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

[Niner]

Gonzales - docket update. No court hearing posted just trial next on 7/11/22.

Event Date Event Description Event Result Party Type Party # Amount
05/12/2022 ORD: ORDER
ORDER ON DEFENDANT'S MOTION IN LIMINE ON RULE OF COMPLETENESS

05/12/2022 ORD: ORDER
ORDER ON DEFENDANT'S MOTION TO CLARIFY DNA ORDER

link: Stale Session

 

[Niner]

Just a docket update.

Event Date Event Description Event Result Party Type Party # Amount
05/14/2022 REPLY D 1
CORRECTED DEFENDANT'S REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER RE CS

link: Stale Session

 

[Niner]

Wondering "when" Victoria's mother is going to be sentenced. She did plead guilty, but nothing on Disposition of case. As far as I know she has not been sentenced yet.

 

[Niner]

Gonzales - just a docket update.

Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
05/19/2022 ORD: TO SEAL
SEALED ORDER ON STATE'S REQUEST FOR SANCTIONS

link: Stale Session

 

[Niner]

Just an update on docket for Gonzales. Nothing new on Martens. As far as I know she has not been sentenced yet. If anyone finds something different - please let me know!


Event Date Event Description Event Result Party Type Party # Amount
06/09/2022 SEALED DOCUMENT

06/08/2022 MTN: MOTION TO AMEND/ MODIFY D 1
Motion to Amend Statement of Facts

06/07/2022 MTN: MOTION P 1
STATE'S MOTION FOR DEFENSE TO PAY DISPOSITION COSTS

link: Stale Session

 

[Niner]

Gonzales:

Docket update:
Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
06/16/2022 NTC: HEARING (MOTION)
SET 06/22/2022 @ 8:30 AM

06/15/2022 MTN: MOTION D 1
Addendum to Motion for Material Witness Warrant: Monica Ramirez

06/14/2022 MTN: MOTION D 1
MOTION FOR ARREST OF MATERIAL WITNESS IN PENDING CRIMINAL CASE: MARCOS ROMERO

06/14/2022 MTN: MOTION D 1
MOTION FOR ARREST OF MATERIAL WITNESS IN PENDING CRIMINAL CASE: MONICA RAMIREZ-RIVEREZ

06/14/2022 MTN: MOTION D 1
MOTION FOR ARREST OF MATERIAL WITNESS IN PENDING CRIMINAL CASE: AMANDA PADILLA

06/14/2022 MTN: MOTION D 1
MOTION FOR ARREST OF MATERIAL WITNESS IN PENDING CRIMINAL CASE: TOSHA MILLER

06/14/2022 MTN: MOTION D 1
MOTION FOR ARREST OF MATERIAL WITNESS IN PENDING CRIMINAL CASE: DENISE DE LOS SANTOS

06/14/2022 MTN: MOTION D 1
MOTION FOR ARREST OF MATERIAL WITNESS IN PENDING CRIMINAL CASE: ALICIA ARAGON

06/14/2022 MTN: MOTION D 1
UNOPPOSED MOTION TO TAKE JUDICIAL NOTICE OF SUNSET


Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
07/11/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/22/2022 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT

link: Stale Session

 

[Niner]

Wednesday, June 22nd:
*Motions 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 of intentional child abuse & 1 count of conspiracy to commit intentional child abuse & 1 count of conspiracy to commit tampering with evidence. Plead not guilty. $1M cash only bond.
Trial set to begin on 7/11/22.
Court information from 6/30/18 thru 4/29/22 reference post #838 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-42
5/5/22: State's response to defendant's Motion to clarify DNA Order. Notice of objection to limiting instruction. Next motions & presentment hearings on 5/11/22. 5/11/22 Update: Stipulated Order regarding electric iron. 5/12/22: Order on defendant's Motion to reconsider; order on defendant's Motion for protective order for C.S. 5/12/22: Order on Defendant's motion to clarify DNA order. Order on defendant's Motion in Limine on Rule of completeness. 5/14/22: Corrected defendant‘s reply in support of motion for protective order re CS.
5/19/22: Sealed Order on State's request for sanctions. 6/7/22: State' motion for defense to pay disposition costs. 6/8/22: Motion to Amend statement of facts. 6/9/22: Sealed document. 6/14/22: Unoppsed Motion to take judicial notice of Sunset. Motion for arrest of material witness inpending criminal case: Alicia Aragon, Denise De Los Santos, Tosha Miller, Amanda Padilla, Monica Ramirez-Riverez & Marcos Romero. 6/15/22: Addendum to motion for material witness warrant: Monica Ramirez. Motions hearing on 6/22/22.
*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. Could receive 50 years, with good behavior out in 20 years. Will be sentenced following Gonzales’ trial. Sentencing hearing on 4/28/22. Sentenced to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years.
*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 other 2 & will be sentenced after other cases are over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site. No update 6/22/22

