Julindy
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I can't wait for the day those 3 are in jail for the rest of their lives,I would love the DP for them...
GUILTY NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests* *2 guilty*
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Wednesday, Sept. 15th:
*Motions Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22
Court information from 6/30/18 thru 7/13/21 reference post #795 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
7/19/21: Reply to State's response to motion for DNA discovery. Notice of Dr. Miller DNA report. Motions hearing on 8/11/21. 8/11/21 Update: Set motions hearing on 9/15/21.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
*Motions Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22
Court information from 6/30/18 thru 7/13/21 reference post #795 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
7/19/21: Reply to State's response to motion for DNA discovery. Notice of Dr. Miller DNA report. Motions hearing on 8/11/21. 8/11/21 Update: Set motions hearing on 9/15/21.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
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Gonzales - no next court date, just trial date on 1/3/22
Event Date Event Description Event Result Party Type Party # Amount
09/15/2021 ORD: ORDER
ORDER ON MOTION FOR DNA DISCOVERY
09/15/2021 ORD: ORDER D 1
ORDER ON DEFENDANT S MOTION FOR SUPPLEMENTAL INTERVIEWS
09/15/2021 AUDIO LOG NOTES
Crt 420 08:47:57 - 10:09:22; 10:31:38 - 10:46:19; 10:49:11 - 11:30:21
09/07/2021 REPLY D 1
Defense Reply re Motion to Clarify
link: Stale Session
Event Date Event Description Event Result Party Type Party # Amount
09/15/2021 ORD: ORDER
ORDER ON MOTION FOR DNA DISCOVERY
09/15/2021 ORD: ORDER D 1
ORDER ON DEFENDANT S MOTION FOR SUPPLEMENTAL INTERVIEWS
09/15/2021 AUDIO LOG NOTES
Crt 420 08:47:57 - 10:09:22; 10:31:38 - 10:46:19; 10:49:11 - 11:30:21
09/07/2021 REPLY D 1
Defense Reply re Motion to Clarify
link: Stale Session
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Hearings for this Case
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
10/05/2021 9:00 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
09/15/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
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
10/05/2021 9:00 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
09/15/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
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Since my post disappeared from yesterday due to WS glitch - posting it again...
Tuesday, October 5th:
*Motions Hearing (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22.
Court information from 6/30/18 thru 9/15/21 reference post #804 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
9/22/21: Order granting State's Motion to suppress defense witnesses. 9/23/21: Motion to reconsider suppression order. 9/26/21: Brady Notice & defense motion for discovery. 9/27/21: State's motion to exclude non-scientific & speculative testimony of Vince Miller & request for Daubert hearing. 9/28/21: State's response to defendant's motion to reconsider order granting State's motion to suppress defense witnesses. 9/30/21: Defendant's reply re motion to reconsider order to suppress. Added: hearing on 12/8/21, motion hearing on 12/27/21. Motions hearing on 10/5/21.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
Tuesday, October 5th:
*Motions Hearing (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22.
Court information from 6/30/18 thru 9/15/21 reference post #804 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
9/22/21: Order granting State's Motion to suppress defense witnesses. 9/23/21: Motion to reconsider suppression order. 9/26/21: Brady Notice & defense motion for discovery. 9/27/21: State's motion to exclude non-scientific & speculative testimony of Vince Miller & request for Daubert hearing. 9/28/21: State's response to defendant's motion to reconsider order granting State's motion to suppress defense witnesses. 9/30/21: Defendant's reply re motion to reconsider order to suppress. Added: hearing on 12/8/21, motion hearing on 12/27/21. Motions hearing on 10/5/21.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
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for Gonzales:
Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
10/04/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S NOTICE OF BRADY MATERIAL AND MOTION FOR DISCOVERY
10/04/2021 RESPONSE P 1
State's Response to Defendant's Certificate
10/02/2021 MTN: MOTION D 1
Defense Supplement re Motion for PTIs
10/02/2021 MTN: TO RECONSIDER/ REVIEW D 1
Addendum to Motion to Reconsider Order Suppressing Witnesses
09/30/2021 REPLY D 1
Defendant's Reply re Motion to Reconsider Order to Suppress
09/29/2021 ORD: ORDER D 1
ORDER DENYING DEFENDANTS MOTION TO RECONSIDER ORDER GRANTING STATES MOTION TO SUPPRESS DEFENSE WITNESSES
09/28/2021 RESPONSE P 1
STATE'S REPONSE TO DEFENDANT'S MOTION TO RECONSIDER ORDER GRANTING STATE'S MOTION TO SUPPRESS WITNESSES
09/28/2021 NTC: OF NON-AVAILABILITY D 1
NTC: of Non-Availability of Expert Witness
09/27/2021 MTN: MOTION P 1
State's Motion to Exclude Non-Scientific and Speculative Testimony of Vince Miller and Request for Daubert Hearing
