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

[Niner]

Just an update in the docket, no court date set yet.

Event Date Event Description Event Result Party Type Party # Amount
01/27/2021 NTC: NOTICE P 1
NOTICE TRIAL RESUMPTION STATUS (COVID-19 MANDATORY FORM)

01/22/2021 NTC: OF NON-AVAILABILITY D 1
Notice of Non-Availability of Defense Counsel 8-19 Mar, 5-16 Apr

01/05/2021 MTN: MOTION P 1
STATE'S FOURTH MOTION FOR DEFINITE TRIAL SETTING

link: Stale Session

 

[SunnyTurtle]

Looks like you got a post up before I did—I’ll delete mine, which is a hot mess since it was my first time posting. I’m really freaked out that they don’t seem to know where Fabian Gonzales is in the midst of all this.

 

[Cracka*Jaxx]

“The Albuquerque Police Department has issued an Amber Alert Tuesday for two children, Elijah Covington, and Javon Rosales. APD says the children were abducted from CYFD custody by their mother Clorisa Renee Covington who does not have custody. Police say they were last seen at 11:20 a.m. on Tuesday, February 9, 2021, at a dental office on Menaul near San Mateo in northeast Albuquerque.”

“We immediately started cooperating with police, local law enforcement officials, so we can do our best to get them back as quickly as possible,” Cliff Gilmore, a spokesperson with CYFD, said. Police believe the boys may be in danger. In an Amber Alert police said the mom, Clorisa Covington is dating Fabian Gonzales.”

FABIAN GONZALES!!!! Unbelievable!

Amber Alert issued for 2 Albuquerque children | KRQE News 13

 

[Niner]

Nothing yet in the court site. I must have missed it - anyone know "how old" Clorisa is?

TIA!

edited to - oops - on the wrong thread to ask... going over to Elijah & Javon's thread... sorry!

 

[Niner]

Oops - I missed a motions hearing...

Gonzales:

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
03/17/2021 NTC: OF NON-AVAILABILITY D 1
Notice of Non-Availability of Defense Counsel 17-20 May, 12-23 Jul

03/08/2021 NTC: HEARING (MOTION)

03/04/2021 ORD: ORDER D 1
FORM ORDER; DEFENDANTS SICTH ADDENDUM TO MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION; CONT'D- PARTIES TO PROVIDE ADDITIONAL BRIEFING FOR SPEEDY TRIAL MOTION, SEE ORDER ISSUED TODAY- 3/4/2021

03/04/2021 ORD: ORDER
ORDER SETTING DEADLINES FOR SUPPLEMENTAL HEARINGS

03/03/2021 REPLY D 1
Reply to State's Response to 6th Addendum

02/19/2021 REQUEST FOR HEARING/ SETTING P 1
STATE'S REQUEST FOR A SETTING ON THE STATE'S MOTIONS

02/17/2021 RESPONSE P 1
State's Response to Defendant's 6th Addendum to Motion to Dismiss for Speedy Trial Violation

02/16/2021 NTC: HEARING (MOTION)
02/16/2021 JDG: NOTICE OF JUDGE ASSIGNMENT P 1
02/16/2021 ORD: ORDER OF JUDGE ASSIGNMENT

02/15/2021 JDG: JUDGE RECUSAL

02/10/2021 MTN: TO DISMISS D 1
6TH Addendum to Speedy Trial Motion

02/08/2021 JDG: NOTICE OF JUDGE ASSIGNMENT
02/08/2021 JDG: JUDGE RECUSAL


Hearings for this Case:

Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
05/10/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

03/04/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/23/2020 9:00 AM COMPLIANCE HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session

 

[Findsandrapayne]

