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

Discussion in 'Trials' started by verbonica, Aug 25, 2016.

  1. cvaldez1975

    cvaldez1975 Well-Known Member

    Messages:
    10,562
    Likes Received:
    10,509
    Trophy Points:
    113
    i heard some inside info on this case but its hearsay. if you scour through comments on news you will find it. it helped me to understand (but not approve of) whats going on.
     
    Mistree likes this.


  2. CHICANA

    CHICANA Well-Known Member

    Messages:
    2,504
    Likes Received:
    136
    Trophy Points:
    63
    I didn't think he ran from police, I thought that was Kelly ? My understanding was that Gonzales & Michelle called the police after being attacked by Kelly.
     
    Niner likes this.
  3. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Event Date Event Description Event Result Party Type Party # Amount
    11/25/2019 ORD: COURT OF APPEALS/SUPREME COURT
    AFFIRMING DISTRICT COURT'S DENIAL OF STATE'S MOTION FOR PRETRIAL DETENTION

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

    link: Stale Session


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

    and boy cvaldez - you are being very cryptic!! LOL!
     
  4. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Here's from the court site stuff that has happened since I last posted on it. No court date yet....

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

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

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

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

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

    12/17/2019 APPEAL SUMMARY CALENDAR

    12/16/2019 MANDATE/AFFIRMED

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

    link: Stale Session
     
    watcher9, Suglo, Jim_M and 1 other person like this.
  5. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Here's what has happened since I last posted the court site info. Still no court date, just filings back & forth....

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

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

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

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

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

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

    link: Stale Session
     
    Luckyzmom, MajorHoople, Jim_M and 3 others like this.
  6. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Since the last update on the docket - not any future court dates....

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

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

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

    link: Stale Session
     
    Jim_M, misgrn and Mouse7528 like this.
  7. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Docket:
    Event Date Event Description Event Result Party Type Party # Amount
    06/18/2020 WITNESS LIST D 1
    Defense Witness List for 23 Jun COR Hearing

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

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

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

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


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

    link: Stale Session
     
    misgrn and Jim_M like this.
  8. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Tuesday, June 23rd:
    *Compliance Hearing (via video/telephonic) (@ 9am MT) – NM – Victoria Martens (10) (Aug. 23, 2016, Albuquerque) – for *Fabian Elias Gonzales (33/now 36) (“mom’s” BF) charged (6/24/16) & indicted (9/10/16) with 1 count of intentional abuse of a child resulting in death, 8 counts of tampering with evidence, 1 count of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
    Court information from 6/30/18 thru 5/10/19 reference post #736 here:
    NM - Victoria Martens, 10, brutally murdered, Albuquerque, 23 Aug 2016 *Arrests*

    11/6/19 Update: Gonzales will be released from jail with no GPS monitoring until trial, Judge Charles Brown ruled Wednesday. However, that trial has not been scheduled. The court is working to determine his terms of release, including who he will stay with once released. At this point there is no form of GPS tracking planned for Gonzales. Pretrial services could change that and order him to wear a tracking device, if they are able to find a place for him to stay.
    11/7/19 Update: Defendant's motion for expedited conditions of release-granted; State's motion for pretrial detention-denied. 12/15/19 Update: Motion for leave to conduct pretrial interviews; 12/16/19: mandate-affirmed; 12/18/19: Court of Appeals/Supreme Court-recalling mandate. 12/23/19 State's response to Defendant's motion for leave to conduct pretrial interviews-to impose sanctions; 12/24/19: Defendant's response to State's motion for sanctions filed. 12/26/19: Defendant's reply in support of motion for leave to conduct pretrial interviews. 2/18/20: Motion to leave to conduct pretrial interviews-granted. 3/17/20: Disclosure: Defense Disclosure of 19 cancelled & demand for speedy trial.
    4/30/20 Update: Defense Motion to Reconsider/Review (conditions of release). 5/8/20: State's response to Defendant's motion.
    6/10/20 Update: Defendant's response to report of non-compliance & defense motions to review conditions of release set for video/telephonic hearing on 6/23/20.
    *Jessica Rosalie Kelley (33) (cousin of FG) – pled no contest (1/7/19) to reckless abuse of a child resulting in death, 3 counts of tampering with evidence, 1 count of aggravated battery & 1 count of conspiracy. Could receive 50 years, with good behavior out in 20 years. Will be sentenced following Gonzales’ trial.
    *Michelle Martens (37) (“mom”) – plead guilty to 1 count of intentional abuse of child resulting in death, with all other charges dropped. Will testify against other 2 & will be sentenced after other cases are over. Faces up to 12-15 years in prison.
     