09/26/2021 MTN: MOTION D 1
Brady Notice and Defense Motion for Discovery
09/23/2021 MTN: TO RECONSIDER/ REVIEW D 1
Motion to Reconsider Suppression Order
09/22/2021 CERTIFICATE OF COMPLIANCE D 1
Certificate of Compliance re PTIs
09/22/2021 ORD: ORDER
ORDER GRANTING STATES MOTION TO SUPPRESS DEFENSE WITNESSES
09/21/2021 NTC: HEARING (JURY TRIAL)
09/21/2021 NTC: HEARING
09/21/2021 NTC: HEARING
Evidence Review Hearing
09/16/2021 NTC: HEARING (MOTION)
Hearings for this Case
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
12/27/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
12/08/2021 8:30 AM HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
10/05/2021 9:00 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
10/04/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S NOTICE OF BRADY MATERIAL AND MOTION FOR DISCOVERY
10/04/2021 RESPONSE P 1
State's Response to Defendant's Certificate
10/02/2021 MTN: MOTION D 1
Defense Supplement re Motion for PTIs
10/02/2021 MTN: TO RECONSIDER/ REVIEW D 1
Addendum to Motion to Reconsider Order Suppressing Witnesses
09/30/2021 REPLY D 1
Defendant's Reply re Motion to Reconsider Order to Suppress
09/29/2021 ORD: ORDER D 1
ORDER DENYING DEFENDANTS MOTION TO RECONSIDER ORDER GRANTING STATES MOTION TO SUPPRESS DEFENSE WITNESSES
09/28/2021 RESPONSE P 1
STATE'S REPONSE TO DEFENDANT'S MOTION TO RECONSIDER ORDER GRANTING STATE'S MOTION TO SUPPRESS WITNESSES
09/28/2021 NTC: OF NON-AVAILABILITY D 1
NTC: of Non-Availability of Expert Witness
09/27/2021 MTN: MOTION P 1
State's Motion to Exclude Non-Scientific and Speculative Testimony of Vince Miller and Request for Daubert Hearing
09/26/2021 MTN: MOTION D 1
Brady Notice and Defense Motion for Discovery
09/23/2021 MTN: TO RECONSIDER/ REVIEW D 1
Motion to Reconsider Suppression Order
09/22/2021 CERTIFICATE OF COMPLIANCE D 1
Certificate of Compliance re PTIs
09/22/2021 ORD: ORDER
ORDER GRANTING STATES MOTION TO SUPPRESS DEFENSE WITNESSES
09/21/2021 NTC: HEARING (JURY TRIAL)
09/21/2021 NTC: HEARING
09/21/2021 NTC: HEARING
Evidence Review Hearing
09/16/2021 NTC: HEARING (MOTION)
Hearings for this Case
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
12/27/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
12/08/2021 8:30 AM HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
10/05/2021 9:00 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
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The court site is down - so will post this for today - and hopefully it will be back up later today - to make sure this IS happening today.
Wednesday, December 8th:
*Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22
Court information from 6/30/18 thru 9/15/21 reference post #807 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
9/22/21: Order granting State's Motion to suppress defense witnesses. 9/23/21: Motion to reconsider suppression order. 9/26/21: Brady Notice & defense motion for discovery. 9/27/21: State's motion to exclude non-scientific & speculative testimony of Vince Miller & request for Daubert hearing. 9/28/21: State's response to defendant's motion to reconsider order granting State's motion to suppress defense witnesses. 9/30/21: Defendant's reply re motion to reconsider order to suppress. Added: hearing on 12/8/21, motion hearing on 12/27/21. Motions hearing on 10/5/21.
10/2/21: Motion to reconsider/review: addendum to Motion to reconsider Order suppressing witnesses. Defense's supplement re Motion for PTIs. 10/4/21: State's response to defendant's certificate. State's response to defendant's notice of Brady material & motion for discovery. Next hearing on 12/8/21, motions hearing on 12/27/21 & trial on 1/3/22. 10/5/21 Update: Next hearing on 12/8/21 & motions hearing on 12/27/21.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
Wednesday, December 8th:
*Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22
Court information from 6/30/18 thru 9/15/21 reference post #807 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
9/22/21: Order granting State's Motion to suppress defense witnesses. 9/23/21: Motion to reconsider suppression order. 9/26/21: Brady Notice & defense motion for discovery. 9/27/21: State's motion to exclude non-scientific & speculative testimony of Vince Miller & request for Daubert hearing. 9/28/21: State's response to defendant's motion to reconsider order granting State's motion to suppress defense witnesses. 9/30/21: Defendant's reply re motion to reconsider order to suppress. Added: hearing on 12/8/21, motion hearing on 12/27/21. Motions hearing on 10/5/21.
10/2/21: Motion to reconsider/review: addendum to Motion to reconsider Order suppressing witnesses. Defense's supplement re Motion for PTIs. 10/4/21: State's response to defendant's certificate. State's response to defendant's notice of Brady material & motion for discovery. Next hearing on 12/8/21, motions hearing on 12/27/21 & trial on 1/3/22. 10/5/21 Update: Next hearing on 12/8/21 & motions hearing on 12/27/21.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
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Okay - that didn't take long for the court site to come up - a ton of docket updates -
But there still is hearing for today & the only change I can see is the Motions hearing on 12/27 was moved to 12/28.
