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

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for Wednesday, July 27th - Day 11

Ryan Laughlin
@RyanLaughlinKOB
Welp… DAY ELEVEN has a major hiccup in the #FabianGonzales trial. Gonzales tested positive for COVID with an at-home test. Judge Cindy Leos is determined to keep the trial on track and has instructed close contacts to get a PCR test and return negative results by 1:30p.

Prosecutors had planned to rest their case today. There has been talk of Michelle Martens getting called by the defense today, but Leos says a, “positive PCR changes everything,” referencing the defense attorney.

So the plan is for Stephen Aarons, defense attorney and his defense investigator (who had been sitting next to Gonzales) to get tested at 10a. Pending results, Gonzales will appear virtually for testimony to resume at 1:30p. Stay tuned to @KOB4
for whatever happens next.

Aarons and Moya, the defense team are present after testing negative for COVID. Aarons says Gonzales has a 102 degree fever and if it goes to 103 he’ll have to go to the hospital. Judge Leos going over any issues with going forward while Gonzales is remote.

This is wild. Judge Leos is doing everything she can to keep this trial from getting delayed. She read the direction from the NM Supreme Court that says defendants “shall” be in-person for jury trials. So she got approval to put Gonzales in a “glass box” by himself to continue.

The aforementioned “glass box” that will contain Gonzales inside the courtroom tomorrow. We’re done for today as we plan to pick up testimony tomorrow… if all goes as planned.


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for Thursday, July 28th - Day 12

Ryan Laughlin
@RyanLaughlinKOB
DAY TWELVE will have no #FabianGonzales after all. After testing positive for COVID in the middle of his trial, and using all day yesterday to come with accommodations for him to be here in-person, he waived his right to be here and will attend his trial virtually. @KOB4

Court.jpg

The judge said the “glass box” in the hallway was too heavy to move. However, courthouse staff spent much of the evening last night creating a floor-to-ceiling plexiglass enclosure if Gonzales feels better he can re-join his trial from there.

After a brief line of questioning from the state and defense of Ret. Detective Lewis, the lead investigator who believes he uncovered the truth that an unidentified man killed Victoria, the state rests their case. Defense will get to call witnesses next.

Lewis.jpg

Defense asks for a “directed verdict” where a judge can end things right now by determining the state did not present enough evidence for a jury to find a defendant guilty. Hearing both sides now, focusing mostly on the child abuse charge.

Child abuse charge stays, for now. Now they are arguing about the socks that Gonzales threw away because they were wet because he “ran through the sprinklers.” Defense says that’s not tampering w/evidence and doesn’t want the socks to be part of the argument. State disagrees.

Directed verdict denied. Short break before defense calls first witness. Carry on.

Amanda Padilla, the cousin who fought with Gonzales at the welcome-home-from-prison BBQ for Jessica Kelley, takes the stand virtually for the defense. She’s important because the states theory is the motive for Victoria’s death was retaliation for the fight.

The technical difficulties of a Zoom testimonial in front of an in-person jury ain’t pretty right now. Judge says we’re getting her on the phone while she’s on Zoom to remedy connection issues.

Amanda.jpg

Padilla is on hold. In the meantime Denise de los Santos takes the stand for the defense. She’s another neighbor describing the moment seeing Victoria’s motionless body in Jessica Kelley’s arms outside the apartment. She says it was weird and she thought Victoria was asleep.

Joseph Gonzales, Fabian's big brother takes the stand for the defense. He says he is a correctional officer and is asked if he was ever in a gang. He says no but gang stuff was prevalent and he served in the military.

Defense trying to show Joseph is a stand up guy, asking if he'd lie for his brother, he says no. They ask if he's dangerous, he says no. They ask if he owns guns, he says yes, for hunting and protection. Now defense is getting to the BBQ in question.

Fabian contacted his big brother Joseph about why he got "jumped" at this BBQ. Joseph says he turned his brother down when he asked for him to look into it. Joseph said it was beneath him and he should move on and "forget about it."

Part of what's going on here is the state was trying to show Fabian was worried about future violence and showed his efforts to try and obtain a gun (online searches, etc). Joseph paints another picture, saying he was never asked for his gun and Fabian seemed totally, "fine."

On cross, the state asks about Fabian and Michelle arriving to Joseph's house on the day of the murder. Joseph says Michelle wasn't allowed into his house because he didn't know her.