    watcher9, Suglo, Luckyzmom and 2 others like this.
  9. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    no future hearing dates listed, but docket was updated.

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

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

    link: Stale Session
     
    Suglo, Jim_M and misgrn like this.
  10. Loudestbough

    Loudestbough Active Member

    Messages:
    30
    Likes Received:
    149
    Trophy Points:
    33
    I don't know if you actually saw what the judge said in the hearing, but he started by saying "ACCORDING TO THE EVIDENCE" and thats just it, they don't have a whole lot on FG for this case. If they did, they could keep him in jail. I think he deserves to be under the jail personally, but we have rights according to the US Constitution. The nature of punishment itself violates someone's rights, so if we are going to that, we need to be absolutely certain we are correct in every way.

    I think its a little crazy that the judge allowed him to be around children considering his admissions, but frankly we can't believe a word out of any of their mouths. The ONLY thing that really means anything now is evidence. We have a ton of evidence he is a waste of life, but there isn't a whole lot FOR THIS CASE. You can't put someone on trial for being a tweaker... Also keep in mind who is collecting that evidence. APD doesn't exactly have a great track record, especially with super high profile cases. My opinions only.
     
    Niner likes this.
  11. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    No new court date, but thought I'd post the docket since last time:

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

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

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

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

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

    link: Stale Session
     
    misgrn and Suglo like this.
  12. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    The only update on the court site - no hearing date yet....

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

    link: Stale Session
     
    Suglo and misgrn like this.
  13. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Update on docket, but no next hearing date. Wondering "why" the State wants Judge to recuse himself??

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

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

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

    07/13/2020 MANDATE/AFFIRMED

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

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

    link: Stale Session
     
    Loudestbough and misgrn like this.
  14. Loudestbough

    Loudestbough Active Member

    Messages:
    30
    Likes Received:
    149
    Trophy Points:
    33
    They said on the news the other day that its because they feel the judge is no longer impartial. They are basically accusing the judge of preferential treatment of FG, and want someone else that will put him back in jail instead of grant him privileges to be around his gf's kids (among other things that have not been ruled in the states favor).

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

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Thank you for explanation @Loudestbough re the Judge.

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

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

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

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

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

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

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

    link: Stale Session
     
    Loudestbough and misgrn like this.
  16. JerseyGirl

    JerseyGirl Forum Coordinator Staff Member Forum Coordinators

    Messages:
    41,917
    Likes Received:
    104,695
    Trophy Points:
    113
    Aarons filed a motion to have Gonzales' case dismissed. He claims witnesses have either disappeared or forgot what happened.

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

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

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

    Fabian Gonzales claims right to speedy trial has been violated, wants case dismissed
     
    misgrn, Niner and Loudestbough like this.
  17. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Docket update - no court dates set...


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

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

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

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

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

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

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

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

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

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

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

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


    link: Stale Session
     
    BUF, Loudestbough and misgrn like this.
  18. JerseyGirl

    JerseyGirl Forum Coordinator Staff Member Forum Coordinators

    Messages:
    41,917
    Likes Received:
    104,695
    Trophy Points:
    113
    Loudestbough, BUF and Niner like this.
  19. Niner

    Niner Long time Websleuther

    Messages:
    46,673
    Likes Received:
    123,750
    Trophy Points:
    113
    Update on docket:

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

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

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

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

    link: Stale Session
     
    MajorHoople, misgrn and BUF like this.

Share This Page



  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice