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

[cvaldez1975]

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 agree w a lot of what you said but i know some stuff but its unverified so cant be discussed here.

 

[Niner]

Docket Update:
Event Date Event Description Event Result Party Type Party # Amount
08/03/2022 NTC: HEARING (PRESENTMENT)
SET FOR 8/18/2022 AT 8:30 AM

08/03/2022 EXHIBIT RECEIPT

08/02/2022 MISCELLANEOUS ENTRY
UNSIGNED VERDICT FORMS

08/02/2022 RECORD OF TRIAL

08/02/2022 JURY INSTRUCTIONS

08/02/2022 SPECIAL VERDICT
AS TO COUNT 8

08/02/2022 SPECIAL VERDICT
AS TO COUNT 7

08/02/2022 SPECIAL VERDICT
AS TO COUNT 6- DUPLICATE

08/02/2022 SPECIAL VERDICT
AS TO COUNT 6- DUPLICATE

08/02/2022 SPECIAL VERDICT
AS TO COUNT 6

08/02/2022 SPECIAL VERDICT
AS TO COUNT 5

08/02/2022 SPECIAL VERDICT
AS TO COUNT 4

08/02/2022 SPECIAL VERDICT
AS TO COUNT 3

08/02/2022 SPECIAL VERDICT
AS TO COUNT 2

08/02/2022 VERDICT GUILTY
COUNT 9

08/02/2022 VERDICT GUILTY
COUNT 8

08/02/2022 VERDICT GUILTY
COUNT 7

08/02/2022 VERDICT GUILTY
COUNT 6

08/02/2022 VERDICT GUILTY
COUNT 5

08/02/2022 VERDICT GUILTY
COUNT 4

08/02/2022 VERDICT GUILTY
COUNT 3

08/02/2022 VERDICT GUILTY
COUNT 2

08/02/2022 VERDICT GUILTY
COUNT 1

08/02/2022 WAR: BOOKING NOTICE D 1
REMANDED TO MDC; HOLD PENDING SENTENCING; NO BOND/NO CCP


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
08/18/2022 8:30 AM PRESENTMENT HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

08/01/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 338

link: Stale Session


Never heard of a Presentment hearing - so looked it up.

A presentment hearing is a hearing where an unresolved issue is addressed by the presiding judge. Common reasons for a presentment hearing in Albuquerque include: One party refuses to sign a court order; or. One party has an issue with a court order resulting from a hearing.

 

[cvaldez1975]

Fabian Gonzales Trial: A closer look at the fourth suspect theory

Prosecutors said Victoria Martens' murder case is still open with the Albuquerque Police Department.

www.kob.com

 

[Niner]

Thursday, August 18th:
*Presentment Hearing (@ 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 & ended on 7/29/22 with closing arguments. Jury start deliberations on 8/1/22. After 4 hours of deliberations Gonzales found guilty of all 9 charges.
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
8/1/22 Friday, Trial Day 14/Jury Deliberations Day 1: After less than four hours of deliberations, a jury found Gonzales guilty on all nine charges.
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. No sentencing date as of yet.
for more info see post #915 to 917 here:
https://www.websleuths.com/forums/t...e-23-aug-2016-arrests-2-guilty.315539/page-46
8/1/22 Update; remand order; the defendant is sentenced to the Metropolitan Detention Center, to be held, no bond. Hold/No CCP pending sentencing. Court exhibit documenting COVID isolation room made available to defendant during trial. Order: Remanding defendant to custody.
8/2/22 Update: Remanded to MDC; on hold pending sentencing; no bond/no CCP. Next presentment hearing on 8/18/22. A presentment hearing is a hearing where an unresolved issue is addressed by the presiding judge. Common reasons for a presentment hearing in Albuquerque include: One party refuses to sign a court order; or. One party has an issue with a court order resulting from a hearing.
8/4/22: Motion/application for free process. Unopposed Motion for free process. Unopposed motion to extend time to file Motion for new trial. 8/5/22: Order granting free process on appeal. Order extending deadline to file motion for new trial. 8/8/22: Juror questionnaire privacy & destruction certification. 8/12/22: Request for copy of audio-recording.
*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. No update as of 8/18.