On her 10th birthday Victoria Martens was killed, dismembered and set on fire in the apartment she lived in with her mother Michelle Martens and her younger brother (who thankfully was not home at the time). Michelle had recently allowed her new boyfriend Fabian Gonzales and his cousin Jessica Kelly to move in. Michelle has offered confusing information initially stating all three had forced drugs on Victoria, participated in Victoria s rape and murder. Michelle later stated she was out with Fabian purchasing meth at the time of the death of Victoria and cell phone records support this. Fabian blamed his cousin Jessica and denied involvement. Jessica had a jail sentence extended for her involvement in another inmates rape and was newly released. Jessica claimed Michelle and Fabian had left the apartment and an unknown male came in and went to the back bedrooms and when he left she discovered Victoria was dead. They all agree that they ate dinner and in the early morning Jessica Attacked Michelle with a frying pan and Michelle fled to a neighbors apt asking them to call 911 stating “I think someone killed my daughter “. Police discovered Victoria’s burning body in a bathtub. All three were taken into custody but not before Jessica fell on the roof breaking both ankles in a failed escape attempt. It was determined Victoria did not have drugs in her system. This case received world wide attention initially in 2016. Nobody had been found guilty in her death as of yet

 

[Findsandrapayne]

Here’s a newspaper article on this. Victoria's nightmare began before fatal night

 

[Findsandrapayne]

Well I’m new here so don’t be too annoyed at the long long post above- looking under NM crimes tab and didn’t find the case, and Victoria deserves justice (and so much more) I thought I HAD to bring her story to attention. Anndd now my post is moved to the existing thread..which I’m grateful to see exists. It’s beyond ghastly to know there are still subhuman animals out loose who prey on kids. The judge has thrown out the grandparents suit. Jessica and Michelle are pending sentencing. Fabian is claiming no due process due to time spent behind bars and still no trial date. Feb 21 Judge Tosses Lawsuit Over Horrific Murder of New Mexico Girl

 

[Niner]

First welcome to WS & this case @Findsandrapayne !

He is in the system here:

Stale Session

and he has a motions hearing on 5/10 @ 8:30am

 

[Niner]

Update on docket:

Event Date Event Description Event Result Party Type Party # Amount
04/23/2021 REPLY D 1
DEFENDANT'S REPLY TO STATE'S RESPONSE TO DEFENDANT'S MOTION TO EXCLUDE GANG TESTIMONY

04/23/2021 REPLY D 1
Reply to State's Response to Motion for Order to Produce

04/23/2021 REPLY D 1
Reply to State's Response to Motion for Pre-Trial Interviews

04/23/2021 REPLY D 1
Reply to State's Response to Motion to Disclose Confidential Informants

04/23/2021 REPLY D 1
DEFENDANT'S REPLY TO STATE'S RESPONSE TO DEFENDANT'S MOTION TO ADMIT STATEMENTS OF MISSING WITNESSES

04/23/2021 REPLY D 1
Reply to State's Response to Second Motion for In Camera Inspection of Kelley's Mental Health Records

04/22/2021 REPLY D 1
Reply to State's Response to Motion for Supplemental Jury Questionnaire

04/21/2021 ORD: ORDER D 1
ORDER DENYING DEFENDANT'S SPEEDY TRIAL MOTION TO DISMISS

04/21/2021 REPLY D 1
Reply to Response to Defendant's Motion in Limine re Graphic Photographs

04/21/2021 REPLY D 1
Defendant's Reply State's Response to Motion to Admit Victoria's Card

04/20/2021 RESPONSE D 1
Defendant's Response to State's Motion to Strike Untimely Motions

04/09/2021 MTN: MOTION P 1
STATE'S MOTION TO STRIK UNTIMELY MOTIONS

04/09/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO FOR SUPPLEMENTAL JURY QUESTIONNAIRE

04/09/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINIE RE GRAPHIC PHOTOGRAPHS

04/09/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S SECOND MOTION TO REVIEW JESSICA KELLEY'S MENTAL HEALTH RECORDS IN CAMERA

04/09/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO ADMIT STATEMENTS OF MISSING WITNESSES