Event Date Event Description Event Result Party Type Party # Amount
12/06/2021 ORD: ORDER
STANDING DECORUM ORDER
12/06/2021 WITNESS LIST D 1
Amended Defense Witness List
12/02/2021 ORD: TO TRANSPORT
FROM WNMCF TO MDC
11/30/2021 AUDIO LOG NOTES
CR 420 9:07:30 - 10:34:11 ; 10:43:29 - 12:02:59
11/24/2021 REPLY D 1
REPLY IN SUPPORT OF RULE 11-404 MOTION TO EXCLUDE WRONGS OR OTHER ACTS
11/24/2021 REPLY D 1
CORRECTED REPLY TO MOTION TO RECONSIDER ORDER RE MICHELLE MARTENS
11/24/2021 REPLY D 1
REPLY IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE JOHN DOE HEARSAY
11/24/2021 REPLY D 1
Reply re UJI 14-622
11/24/2021 REPLY D 1
Reply re 911 Statements
11/24/2021 REPLY D 1
Defense Reply re Martens Reconsideration
11/24/2021 REPLY D 1
Defense reply re Kelley Plea
11/24/2021 REPLY D 1
Defense Reply Exclude Witnesses
11/24/2021 REPLY D 1
Defense reply re Foulenfont
11/24/2021 REPLY P 1
State's Response to Defendant's Response to State's Motions in Limine
11/24/2021 REPLY P 1
State's Reply to Defendant's Response to State's Seventh Motion for Show Cause Order and Request for Fine
11/24/2021 NTC: NOTICE P 1
State's Notice Regarding Discovery
11/23/2021 REPLY D 1
Defendant's Reply re Proximate Cause
11/22/2021 REPLY D 1
IN SUPPORT OF SPEEDY TRIAL MOTION
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDAT'S DEFENDAT'S SECOND FOULENFONT MOTION RE PROXIMATE CAUSE AND SUPERSEDING MURDER AND MOTION RE UJI 14-622
11/19/2021 RESPONSE D 1
TO SEVENTH MOTION FOR SHOW CAUSE ORDER
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S SECOND SPEEDY TRIAL MOTION
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S RULE 11-404 MOTION TO EXCLUDE WRONGS OR OTHER ACTS
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S CORRECTED MOTION IN LIMINE REGARDING KELLEY PLEA AGREEMENT
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION RE 911 STATEMENTS
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO RECONSIDER ORDER ON DEFENDANT'S MOTION FOR INTERVIEW OF MICHELLE MARTENS
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO EXCLUDE JOHN DOE HEARSAY
11/18/2021 RESPONSE D 1
DEFENDANT'S RESPONSE IN OPPOSITION TO STATE'S MOTIONS IN LIMINE
11/17/2021 NTC: HEARING (MOTION)
AMENDED NOTICE OF MOTION HEARING SET FOR 12/28/21 @ 8:30AM
11/16/2021 ORD: OF CONTINUANCE
TRIAL DATE FOR EXCEPTIONAL CIRCUMSTANCES AND SETTING TRIAL DATE
11/16/2021 ORD: ORDER
ORDER SETTING AMENDED PLEA DEADLINE
11/15/2021 ADDENDUM D 1
Addendum to Second Foulenfont Motion (Exhibit A)
11/15/2021 MTN: ORDER TO SHOW CAUSE P 1
State's Seventh Motion For Show Cause Order And Request For Fine
11/12/2021 MTN: TO DISMISS D 1
2nd Speedy Trial Motion
11/12/2021 MTN: IN LIMINE D 1
CORRECTED Defense Motion re Kelley Plea Agreement
11/12/2021 MTN: TO DISMISS D 1
Defense Motion re Proximate Cause and Superceding Murder
11/12/2021 MTN: TO DISMISS
Second Foulenfont Motion
11/12/2021 MTN: IN LIMINE D 1
Motion re UJI 14-622
11/12/2021 MTN: IN LIMINE D 1
Defense Motion in Limine re 911 Statements
11/12/2021 MTN: IN LIMINE D 1
Defense Motion to Exclude 404(B) Other Acts
11/12/2021 MTN: IN LIMINE P 1
State's Motion in Limine
11/12/2021 AMENDED/MODIFIED P 1
State's Amended Anticipated Trial Witness List
11/11/2021 NTC: NOTICE D 1
Notice re Google Drive Transcripts
11/11/2021 MTN: IN LIMINE D 1
Unopposed Motion in Limine re Jessica Kelley Plea
Docket update:
11/10/2021 MTN: TO RECONSIDER/ REVIEW D 1
MOTION TO RECONSIDER ORDER ON DEFENDANT'S MOTION FOR INTERVIEW OF MICHELLE MARTENS
11/10/2021 MTN: IN LIMINE D 1
Defense Motion to Exclude John Doe Hearsay
11/01/2021 ORD: TO SEAL
SECOND ORDER SEALING JESSICA KELLY RECORDS
10/29/2021 ORD: TO SEAL
ORDER SEALING JESSICA KELLEY RECORDS
10/27/2021 RESPONSE P 1
AMENDED; STATE'S RESPONSE TO DEFENDANTS MOTION TO EXCLUDE PROSECUTION WITNESSES
10/27/2021 AUDIO LOG NOTES
Rm 420 9:00:53 - 11:05:06
10/26/2021 RESPONSE P 1
State's Response to Defendant's Expedited Motion Re DNA Discovery
10/26/2021 RESPONSE D 1
ADDENDUM TO DEFENDAT'S RESPONSE TO DAUBERT MOTION
10/26/2021 MTN: MOTION P 1
State's Motion Regarding Jury Selection
10/26/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION ON SUPPLEMENTAL PRETRIAL INTERVIEWS
10/26/2021 ORD: ORDER
ORDER REGARDING SUPPLEMENTAL QUESTIONNAIRE
10/24/2021 MTN: MOTION D 1
Defense Motion to Exclude Prosecution Witnesses
10/21/2021 REQUEST D 1
Request for Copy of CD/Audio Recording
10/20/2021 REPLY P 1
State's Reply to Defendant's Response in Opposition to State's Daubert Motion
10/19/2021 WITNESS LIST P 1
STATE'S ANTICIPATED TRIAL WITNESS LIST
10/12/2021 RESPONSE D 1
Defendant's Response to Daubert Motion
10/07/2021 MTN: MOTION P 1
STATES MOTION TO CONTINUE DAUBERT HEARING OR IN THE ALTERNATIVE ALLOW FOR STATES WITNESS TO TESTIFY ON AN ALTERNATIVE
10/05/2021 ORD: ORDER
MOTIONS DEADLINE ORDER
10/05/2021 ORD: ORDER
10/05/2021 ORD: ORDER
ORDER REGARDING BRADY DEMAND
10/05/2021 NTC: HEARING (MOTION)
SET FOR 10/27/21
10/05/2021 NTC: HEARING (MOTION)
SET FOR 11/30/21
10/05/2021 ORD: ORDER D 1
FORM ORDER; DEFENSE MOTION FOR SUPPLEMENTAL INTERVIEWS- GRANTED
10/05/2021 AUDIO LOG NOTES
CR RM 420 - 09:01:33 - 10:17:10
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
12/08/2021 8:30 AM HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 602
link: Stale Session
But there still is hearing for today & the only change I can see is the Motions hearing on 12/27 was moved to 12/28.
