out what happened to VM and says “she killed my daughter” or words to that effect.

Evidence from the autopsy shows no intoxicating substances in VM’s system. Cause of death is strangulation. It does show (what I’d interpret as) evidence of sexual assault at or near the time of death unless I’m misunderstanding the article.

————
TLDR:

The adults in VM’s life lived in drug fueled violent chaos and no one gave the remotest about her safety or well-being, including her mother. :/

This version of events makes more emotional sense to me than a mom who is sexually motivated by her daughter’s suffering. But it doesn’t make me think any of these yahoos is less responsible than before ethically.

 

[Niner]

Thank you Blair!

 

[Niner]

Thursday, Dec. 6th:
*Evidentiary Hearing (@ 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, 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 changed to 12/6, 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.
9/25/18 Update: Kelley was in court Tuesday morning as prosecutors asked the court to reconsider her plea deal that would allow her to testify against the other defendants in the case including her cousin, Fabian Gonzales, who is charged with various crimes including child abuse resulting in death. 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. Prosecutors will not be able to use any of Kelley's testimony against Gonzales. That request was denied by District Court Judge Charles Brown. The prime murder suspect has not been identified or arrested for Victoria's murder. "The presence of male DNA on her body, in specific locations, including around her neck suggests that whoever this unknown assailant was, bears primary responsibility for that death." Next hearing 11/6.
10/28/18 Update on court site: Evidentiary hearing on 11/6 now scheduled for 12/6. On 10/2 Def. motion to extend dealings; 10/8 State’s motion in Limine, Def. motion to dismiss count 1 (intentional abuse of a child resulting in death) & State trial witness list; Def. motion for change of venue. Mtn to suppress jail records unlawfully obtained w/o search warrant. 10/22 & 23 State responses to Defense’s motions.
*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. 10/18/18: Trial was cancelled. State request Daubert hearing. (Daubert hearing: a rule of evidence regarding the admissibility of expert witnesses' testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury).
10/26/18 Update: Request for hearing/setting, but no date given. 11/7 & 8: State’s motion to visit crime scene, defense opposes motion.
*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.

 

[cvaldez1975]

Hopefully you’ve been able to see this article by now bc it is really interesting. But if not, the synopsis is:

FG moved into MM’s apt with the kids and asked MM to hide his presence from her family. FG and MM shared a serious drug habit that meant they were gone seeking for a long periods of time.

FG has gang ties through his cousins. When JK was released from prison, the family had a BBQ which FG attended. He got into a fight at the BBQ over stolen money & it seems like it spiraled from there with a bunch of hunting for guns and threats against people, etc, as a result.

FG and JK immediately started up doing meth together against after JK’s release.

FG invites JK to live at MM’s and charges her rent. Multiple people tell FG that JK shouldn’t be at the apt bc she’s acting weird (saying the devil told her to do stuff, hallucinating, etc).

On the day of the murder, FG and MM go to 175957489274 (approximately, those assholes) different places seeking drugs. JK is left with VM at the apt.

While JK is at the apt, a strange man comes to the door looking for FG (implication is gang ties). JK reports the FG isn’t there & the man murders VM and tells JK she needs to “clean up” the scene or she and her kids will be next.

Eventually, FG and MM get home. MM gets “put to bed” and JK tells FG what happened to VM. Then the two of them “clean up” the scene, finally starting the fire.

At some point, MM finds out what happened to VM and says “she killed my daughter” or words to that effect.

Evidence from the autopsy shows no intoxicating substances in VM’s system. Cause of death is strangulation. It does show (what I’d interpret as) evidence of sexual assault at or near the time of death unless I’m misunderstanding the article.

————
TLDR:

The adults in VM’s life lived in drug fueled violent chaos and no one gave the remotest **** about her safety or well-being, including her mother. :/

This version of events makes more emotional sense to me than a mom who is sexually motivated by her daughter’s suffering. But it doesn’t make me think any of these yahoos is less responsible than before ethically.

thank you Blair, and I apologize Niner I did not see your post until now.

 

[Niner]

thank you Blair, and I apologize Niner I did not see your post until now.

No problem cvaldez!