04/09/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO DISCLOSE CONFIDENTIAL INFORMANTS

04/09/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO ADMIT VICTORIA'S CARD AND REQUEST TO CAUTION DEFENSE AGAINST MISSTATEMENTS OF FACT

04/09/2021 RESPONSE TO MEMORANDUM BRIEF
STATE'S RESPONSE TO DEFENDANT'S SUPPLIMENTAL BRIEF RE: MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION AND NOTICE OF COMPLIANCE

04/04/2021 REQUEST FOR HEARING/ SETTING D 1
Request for Hearing on Defense Motions

04/02/2021 BRIEF D 1
Defense Supplemental Brief re Speedy Trial Violation

04/02/2021 MTN: MOTION D 1
Defense Motion for In Camera Inspection of Jessica Kelley's Mental Health Records

04/02/2021 MTN: MOTION D 1
Defense Motion to Disclose Confidential Informants

03/31/2021 MTN: MOTION D 1
Defense Motion to Admit Victoria's Card

03/31/2021 MTN: MOTION D 1
Defense Motion for Supplemental Jury Questionnaire

03/30/2021 MTN: MOTION D 1
Defense Motion to Admit Statements of Missing Witnesses

03/30/2021 MTN: IN LIMINE D 1
DEFENSE MOTION IN LIMINE RE GRAPHIC PHOTOGRAPHS


Hearings:
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
05/10/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Stale Session

 

[Niner]

Okay - he hasn't been in court for quite awhile - so this is going to be long - And I shall shorten it up!