Event Date Event Description Event Result Party Type Party # Amount
12/06/2021 ORD: ORDER
STANDING DECORUM ORDER
12/06/2021 WITNESS LIST D 1
Amended Defense Witness List
12/02/2021 ORD: TO TRANSPORT
FROM WNMCF TO MDC
11/30/2021 AUDIO LOG NOTES
CR 420 9:07:30 - 10:34:11 ; 10:43:29 - 12:02:59
11/24/2021 REPLY D 1
REPLY IN SUPPORT OF RULE 11-404 MOTION TO EXCLUDE WRONGS OR OTHER ACTS
11/24/2021 REPLY D 1
CORRECTED REPLY TO MOTION TO RECONSIDER ORDER RE MICHELLE MARTENS
11/24/2021 REPLY D 1
REPLY IN SUPPORT OF MOTION IN LIMINE TO EXCLUDE JOHN DOE HEARSAY
11/24/2021 REPLY D 1
Reply re UJI 14-622
11/24/2021 REPLY D 1
Reply re 911 Statements
11/24/2021 REPLY D 1
Defense Reply re Martens Reconsideration
11/24/2021 REPLY D 1
Defense reply re Kelley Plea
11/24/2021 REPLY D 1
Defense Reply Exclude Witnesses
11/24/2021 REPLY D 1
Defense reply re Foulenfont
11/24/2021 REPLY P 1
State's Response to Defendant's Response to State's Motions in Limine
11/24/2021 REPLY P 1
State's Reply to Defendant's Response to State's Seventh Motion for Show Cause Order and Request for Fine
11/24/2021 NTC: NOTICE P 1
State's Notice Regarding Discovery
11/23/2021 REPLY D 1
Defendant's Reply re Proximate Cause
11/22/2021 REPLY D 1
IN SUPPORT OF SPEEDY TRIAL MOTION
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDAT'S DEFENDAT'S SECOND FOULENFONT MOTION RE PROXIMATE CAUSE AND SUPERSEDING MURDER AND MOTION RE UJI 14-622
11/19/2021 RESPONSE D 1
TO SEVENTH MOTION FOR SHOW CAUSE ORDER
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S SECOND SPEEDY TRIAL MOTION
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S RULE 11-404 MOTION TO EXCLUDE WRONGS OR OTHER ACTS
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S CORRECTED MOTION IN LIMINE REGARDING KELLEY PLEA AGREEMENT
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION RE 911 STATEMENTS
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO RECONSIDER ORDER ON DEFENDANT'S MOTION FOR INTERVIEW OF MICHELLE MARTENS
11/19/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO EXCLUDE JOHN DOE HEARSAY
11/18/2021 RESPONSE D 1
DEFENDANT'S RESPONSE IN OPPOSITION TO STATE'S MOTIONS IN LIMINE
11/17/2021 NTC: HEARING (MOTION)
AMENDED NOTICE OF MOTION HEARING SET FOR 12/28/21 @ 8:30AM
11/16/2021 ORD: OF CONTINUANCE
TRIAL DATE FOR EXCEPTIONAL CIRCUMSTANCES AND SETTING TRIAL DATE
11/16/2021 ORD: ORDER
ORDER SETTING AMENDED PLEA DEADLINE
11/15/2021 ADDENDUM D 1
Addendum to Second Foulenfont Motion (Exhibit A)
11/15/2021 MTN: ORDER TO SHOW CAUSE P 1
State's Seventh Motion For Show Cause Order And Request For Fine
11/12/2021 MTN: TO DISMISS D 1
2nd Speedy Trial Motion
11/12/2021 MTN: IN LIMINE D 1
CORRECTED Defense Motion re Kelley Plea Agreement
11/12/2021 MTN: TO DISMISS D 1
Defense Motion re Proximate Cause and Superceding Murder
11/12/2021 MTN: TO DISMISS
Second Foulenfont Motion
11/12/2021 MTN: IN LIMINE D 1
Motion re UJI 14-622
11/12/2021 MTN: IN LIMINE D 1
Defense Motion in Limine re 911 Statements
11/12/2021 MTN: IN LIMINE D 1
Defense Motion to Exclude 404(B) Other Acts
11/12/2021 MTN: IN LIMINE P 1
State's Motion in Limine
11/12/2021 AMENDED/MODIFIED P 1
State's Amended Anticipated Trial Witness List
11/11/2021 NTC: NOTICE D 1
Notice re Google Drive Transcripts
11/11/2021 MTN: IN LIMINE D 1
Unopposed Motion in Limine re Jessica Kelley Plea
Docket update:
11/10/2021 MTN: TO RECONSIDER/ REVIEW D 1
MOTION TO RECONSIDER ORDER ON DEFENDANT'S MOTION FOR INTERVIEW OF MICHELLE MARTENS
11/10/2021 MTN: IN LIMINE D 1
Defense Motion to Exclude John Doe Hearsay
11/01/2021 ORD: TO SEAL
SECOND ORDER SEALING JESSICA KELLY RECORDS
10/29/2021 ORD: TO SEAL
ORDER SEALING JESSICA KELLEY RECORDS
10/27/2021 RESPONSE P 1
AMENDED; STATE'S RESPONSE TO DEFENDANTS MOTION TO EXCLUDE PROSECUTION WITNESSES
10/27/2021 AUDIO LOG NOTES