 

[Niner]

Finally some updates!

Gonzales Update:

Docket:
Event Date Event Description Event Result Party Type Party # Amount
08/22/2022 NTC: Hearing (Sentencing)

08/18/2022 ORD: TO SEAL
ORDER SEALING EXHIBITS


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
10/27/2022 10:00 AM SENTENCING HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

08/18/2022 8:30 AM PRESENTMENT HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Stale Session


Martens update:

Event Date Event Description Event Result Party Type Party # Amount
08/22/2022 NTC: Hearing (Sentencing)

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
10/27/2022 8:30 AM SENTENCING HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Caselookup - Disclaimer

 

[Niner]

Docket update:

Martens:

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
10/24/2022 NTC: Hearing (Sentencing)

10/24/2022 ORD: OF CONTINUANCE
STIPULATED ORDER GRANTING MOTION FOR RESETTING

10/24/2022 MTN: MOTION D 1
Amended Motion for Resetting

10/21/2022 MTN: FOR CONTINUANCE D 1
MOTION FOR RESETTING


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
11/10/2022 10:00 AM SENTENCING HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT

link: Caselookup - Disclaimer

 

[Niner]

Thursday, October 27th:
*Sentencing Hearing (@ 10am 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 & after less than 4 hours of deliberations found Gonzales guilty on all nine charges.
Court information from 6/30/18 thru 7/7/22 & Jury Selection (Day 1-2) 7/11 & 7/12/22 & Trial (Day 1-14) 7/13-8/1/22 reference post #924 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-47
8/2/22 Update: Remanded to MDC; on hold pending sentencing; no bond/no CCP. Next presentment hearing on 8/18/22. A presentment hearing is a hearing where an unresolved issue is addressed by the presiding judge. Common reasons for a presentment hearing in Albuquerque include: One party refuses to sign a court order; or. One party has an issue with a court order resulting from a hearing.
8/4/22: Motion/application for free process. Unopposed Motion for free process. Unopposed motion to extend time to file Motion for new trial. 8/5/22: Order granting free process on appeal. Order extending deadline to file motion for new trial. 8/8/22: Juror questionnaire privacy & destruction certification. 8/12/22: Request for copy of audio-recording.
8/18/22 Update: 8/18/22 Update: Order sealing exhibits. 8/18/22 Update: Sentencing hearing on 10/27/22.
*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 42) (“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 & rescheduled on 10/27/22 was continued on 11/10/22.

 

[Niner]

Fabian Gonzales sentenced to 37.5 years for role in Victoria Martens death

ALBUQUERQUE, N.M. (KRQE) – Fabian Gonzales has been sentenced to 37.5 years behind bars, the maximum sentence, for his role in the death of Victoria Martens. The sentence came after an emotion…

www.krqe.com

Oct. 27, 2022
ALBUQUERQUE, N.M. (KRQE) – Fabian Gonzales has been sentenced to 37.5 years behind bars, the maximum sentence, for his role in the death of Victoria Martens. The sentence came after an emotional day in court and eight years after the crime.

The sentence, 37.5 years, is for allowing Victoria’s death to happen, dismembering the body, and trying to cover up the crime. But, with good time, Gonzales might only have to serve half of that sentence.
[.....]
Thursday, Judge Cindy Leos ruled that two of the tampering charges might present double jeopardy, so she combined those into one sentence to avoid legal issues, which resulted in 37.5 years. With good time and nearly four years of credit time served, Gonzales could be out in 17 years.
[.....]
Thursday morning in court, the state asked Judge Cindy Leos to classify the child abuse charge as a serious violent offense saying without Fabian, Victoria would still be alive today. That destination would ensure that he has to serve at least 85% of that sentence instead of 50%.


Judge Cindy Leos also felt the state failed to meet the burden of proof that Gonzales acted violently, pointing to the fact that he was not in the apartment at the time of the murder.
[.....]
Gonzales’s attorney argued that he has turned his life around and deserved a lesser sentence. They also asked that he get credit for time served while on an ankle monitor. However, the judge denied that request. Judge Cindy Leos said his life on that monitor was not restrictive enough to meet the pre-sentence confinement requirement.