Monday, May 10th:
*Motions Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 36) (“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 5/8/20 reference post #748 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
6/10/20 Update: Defendant's response to report of non-compliance & defense motions to review conditions of release set for video/telephonic hearing on 6/23/20.
6/23/20 Update: Defense motion to review conditions of release-granted; third party release to PTS; motion for pretrial detention-denied. 6/26/20 Update: Amended order setting conditions of release. 7/6/20: State's Motion to reconsider court's order granting defendant's motion to review conditions of release & Court's removal of the condition that defendant not be unsupervised around children; State's Motion for definite trial setting. 7/7/20: Defense's response to State's Motion to reconsider conditions of release; State's reply to defendant's response in opposition to State's motion to reconsider. 7/8/20: Motion to dismiss for speedy trial violation. 7/10/20: Defense counsel has conflicting court hearing thru Sept & October.
7/22/20: State's response to defendant's motion to dismiss for violation of speedy trial. 7/29/20: State's motion for recusal of the Honorable Charles Brown. 7/31/20: Response in opposition of the State's motion for the recusal of Judge Charles Brown.
7/31/20: Response in opposition of the State's Motion for recusal of Judge Charles Brown. 8/5/20: 1st, 2nd, 3rd & 4th addendum to reply in support of defendant's motion to dismiss for speedy trial violations. 8/19/20: Defense’s Motion to review mental health records. 8/25/20: Defense’s Request for hearing on speedy trial motions.
Defense's list of dates of non-availability: 11/30/20 to Dec. 2020, 10/14/20 to 10/30/20, 9/21/20 to 10/2/20. 8/26/20: Prosecutor request for hearing on all outstanding motions. 8/28/20 Defense motion regarding pretrial interviews. 9/1/20 State's response to defendant's motion to review Jessica Kelley's mental health records. 9/2/20: State's 5th motion for order to show cause. 9/9/20: State's 6th motion for order to show cause. 9/11/20: State's response to defendant's motion regarding pretrial interviews & request for reconsideration of the Court's previous ruling. 9/13/20: Defense's response to 6th Motion for order to show cause filed on 9/9/20. 9/13/20: Defense's response to 5th motion for order to show cause filed 9/2/20. 9/25/20: Defense's amended notice of non-availability. Trial Nov. 30 thru Dec. 2020.
10/2/20: Order: denying State's motion to reconsider court's order granting defendant's motion to review conditions of release & court's removal of the condition that defendant not be unsupervised around children. 10/2/20: Order: denying State's motion for recusal. 10/13/20: State's 2nd motion for trial setting. 10/14/20: Defendant's response to Motion for trial setting. 10/27/20: 5th Addendum: Defendant's affidavit. 11/4/20: State's 3rd Motion for Trial setting.
1/5/21: State's 4th Motion for definite trial setting. 1/22/21: Notice of non-availability of defense counsel 3/8 thru 3/19 & 4/5 thru 4/16/21. 1/27/21: Notice trial resumption status (COVID-19 Mandatory form).
2/8/21: Notice of Judge recusal; notice of judge assignment. 2/10/21: Motion to dismiss-6th addendum to speedy trial motion. 2/16/21: Order of judge assignment. Notion of motion hearing on 3/4/21. 2/17/21: State's response to defendant's 6th addendum to Motion to Dismiss for speedy trial violation. 2/19/21: State's request for a setting on the State's motions. 3/3/21: Defense's reply to State's response to 6th addendum. 3/4/21: Order setting deadlines for supplemental hearings.
3/4/21: Order: Defendant's 6th addendum to motion to dismiss for speedy trial violation; Continued by parties to provide additional briefing for speedy trial motion. 3/8/21: Notice of motion hearing on 5/10/21. 3/17/21: Notice of non-availability of defense counsel: 5/17-20 & 7/12-23/21.
3/30/21: Motion in Limine: Defense motion re graphic photos; Defense motion to admit statements of missing witnesses. 3/31/21: Defense motion for supplemental jury questionnaire; defense motion to admit Victoria's card. 4/2/21: Defense motion to disclosure confidential informants; defense motion for in camera inspection of Jessica Kelley's mental health records; defense supplemental brief re speedy trial violation. 4/4/21: Request for hearing on defense motions. 4/9/21 State's response to defendant's supplemental brief re: motion to dismiss for speedy trial violation & notice of compliance; respond to motion to admit Victoria's card & request to caution defense against misstatements of fact; response to motion to disclose confidential informants; response to motion to admit statements of missing witnesses; response to 2nd motion to review Kelley's mental health records in camera; response to motion in Limine re graphic photos; response to motion to for supplemental jury questionnaire. State's motion to strike untimely motions. 4/20/21: Defendant's response to State's motion to strike untimely motions. 4/21/21: Defendants' reply to State's response to motion to admit Victoria's card. State's reply to response to defendant's Motion in Limine re graphic photos; Order denying defendant's speedy trial motion to dismiss. 4/22/21: Defendant's reply to State's response to motion for supplemental jury questionnaire. 4/23/21: Defendant's reply to State's response to 2nd motion for in camera inspection of Kelley's mental health records; reply to State's response to motion to admit statements of missing witnesses; reply to State's response to motion to disclose confidential informants; reply to State's response to motion for pretrial interviews; reply to State's response to motion for order to produce; reply to State's response to defendant's motion to exclude gang testimony. Next motions hearing on 5/10/21.
*Jessica Rosalie Kelley (33) (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. Could receive 50 years, with good behavior out in 20 years. Will be sentenced following Gonzales’ trial.
*Michelle Martens (37) (“mom”) – 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.

 

[Niner]

Gonzales:

Docket update:
Event Date Event Description Event Result Party Type Party # Amount
05/11/2021 ORD: ORDER P 1
ORDER DENYING DEFENDANT'S MOTION TO ADMIT STATEMENTS OF MISSING WITNESSES

05/11/2021 ORD: ORDER P 1
ORDER ON DEFENDANT S MOTION REGARDING GRAPHIC PHOTOS

05/11/2021 ORD: ORDER P 1
ORDER ON DEFENDANT S MOTION FOR INTERVIEWS

05/11/2021 ORD: ORDER P 1
ORDER CONCERNING STATE'S MOTION FOR ORDER TO SHOW CAUSE

05/11/2021 AUDIO LOG NOTES
CR 420 8:49:29 - 10:17:41; 10:28:38 - 11:59:18; 1:33:39 - 1:38:05

05/11/2021 NTC: NOTICE D 1
Notice of Retraction of Affidavits

05/11/2021 NTC: HEARING (MOTION)

