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

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
for Monday, 7/18

Ryan Laughlin
@RyanLaughlinKOB
·
15h
DAY FOUR of the #FabianGonzales trial is underway. APD Deputy Commander Kyle Hartsock is on the stand. He’s going over cell phone data collection processes and explaining how they can tell where someone is with cell phone data.

He personally analyzed the phone data from Gonzales, Martens and Kelley.

He created a map to visualize where the Gonzales and Martens had travelled with Google data on their phones. He says Kelley didn't have any Google data on her phone, I believe indicating she had not left the apartment.

Hartsock is now showing the animated map detailing the different cell towers the phones are hitting at different times when the phone receives a call or text.

Hartsock goes over texts to and from Michelle Martens. They are concerning confusion with who is getting Victoria off the bus and another mom texting Michelle, Victoria was trying to contact her. The texts end when they say someone is at Martens apt, we believe that to be Kelley.

Prosecutors are now focusing on the BBQ held for Kelley's return from prison. The state's theory is a fight at this BBQ between Gonzales and another woman was the reason Victoria was killed. They believe it was gang retaliation carried out by an unidentified man.

Texts between Gonzales and Amanda (the woman he fought at the BBQ) Gonzales says he'd beat the *advertiser censored** out of her if she wasn't pregnant. Amanda responds saying how Gonzales hits women, difference is she hits back. Earlier Kelley testified the cut on Gonzales' face was from Amanda.

Hartsock reads the text referenced in openings when Gonzales asks Michelle if she wants to do "a line" (of meth) with "us" (Kelley and Gonzales). Michelle declines. Kelley testified she smoked meth Gonzales.

Hartsock now going over the movements of Michelle and Gonzales on the evening Victoria Martens was killed. They return to the apartment around 8:47pm. Prosecutors ask prior to their arrival if there was any inquiries about Victoria's well being, "definitely not," Hartsock says.

Lunch break. Back at 1:15pm.

We are back from lunch recess. Kyle Hartsock resumes his testimony from the stand where he is meticulously going over cell phone data from Gonzales, Michelle Martens and Kelley still on direct examination from the state.

Hartsock is finished after a brief cross and redirect. Allison Nodes, APD crime scene specialist takes the stand. She says she’s a civilian within APD. She’s talking about DNA collection processes and “body warrants” and says she worked the Victoria Martens case.

Defense on cross puts attention back on Kelley pointing out how angry she was when Nodes examined her. She is excused. Judge takes 10 minute break before the state calls their next witness.

Monica Ramirez-Rivera is called to the stand. She says she was visiting her sister who was neighbor of Michelle Martens. She's recalling seeing a little girl who we are to believe is Victoria Martens.

Monica, on direct, mentioned seeing Victoria getting carried by Jessica Kelley outside the apartment. She says she saw her arm fall out as "limp" and told her sister something seemed wrong.

She describes over hearing an argument between two people (Gonzales and Kelley) and "the male," wanted to continue the argument indoors. She says Kelley wanted to, "figure this out," but Gonzales was adamant about going inside.

Monica says she overhears yelling and banging on the walls at 3am, "it sounded like they were fighting," for about 5-10 minutes. Michelle then stepped outside of the apartment and went downstairs.

Prosecution passes the witness. Defense starts by asking Monica about her federal guilty plea for trafficking drugs into the U.S. She also lives in Mexico.

Defense is trying to question her credibility, saying she had described the fight she witnessed between Gonzales and Kelley differently than she testified today. Monica saying the detectives got it wrong. Prosecution objects, bench conference.

"My memory is a little rusty, it's been a lot of years," Monica says when pressed about discrepancies in her testimony today and a report from 6 years ago.

Monica is excused. Pauline Quintana takes the stand. She lived in 803, another neighbor of Michelle Martens.

Pauline’s daughter, Jessica, takes the stand after her. She says she was 15 at the time of Victoria’s death.

Done for the day. Judge says they’ll bring back this witness starting tomorrow at 9am. We’re breaking down the developments today on @KOB4
starting at 5pm.

link: https://twitter.com/RyanLaughlinKOB
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
Tuesday, July 19th:
*Trial continues (Day 5) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-3) 7/13-7/15/22 reference post #879 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-44

7/18/22 Monday, Trial Day 4: State witnesses: APD Deputy Commander Kyle Hartsock going over cell phone data collection processes & explaining how they can tell where someone is with cell phone data. Allison Nodes, APD crime scene specialist. Monica Ramirez-Rivera. She was visiting her sister who was neighbor of Martens. Pauline Quintana. She lived in 803, another neighbor of Martens. Jessica Quintana, Pauline’s daughter.
for more info see post #881 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-45
Trial continues on 7/19/22.

