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

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I want to get this straight - on 11/7 - pretrial detention was denied. Does that mean he CAN be released? or not? o_O
 
i heard some inside info on this case but its hearsay. if you scour through comments on news you will find it. it helped me to understand (but not approve of) whats going on.
 
Cat01 said:
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.
Click to expand...

I didn't think he ran from police, I thought that was Kelly ? My understanding was that Gonzales & Michelle called the police after being attacked by Kelly.
 
Event Date Event Description Event Result Party Type Party # Amount
11/25/2019 ORD: COURT OF APPEALS/SUPREME COURT
AFFIRMING DISTRICT COURT'S DENIAL OF STATE'S MOTION FOR PRETRIAL DETENTION

11/18/2019 ORD: ORDER
ORDER DENYING THE STATE'S EXPEDITED MOTION FOR PRETRIAL DETENTION & GRANTING DEFENDANT'S MOTION FOR EXPEDITED REVIEW OF CONDITIONS OF RELEASE

link: Stale Session


So.... does this mean the State took the appeals re his release to the Supreme Court? TIA! :)

and boy cvaldez - you are being very cryptic!! LOL!
 
Here's from the court site stuff that has happened since I last posted on it. No court date yet....

Event Date Event Description Event Result Party Type Party # Amount
12/28/2019 MTN: MOTION
FIRST ADDENDUM TO MOTION FOR PRETRIAL INTERVIEWS

12/26/2019 REPLY
DEFENDANT'S REPLY IN SUPPORT OF MOTION FOR LEAVE TO CONDUCT PRE TRIAL INTERVIEWS

12/24/2019 RESPONSE
DEFENDANT'S RESPONSE TO STATE'S MOTION FOR SANCTIONS OR ADMONISHMENT AGAINST DEFENSE COUNSEL FOR VIOLATION OF THIS COURT'S ORDER TO RESPECT VICTORIA MARTENS

12/23/2019 MANDATE/AFFIRMED
12/23/2019 RESPONSE
STATE'S RESPONSE TO DEFENDANT'S MOTION FOR LEAVE TO CONDUCT PRE TRIAL INTERVIEWS
12/23/2019 MTN: To Impose Sanctions

12/18/2019 ORD: COURT OF APPEALS/SUPREME COURT
RECALLING MANDATE

12/17/2019 APPEAL SUMMARY CALENDAR

12/16/2019 MANDATE/AFFIRMED

12/15/2019 MTN: FOR LEAVE D 1
Motion for Leave to Conduct Pre-Trial Interviews

link: Stale Session
 
Here's what has happened since I last posted the court site info. Still no court date, just filings back & forth....

Event Date Event Description Event Result Party Type Party # Amount
02/18/2020 ORD: ORDER GRANTING
DEFENDANT'S MOTION TO LEAVE [SIC] TO CONDUCT PRE-TRIAL INTERVIEWS

02/09/2020 REPLY
DEFENDANT'S REPLY IN SUPPORT OF MOTION FOR EXPEDITED REVIEW OF COR

02/07/2020 RESPONSE
State's Response to Defendant's Motion for Expedited Review of Conditions of Release

01/27/2020 MTN: to Review Pretrial Preventive Detention/Release Order D 1
MOTION FOR EXPEDITED REVIEW OF COR

01/13/2020 RESPONSE
State's Response to Defendant's First Addendum to Motion for Leave to Conduct Pre Trial Interviews

12/28/2019 MTN: MOTION
FIRST ADDENDUM TO MOTION FOR PRETRIAL INTERVIEWS

link: Stale Session
 
Since the last update on the docket - not any future court dates....

Event Date Event Description Event Result Party Type Party # Amount
05/08/2020 RESPONSE
State's Response to Defendant's Motion to Review Conditions of Release

04/30/2020 MTN: TO RECONSIDER/ REVIEW D 1
MOTION TO REVIEW CONDITIONS OF RELEASE

03/17/2020 DISCLOSURE D 1
Disclosure of 19 Canceled PTIs and Demand for Speedy Trial

link: Stale Session
 
Docket:
Event Date Event Description Event Result Party Type Party # Amount
06/18/2020 WITNESS LIST D 1
Defense Witness List for 23 Jun COR Hearing

06/18/2020 WITNESS LIST P 1
State's Witness List for COR Hearing

06/17/2020 RESPONSE D 1
DEFENDANT'S RESPONSE TO REPORT OF NON-COMPLIANCE

06/10/2020 NTC: HEARING
COMPLIANCE (PRETRIAL SUPERVISION) & DEFENSE MOTIONS TO REVIEW CONDITIONS OF RELEASE SET FOR VIDEO/TELEPHONIC HEARING 6/23/20 AT 9:00 AM