05/10/2021 AUDIO LOG NOTES
CR 420 8:37:11 - 10:32:26; 10:49:49 - 11:59:46; 1:31:51 - 3:02:39; 3:16:08 - 4:58:00

05/07/2021 NTC: OF NON-AVAILABILITY D 1
Notice of Non-Availability of Defense Counsel 12-23 Jul, 20 Sep - 1Oct

Hearings:
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
06/09/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

05/10/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Stale Session

 

[Niner]

Was going thru my June cases coming up & decided to look & see "where" Martens & Kelley were in their sentencing hearings. Did find they have status hearings coming up.

Kelley:

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
06/18/2021 9:00 AM STATUS HEARING/ CONFERENCE Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Stale Session


Martens:

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
06/30/2021 2:30 PM STATUS HEARING/ CONFERENCE Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Caselookup - Disclaimer

 

[helpfulcharlie]

If there was a feature on WS to vote for the worst case ever, this might be in the top 5. I just read through this thread, and some external articles as well, and if I didn't know better, I would have assumed it was sick horror fan-fiction written by someone with severe mental disorders.

 

[Inthedetails]

“The Albuquerque Police Department has issued an Amber Alert Tuesday for two children, Elijah Covington, and Javon Rosales. APD says the children were abducted from CYFD custody by their mother Clorisa Renee Covington who does not have custody. Police say they were last seen at 11:20 a.m. on Tuesday, February 9, 2021, at a dental office on Menaul near San Mateo in northeast Albuquerque.”

“We immediately started cooperating with police, local law enforcement officials, so we can do our best to get them back as quickly as possible,” Cliff Gilmore, a spokesperson with CYFD, said. Police believe the boys may be in danger. In an Amber Alert police said the mom, Clorisa Covington is dating Fabian Gonzales.”

FABIAN GONZALES!!!! Unbelievable!

Amber Alert issued for 2 Albuquerque children | KRQE News 13

Is this the same Fabian Gonzales??

 

[helpfulcharlie]

Yes, and I think that was resolved.

Yes, this "mother" was "dating" this man. This man who is awaiting trial for his involvement in the rape, murder and dismemberment of a 10-year-old girl.

State responds to motion to dismiss charges against Fabian Gonzales | KRQE News 13

Paraphrased: How can I get a fair trial for the thing I was actually involved in when I'm being unfairly associated with Amber alerts just because I'm dating the noncustodial kidnapper in another case?

He must be really charming. Or he must have only the best meth.

People suck.

 

[Niner]

Gonzales - updates on the docket.

Event Date Event Description Event Result Party Type Party # Amount
06/02/2021 NTC: NOTICE D 1
Notice of Withdrawal of Defense Witnesses

06/01/2021 NTC: NOTICE P 1
STATE'S NOTICE REGARDING DEFENSE WITNESS BRYCE PERRY

05/27/2021 ORD: ORDER DENYING D 1
ORDER DENYING MOTION TO RECONSIDER

05/27/2021 AUDIO LOG NOTES
Court Room 420; 8:41:32 - 8:57:36

05/26/2021 RESPONSE P 1
State's Response to Defendant's Motion to Reconsider Order Regarding Additional Pretrial Interview with Michelle Martens

05/25/2021 ORD: ORDER D 1
ORDER GRANTING APPLICATION FOR LOPD LITIGATION SERVICES

05/24/2021 MTN: MOTION/APPLICATION FOR FREE PROCESS D 1
DEFENDANT'S MOTION FOR ORDER GRANTING APPLICATION FOR LOPD LITIGATION SERVICES