Things getting a little testy between Joseph Gonzales and the prosecutor Greer Staley. Judge reminds Joseph to stick to responses to specific questions only.

Big brother Gonzales is excused. Lunch break. 1:30p we resume.

Going to try again with Amanda Padilla, #FabianGonzales' cousin. She's again going to try and testify via Zoom.

Padilla describes the fight with Gonzales at the BBQ and says her cousin is all bark and no bite. She throws some water on the idea that someone would kill a 10-yr-old girl for retaliation over a little fight.

Padilla is finished and the defense calls Amanda Wilson to the stand. She has a daughter a year younger than Victoria and they rode the school bus together.

Wilson testifies that Victoria told her nobody was there to pick her up from the bus stop. Wilson helped Victoria call her mom, Michelle Martens. She says Michelle didn't answer as she was carrying Tupperware that had cupcakes in it for her birthday.

Larry Hamilton, another neighbor of Martens, testifies remotely. Defense is asking if anyone has seen any strange men, or out-of-placed cars, trying to cast doubt on this 4th unidentified man theory the state is trying to sell.

Sullivan Scott, another neighbor testifies remotely for the defense. He too goes over what he saw and heard on the night in question.

Roxanne Cordova is the next witness for the defense. She says she goes way back with Jessica Kelley. Defense asks how Kelley interacts with Meth, she says she's "really paranoid."

Defense asks how Kelley is with kids, Cordova says she's great with kids. Defense asks what Kelley told her about the night Victoria died. Cordova says she can't remember.

"I have nothing bad to say about Jessica," Cordova says when the defense ask if she'd not want to say anything to make Jessica Kelley look bad. Strange, considering the defense is trying to convince the jury Kelley is the killer.

Defense says this is their, "last witness before Michelle," indicating tomorrow Victoria Martens mother will finally take the stand before this case goes to the jury.

Jury is excused. Done for the day. Michelle Martens is set to take the stand first thing tomorrow morning followed by closing arguments. Full coverage on @KOB4
starting at 5. See you then.


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Friday, July 29th:
*Trial continues (Day 13) (@ 8:30am 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.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-10) 7/13-7/26/22 reference post #897 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-45

7/27/22 Wednesday, Trial Day 11: Gonzales tested positive for COVID with an at-home test. Judge Cindy Leos is determined to keep the trial on track & has instructed close contacts to get a PCR test & return negative results by 1:30pm. Prosecutors had planned to rest their case today. There has been talk of Michelle Martens getting called by the defense today, but Leos says a, “positive PCR changes everything,” referencing the defense attorney. The Judge read the direction from the NM Supreme Court that says defendants “shall” be in-person for jury trials. So she got approval to put Gonzales in a “glass box” by himself to continue. The aforementioned “glass box” that will contain Gonzales inside the courtroom tomorrow, 7/28/22.
for more info see post #901 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-46

7/28/22 Thursday, Trial Day 12: State witnesses: Ret. Detective Richard Lewis, used to specialize in cold case investigations with emphasis on DNA is back on stand. State rests their case.
Defense asks for a “directed verdict” where a judge can end things right now by determining the state did not present enough evidence for a jury to find a defendant guilty. Hearing both sides now, focusing mostly on the child abuse charge. Child abuse charge stays, for now. Directed verdict denied.
Defense witnesses: Amanda Padilla, the cousin who fought with Gonzales at the welcome-home-from-prison BBQ for Jessica Kelley via Zoom. Have difficulties with video. Denise de los Santos, another neighbor. Joseph Gonzales, Fabian's big brother. Amanda Padilla, back on Zoom. Amanda Wilson, has a daughter a year younger than Victoria & they rode the school bus together. Larry Hamilton, another neighbor of Martens, testified remotely. Sullivan Scott, another neighbor testified remotely. Roxanne Cordova, she goes way back with Jessica Kelley.
for more info see post #902 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-46
Trial continues on 7/29/22.

*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.
 