06/10/2020 CORRESPONDENCE D 1
JUDICIAL SUPERVISION & DIVERSION PROGRAM REQUEST FOR HEARING


Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
06/23/2020 9:00 AM COMPLIANCE HEARING Brown, Charles W. ALBUQUERQUE DISTRICT COURT Courtroom 620

link: Stale Session
 
Tuesday, June 23rd:
*Compliance Hearing (via video/telephonic) (@ 9am 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 5/10/19 reference post #736 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
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.
11/7/19 Update: Defendant's motion for expedited conditions of release-granted; State's motion for pretrial detention-denied. 12/15/19 Update: Motion for leave to conduct pretrial interviews; 12/16/19: mandate-affirmed; 12/18/19: Court of Appeals/Supreme Court-recalling mandate. 12/23/19 State's response to Defendant's motion for leave to conduct pretrial interviews-to impose sanctions; 12/24/19: Defendant's response to State's motion for sanctions filed. 12/26/19: Defendant's reply in support of motion for leave to conduct pretrial interviews. 2/18/20: Motion to leave to conduct pretrial interviews-granted. 3/17/20: Disclosure: Defense Disclosure of 19 cancelled & demand for speedy trial.
4/30/20 Update: Defense Motion to Reconsider/Review (conditions of release). 5/8/20: State's response to Defendant's motion.
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.
*Jessica Rosalie Kelley (33) (cousin of FG) – pled 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.
 
no future hearing dates listed, but docket was updated.

Event Date Event Description Event Result Party Type Party # Amount
06/23/2020 ORD: ORDER D 1
FORM ORDER ON SCHEDULED MOTIONS; DEFENSE MOTION TO REVIEW CONDITIONS OF RELEASE: GRANTED

06/23/2020 ORD: Setting Conditions of Release - Pretrial Services
THIRD PARTY RELEASE TO PTS; MOTION FOR PRETRIAL DETENTION DENIED

link: Stale Session
 
Badlandsbabe said:
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
Click to expand...

I don't know if you actually saw what the judge said in the hearing, but he started by saying "ACCORDING TO THE EVIDENCE" and thats just it, they don't have a whole lot on FG for this case. If they did, they could keep him in jail. I think he deserves to be under the jail personally, but we have rights according to the US Constitution. The nature of punishment itself violates someone's rights, so if we are going to that, we need to be absolutely certain we are correct in every way.

I think its a little crazy that the judge allowed him to be around children considering his admissions, but frankly we can't believe a word out of any of their mouths. The ONLY thing that really means anything now is evidence. We have a ton of evidence he is a waste of life, but there isn't a whole lot FOR THIS CASE. You can't put someone on trial for being a tweaker... Also keep in mind who is collecting that evidence. APD doesn't exactly have a great track record, especially with super high profile cases. My opinions only.
 
No new court date, but thought I'd post the docket since last time:

Event Date Event Description Event Result Party Type Party # Amount
07/07/2020 REPLY P 1
State's Reply to Defendant's Response in Opposition to State's Motion to Reconsider

07/07/2020 RESPONSE D 1
Response to State's MTN to Reconsider Conditions of Release

07/06/2020 MTN: MOTION P 1
STATE'S MOTION FOR DEFINITE TRIAL SETTING

07/06/2020 MTN: TO RECONSIDER/ REVIEW P 1
STATE'S MOTION TO RECONSIDER COURT'S ORDER GRANTING DEFENDANT'S MOTION TO REVIEW CONDITIONS OF RELEASE AND COURT'S REMOVAL OF THE CONDITION THAT DEFENDANT NOT BE UNSUPERVISED AROUND CHILDREN

06/26/2020 ORD: Setting Conditions of Release - Pretrial Services
AMENDED ORDER SETTING CONDITIONS OF RELEASE

link: Stale Session
 
The only update on the court site - no hearing date yet....

Event Date Event Description Event Result Party Type Party # Amount
07/08/2020 MTN: TO DISMISS D 1
MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION

link: Stale Session
 
Update on docket, but no next hearing date. Wondering "why" the State wants Judge to recuse himself??

Event Date Event Description Event Result Party Type Party # Amount
07/31/2020 RESPONSE D 1
RESPONSE IN OPPOSITION OF THE STATE'S MOTION FOR THE RECUSAL OF THE HONORABLE CHARLES BROWN

07/29/2020 MTN: MOTION P 1
STATE'S MOTION FOR RECUSAL OF THE HONORABLE CHARLES BROWN

07/22/2020 RESPONSE P 1
State's Response to Defendant's Motion to Dismiss for Violation of Speedy Trial

07/13/2020 MANDATE/AFFIRMED

07/10/2020 NTC: OF NON-AVAILABILITY D 1
DEFENSE COUNSEL HAS CONFLICTING COURT HEARINGS THROUGH SEPTEMBER AND OCTOBER

07/08/2020 MTN: TO DISMISS D 1
MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION

link: Stale Session
 
Niner said:
Update on docket, but no next hearing date. Wondering "why" the State wants Judge to recuse himself?
Click to expand...