 

[Niner]

from the court site:


Event Date Event Description Event Result Party Type Party # Amount
12/05/2018 SUPPLEMENTAL INFORMATION
12/05/2018 ORD: TO SEAL
12/05/2018 MTN: IN LIMINE P 1
STATE'S; TO EXCLUDE INADMISSABLE TESTIMONY
12/05/2018 MTN: IN LIMINE P 1
STATE'S; TO ADMIT DEFENDANT'S STATEMENTSAS REBUTTAL EVIDENCE
12/05/2018 RESPONSE P 1
STATE'S; TO DEFENDANT'S NOTICE OF WITHDRAWAL OF DEFENDANT'S MOTION TO DISMISS COUNT 1 PURSUANT TO STATE V. FOULENFONT
12/04/2018 ORD: TO SEAL
; VERIFIED MOTION AND ORDER TO FILE UNDER SEAL


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
01/07/20199:00 AM JURY TRIAL Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 602


link: Stale Session

 

[Niner]

for Gonzalez - no new court date, but Event update:

Event Date Event Description Event Result Party Type Party # Amount
11/20/2018 ORD: TO SEAL P 1
NONDISCLOSURE; CR16-2961; CR16-2962; CR169-2963

11/08/2018 RESPONSE D 1
IN OPPOSITION TO STATE'S MOTION FOR CRIME SCENE VISIT

11/07/2018 MTN: MOTION P 1
STATE'S; FOR CRIME SCENE VISIT
11/07/2018 TRANSMISSION OF RECORD PROPER

11/06/2018 NTC: NOTICE
OF COMPLETION AND TRANSMISSION OF RECORD PROPER
11/06/2018 REPLY P 1
STATE'S; TO DEFENDANT'S RESTONSE TO AMENDED STATE'S MOTION TO EXCLUDE EXPERT TESTIMONY OF MICHAEL SPENCE AND REQUEST FOR DAUBERT HEARING
11/06/2018 DOCKETING STATEMENT / COURT OF APPEALS

link: Stale Session

 

[JerseyGirl]

Defense wants suspected child murderer's trial moved from Albuquerque

 

[cvaldez1975]

I kinda agree. the twisted initial story was something else. im sorta thinking that this was good old fashioned gang drama, but the reaction was like huh???????? that poor girl.

 

[YESorNO]

DA: Investigation into fourth suspect in Victoria Martens case has stalled

Dec 10, 2018

"ALBUQUERQUE, N.M. (KRQE) - The District Attorney says the investigation into an unidentified man who killed 10-year-old Victoria Martens has stalled.

DA Raul Torrez says Albuquerque Police detectives trying to solve the mystery are now working on other cases.

Police charged Martens' mother, Michelle; Fabian Gonzales and Jessica Kelley in the 2016 murder.

Kelley says it was an unknown man who killed the girl. She had been cooperating with the investigation and was set to testify against her cousin, Fabian Gonzales.

However, the DA says she is no longer cooperating after a District Court judge rejected her plea agreement.

She is now set to go on trial in January. "

DA: Investigation into fourth suspect in Victoria Martens case has stalled
---

Suspect in Victoria Martens case asks for release pending trial (with clip)

Dec 08, 2018

"ALBUQUERQUE, N.M. (KRQE) - He’s accused in connection with the death of Victoria Martens, and now he’s asking a judge to let him out of jail.

Fabian Gonzales has been in jail since the murder in August 2016.

In a motion filed Thursday, Gonzales’ attorneys state the one witness against him actually tried to kill him.

Fabian Gonzales was charged with murdering Victoria Martens in August 2016.

Then in June 2018, District Attorney Raul Torres dropped a bombshell.

“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.

The charges were changed and now Gonzales is facing a child abuse resulting in death charge....

Fabian Gonzales’ attorneys also make a prediction that after prosecutors are done presenting their case in Jessica Kelley’s trial next month, that the judge will give a directed verdict of not guilty against Kelley for child abuse resulting in death."

Suspect in Victoria Martens case asks for release pending trial
-----

Document

https://www.courthousenews.com/wp-content/uploads/2017/08/Martens.Abq_.pdf

---------------------------------------------------------------------------------------------------------------------------------------------------

 

[Chelly]

DA: Investigation into fourth suspect in Victoria Martens case has stalled

Dec 10, 2018

"ALBUQUERQUE, N.M. (KRQE) - The District Attorney says the investigation into an unidentified man who killed 10-year-old Victoria Martens has stalled.

DA Raul Torrez says Albuquerque Police detectives trying to solve the mystery are now working on other cases.

Police charged Martens' mother, Michelle; Fabian Gonzales and Jessica Kelley in the 2016 murder.

Kelley says it was an unknown man who killed the girl. She had been cooperating with the investigation and was set to testify against her cousin, Fabian Gonzales.

However, the DA says she is no longer cooperating after a District Court judge rejected her plea agreement.