Conelrad

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oh they sure do. but if they tell, they are a snitch and their time will be hard.
I think Jessica Kelley killed Victoria herself in a psychotic paranoid state. I've always thought this. This "man" who planned to kill Victoria would have no way of knowing to what extent Jessica was high or paranoid or otherwise incapacitated. By all accounts, Jessica was a very tough broad who wasn't afraid of a fight; he would've knocked her out or killed her too. But he supposedly walks in demanding to know where Fabian is, and she just steps out to smoke on the porch while he goes into Victoria's room to kill her? Wouldn't he be scared she was calling the cops or coming in any minute to kick his butt? Like I said, he would have no way of knowing she was too compromised on drugs to do anything; she was tweeking, she wasn't drunk and passed out for instance. And now none of the witnesses who saw Jessica carry Victoria down the stairs can recall a man coming in or out of the apartment before that (when it's obvious people could see the apartment and watched people come and go)? And the cousin at the BBQ is saying the fight was nothing but a bunch of drama and nobody would've gotten killed over it? Not to mention Jessica initially telling cops a "man" threw her from the balcony when it was obvious she just jumped herself? The only reason the prosecution is so gung-ho on this "fourth person" angle is because they gave her a plea deal and they don't want to admit they gave a plea to a murderer just to get an easier conviction of child abuse for Gonzales. Poor Victoria.
 

Mert

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I agree and think there are many reasons that this scenario does not make sense. What would the man get out of killing Victoria? It wouldn’t hurt any of these people using Michelle or may not even hurt Michelle either, considering how she was treating her own flesh and blood.

It’s so horrible to know that not only was beautiful & sweet natured Victoria forgotten at the bus stop, on her birthday, but she was also viciously attacked/killed. This case has left a huge impact on me and I will never forget Victoria. I hate how EVERYONE has failed her. This is a disgrace. ALL OF IT.

*My opinions
 

claudicici

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Yes after this trial I'm more convinced than ever there was no 4th person I have no sympathy for Gonzalez whatsoever but I don't think he was involved either it makes no sense After her testimony I do feel sorry for Michelle she's just simple minded and very weak she was used by these 2 The ultimate victim is Victoria this is one of the cases that will always haunt me but in the end I feel like her mother is a victim too and did not deserve all that time in Prison
 

Conelrad

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I agree and think there are many reasons that this scenario does not make sense. What would the man get out of killing Victoria? It wouldn’t hurt any of these people using Michelle or may not even hurt Michelle either, considering how she was treating her own flesh and blood.

It’s so horrible to know that not only was beautiful & sweet natured Victoria forgotten at the bus stop, on her birthday, but she was also viciously attacked/killed. This case has left a huge impact on me and I will never forget Victoria. I hate how EVERYONE has failed her. This is a disgrace. ALL OF IT.

*My opinions
^^^ Everything you just said. And new details continue to devastate me. I didn't even know Victoria was excited about having a kitten until recent testimony. The neighbor said Victoria went home to get her kitten and never came back.

I remember one of the news stations played a phone conversation Jessica had with her sister the night Victoria was murdered (the sister was in jail at the time so the call was taped). Jessica was babbling about how someone she knew "was God now" and coming after her, and the sister was laughing it off like, "Oh Jessica, haha, you so crazy." Can you imagine this person babysitting a child in that mental state? People testified that Jessica was good with children but nobody said they'd trust her around kids while she was on meth. Plus, people who go around trying to kill other people with irons are not to be trusted, I don't care how the cops paint it.

What I think happened is, the cops messed up in their original assessment of what happened—and they're continuing to mess up. You're right; everyone has failed Victoria.
 

Conelrad

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Yes after this trial I'm more convinced than ever there was no 4th person I have no sympathy for Gonzalez whatsoever but I don't think he was involved either it makes no sense After her testimony I do feel sorry for Michelle she's just simple minded and very weak she was used by these 2 The ultimate victim is Victoria this is one of the cases that will always haunt me but in the end I feel like her mother is a victim too and did not deserve all that time in Prison
I agree with all this too.
 

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I am going to break down this into 3 parts - as they are pretty long.

for Friday, July 29th - Day 13 - Martens testifying.

Ryan Laughlin
@RyanLaughlinKOB
DAY THIRTEEN of the #FabianGonzales trial begins with Michelle Martens on the stand. The mother of #VictoriaMartens, Gonzales’ former girlfriend and likely the last witness before justice in the hands of the jury. Updates here and on @KOB4

Martens.jpg

Some background on Michelle, she took a plea deal for her role in Victoria’s death and part of the deal was she would have to testify in Gonzales’ trial. Of note, prosecutors didn’t call her; the defense did.

She has yet to be sentenced, but is looking at 12-15 years for child abuse recklessly resulting death.

The state’s main witness, Detective Lewis said his interview with Michelle was one of the most difficult of his 40 year career because Michelle is extremely, “suggestible,” and she seemed like she was, “trying please” with her answers.

The defense begins by talking about the psychiatrist the state hired to examine Michelle. Then the defense asks if Michelle was bleeding on the day in question, she says yes and quietly starts to cry.

Michelle describes the moments she was attacked by Jessica Kelley with an iron. Michelle recalls Kelley asking if she believes in God, after Michelle said yes, Kelley said, “then you’re first ,” according to Michelle. She realized it was an iron she was struck with later.

“Have you accepted your daughter’s dead”
“Not fully, no.”
Michelle said she delivered Victoria by herself at home. She was healthy, despite no medical help, which is why Michelle called her my “miracle child.”

Defense asks about how often Victoria showered/bathed. Then asks about her personality, then quickly asking how she looked after Victoria.

Michelle says she thought Gonzales was a good guy. Didn’t know he drank or did drugs. The text she received about “doing a line” was asked about. Michelle declined “doing a line” and says she thought it was cocaine. We know it was meth.

“Was there anything between Fabian and Victoria’s relationship that made you think, I don’t like this.”

“No.”

Now defense is asking about when Jessica Kelley came into her life.

Michelle describes Gonzales demeanor after getting his eye split open at the BBQ. Says he was distant and Victoria told him that she hoped he feels better.

“Either she goes or you both go,” is what Michelle recalls telling Gonzales about him and Kelley staying at her apartment. Michelle says she was afraid Gonzales was going to hit her the night of the BBQ, defense highlights he never did, or even gestured that he would.

Kelley once put makeup on Victoria, Michelle chuckles as she says she made her take it off. Defense showing Kelley didn’t have any ill will toward Victoria.

Michelle describes how Kelley was acting when she was tweaking on meth. She says Kelley thought people in the TV were out to get her. Kelley’s description was she was paranoid and “receiving messages from God” through the TV.

Now the defense is focusing on the day Victoria was killed. Starting in the morning, taking Victoria to the bus stop and Michelle says Kelley started acting “shady” as she was getting near the time she was going to have to move out.

Michelle recalls Victoria doing her homework on the balcony after getting home from school. Michelle says she was ashamed nobody was there for Victoria when she got off the bus.

Michelle says Gonzales convinced her to leave Victoria home with Kelley. He was “part of that conversation” as the defense put it.

Michelle recalls seeing Victoria being held by Kelley when she was wrapped in a blanket outside the apartment. Michelle was “having a good time” as the defense put it, listening to music in the car with Gonzales.

Michelle says she asked Kelley, “where are you going with my daughter and she didn’t answer me.”
Michelle says she thought Victoria was asleep at the time.

Defense asks if Michelle and Gonzales had sex in her room. Michelle says she can’t remember but that could’ve happened. She sensed tension between her and Gonzales. Defense established that stated when Kelley moved in.

Michelle says she had a cigarette before bed, by herself on the balcony. Kelley and Gonzales were in the living room at the time. Michelle says Gonzales came to bed after and she fell asleep “in his lap” and would’ve woken up if he had left.

Now Michelle describes getting attacked by Kelley with the iron. Michelle says she tried to get Victoria’s room and escape with her. She says she got into her room, shut the door and looked everywhere for Victoria.

Michelle takes a deep breathe when the defense says they’re going to show her a picture. They show a picture of Victoria’s closet that is missing a lot of clothes.

“By the way, your daughter is dead,” is what Michelle recalls Kelley saying after she got away from Kelley’s attack. Michelle says she saw Gonzales at first but then can’t recall where Gonzales was, but then says Gonzales was pulling Kelley away from her.

Through tears, Michelle says she didn’t think about going back into the apartment. Defense asks, when did you first know your daughter was dead? Michelle says not until she was in jail. She says, “I was in shock,” and doesn’t recall some neighbor interactions.

Michelle does remember telling police that Kelley killed her daughter. Defense highlighting that Michelle told police there was only Kelley “and the baby” in the apartment.

Defense shows the picture of Michelle bloodied and it the hospital. Asks how many stitches she had, state objects, defense moves on to how well Michelle remembered the events that night.