*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
for 7/19/22:

Ryan Laughlin
@RyanLaughlinKOB
DAY FIVE of #FabianGonzales trial is underway. Another neighbor of Michelle Martens takes the stand this morning. She says, "Michelle was a good mom, as far as I could tell." Live updates below and on @KOB4

She's the second neighbor to describe an eerie, unsettled feeling when Gonzales and Michelle Martens showed up on the day in question. This witness says she was a recent high school graduate at the time of Victoria's death.

She was awaken by her dogs early in the morning, she says her mom went to their apartment door and someone was knocking asking for help. They didn't answer because their porch light went out. She says it was Gonzales looking for help after Kelley attacked Michelle.

She says Gonzales was yelling for someone to, "call the cops, call the cops," saying someone is after us. That someone is believed to be Jessica Kelley. The witness says she saw Michelle exit her apartment with blood on her face.

Defense on cross asks if it looks like Gonzales and Michelle just got out of bed. She says no. Defense points out a previous statement when she said it had looked like they had just got out of bed.

State calls their next witness, Sharlene Benavidez. She is another neighbor. She lived in 408, Michelle Martens lived in 808. She says she knew Victoria better than Michelle because she was always outside, talkative, playing with the neighborhood kids.

She says Victoria helped her walk the dog when she had surgery, helped her carry in the groceries, “she was my little friend.”

Benavidez called 911 after she saw Michelle’s bloodied face and heard her say, “she killed my daughter.”

Benavidez is excused and we’re taking a 10 minute break.

Christina Torres takes the stand. The next door neighbor of Michelle Martens in 806. She says she didn’t know Michelle very well, but she once made her a chicken dinner, so Torres returned the favor by buying her pizza because she’s a terrible cook.

Torres says had been woken up in the middle of night hearing on and off fighting through the walls. She says before the could figure out what was going on the noise dissipated.

Torres is excused. Lunch break. Back at 1:15p.

Back from lunch, the state calls Alicia Aragon. She says she used to date #FabianGonzales. They met on Facebook, dated for about a month.

Aragon says she was in prison with Jessica Kelley. They were acquaintances, not close.

Defense on cross asks Aragon even when Kelley "was smoking meth she seemed normal, didn't she?" Aragon says, "yes, sir." Says she can't imagine Kelley hurting a child.

Defense asks if Gonzales was ever violent, or threatened violence against her. Aragon says, no. Aragon was dating Gonzales at the same time he was dating Michelle Martens, but Aragon was unaware of that at the time.

On re-direct the state establishes that she was in-contact with Gonzales on the days leading up to Victoria's death. She is excused. State calls Victor Rojas-Acevedo.

Rojas says he's married to Christina Torres, the next door neighbor to Michelle Martens, who testified earlier today. He's the 8th neighbor, or person staying with a neighbor, who has testified to this point.

The next witness is Michael Jarvis. He worked for the Office of the Medical Investigator. He was the lead tech on the Victoria Martens case. He said they needed two days to complete the autopsy.

The state goes over all the ways they take precaution not to contaminate the body, sample collections, etc.

Jarvis goes over all the places they took DNA samples from Victoria's body. State passes the witness and defense starts by going over what Victoria was wearing when OMI received her.

Jarvis is excused. Waiting to hear who the state's next witness is.

That ends day five of testimony. The jury has been excused until tomorrow at 9am. The judge is handling some motions ahead of tomorrow. Full coverage of today's events starting at 5 on @KOB4

link: https://twitter.com/RyanLaughlinKOB
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
Wednesday, July 20th:
*Trial continues (Day 6) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-4) 7/13-7/18/22 reference post #881 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-45

7/19/22 Tuesday, Trial Day 5: State witnesses: Neighbor (no name). Sharlene Benavidez, another neighbor. She lived in 408, Martens lived in 808. Christina Torres, next door neighbor of Martens in 806. Alicia Aragon, she used to date Gonzales. They met on Facebook, dated for about a month. Victor Rojas-Acevedo. Michael Jarvis, worked for the Office of the Medical Investigator. He was the lead tech on the Victoria case.
for more info see post #884 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-45
Trial continues on 7/20/22.