Rm 420 9:00:53 - 11:05:06
10/26/2021 RESPONSE P 1
State's Response to Defendant's Expedited Motion Re DNA Discovery
10/26/2021 RESPONSE D 1
ADDENDUM TO DEFENDAT'S RESPONSE TO DAUBERT MOTION
10/26/2021 MTN: MOTION P 1
State's Motion Regarding Jury Selection
10/26/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION ON SUPPLEMENTAL PRETRIAL INTERVIEWS
10/26/2021 ORD: ORDER
ORDER REGARDING SUPPLEMENTAL QUESTIONNAIRE
10/24/2021 MTN: MOTION D 1
Defense Motion to Exclude Prosecution Witnesses
10/21/2021 REQUEST D 1
Request for Copy of CD/Audio Recording
10/20/2021 REPLY P 1
State's Reply to Defendant's Response in Opposition to State's Daubert Motion
10/19/2021 WITNESS LIST P 1
STATE'S ANTICIPATED TRIAL WITNESS LIST
10/12/2021 RESPONSE D 1
Defendant's Response to Daubert Motion
10/07/2021 MTN: MOTION P 1
STATES MOTION TO CONTINUE DAUBERT HEARING OR IN THE ALTERNATIVE ALLOW FOR STATES WITNESS TO TESTIFY ON AN ALTERNATIVE
10/05/2021 ORD: ORDER
MOTIONS DEADLINE ORDER
10/05/2021 ORD: ORDER
10/05/2021 ORD: ORDER
ORDER REGARDING BRADY DEMAND
10/05/2021 NTC: HEARING (MOTION)
SET FOR 10/27/21
10/05/2021 NTC: HEARING (MOTION)
SET FOR 11/30/21
10/05/2021 ORD: ORDER D 1
FORM ORDER; DEFENSE MOTION FOR SUPPLEMENTAL INTERVIEWS- GRANTED
10/05/2021 AUDIO LOG NOTES
CR RM 420 - 09:01:33 - 10:17:10
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
12/08/2021 8:30 AM HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 602
link: Stale Session
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No update on docket yet.
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
12/08/2021 8:30 AM HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 602
link: Stale Session
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
12/08/2021 8:30 AM HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 602
link: Stale Session
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Docket update:
Event Date Event Description Event Result Party Type Party # Amount
12/14/2021 NTC: NOTICE D 1
NOTICE OF PRESENTMENT: ORDER DENYING SPEEDY TRIAL MOTION
12/14/2021 NTC: NOTICE D 1
Notice of Presentment: Order Denying Motion to Exclude Witnesses
12/10/2021 ORD: TO SEAL
THIRD ORDER SEALIN JESSICA KELLEY RECORDS; CD RECEIVED AND PLACED IN CD CABINET
12/09/2021 MTN: MOTION D 1
Defense Addendum to MTN to Exclude Prosecution Witnesses
12/09/2021 MTN: IN LIMINE D 1
Defense Addendum to MTN in Limine re Kelley Plea Agreement
12/09/2021 REQUEST FOR COPY OF TAPES/CD/AUDIO D 1
Defense Request for Transcript or CD of 8 Dec Hearing
12/08/2021 AUDIO LOG NOTES
Court Rm 602 8:32:03-11:58:50
12/08/2021 ORD: ORDER P 1
ORDER ON STATE'S MOTION TO EXCLUDE NON-SCIENTIFIC AND SPECULATIVE TESTIMONY OF VINCE MILLER
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
Event Date Event Description Event Result Party Type Party # Amount
12/14/2021 NTC: NOTICE D 1
NOTICE OF PRESENTMENT: ORDER DENYING SPEEDY TRIAL MOTION
12/14/2021 NTC: NOTICE D 1
Notice of Presentment: Order Denying Motion to Exclude Witnesses
12/10/2021 ORD: TO SEAL
THIRD ORDER SEALIN JESSICA KELLEY RECORDS; CD RECEIVED AND PLACED IN CD CABINET
12/09/2021 MTN: MOTION D 1
Defense Addendum to MTN to Exclude Prosecution Witnesses
12/09/2021 MTN: IN LIMINE D 1
Defense Addendum to MTN in Limine re Kelley Plea Agreement
12/09/2021 REQUEST FOR COPY OF TAPES/CD/AUDIO D 1
Defense Request for Transcript or CD of 8 Dec Hearing
12/08/2021 AUDIO LOG NOTES
Court Rm 602 8:32:03-11:58:50
12/08/2021 ORD: ORDER P 1
ORDER ON STATE'S MOTION TO EXCLUDE NON-SCIENTIFIC AND SPECULATIVE TESTIMONY OF VINCE MILLER
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
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Docket Update. HOPING the Motion to dismiss - for ineffective counsel isn't going to go thru.... after 5 years Victoria NEEDS Justice!!