Defense passes witness after asking if Michelle loved and still loves her daughter. Michelle says, “I do.”

State starts by asking if she had a concussion then establishes Michelle was afraid of both Kelley and Gonzales. Prosecutors highlighting how Gonzales and Kelley hid from Michelle’s parents when they visited and that was different from other boyfriends.

State says previous boyfriend made a pass at Victoria and Michelle kicked him out. After that she became more “vigilant” as the state put it. State asks about how familiar Michelle is with meth. She says she’s not at all. Says she thought a “a line” was cocaine but wasn’t sure.

Michelle says she didn’t know what Kelley was in prison for. Michelle says she was worried about Kelley because she texted a neighbor and wanted them to go over to her house and check things out.

Michelle said she smelled something on Gonzales and he got really mad when she called him on it. She thought she was going to die when he got mad and drove erratically, but Gonzales never threatened her.

Michelle didn’t know Kelley had sex with a man on the couch while Victoria and her son were in their rooms at home.

Prosecutors went over the timeline on the night in question. Hitting the times her phone disconnected to the apartment WiFi and asking why. Prosecutors hit on the fact she took a plea deal in this case then pass the witness. Defense now on redirect.

Michelle Martens is excused. Short break. Defense has no more witnesses and closings will begin soon.

Michelle waved to her parents as she left the courtroom.

link: https://twitter.com/RyanLaughlinKOB



Continued with State's closing arguments.
 

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For Friday, July 29th - Day 13 - State's closing arguments.


Ryan Laughlin
@RyanLaughlinKOB
·
15h
New plan. Early lunch, jury instructions now and closings after lunch recess. Anticipating that to start around noon.

State starts closing by replaying the brutal police body camera footage of responding to Victoria’s still burning body. The state then clarifies the charges and says the jury doesn’t need to agree on who killed Victoria. Saying it could be either Kelley, or an unknown man.

Important to emphasize this is not a murder trial. State paints Gonzales as a shifty, manipulative and is aware Kelley was violent and still orchestrated bringing her into Michelle Martens’ home.

“This was a big deal,” prosecutor says about the BBQ fight and Gonzales’ subsequent search for a gun. They’re going over threatening texts Gonzales sent his cousin Amanda Padilla.

State playing police interview with Gonzales that shows Gonzales knew Kelley wasn’t right in the head the morning before Victoria was killed. We now know she was tweaking on meth.

State hitting the highlights in a chronological order using all the evidence they laid out over the last two and half weeks. Phone records, interviews, texts and soon I suspect DNA.

State plays a recorded phone call between Jessica Kelley and her sister Krystal, where Krystal can identify Jessica is "tweaking" by her "lungs" she says she can hear it in her breathing. Prosecutor restates that Kelley is not well.

Hitting on what Kelley said during her time on the stand, state says it doesn't really matter if you believe her or not. What matters is Gonzales knew Kelley wasn't right and still let Victoria be with her alone.

Now to the DNA, state hits on the significance of male DNA found on her hands, fingernails (even after finding her wet, dismembered arms in a trash bag) and neck. State says it was a lot of male DNA despite that clean up.

Quickly going over ALL the neighbor testimony and asking the question: why didn't neighbors see the John Doe (killer)? It was a busy apartment complex and neighbors had no reason to notice a casual stranger.

Back to 8:45p, Victoria is dead and Kelley carried her outside wrapped in a blanket and a half dozen people witnessed this.

Now state is cherry picking everything Kelley said that supports the story that there was 4th unidentified killer and attacks the assertion Kelley is telling this story for plea deal.

State says Kelley is probably lying to cover up the extent of her involvement, but says she has nothing more to gain by her testimony in this trial. Her deal is done.

State directing the jurors to organize all evidence into two categorizes, what happened before 8p is the child abuse charge, what happened after is the tampering with evidence charge.

State says the only two people that really know what happened is Kelley and Gonzales - so for the truth we look at the evidence. Victoria was not dismembered when she was wrapped in a blanket.

Inside the apartment, knives selected, trash bags grabbed, clothes removed, she's dismembered, organs removed, her body is wiped with baby wipes, carpet is cleaned up, knives are cleaned and put away, laundry is done, convo between Gonzales and Kelley at 1-130a, then the fight.

Phone records show Michelle and the defendant are in and out of the apartment well before the fight and Kelley took their phones.