*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
for July 20th - Day 6:

Ryan Laughlin
@RyanLaughlinKOB
DAY SIX of the #FabianGonzales trial is getting a late start today. Roslynd Archuleta, a DNA specialist with the state lab, takes the stand. Her testimony will be crucial for the state to convince a jury a 4th unidentified man, seeking retaliation against Gonzales, is the killer.

Archuleta starts by going over qualifications, accreditations and how DNA is cross referenced in certain databases.

Prosecutor: “Can you tell when DNA got on an item?”
Archuleta: “no.”
She says she would not be surprised if she touched her daughter if there would be a small amount of her DNA on her daughter. Setting the framework for the “small amount” of DNA found on Victoria’s body.

Archuleta ran 325 total samples. Prosecutors are now narrowing down the number of samples that are of any consequence to this case. Archuleta says this is largest case she, or the state lab have ever done.

She received 38 “DNA standards” for this case. That’s DNA that’s come from a known person and those 38 “standards” are then measured against every piece of evidence. Now prosecutors are focusing on the knives in this case. “Possibly 12 knives and a knife block.”

Now they are focusing on the human tissue in the hilt of the knife that prosecutors pointed to in openings. The human tissue stuck in the base of knife belongs to Victoria Martens.

Archuleta is now going over items they initially identified as unknown male DNA on. For example, items like the bed sheet they eventually found DNA belonging to Victoria’s brother.

They are methodically going over items, blood stains, etc. and going over what DNA was found and using the process of elimination to determine if there was any unidentified DNA left behind.

Some of the samples are inconclusive because either the “complexity of the mixture” or the amount of the sample. At the onset of the trial prosecutors warned jurors this is a complicated case, we’re seeing why right now.

Here we go. Now onto the DNA swabs from Victoria's autopsy. She says there were 25 swabs from the autopsy, more than typical. Going over difference between wet and dry swabs right now.

Human male DNA was found on Victoria's neck, but it was an insufficient amount to decipher.

Same story on other parts of her body. "Blood was indicated, no semen was detected, human male DNA found but not in sufficient quantity for further DNA testing."

Moving on to Victoria's fingernail clippings, blood indicated, human male DNA was identified, but again... "not in sufficient quantity for further DNA testing."

Archuleta says she wouldn't be surprised if Victoria's DNA overwhelmed the samples considering the amount of blood on the locations where swabs were taken.

To Victoria's upper back: human male DNA was obtained, enough to test, but it was partial so not enough to decipher. "No interpretations or comparisons can be made due to an insufficient quantity of DNA in the sample."

Here it is: A swab from the middle of Victoria's back revealed enough human male DNA to test and eliminate all 38 DNA standards, meaning it did not come from Fabian Gonzales. The "unidentified man," theory born from this DNA swab.

The same partial DNA profile was also located on Victoria's lower back, same story. All 38 DNA profiles they were testing against were eliminated.

Lunch break. Back at 1:15p.

Back from lunch, the state picks up where they left off. Mentioning the orange laundry basket where Victoria's arms and organs were located. They are talking about swabs on the outside of a trash bag, blood indicated, male DNA, insufficient quantity for testing.

A sock that was swabbed for DNA shows Gonzales was likely wearing it, there was also Victoria's blood on the outside of it.

They are now going over swabs for the kitchen sink. In openings prosecutors showed what appeared to be bloody water in the kitchen sink, evidence of the clean up effort. Archuleta says she did not detect blood, prosecutor is asking how and why that would happen.

State passes witness. Defense will begin cross examination shortly.

Defense starts by asking about the other male DNAs Archuleta was testing for. Defense noting how Victoria had a brother and it's not unusual finding low levels of male DNA all over the place.

Defense notes how there was a contamination in this case's evidence. Archuleta says, "yes there was."
Defense saying it's possible that the sock was contaminated. Archuleta retorts, contamination isn't the right word, but it's possible the blood was transferred when the sock...

...was thrown in the laundry basket. Defense noting how "no other item" had both Gonzales' DNA and Victoria's DNA in the same place. Archuleta says that's correct.

On re-direct the state goes back to the male DNA found on Victoria's body. Archuleta clarifies there was male DNA there, but just too little to do anything with. Archuleta is excused and that ends a dense day of testimony. Day seven starts tomorrow at 9a full coverage on @KOB4


link: https://twitter.com/RyanLaughlinKOB
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
Thursday, July 21st:
*Trial continues (Day 7) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-5) 7/13-7/19/22 reference post #885 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-45

7/20/22 Wednesday, Trial Day 6: State witness: Roslynd Archuleta, a DNA specialist with the state lab.
for more info see post #886 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-45
Trial continues on 7/21/22.