Event Date Event Description Event Result Party Type Party # Amount
12/20/2021 BRIEF P 1
STATE S BRIEF IN SUPPORT OF ADMISSION OF PHONE CALL BETWEEN JESSICA KELLEY AND CRYSTAL KELLEY
12/19/2021 MTN: TO DISMISS D 1
DUE TO INEFFECTIVE ASSISTANCE OF COUNSEL
12/15/2021 ORD: ORDER D 1
PRETRIAL ORDER
12/15/2021 REPLY D 1
TO STATE'S RESPONSE TO DEFENSE ADDENDUM TO MOTION TO EXCLUDE PROSECUTION WITNESSES
12/15/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENSE ADDENDUM TO MOTION TO EXCLUDE PROSECUTION WITNESSES
12/15/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENSE ADDENDUM TO MOTION IN LIMINE REGARDING KELLEY PLEA AGREEMENT
12/15/2021 ORD: ORDER
PRETRIAL ORDER
link: Stale Session
Event Date Event Description Event Result Party Type Party # Amount
12/20/2021 BRIEF P 1
STATE S BRIEF IN SUPPORT OF ADMISSION OF PHONE CALL BETWEEN JESSICA KELLEY AND CRYSTAL KELLEY
12/19/2021 MTN: TO DISMISS D 1
DUE TO INEFFECTIVE ASSISTANCE OF COUNSEL
12/15/2021 ORD: ORDER D 1
PRETRIAL ORDER
12/15/2021 REPLY D 1
TO STATE'S RESPONSE TO DEFENSE ADDENDUM TO MOTION TO EXCLUDE PROSECUTION WITNESSES
12/15/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENSE ADDENDUM TO MOTION TO EXCLUDE PROSECUTION WITNESSES
12/15/2021 RESPONSE P 1
STATE'S RESPONSE TO DEFENSE ADDENDUM TO MOTION IN LIMINE REGARDING KELLEY PLEA AGREEMENT
12/15/2021 ORD: ORDER
PRETRIAL ORDER
link: Stale Session
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It's been awhile since his last hearing - so this is a bit long - I'll shorten it up.
Tuesday, December 28th:
*Motions Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22
Court information from 6/30/18 thru 10/2/21 reference post #809 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
10/5/21: Form Order: Defense motion for supplemental interviews-granted. Order regarding Brady demand. Motions deadline order. 10/7/21: State's motion to continue Daubert hearing or in the alternative allow for State's witness to testify on an alternative. 10/12/21: Defendant's response to Daubert Motion. 10/19/21: State's anticipated trial witness list. 10/20/21: State's reply to defendant's response in Opposition to State's Daubert motion. 10/21: Request for copy of CD/audio recording. 10/24/21: Defense motion to exclude Prosecution witnesses. 10/26/21: Order regarding supplemental questionnaire. State's response to defendant's Motion on Supplemental pretrial interviews. State's motion regarding jury selection. Addendum to defendant‘s response to Daubert Motion. State's response to defendant's expedited motion re DNA discovery. 10/27/21: Amended: State's response to defendant's motion to exclude Prosecution witnesses. 10/29/21: Order sealing Jessica Kelley records.
11/1/21: 2nd Order sealing Jessica Kelley records. 11/10/21: Defense motion to exclude John Doe hearsay. Motion to reconsider Order on defendant's motion for interview of Michelle Martens. 11/11/21: Unopposed Motion in Limine re Jessica Kelley plea. Notice re Google drive transcripts. 11/12/21: State's amended anticipated trial witness list. State's Motion in Limine. Defense motion to exclude 404(B) other acts. Defense Motion in Limine re 911 statements. Motion in Limine re UJI 14-622. 2nd Foulenfont motion (to dismiss) defense motion re proximate cause & superseding murder (to dismiss). Corrected defense motion re Kelley plea agreement. 2nd speedy trial motion (to dismiss). 11/15/21: State's 7th motion for show cause order & request for fine. Addendum to 2nd Foulenfont Motion (Exhibit A). 11/16/21: Order setting amended plea deadline. Order of Continuance: Trial date for exceptional circumstances & setting trial date. 11/17/21: Amended notice of motion hearing set for 12/28/21 @ 8:30am. 11/18/21: Defendant's response in opposition to State's Motions in Limine. 11/19/21: State's response to defendant's Motion to exclude John Doe hearsay. State's response to defendant's motion to reconsider Order on defendant's motion for interview of Michelle Martens. State's response to defendant's motion re 911 statements. State's response to defendant's corrected Motion in Limine regarding Kelley plea agreement. State's response to defendant's Rule 11-404 Motion to Exclude wrongs or other acts. State's response to defendant's 2nd speedy trial motion. Response to 7th motion for show cause order. State's response to defendant's 2nd Foulenfont motion re proximate cause & superseding murder & motion re UJI 14-622. 11/22/21: Reply in support of speedy trial motion. 11/23/21: Defendant's reply re proximate cause. 11/24/21: State's notice regarding Discovery. State's reply to defendant's response to State's 7th motion for show cause Order & request for fine. State's response to defendant's response to State's Motions in Limine. Defense reply re Foulenfont. Defense reply exclude witnesses. defense's reply re Kelley plea. Defense's reply re Martens reconsideration. Reply re 911 statements. Reply re UJI 14-622. Reply in support of Motion in Limine to exclude John Doe hearsay. Corrected reply to motion to reconsider Order re Michelle Martens. Reply in support of Rule 11-404 Motion to exclude wrongs or other acts.