Next door neighbor hears Gonzales and Kelley arguing between 1a-1:30a. They decide to take their conversation about "what to do" inside so others do not hear.

To Gonzales' socks, one sock had "piece of Victoria's flesh on it" that's found on top of a the garbage bag in the laundry basket with Victoria's arms and organs inside.

Gonzales's prints are on a mop found outside on the balcony, despite Michelle saying she never saw Gonzales help mop the apartment.

A lot of male DNA found on the clean up items. Victoria's blood found on towel in the laundry after it had been washed. Strong likelihood a mixture of DNAs is belonging to Gonzales.

Consider the timing of this load laundry. It happened after Victoria was dead in the middle of the night. "That white towel tells you everything you need to know about Gonzales' involvement." Victoria's blood and Gonzales' DNA.

State shows blurred picture of Victoria's arms in the trash bag, but doesn't blur the bloody wipes, emphasizing she's been cleaned, but still male DNA was found on her.

State plays recording where Gonzales admits to seeing Kelley try to get rid of the body. "Clean up is what made this crime difficult for investigators."

State says they had a plan to cut up the body and get rid of the evidence, but plan went south when Kelley went off the rails. As to why, state has no good reason, but says... she was on meth.

State says Gonzales and Michelle knew Victoria was dead when they left the apartment and one of the reasons why they know that is nobody tried to go back into the apartment.

State now going at Michelle hard. Saying it's probably true Michelle knew a lot later, but both knew Victoria was dead when they left apartment 808.

Gonzales is blaming Kelley, "because of course he's blaming Jessica, they're both blaming each other."

State says nobody sang happy birthday to Victoria, no one gave her a present because she was dead on her 10th birthday. They end asking the jury to find Gonzales guilty. Brief break before the defense starts.


link: https://twitter.com/RyanLaughlinKOB



Continued next post with defense closing...
 

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for Friday, July 29th - Day 13 - Defense closing arguments.


Ryan Laughlin
@RyanLaughlinKOB
·
11h
Defense starts with trying separate emotion and common sense. Says there's an urge to, "flush everyone down the toilet," who's involved in this case. Then moves to how tech and DNA have changed how we arrive to justice in these cases.

Defense says before cell phone towers Gonzales probably would have went down for murder. He says DNA is now being used to confuse things and worried about emotions getting in the way of justice.

"There will never be justice for Victoria," defense says because the state gave Jessica Kelley a plea deal and this case is NOT about who killed Victoria.

Defense on a powerpoint presentation outlines the state's case as:
- Small apartment
- Fabian's bad character
- Physical evidence
- Fabian's Police Statement
- Kelley's Testimony
Outlining the path forward for their closing argument.

Defense casting doubt on the line of thinking: how could anyone in that small apartment not know Kelley was "chopping up the body?" The powerpoint shows, alcohol, sex, two TVs blaring, and Gonzales interrupted the work Kelley was doing secretly.

Defense now coming to Michelle's defense saying she did not know her daughter was dead and say Gonzales was the one who called police because he was "clueless."

On Gonzales' bad character, defense says he did some bad things, but there was no evidence anyone sold drugs to Gonzales. The defense is again portraying Kelley as the nefarious character.

Did Gonzales get high on meth? No. The defense says that's Kelley's cunning way to manipulate the evidence (marijuana pipe) into a different narrative. He says the only indication Gonzales did meth was Kelley's testimony. Lt. Tovar even said only Kelley was under the influence.

Onto the physical evidence the defense says there's female DNA on the body which supports the idea Kelley is responsible, and some of the male DNA ruled Gonzales out. Defense wanting to make some comparison, state objects. Bench conference.

Defense again trying to show how Gonzales is ruled out, state objects again and this time we hear them say that misstates the evidence. Bench conference.

Defense picks up examining DNA swabs the state used to rule out Gonzales and compare it to the "Florida lab" (the state used to better test mixtures). Defense trying to zone in on a specific DNA finding, but state keeps objecting. Another bench conference.

Defense highlighting 4 different male DNAs found on Victoria. Poking holes in the idea that one unknown man is responsible.

"Just normal male DNA for an active 10-year-old, it doesn't mean we have a killer," defense says of the DNA found on Victoria. Now honing in on the fingernails and the amount of DNA found there, showing more female than male. A lot of numbers and nanograms.

Defense now moving to the physical evidence, the towel in the laundry and Gonzales' black sock. Focusing on the tampering with evidence charges. "It was just a random sock," defense says.

To the mop, defense says he has no idea if the mop was wet, or not (the one with Gonzales' finger prints) and says no evidence of DNA on the mop that shows it was used in the clean up.

To Gonzales' police statement, defense asks the jurors if Gonzales' ignorance seems real, or not. Says he's placing the attack with iron with the dismembering because he truly doesn't know much.

An important point, the defense says, is that Gonzales would not pretend he saw Kelley stab Victoria to death and would have given up the unknown man if he actually knew more.

Now to Kelley's testimony, defense going through what she said on the stand. Pointing things missing in the story, missing clothes, lack of blood, inconsistencies about the fight with the iron.

Defense now pointing to the jaw dropping moment when Kelley said on the stand that if she's going down for one murder, she "might as well make it worth it" and kill Gonzales and Michelle. The moment that is hard for the state to rationalize other than she's on meth.

Defense pointing to when Kelley said she wanted to see Michelle's reaction after she told her that her daughter was dead. "That's pretty sick," the defense said.

We’re done for the day. 16 jurors in the room; 4 men, 12 women. Deliberations set to begin at 9a on Monday, 8/1/22. Judge wants Gonzales here in-person when a verdict is delivered.


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Monday, August 1st:
*Trial continues (Day 14)-Jury Deliberations (Day 1) (@ 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 & ended on 7/29/22 with closing arguments. Jury start deliberations on 8/1/22.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-12) 7/13-7/28/22 reference post #903 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-46

7/28/22: Limited waiver of attorney-client privilege.
7/29/22 Friday, Trial Day 13: Defense witnesses: Michelle Martens, Victoria’s “mom”. Defense rests their case.
for more info see post #911 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-46
State’s closing arguments.
for more info see post #912 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-46
Defense’’s closing arguments.
for more info see post #913 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-46
Trial continues on Monday, 8/1/22 with jury deliberations starting at 9am.

*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.
 

Mert

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Guilty! I hope he’s locked up until he’s too old to be a threat to society anymore. May Victoria now Rest In Peace. Fabian Gonzales found guilty on all counts in Victoria Martens trial
Thank you for the news!
Rest in peace, Victoria.

 

Niner

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Here's some more articles & tweets.

for Monday, August 1st - Day 14 / Jury deliberations Day 1


Ryan Laughlin
@RyanLaughlinKOB
·
15h
VERDICT WATCH: Today the jurors begin deliberations in #FabianGonzales’ child abuse and tampering with evidence trial. On Friday, the judge said she wanted Gonzales present when a verdict is read. This is the “glass box” that’s been made to accommodate his COVID infection.

Ryan Laughlin
@RyanLaughlinKOB
·
11h
#BREAKING: GUILTY ON ALL CHARGES: #FabianGonzales has been found guilty of child abuse and multiple tampering of evidence charges. We’re live on @KOB4
right now.


link: https://twitter.com/RyanLaughlinKOB


and a video with DA.




KOB 4
@KOB4
·
7h
After less than four hours of deliberations, a jury found Fabian Gonzales guilty on all nine charges for his role in the August 2016 death of Victoria Martens.

link: https://twitter.com/KOB4


snipped from above article

Gonzales was taken back into custody, where he will await his sentencing hearing in the next few months.
[.....]
The jury ruled Fabian Gonzales was guilty on all nine counts against him.

Child abuse with reckless disregard resulting in the death of a child under the age of 12: This first-degree felony carries a mandatory 18-year sentence under New Mexico law.
Seven counts of tampering with evidence: Each count is a third-degree felony, carrying a three-year sentence. That means a possible 21 years for those charges.
Conspiracy to commit tampering with evidence: This fourth-degree felony holds a one-and-a-half-year sentence.

Gonzales faces a maximum of 40 1/2 years in prison, but ultimately, Judge Cindy Leos does have some leeway with sentencing.



So - no sentencing date yet. I''ll keep an eye out on the court site.
 

HistoryNut

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Here's some more articles & tweets.

for Monday, August 1st - Day 14 / Jury deliberations Day 1


Ryan Laughlin
@RyanLaughlinKOB
·
15h
VERDICT WATCH: Today the jurors begin deliberations in #FabianGonzales’ child abuse and tampering with evidence trial. On Friday, the judge said she wanted Gonzales present when a verdict is read. This is the “glass box” that’s been made to accommodate his COVID infection.