 

[Niner]

Martens was supposed to be sentenced yesterday also, but her sentencing date was changed to 11/10/22.

 

[Niner]

Martens:

Just a docket update - sentencing date stays the same.

Event Date Event Description Event Result Party Type Party # Amount
11/08/2022 ORD: ORDER
ORDER GRANTING MOTION FOR VIRTUAL SETTING

11/07/2022 MTN: MOTION P 1
Motion for Virtual Setting

link: Caselookup - Disclaimer

 

[Niner]

The last of the defendants to be sentenced...


Thursday, November 10th:
*Sentencing Hearing-Virtual (@ 10am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) - for *Michelle Martens (37/now 43) (“mom”) charged (6/24/16) & indicted (9/10/16) with 1st degree murder, intentional abuse of a child resulting in death, kidnapping & tampering with evidence. Plead not guilty. $1.5M cash only bond.
6/29/18 Update: plead guilty to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against other 2 & will be sentenced after other cases are over.
2/8/21: Judge recusal. Notice of Judge assignment. Judge Montano recused reassigned to Judge Baca-Miller. 2/16/21: Notice of Judge assignment. Judge Baca-Miller recused reassigned by court order to Judge Cindy Leos. 4/12/21: Notice of sentencing hearing.
5/25/21: Notice of status hearing on 6/30/21. 6/30/21 Update: Status conference hearing on 7/1/21. 7/1/21 Update: Sentencing hearing on 2/11/22. 2/5/22 Update: Court site has taken off the sentencing date of 2/11/22.
8/24/22 Update: Sentencing hearing on 10/27/22. 10/21/22: Motion for continuance of sentencing. Stipulated Order granting motion for continuance. Sentencing hearing is now set on 11/10/22. 11/7/22: Motion for virtual setting. 11/8/22: Order: Granting motion for virtual setting.
*Jessica Rosalie Kelley (33/now 39) (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. Sentencing hearing on 4/28/22 to 50 years in prison with 6 years suspended.
*Fabian Elias Gonzales (33/now 39) (“mom’s” BF) – 8/1/22 Found guilty of all charges. Sentenced on 10/27/22 to 37 ½ years in prison.

 

[Niner]

Mother gets 12 years in Victoria Martens' death

Strangulation and dismemberment of girl, 10, shocked the community in 2016

www.abqjournal.com

Nov. 10, 2022

A judge on Thursday sentenced Michelle Martens to 12 years in prison for her role in the strangulation and dismemberment of her 10-year-old daughter, Victoria Martens, marking the last of three co-defendants put behind bars in the girl’s 2016 death.


Martens, 41, has served more than six years at the Metropolitan Detention Center and will receive credit for 2,270 days of pre-sentence confinement toward her 12-year prison sentence. She also is eligible to receive good-time credit that could cut in half her remaining sentence.


Martens appeared to show little emotion Thursday and chose not to speak at her sentencing hearing, which she attended remotely from jail.
[.....]
Fabian Gonzales, 38, Martens’ former boyfriend and co-defendant, was sentenced just two weeks ago to 37½ years in prison after jurors found him guilty of child abuse resulting in death, seven counts of tampering with evidence and conspiracy for his role in Victoria’s killing.
[.....]
Kelley, 37, pleaded no contest in 2019 to six felony charges, including reckless child abuse resulting in death and other charges in Victoria’s death. She was sentenced in April to 44 years in prison.


Justice for Victoria...

 

[cvaldez1975]

travesty. the whole story never came out on this one.

 

[PawneeDew]

travesty. the whole story never came out on this one.

Absolute travesty...
So, nothing ever came of a fourth suspect? They have DNA, tho...If the unknown suspect had ever been in prison, Hopefully their DNA would be on file...Jesus. I don't even want to think about a monster like that walking around free.

 

[Peppery]

12 years. With "good behavior", she Will serve less time than her daughter was alive.

 

[Mert]

Thinking of beautiful and sweet Victoria today. I will never forget her.