12/1/21: Order to transport from WNMCF to MDC. 12/6/21: Amended defense witness list. Order-Standing decorum Order. Next hearing on 12/8/21 & motion hearing was changed from 12/27 to 12/28/21. Trial is still set to begin on 1/3/22.
12/8/21: Order on State's motion to exclude non-scientific & speculative testimony of Vince Miller. 12/9/21: Defense request for transcript or CD of 12/8/21 hearing. Defense addendum to Motion in Limine re Kelley Plea agreement. 12/10/21: 3rd Order to Seal: Sealing Jessica Kelley records; CD received & placed in CD cabinet. 12/14/21: Notice of presentment: Order denying motion to exclude witnesses. Notice of presentment: Order denying speedy trial motion. 12/15/21: State's response to defense addendum to Motion in Limine regarding Kelley plea agreement. State's response to defense addendum to Motion to Exclude prosecution witnesses. Defense reply to State's response to defense addendum to Motion to Exclude prosecution witnesses. Next motions hearing on 12/28/21.
12/17/21 Update: Attorneys for Gonzales have lost their fight to keep pictures of the blurred & dismembered body of Victoria out of the trial. Gonzales is accused of helping dismember her body. His attorneys argued that around 60 pictures of Victoria’s body were inflammatory, Thursday during a court hearing, both sides went back & forth with prosecutors arguing they are key to proving their tampering with evidence charge saying as hard as it will be for the jury to see the pictures they have to see what was done & who did it. The judge did explain why she is agreeing with the prosecution to allow the pictures. “As Miss Rose pointed out some of the argument that there may be — this happened in a quick point of time; it is a quiet endeavor — this sort of demonstrates how much work was involved in accomplishing this. So I do think it is relevant for that reason,” said the judge. The judge did throw out several of the pictures saying some were repeats & others were not part of the evidence prosecutors were talking about.
12/19/21: Motion to Dismiss: due to ineffective assistance of Counsel filed by defense. 12/20/21: State's brief in support of admission of phone call between Jessica Kelley & Crystal Kelley.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
Tuesday, December 28th:
*Motions Hearing (@ 8:30am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 37) (“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 1/3/22
Court information from 6/30/18 thru 10/2/21 reference post #809 here:
NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*
10/5/21: Form Order: Defense motion for supplemental interviews-granted. Order regarding Brady demand. Motions deadline order. 10/7/21: State's motion to continue Daubert hearing or in the alternative allow for State's witness to testify on an alternative. 10/12/21: Defendant's response to Daubert Motion. 10/19/21: State's anticipated trial witness list. 10/20/21: State's reply to defendant's response in Opposition to State's Daubert motion. 10/21: Request for copy of CD/audio recording. 10/24/21: Defense motion to exclude Prosecution witnesses. 10/26/21: Order regarding supplemental questionnaire. State's response to defendant's Motion on Supplemental pretrial interviews. State's motion regarding jury selection. Addendum to defendant‘s response to Daubert Motion. State's response to defendant's expedited motion re DNA discovery. 10/27/21: Amended: State's response to defendant's motion to exclude Prosecution witnesses. 10/29/21: Order sealing Jessica Kelley records.
11/1/21: 2nd Order sealing Jessica Kelley records. 11/10/21: Defense motion to exclude John Doe hearsay. Motion to reconsider Order on defendant's motion for interview of Michelle Martens. 11/11/21: Unopposed Motion in Limine re Jessica Kelley plea. Notice re Google drive transcripts. 11/12/21: State's amended anticipated trial witness list. State's Motion in Limine. Defense motion to exclude 404(B) other acts. Defense Motion in Limine re 911 statements. Motion in Limine re UJI 14-622. 2nd Foulenfont motion (to dismiss) defense motion re proximate cause & superseding murder (to dismiss). Corrected defense motion re Kelley plea agreement. 2nd speedy trial motion (to dismiss). 11/15/21: State's 7th motion for show cause order & request for fine. Addendum to 2nd Foulenfont Motion (Exhibit A). 11/16/21: Order setting amended plea deadline. Order of Continuance: Trial date for exceptional circumstances & setting trial date. 11/17/21: Amended notice of motion hearing set for 12/28/21 @ 8:30am. 11/18/21: Defendant's response in opposition to State's Motions in Limine. 11/19/21: State's response to defendant's Motion to exclude John Doe hearsay. State's response to defendant's motion to reconsider Order on defendant's motion for interview of Michelle Martens. State's response to defendant's motion re 911 statements. State's response to defendant's corrected Motion in Limine regarding Kelley plea agreement. State's response to defendant's Rule 11-404 Motion to Exclude wrongs or other acts. State's response to defendant's 2nd speedy trial motion. Response to 7th motion for show cause order. State's response to defendant's 2nd Foulenfont motion re proximate cause & superseding murder & motion re UJI 14-622. 11/22/21: Reply in support of speedy trial motion. 11/23/21: Defendant's reply re proximate cause. 11/24/21: State's notice regarding Discovery. State's reply to defendant's response to State's 7th motion for show cause Order & request for fine. State's response to defendant's response to State's Motions in Limine. Defense reply re Foulenfont. Defense reply exclude witnesses. defense's reply re Kelley plea. Defense's reply re Martens reconsideration. Reply re 911 statements. Reply re UJI 14-622. Reply in support of Motion in Limine to exclude John Doe hearsay. Corrected reply to motion to reconsider Order re Michelle Martens. Reply in support of Rule 11-404 Motion to exclude wrongs or other acts.