*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site
.
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
for Thursday, July 21st:

Ryan Laughlin
@RyanLaughlinKOB
·
15h
DAY SEVEN of the #FabianGonzales trial begins with Christina Servidio taking the stand. She’s employed at a private DNA lab as a senior DNA analyst. Follow this thread or @KOB4
for live updates as we follow the journey for justice for #VictoriaMartens

Prosecutor are highlighting how this private lab uses more sensitive tests to get different results, for example they’d identify a mixture of multiple DNAs whereas other tests would just identify one.

Prosecutors are going over the same evidence presented yesterday with the added layer from Servidio deciphering mixtures of DNAs. Adding the probability of who’s DNA is mixed on certain samples/evidence that the state lab could not decipher.

Servidio saying how some items, like a towel that had DNA mixtures on them, revealed strong probability that Gonzales’ DNA contributed to the DNA mixture. A different story from yesterday when only a sock had Gonzales’ DNA and Victoria’s DNA.

Bad news for Gonzales, especially on the tampering of evidence charge. I suspect his defense to try and cast doubt on this type of testing. State passes defense. Cross examination upcoming.

Defense starts by asking how much the state pays for private lab testing. She says she doesn’t know. Defense says, “it’s been over $100,000, hasn’t it?” Again, Servidio says she’s on the “science side of the house,” and it could have been.

“At least two males on her right hand,” but DNA inconclusive. Defense then moves to Victoria’s blanket. Five male DNA samples on her blanket. Again, inconclusive for comparison.

“At least” four male DNA individuals on Victoria’s red shirt. Again inconclusive. Servidio going over a couple different kind of tests. Defense pointing out how Gonzales was excluded from the red shirt on one of the tests.

Moving to a knife. Defense points out Gonzales was excluded, but Servidio says analysis on the handle was inconclusive. A different knife Gonzales was excluded too.

Defense now moves on to one of the towels where Gonzales appears to be a contributor to the DNA mixture on it. Defense points out the blood stain on it is not conclusive. “We don’t know who’s blood this belongs to,” defense says.

Defense, like they did yesterday with the black sock, is casting doubt on how DNA could have been transferred.
“Yes, secondary transfers could be a possibility,” Servidio says.
Judge says 10 minute break. Defense will resume after.

Back from break, defense starts with extracts from the lower back. Pointing out how the Servidio’s testing is more sensitive than the state’s lab.

Defense pointing out there’s at least 4 males that contributed to this mixture. Defense has, on a couple occasions prior, asked or offered that these DNA contributions could have come from a classmates of Victoria’s from school that sat. Servidio says it’s not enough DNA to test.

“DNA has no time stamp,” is the last words from Servidio as the defense ends their cross examination.

On re-direct state is focusing on the probability of transferring DNA versus secondary DNA transfer. Trying to combat the defense’s line of questioning. Now prosecutors are asking about cleaning, Servidio says cleaning destroys DNA.

Witness is excused. Lunch break. Judge wanted to address the jury before they’re excused. Should be back around 1p with the state’s next witness.

Sgt. Joshua Brown with APD takes the stand following the lunch recess. He was a homicide detective during the time Victoria was killed.

Prosecutors are now playing an audio recording of Brown interviewing Fabian Gonzales. Gonzales is telling Brown what happened the day the cops discovered Victoria's body.

Gonzales starts his story when he and Michelle Martens are attacked by Jessica Kelley with the iron. Gonzales says he tried to protect Michelle and then he tells the detectives he said, "Try to get Victoria." Alluding he was unware she had been dead for hours at this point.

Gonzales describes going to other apartments screaming for help. We've heard these same events described by neighbors at length.

Day seven ends with Sgt. Brown still on the stand. Prosecutors went over recorded interviews with Gonzales at length and defense started cross. I'd assume that's where we pick up tomorrow.


link: https://twitter.com/RyanLaughlinKOB
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
Friday, July 22nd:
*Trial continues (Day 8) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-6) 7/13-7/20/22 reference post #887 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-45

7/21/22 Thursday, Trial Day 7: State witnesses: Christina Servidio. She’s employed at a private DNA lab as a senior DNA analyst. Sgt. Joshua Brown with APD. He was a homicide detective during the time Victoria was killed.
for more info see post #888 (article) & 889 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-45
Trial continues on 7/22/22.

*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
for Friday, July 21st:

Ryan Laughlin
@RyanLaughlinKOB
DAY EIGHT of #FabianGonzales trial picks back up with Sgt. Josh Brown on the stand for cross examination. He was the homicide detective working the Victoria Martens case. Defense starts by questioning interrogation methods and revealing info. to suspects.

“There’s a danger they can parrot back to you your own theories,” the defense says about interjecting info. into interrogations. Brown agrees.

Defense pointing out a key misunderstanding Brown had at the time believing Gonzales and Michelle Martens were there at the time of the murder. Brown agrees.

Defense pointing out, at the time detectives believed there would’ve been screaming at the time of the murder, but Victoria had been dead for 8 hours by the time Jessica Kelley attacked Michelle with the iron. Brown agrees.

Now the defense is going over the crucial part of the interview where detectives try to get Gonzales to admit to helping Kelley dismember Victoria’s body. “Michelle said, you cut an arm off,” defense says. “That’s correct,” Brown responds.

10 minute break as things are getting emotional. Defense is ramping up the tone highlighting the tough interrogation of Gonzales as detectives tried to pin the sexual assault allegations on him that were believed to be true early on in the investigation.

Defense passes witness. On redirect the state starts by saying it sounds like there was some frustration from detectives. Brown agrees. Brown says there were times during the interview with Gonzales timeline didn’t add up. He felt he was omitting things and that was a “red flag.”

Brown finishes with saying it's possible the defendant was trying to minimize his role in the crime that day. Jeffrey Smith is the next witness to take the stand. He works at the forensic science lab in Santa Fe, is expert in "latent print examination."

Smith wraps up his testimony for the day and the judge says that will do it today for testimony. #FabianGonzales trial and #JusticeforVictoriaMartens will continue next week. Full coverage on @KOB4
starting at 5pm.


link: https://twitter.com/RyanLaughlinKOB
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
Monday, July 25th:
*Trial continues (Day 9) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-7) 7/13-7/21/22 reference post #890 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-45

7/14/22 Update: Count 9: tampering with evidence - Dismissed by Prosecutor/Nolle Prosequi.
7/22/22 Friday, Trial Day 8: State witnesses: Sgt. Joshua Brown with APD continues testimony He was a homicide detective during the time Victoria was killed. Jeffrey Smith, works at the forensic science lab in Santa Fe, is expert in "latent print examination."
for more info see post #891 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-45
Trial continues on Monday, 7/25/22.

*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Testified at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 

claudicici

Well-Known Member
Joined
Feb 5, 2009
Messages
3,163
Reaction score
2,209
Website
www.myspace.com
Thank you so much Niner for covering this trial.As much as I would like to see Gonzalez in prison for the rest of his life so far they the prosecution did not convince me Kelley didn't act alone I think she should have never gotten the plea This case is beyond horrible Another beautiful child failed so miserably by absolutely everyone .
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
for Monday, 7/25 - Day 9

Ryan Laughlin
@RyanLaughlinKOB
·
12h
DAY NINE of testimony in the #FabianGonzales trial starts with Harold Sennett, former APD officer taking the stand. The jury is now seeing his body-warn camera footage of what he saw when they found Victoria Martens charred, dismembered remains.

Sennett closes his eyes as he hears his own voice ask if there’s a fire extinguisher here. Victoria was still on fire in the bathtub when they kicked down the door.

Of note, the jury just finished a site visit to the very apartment where Victoria’s body was found this morning. I’d venture a guess and say it’s no accident they are seeing body cam footage of the apartment moments after physically being there.

Sennett says it was his job to secure the last person who was around Victoria. That was Jessica Kelley. She was yelling out in agony after hurting her ankle when she jumped off the balcony trying to flee. Sennett is heard instructing her to walk.

State passes witness. Defense starts by asking about how the call originated, as an aggravated assault, which the the jury knows well as the moment Kelley attacked Michelle Martens and Gonzales with an iron

Jessica Kelley claimed she had been pushed from the balcony that night. Defense asks if there was another man found at the scene. Sennett says no, and he’s excused.

We’re in a lunch recess until 1p. The state has only a couple more witnesses to call and could rest their case soon. The defense has Michelle Martens on their witness list. We’ll wait and see if and when she is called to stand.

Back from lunch, Richard Lewis takes the stand as the state continues to build their case. He says he’s retired now but used to specialize in cold case investigations with emphasis on DNA.

Lewis is going over a phone call Kelley made from the apartment during what was believed to be near the time of Victoria’s murder. He calls the phone call, “very significant.”

Lewis says he went over the entire case with fresh eyes. He wasn’t an initial investigator, but basically worked the entire case over again. He tells a story from another case where an investigator thought he had the wrong guy, when he didn’t…

Says sometimes investigators get too wrapped up they can’t see the full picture. He says there was no evidence to support the initial allegations of sexual assault in this case.

“I started seeing something that I thought uh - there might be somebody else involved,” Lewis said. It appears he is the one who arrived at the “4th unknown suspect” theory. He said the scale of this investigation is unlike anything he’s seen in 40 years of law enforcement.

When asked how long it would take to to go over everything they went over in this investigation, Lewis says, “We’d be here past Christmas.” State focuses on the “highlights” of his investigation.

When asked about dealing with Michelle Martens, Lewis says she’s one of the most difficult person I’ve had to deal with in my career. Defense asks for bench conference.

Lewis says the Michelle Martens interview was one of the most difficult interviews he’s ever done. Said he could convince her that his binder of reports was a unicorn. Says she’s extremely suggestible and she’d offer information to “try and please” him.

Lewis it is their job to figure out why someone is being deceptive. He says it’s often because they are involved in the crime they are investigating, but not always. The focus now squarely on Michelle Martens.

Prosecutors now asking Lewis why he didn't collect DNA from Victoria's classmates, he says there was no indication Victoria was in any wrestling match with kids at school. Lewis says he wouldn't expect DNA transferring to her neck from a normal school day.

Lewis says be believes a male was involved in Victoria's death, because of the of 'Y' DNA found on her hands, fingernails and neck. Remember, it was too small amounts of DNA for further analysis, but enough DNA on her back ruled Gonzales out.

Lewis is asked why someone would methodically cleanup preceding the plan to burn the building down, he said, “it doesn’t seem like part of the plan, it’s part of the panic. Something happened… something happened that causes Jessica Kelley to panic and made really bad decisions.”

The jury has been sent home. Lewis surely will resume tomorrow as he hasn’t been cross examined by the defense. The judge is going over a number of motions about what’s allowed tomorrow. Full coverage on @KOB4
at 5.


link: https://twitter.com/RyanLaughlinKOB
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
Tuesday, July 26th:
*Trial continues (Day 10) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence (1 count dismissed 7/14/22), 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-8) 7/13-7/22/22 reference post #892 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-45

7/25/22 Monday, Trial Day 9: State witnesses: Harold Sennett, former APD officer. Richard Lewis, says he’s retired now but used to specialize in cold case investigations with emphasis on DNA.
for more info see post #894 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-45
Trial continues on 7/26/22.

*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Will testify at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
for Tuesday, July 26th - Day 10


Ryan Laughlin
@RyanLaughlinKOB
DAY TEN of testimony in the #FabianGonzales trial starts with Rebecca Asch-Kendrick on the stand. She’s was the medical investigator who throughly examined Victoria’s body. She describes the postmortem amputations, burns and organ removals. Updates below and on @KOB4

For those wondering, Ret. Detective Lewis is not done testifying. He’s the lead cold case detective that put the narrative together that a 4th unidentified man is responsible for the murder. He has not been cross examined and spox with DA’s office said he’ll likely finish today.

State clarifies all the amputations, organ removal and burns were after Victoria’s death. Small scratches around her neck happened before she died. She was strangled to death. State passes witness to the defense.

Defense starts with the unnerving lack of blood that was found at the scene. Defense asks about a “blunt injury on the top of the skull” and asks if an iron could have been used to make that injury, Asch-Kendrick says it’s possible.

Defense says, “this is a hard question for me, but did she suffer long?” Asch-Kendrick says, “I don’t know.”

Defense asks how long it would take to do something like this to a body, Asch-Kendrick says she can’t say. Defense then alludes that they had their own findings that showed how long it would take, but Asch-Kendrick says she never reviewed those findings.

Defense passes. Jury is excused. State picks up questions about inflammation of the anal cavity that defense raised. State points out it’s consistent with constipation, not sexual assault. Plans to establish that in front of the jury after a 10 minute break.

Retired detective Lewis retakes the stand and the state picks up direct examination. Prosecutors start with the clean up effort and the evidence related to the clean up.