Ryan Laughlin
@RyanLaughlinKOB
·
11h
#BREAKING: GUILTY ON ALL CHARGES: #FabianGonzales has been found guilty of child abuse and multiple tampering of evidence charges. We’re live on @KOB4
right now.


link: https://twitter.com/RyanLaughlinKOB


and a video with DA.




KOB 4
@KOB4
·
7h
After less than four hours of deliberations, a jury found Fabian Gonzales guilty on all nine charges for his role in the August 2016 death of Victoria Martens.

link: https://twitter.com/KOB4


snipped from above article

Gonzales was taken back into custody, where he will await his sentencing hearing in the next few months.
[.....]
The jury ruled Fabian Gonzales was guilty on all nine counts against him.

Child abuse with reckless disregard resulting in the death of a child under the age of 12: This first-degree felony carries a mandatory 18-year sentence under New Mexico law.
Seven counts of tampering with evidence: Each count is a third-degree felony, carrying a three-year sentence. That means a possible 21 years for those charges.
Conspiracy to commit tampering with evidence: This fourth-degree felony holds a one-and-a-half-year sentence.

Gonzales faces a maximum of 40 1/2 years in prison, but ultimately, Judge Cindy Leos does have some leeway with sentencing.



So - no sentencing date yet. I''ll keep an eye out on the court site.
Thanks, Niner, for keeping us posted.
 

Niner

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Docket update - but no sentencing date yet.

Event Date Event Description Event Result Party Type Party # Amount
08/01/2022 ORD: Order Remanding Defendant to Custody
AMENDED; REMAND ORDER; THE DEFENDANT IS REMANDED TO THE METROPOLITAN COUNTY DETENTION CENTER TO BE HELD NO BOND/NO CCP PENDING SENTENCING

08/01/2022 ORD: ORDER
COURT EXHIBIT DOCUMENTING COVID ISOLATION ROOM MADE AVAILABLE TO
DEFENDANT DURING TRIAL

08/01/2022 ORD: Order Remanding Defendant to Custody
REMAND ORDER; THE DEFENDANT IS SENTENCED {SIC} TO THE METROPOLITAN DETENTION CENTER TO BE HELD NO BOND HOLD/NO CCP PENDING SENTENCING

08/01/2022 AUDIO LOG NOTES
Rm 338 8:58:00-9:12:45 / 11:08:37-11:20:36 / 11:57:40-12:00:02 / 12:38:40-12:47:26

link: Stale Session
 

HistoryNut

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I think Jessica Kelley killed Victoria herself in a psychotic paranoid state. I've always thought this. This "man" who planned to kill Victoria would have no way of knowing to what extent Jessica was high or paranoid or otherwise incapacitated. By all accounts, Jessica was a very tough broad who wasn't afraid of a fight; he would've knocked her out or killed her too. But he supposedly walks in demanding to know where Fabian is, and she just steps out to smoke on the porch while he goes into Victoria's room to kill her? Wouldn't he be scared she was calling the cops or coming in any minute to kick his butt? Like I said, he would have no way of knowing she was too compromised on drugs to do anything; she was tweeking, she wasn't drunk and passed out for instance. And now none of the witnesses who saw Jessica carry Victoria down the stairs can recall a man coming in or out of the apartment before that (when it's obvious people could see the apartment and watched people come and go)? And the cousin at the BBQ is saying the fight was nothing but a bunch of drama and nobody would've gotten killed over it? Not to mention Jessica initially telling cops a "man" threw her from the balcony when it was obvious she just jumped herself? The only reason the prosecution is so gung-ho on this "fourth person" angle is because they gave her a plea deal and they don't want to admit they gave a plea to a murderer just to get an easier conviction of child abuse for Gonzales. Poor Victoria.
I completely agree and believe that the ABQ police made a plea deal with the devil. Jessica is certainly capable of murder. She admitted that she was going to kill Jessica and Fabian. She also admitted she was completely tweaked on drugs. I'd like to know why it took her two years to talk about the 4th man, the alleged killer. That said, I believe that Gonzales helped her "clean up the mess" and deserves a life sentence.
 
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