12/1/21: Order to transport from WNMCF to MDC. 12/6/21: Amended defense witness list. Order-Standing decorum Order. Next hearing on 12/8/21 & motion hearing was changed from 12/27 to 12/28/21. Trial is still set to begin on 1/3/22.
12/8/21: Order on State's motion to exclude non-scientific & speculative testimony of Vince Miller. 12/9/21: Defense request for transcript or CD of 12/8/21 hearing. Defense addendum to Motion in Limine re Kelley Plea agreement. 12/10/21: 3rd Order to Seal: Sealing Jessica Kelley records; CD received & placed in CD cabinet. 12/14/21: Notice of presentment: Order denying motion to exclude witnesses. Notice of presentment: Order denying speedy trial motion. 12/15/21: State's response to defense addendum to Motion in Limine regarding Kelley plea agreement. State's response to defense addendum to Motion to Exclude prosecution witnesses. Defense reply to State's response to defense addendum to Motion to Exclude prosecution witnesses. Next motions hearing on 12/28/21.
12/17/21 Update: Attorneys for Gonzales have lost their fight to keep pictures of the blurred & dismembered body of Victoria out of the trial. Gonzales is accused of helping dismember her body. His attorneys argued that around 60 pictures of Victoria’s body were inflammatory, Thursday during a court hearing, both sides went back & forth with prosecutors arguing they are key to proving their tampering with evidence charge saying as hard as it will be for the jury to see the pictures they have to see what was done & who did it. The judge did explain why she is agreeing with the prosecution to allow the pictures. “As Miss Rose pointed out some of the argument that there may be — this happened in a quick point of time; it is a quiet endeavor — this sort of demonstrates how much work was involved in accomplishing this. So I do think it is relevant for that reason,” said the judge. The judge did throw out several of the pictures saying some were repeats & others were not part of the evidence prosecutors were talking about.
12/19/21: Motion to Dismiss: due to ineffective assistance of Counsel filed by defense. 12/20/21: State's brief in support of admission of phone call between Jessica Kelley & Crystal Kelley.
*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. Sentencing hearing on 2/9/22.
*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. Sentencing hearing on 2/11/22.
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Event Date Event Description Event Result Party Type Party # Amount
12/28/2021 ORD: ORDER
ORDER DENYING DEFENDANT'S SECOND SPEEDY TRIAL MOTION
12/28/2021 ORD: ORDER
ORDER GRANTING STATE'S MOTION FOR CRIME SCENE VISIT
12/28/2021 ORD: ORDER
ORDER DENYING DEFENDANT'S MOTION TO EXCLUDE STATE'S WITNESSES
12/28/2021 ORD: ORDER
ORDER DENYING DEFENDANT'S SECOND FOULENFONT MOTION AND RESERVING RULING ON UJI 14-622
12/28/2021 AUDIO LOG NOTES
Crt 420 08:34:51 - 11:59:52
12/27/2021 RESPONSE P 1
State's Response to Defendant's Motion to Dismiss for Ineffective Assistance of Counsel
12/27/2021 REPLY/ RESPONSE TO MEMORANDUM BRIEF D 1
Defense Response to Brief re Kelley Phone Call
12/27/2021 EXHIBIT LIST D 1
Defense Exhibit List
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
Hopefully the trial is NOT going to change! It's time to get Justice for Victoria!!
12/28/2021 ORD: ORDER
ORDER DENYING DEFENDANT'S SECOND SPEEDY TRIAL MOTION
12/28/2021 ORD: ORDER
ORDER GRANTING STATE'S MOTION FOR CRIME SCENE VISIT
12/28/2021 ORD: ORDER
ORDER DENYING DEFENDANT'S MOTION TO EXCLUDE STATE'S WITNESSES
12/28/2021 ORD: ORDER
ORDER DENYING DEFENDANT'S SECOND FOULENFONT MOTION AND RESERVING RULING ON UJI 14-622
12/28/2021 AUDIO LOG NOTES
Crt 420 08:34:51 - 11:59:52
12/27/2021 RESPONSE P 1
State's Response to Defendant's Motion to Dismiss for Ineffective Assistance of Counsel
12/27/2021 REPLY/ RESPONSE TO MEMORANDUM BRIEF D 1
Defense Response to Brief re Kelley Phone Call
12/27/2021 EXHIBIT LIST D 1
Defense Exhibit List
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 416
12/28/2021 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420
link: Stale Session
Hopefully the trial is NOT going to change! It's time to get Justice for Victoria!!
Last edited:
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thanks for keeping us up to date. Victoria’s justice is long overdue. I hope these animals will be locked up until they are too old to hurt anyone else. MOO
Baciagalupo
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What did happen to the cops who fed a mentally challenged woman horrific and disgusting fantasies they'd imagined as happening to the child, and coerced the mother into falsely confessing to?
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Fabian Gonzales trial delayed due to COVID-19
Gonzales' trial was expected to begin Monday, Jan. 3. However, the district attorney's office said Judge Cindy Leos has reset the trial until summer 2022 because of a COVID exposure. The decision was made during an emergency hearing Thursday.
The date is expected to be finalized in the next coming weeks.
Niner
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well dang....
edited to add: That means that Kelley's & Martens sentencing dates are going to be moved also....
cvaldez1975
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i hope collin and ahmeds case isnt postponed, but prob will be. same judge.