Lewis says there “had to be,” things removed from the apartment. Said the cleanup had to take hours and the destruction of evidence, like in this case, can destroy a case.

Lewis now honing in on what Jessica Kelley said in the moments after police arrived. He recalls Kelley saying there was a 4th person and called the person “Lacote” which Lewis says is Spanish slang for crazy.

It was Lewis’ idea to secretly record Jessica Kelley in her cell as she learned the DA was announcing DNA led them to believing there was a 4th suspect. He says it was opportunity to capture Kelley honestly. He says it sounded like she was “relieved” when she heard the news.

Lewis now building a foundation as to why the jury should believe Jessica Kelley, a self-admitted meth tweaked with a history of lying to law enforcement. He says Kelley could finally tell her family about the 4th suspect after the DA made that announcement.

The state is getting closer to the “significant” phone call Lewis alluded to yesterday. State asks if Lewis would recognize Kelley and her sister on a jailhouse phone call. Defense objects, both sides head back to judge’s chambers to discuss.

After a lengthy closed-door discussion between both sides and the judge, state says we’ll come back to what we were talking about earlier, later. Take that for what you will. It appears the defense may have got a win back there? I don’t know.

State jumps to asking if Lewis ever considered Jessica Kelley could be the sole killer in this case. He says of course. Lewis says he welcomes criticism and criticism is fair. Now state is preparing to play a recorded phone call.

Hard to hear the phone call. State pauses it, Lewis says Jessica’s sister, Krystal, was harassing her and Jessica’s mother was also on the line at the beginning of the call.

State pauses the call, brings attention to Kelley saying she could get 200 years and “that’s my cousin and I love him,” referring to Fabian Gonzales. Kelley sounds like she’s crying on the phone.

State asks if Lewis knew Michelle Martens took a plea in this case, he says yes. State asks if she knew about the 4th person before she took the plea, after refreshing his memory, Lewis says she knew there was a 4th suspect before the plea.

State re-hits on the gaps in time in Gonzales’ testimony and Lewis says that’s when he believes the clean-up happened. State passes the witness. Defense cross examination to begin after lunch at 1:30p.

Defense starts cross with Lewis by bringing up this phone call between Krystal Kelley and Jessica Kelley during the time before Victoria was killed, but while Jessica was inside apartment 808 on the day of the murder.

Defense outlining timeline, showing texts between Gonzales and Michelle Martens and again showing Michelle declined doing “a line,” of meth on the day in-question.

We're done for the day. I'm unsure if Lewis is done testifying, but it appears the state may still have witness/witnesses to call when resume tomorrow.


link: https://twitter.com/RyanLaughlinKOB
 

Niner

Long time Websleuther
Joined
Aug 18, 2003
Messages
72,251
Reaction score
225,940
Wednesday, July 27th:
*Trial continues (Day 11) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – *Fabian Elias Gonzales (33/now 38) (“mom’s” BF) arrested & charged (9/9/16), indicted (9/10/16) & arraigned (9/16/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence (1 count dismissed 7/14/22), 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial began on 7/11/22 with jury selection & ended on 7/12/22. Trial began on 7/13/22. Trial expected to go to 7/27/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-9) 7/13-7/25/22 reference post #895 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-45

7/26/22 Tuesday, Trial Day 10: State witnesses: Rebecca Asch-Kendrick. She’s was the medical investigator who thoroughly examined Victoria’s body. Ret. Detective Richard Lewis, used to specialize in cold case investigations with emphasis on DNA.
for more info see post #896 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-45
Trial continues on 7/27/22.

*Jessica Rosalie Kelley (33/now 38) (cousin of FG) – plead no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Sentenced on 4/28/22 to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years. Testified at Gonzales’ trial.
*Michelle Martens (37/now 41) (“mom”) – plead guilty (6/29/18) to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against Gonzales & will be sentenced after that case is over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site.
 

HistoryNut

Well-Known Member
Joined
Aug 28, 2013
Messages
386
Reaction score
2,261
for Tuesday, July 26th - Day 10


Ryan Laughlin
@RyanLaughlinKOB
DAY TEN of testimony in the #FabianGonzales trial starts with Rebecca Asch-Kendrick on the stand. She’s was the medical investigator who throughly examined Victoria’s body. She describes the postmortem amputations, burns and organ removals. Updates below and on @KOB4

For those wondering, Ret. Detective Lewis is not done testifying. He’s the lead cold case detective that put the narrative together that a 4th unidentified man is responsible for the murder. He has not been cross examined and spox with DA’s office said he’ll likely finish today.