05/21/2021 NTC: NOTICE D 1
Notice of Withdrawal of Witness Perry

05/21/2021 WITNESS LIST D 1
Defense Witness List

05/19/2021 NTC: NOTICE D 1
Notice of Withdrawal of Expert Witness Spence

05/19/2021 NTC: NOTICE D 1
Notice of Withdrawal of Witness Ontiveros

05/19/2021 MTN: TO RECONSIDER/ REVIEW D 1
Defense Motion to Reconsider Order re Michelle Martens PTI

05/19/2021 NTC: HEARING (STATUS)
SET FOR 05/27/2021 AT 8:30AM

05/18/2021 DEMAND FOR SPEEDY TRIAL D 1
DEFENDANT'S DEMAND FOR SPEEDY TRIAL AND REQUEST FOR CONTINUING OBJECTION

05/17/2021 ORD: ORDER D 1
ORDER RE DEFENSE WITNESSES

05/17/2021 ORD: ORDER D 1
ORDER RE DEFENSE WITNESSES

05/17/2021 NTC: HEARING (JURY TRIAL)

05/14/2021 MTN: MOTION D 1
Corrected Defense Motion for Change of Venue

05/14/2021 MTN: MOTION D 1
Defendant's Motion for Change of Venue

05/14/2021 ORD: ORDER
RE GANGS

05/14/2021 ORD: ORDER
TO RELEASE MENTAL HEALTH RECORDS FOR IN CAMERA REVIEW BY THE COURT

05/14/2021 ORD: ORDER
RE PRIOR STATEMENT OF JESSICA KELLEY

05/14/2021 ORD: TO SEAL
COURT RECORDS

05/14/2021 ORD: ORDER
RE MAURICE MOYA

05/14/2021 ORD: ORDER
RE MICHAEL SPENCE PH.D.

05/14/2021 ORD: ORDER DENYING D 1
DEFENDANT'S MOTION TO DISCLOSE CONFIDENTIAL INFORMANTS

05/14/2021 ORD: ORDER DENYING D 1
STATE'S SIXTH MOTION FOR ORDER TO SHOW CAUSE

05/14/2021 ORD: ORDER
REGARDING ADDITIONAL PRETRIAL INTERVIEE WITH MICHELLE MARTENS

05/14/2021 ORD: ORDER
REGARDING DEFENDANT'S MOTION FOR ORDER TO PRODUCE

05/14/2021 ORD: ORDER
REGARDING TRIAL SETTING

05/13/2021 MTN: MOTION D 1
Stipulated Motion for Order to Seal Court Records

05/13/2021 ORD: ORDER
ORDER RE GANGS

05/13/2021 ORD: ORDER
ORDER TO RELEASE MENTAL HEALTH RECORDS FOR IN CAMERA REVIEW BY THE COURT

05/12/2021 NTC: NOTICE D 1
NOTICE OF DEFENDANT'S SELECTION OF TRIAL DATE

05/12/2021 NTC: NOTICE P 1
NOTICE OF STATE'S SELECTION OF TRIAL DATE


Hearings:
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
01/03/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/09/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420


link: NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*

 

[Niner]