She is now set to go on trial in January. "

DA: Investigation into fourth suspect in Victoria Martens case has stalled
---

Suspect in Victoria Martens case asks for release pending trial (with clip)

Dec 08, 2018

"ALBUQUERQUE, N.M. (KRQE) - He’s accused in connection with the death of Victoria Martens, and now he’s asking a judge to let him out of jail.

Fabian Gonzales has been in jail since the murder in August 2016.

In a motion filed Thursday, Gonzales’ attorneys state the one witness against him actually tried to kill him.

Fabian Gonzales was charged with murdering Victoria Martens in August 2016.

Then in June 2018, District Attorney Raul Torres dropped a bombshell.

“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.

The charges were changed and now Gonzales is facing a child abuse resulting in death charge....

Fabian Gonzales’ attorneys also make a prediction that after prosecutors are done presenting their case in Jessica Kelley’s trial next month, that the judge will give a directed verdict of not guilty against Kelley for child abuse resulting in death."

Suspect in Victoria Martens case asks for release pending trial
-----

Document

https://www.courthousenews.com/wp-content/uploads/2017/08/Martens.Abq_.pdf

---------------------------------------------------------------------------------------------------------------------------------------------------

DA: Investigation into fourth suspect in Victoria Martens case has stalled

Dec 10, 2018

"ALBUQUERQUE, N.M. (KRQE) - The District Attorney says the investigation into an unidentified man who killed 10-year-old Victoria Martens has stalled.

DA Raul Torrez says Albuquerque Police detectives trying to solve the mystery are now working on other cases.

Police charged Martens' mother, Michelle; Fabian Gonzales and Jessica Kelley in the 2016 murder.

Kelley says it was an unknown man who killed the girl. She had been cooperating with the investigation and was set to testify against her cousin, Fabian Gonzales.

However, the DA says she is no longer cooperating after a District Court judge rejected her plea agreement.

She is now set to go on trial in January. "

DA: Investigation into fourth suspect in Victoria Martens case has stalled
---

Suspect in Victoria Martens case asks for release pending trial (with clip)

Dec 08, 2018

"ALBUQUERQUE, N.M. (KRQE) - He’s accused in connection with the death of Victoria Martens, and now he’s asking a judge to let him out of jail.

Fabian Gonzales has been in jail since the murder in August 2016.

In a motion filed Thursday, Gonzales’ attorneys state the one witness against him actually tried to kill him.

Fabian Gonzales was charged with murdering Victoria Martens in August 2016.

Then in June 2018, District Attorney Raul Torres dropped a bombshell.

“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.

The charges were changed and now Gonzales is facing a child abuse resulting in death charge....

Fabian Gonzales’ attorneys also make a prediction that after prosecutors are done presenting their case in Jessica Kelley’s trial next month, that the judge will give a directed verdict of not guilty against Kelley for child abuse resulting in death."

Suspect in Victoria Martens case asks for release pending trial
-----

Document

https://www.courthousenews.com/wp-content/uploads/2017/08/Martens.Abq_.pdf

---------------------------------------------------------------------------------------------------------------------------------------------------

I am very concerned there will not be justice for Victoria. This is a difficult and upsetting case to follow.

 

[Niner]

Friday, Dec. 14th:
*Pretrial Hearing (@ 1:30pm 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, 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.
Had Evidentiary hearing 11/6 changed to 12/6, 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.
9/25/18 Update: Kelley was in court Tuesday morning as prosecutors asked the court to reconsider her plea deal that would allow her to testify against the other defendants in the case including her cousin, Fabian Gonzales, who is charged with various crimes including child abuse resulting in death. 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. Prosecutors will not be able to use any of Kelley's testimony against Gonzales. That request was denied by District Court Judge Charles Brown. The prime murder suspect has not been identified or arrested for Victoria's murder. "The presence of male DNA on her body, in specific locations, including around her neck suggests that whoever this unknown assailant was, bears primary responsibility for that death." Next hearing 11/6.
10/28/18 Update on court site: Evidentiary hearing on 11/6 now scheduled for 12/6. On 10/2 Def. motion to extend dealings; 10/8 State’s motion in Limine, Def. motion to dismiss count 1 (intentional abuse of a child resulting in death) & State trial witness list; Def. motion for change of venue. Mtn to suppress jail records unlawfully obtained w/o search warrant. 10/22 & 23 State responses to Defense’s motions.
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.
*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. 10/18/18: Trial was cancelled. State request Daubert hearing. (Daubert hearing: a rule of evidence regarding the admissibility of expert witnesses' testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury).
10/26/18 Update: Request for hearing/setting, but no date given. 11/7 & 8: State’s motion to visit crime scene, defense opposes motion. 12/6/18: Asked for release pending trial.
*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.