They said on the news the other day that its because they feel the judge is no longer impartial. They are basically accusing the judge of preferential treatment of FG, and want someone else that will put him back in jail instead of grant him privileges to be around his gf's kids (among other things that have not been ruled in the states favor).

But we have this whole evidence thing, and the state is pretty light on it 4 YEARS into the case... The state needs to put up or shut up IMO. You can't lock someone up for years and years without a trial, and if all you can prove is that he is a tweaker , you need to lock half the city up. I think he should be under the jail personally, but he has rights just like we do. The Judge needs a reason to keep him, and at this point, and he doesn't have one. Changing the Judge won't change the evidence (or lack of it). As always, my opinion's only. I might be able to find a link for the newscast on channel 13 KRQE, but I'm too tired to look right now.
 
Thank you for explanation @Loudestbough re the Judge.

Here's the latest updates from the court site. Still no hearing date though.

Event Date Event Description Event Result Party Type Party # Amount
08/07/2020 REPLY D 1
4TH ADDENDUM TO REPLY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION

08/05/2020 REPLY D 1
3RD ADDENDUM TO REPLY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION

08/05/2020 REPLY D 1
2ND ADDENDUM TO REPLY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATIONS

08/05/2020 REPLY D 1
1ST ADDENDUM TO REPLY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION

08/05/2020 REPLY D 1
REPLY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS FOR SPEEDY TRIAL VIOLATION

07/31/2020 RESPONSE D 1
RESPONSE IN OPPOSITION OF THE STATE'S MOTION FOR THE RECUSAL OF THE HONORABLE CHARLES BROWN

link: Stale Session
 
Aarons filed a motion to have Gonzales' case dismissed. He claims witnesses have either disappeared or forgot what happened.

Another motion filed by the state wants the judge to recuse himself. Prosecutors think the judge is biased towards Gonzales.

The district attorney's office said in a statement: "Our office remains ready to proceed to trial on the charges against Mr. Gonzales and awaits a ruling from the court on all outstanding motions."

No hearings to address either of the motions have been scheduled.

Fabian Gonzales claims right to speedy trial has been violated, wants case dismissed
 
Docket update - no court dates set...


Event Date Event Description Event Result Party Type Party # Amount
09/25/2020 NTC: OF NON-AVAILABILITY
AMENDED NOTICE OF NON-AVAILABILITY; TRIAL NOV 30 THROUGH DEC 2020

09/13/2020 RESPONSE D 1
Response to 5th MTN for Order to Show Cause (2 Sep 2020)

09/13/2020 RESPONSE D 1
Response to 6th MTN for Order to Show Cause (filed 9 Sep 2020)

09/11/2020 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION REGARDING PRETRIAL INTERVIEWS AND REQUEST FOR RECONSIDERATION OF THE COURT'S PREVIOUS RULING

09/09/2020 MTN: ORDER TO SHOW CAUSE P 1
State's 6th Motion for Order to Show Cause

09/02/2020 MTN: ORDER TO SHOW CAUSE P 1
STATE'S FIFTH MOTION FOR ORDER TO SHOW CAUSE

09/01/2020 RESPONSE P 1
State's Response to Defendant's Motion to Review Jessica Kelley's Mental Health Records

08/28/2020 MTN: MOTION D 1
MOTION REGARDING PRETRIAL INTERVIEWS

08/26/2020 REQUEST FOR HEARING/ SETTING P 1
REQUEST FOR HEARING ON ALL OUTSTANDING MOTIONS

08/25/2020 NTC: OF NON-AVAILABILITY D 1
S. AARON AND H. DANGLER; 11-30-20 TO DEC 2020; 10-14-20 TO 10-30-20; 9-21-20 TO 10-02-20; OCTOBER 2020

08/25/2020 REQUEST FOR HEARING/ SETTING D 1
Request for Hearing on Speedy Trial Motion

08/19/2020 MTN: MOTION D 1
?MTN to Review Mental Health Records


link: Stale Session
 
Update on docket:

Event Date Event Description Event Result Party Type Party # Amount
10/14/2020 RESPONSE D 1
Defendant's Response to MTN for Trial Setting

10/13/2020 MTN: MOTION P 1
State's Second Motion for Trial Setting

10/02/2020 ORD: ORDER
ORDER DENYING STATE'S MOTION FOR RECUSAL

10/02/2020 ORD: ORDER P 1
ORDER DENYING STATE S MOTION TO RECONSIDER COURT'S ORDER GRANTING DEFENDANT S MOTION TO REVIEW CONDITIONS OF RELEASE AND COURT;S REMOVAL OF THE CONDITION THAT DEFENDANT NOT BE UNSUPREVISED AROUND CHILDREN

link: Stale Session
 
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