Wednesday, June 9th:
*Motions Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 36) (“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.
Trial set to begin on 1/3/22
Court information from 6/30/18 thru 4/22/21 reference post #771 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
4/23/21: Defendant's reply to State's response to 2nd motion for in camera inspection of Kelley's mental health records; reply to State's response to motion to admit statements of missing witnesses; reply to State's response to motion to disclose confidential informants; reply to State's response to motion for pretrial interviews; reply to State's response to motion for order to produce; reply to State's response to defendant's motion to exclude gang testimony. Next motions hearing on 5/10/21. 5/7/21: Notice of non-availability of dense counsel 7/12-23 & 9/20-10/1/21.
5/11/21: Motions hearing held. Notice of retraction of affidavits. Order: concerning State's motion for order to show cause. Order on defendant's motion for interviews. Order on defendant's motion regarding graphic photos. Order-denying defendant's motion to admit statements of missing witnesses. Next motions hearing on 6/9/21.
5/12/21: Notice of State's selection of trial date. 5/13/21: Order to release mental health records for in-camera review by the Court. Stipulated Motion for Order to seal court records. 5/14/21: Order regarding trial setting. Order regarding defendant's motion for order to produce. Order regarding additional pretrial interview with Michelle Martens. State's 6th Motion for Order to show cause. Order denying defendant's motion to disclose confidential informants. Order re Michael Spence, PH.D., Maurice Moya. Order to seal court records. Order re prior statement of Jessica Kelley. Order to release mental health records for in camera review by the court. Order re gangs. Defendant's motion for change of venue ( and corrected one filed). 5/17/21: Order re defense witnesses. 5/18/21: Defendant's demand for speedy trial & request for continuing objection. 5/19/21 Status hearing set for 5/27/21. Defense motion to reconsider order re Michelle Martens PTI. Notice of withdrawal of witness Ontiveros by defense. 5/21/21: Defense witness list. Notice of withdrawal of witness Perry by defense. 5/24/21: Defendant's motion for order granting application for LOPD litigation services. 5/25/21: Order granting application for LOPD litigation services. 5/26/21: State's response to defendant's motion to reconsider order regarding additional pretrial interview with Michelle Martens. 5/27/21: Order denying motion to reconsider. 6/1/21 State's notice regarding defense witness Bryce Perry. 6/2/21: Defense notice of withdrawal of defense witnesses.
*Jessica Rosalie Kelley (33/now 36) (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. Could receive 50 years, with good behavior out in 20 years. Will be sentenced following Gonzales’ trial. Status hearing on 6/18/21.
*Michelle Martens (37/now 40) (“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 other 2 & will be sentenced after other cases are over. Faces up to 12-15 years in prison. Status hearing on 6/30/21.

 

[Niner]

Docket:
Event Date Event Description Event Result Party Type Party # Amount
06/09/2021 AUDIO LOG NOTES
CR 420: 09:01:05 - 10:40:44; 10:50:31 - 10:45:15; 10:47:11 - 11:49:28

06/09/2021 ORD: ORDER
FORM ORDER ON SCHEDULED MOTIONS; STATE'S MOTION TO EXCLUDE EXPERT TESTIMONY OF MAURICE MOYA IS CONTINUED; SET TO HEAR ARGUMENT ON MOTION ON 06/15/2021

06/09/2021 NTC: HEARING (MOTION)

06/08/2021 NTC: OF INTENT D 1
ADDENDUM TO NOTICE OF INTENTION TO USE EXPERT WITNESS MAURICE L. MOYA


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
01/03/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/15/2021 9:00 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/09/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Stale Session

 

[helpfulcharlie]

Docket:
Event Date Event Description Event Result Party Type Party # Amount
06/09/2021 AUDIO LOG NOTES
CR 420: 09:01:05 - 10:40:44; 10:50:31 - 10:45:15; 10:47:11 - 11:49:28

06/09/2021 ORD: ORDER
FORM ORDER ON SCHEDULED MOTIONS; STATE'S MOTION TO EXCLUDE EXPERT TESTIMONY OF MAURICE MOYA IS CONTINUED; SET TO HEAR ARGUMENT ON MOTION ON 06/15/2021

06/09/2021 NTC: HEARING (MOTION)

06/08/2021 NTC: OF INTENT D 1
ADDENDUM TO NOTICE OF INTENTION TO USE EXPERT WITNESS MAURICE L. MOYA


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
01/03/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/15/2021 9:00 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/09/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Stale Session

This Maurice Moya? Witness says private investigator told her, "We know where she's buried..." • September Sacrifice

Sounds like a real class act. I guess Albuquerque really is like the TV shows.