State clarifies all the amputations, organ removal and burns were after Victoria’s death. Small scratches around her neck happened before she died. She was strangled to death. State passes witness to the defense.

Defense starts with the unnerving lack of blood that was found at the scene. Defense asks about a “blunt injury on the top of the skull” and asks if an iron could have been used to make that injury, Asch-Kendrick says it’s possible.

Defense says, “this is a hard question for me, but did she suffer long?” Asch-Kendrick says, “I don’t know.”

Defense asks how long it would take to do something like this to a body, Asch-Kendrick says she can’t say. Defense then alludes that they had their own findings that showed how long it would take, but Asch-Kendrick says she never reviewed those findings.

Defense passes. Jury is excused. State picks up questions about inflammation of the anal cavity that defense raised. State points out it’s consistent with constipation, not sexual assault. Plans to establish that in front of the jury after a 10 minute break.

Retired detective Lewis retakes the stand and the state picks up direct examination. Prosecutors start with the clean up effort and the evidence related to the clean up.

Lewis says there “had to be,” things removed from the apartment. Said the cleanup had to take hours and the destruction of evidence, like in this case, can destroy a case.

Lewis now honing in on what Jessica Kelley said in the moments after police arrived. He recalls Kelley saying there was a 4th person and called the person “Lacote” which Lewis says is Spanish slang for crazy.

It was Lewis’ idea to secretly record Jessica Kelley in her cell as she learned the DA was announcing DNA led them to believing there was a 4th suspect. He says it was opportunity to capture Kelley honestly. He says it sounded like she was “relieved” when she heard the news.

Lewis now building a foundation as to why the jury should believe Jessica Kelley, a self-admitted meth tweaked with a history of lying to law enforcement. He says Kelley could finally tell her family about the 4th suspect after the DA made that announcement.

The state is getting closer to the “significant” phone call Lewis alluded to yesterday. State asks if Lewis would recognize Kelley and her sister on a jailhouse phone call. Defense objects, both sides head back to judge’s chambers to discuss.

After a lengthy closed-door discussion between both sides and the judge, state says we’ll come back to what we were talking about earlier, later. Take that for what you will. It appears the defense may have got a win back there? I don’t know.

State jumps to asking if Lewis ever considered Jessica Kelley could be the sole killer in this case. He says of course. Lewis says he welcomes criticism and criticism is fair. Now state is preparing to play a recorded phone call.

Hard to hear the phone call. State pauses it, Lewis says Jessica’s sister, Krystal, was harassing her and Jessica’s mother was also on the line at the beginning of the call.

State pauses the call, brings attention to Kelley saying she could get 200 years and “that’s my cousin and I love him,” referring to Fabian Gonzales. Kelley sounds like she’s crying on the phone.

State asks if Lewis knew Michelle Martens took a plea in this case, he says yes. State asks if she knew about the 4th person before she took the plea, after refreshing his memory, Lewis says she knew there was a 4th suspect before the plea.

State re-hits on the gaps in time in Gonzales’ testimony and Lewis says that’s when he believes the clean-up happened. State passes the witness. Defense cross examination to begin after lunch at 1:30p.

Defense starts cross with Lewis by bringing up this phone call between Krystal Kelley and Jessica Kelley during the time before Victoria was killed, but while Jessica was inside apartment 808 on the day of the murder.

Defense outlining timeline, showing texts between Gonzales and Michelle Martens and again showing Michelle declined doing “a line,” of meth on the day in-question.

We're done for the day. I'm unsure if Lewis is done testifying, but it appears the state may still have witness/witnesses to call when resume tomorrow.


link: https://twitter.com/RyanLaughlinKOB

I have this awful feeling that Gonzales and Kelley know who the killer is, but are too afraid to identify him. I
 

JerseyGirl

Forum Coordinator
Staff member
Forum Coordinators
Joined
May 15, 2013
Messages
52,024
Reaction score
168,737

After the attorneys were cleared, Gonzales was absent from the courtroom but appeared virtually through audio and video. Gonzales told the judge he was not willing to appear in a virtual format for his trial.

After consulting with the New Mexico Supreme Court, Judge Cindy Leos ruled Gonzales will be able to appear in person. Gonzales will, however, be placed inside of a glass box inside of the courtroom. Gonzales will be double masked and in strict isolation in that box.
 
Top