 

[Niner]

The only update for Gonzales in the court site. It shows trial date next, but I'll keep my eye out for another hearing, if there will be another one before trial.


Event Date Event Description Event Result Party Type Party # Amount
06/21/2022 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION TO AMEND STATEMENT OF FACTS

link: Stale Session

 

[Niner]

Still show trial as next.

Docket update:

Event Date Event Description Event Result Party Type Party # Amount
06/22/2022 AUDIO LOG NOTES
Court Rm 420 8:42:42-10:31:32 / 10:38:02-12:02:43

06/21/2022 OBJECTION/OPPOSITION D 1
Notice of Defense Objection to Adverse Inference Instruction

06/21/2022 RESPONSE D 1
TO STATE'S FOR DEFENSE TO PAY DEPOSITION COSTS

06/21/2022 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION FOR MATERIAL WITNESS WARRANTS

06/21/2022 NTC: NOTICE D 1
Notice of Correction to Motion to Reconsider filed 29 Mar 2022

link: Stale Session



had to look this one up - to what the defense objected to.

“Adverse-inference instructions were developed on the premise that a party's intentional loss or destruction of evidence to prevent its use in litigation gives rise to a reasonable inference that the evidence was unfavorable to the party responsible for loss or destruction of the evidence.

 

[Niner]

This is a long one... docket updated, but still has trial next.

Event Date Event Description Event Result Party Type Party # Amount
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Lisa Wilson
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Amanda Wilson
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Wells
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Tovar
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Randy Torres
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Christina Torres
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Smith
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Shook
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Sennet
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Sullivan Scott
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Racheal Scott
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Rentas
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Rael
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Pauline Quintana
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Jessica Quintana
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Pezzano
06/27/2022 SUBPOENA RETURNED
Subpoena Return Sabrina Padilla
06/27/2022 SUBPOENA RETURNED
Subpoena Return Amanda Padilla
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Nodes
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Moya
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Vincent Miller
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Michelle Martens
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Patricia Martens
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Lewis
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Laskar
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Landavazzo
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Hartsock
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Hamilton
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Joseph Gonzales
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Gonterman
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Garcia
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Enyart
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Drake
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return de Herrera
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Collins
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Church
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Chavez
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Cain
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Brown
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Bitah
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Benavidez
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Beck
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Barela
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Asch
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Armijo
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Archuleta
06/27/2022 SUBPOENA RETURNED D 1
Subpoena Return Acata

06/27/2022 ORD: STIPULATED
STIPULATED ORDER REGARDING SUNSET

06/27/2022 ORD: TO TRANSPORT

06/24/2022 MTN: to Revoke or Modify Release 5-403 D 1
Defense Motion re Conditions of Release

06/24/2022 MTN: IN LIMINE D 1
RE ADMISSION OF VIDEO RECORDINGS


link: Stale Session

 

[Niner]

No update on next court hearing - just has trial next.

Docket update:

Event Date Event Description Event Result Party Type Party # Amount
06/28/2022 ORD: ORDER
ORDER ON DEFENDANT'S MOTION IN LIMINE ON RULE OF COMPLETENESS; DENIED

06/28/2022 ORD: ORDER
ORDER RESERVING RULING ON DEFENDANT'S NOTICE OF OBJECTION TO ADVERSE INFERENCE INSTRUCTION

06/28/2022 ORD: ORDER
ORDER ON DEFENDANT'S MOTION FOR MATERIAL WITNESS WARRANTS

06/28/2022 ORD: ORDER
ORDER ON STATE'S MOTION FOR DEFENSE TO PAY DEPOSITION COSTS

06/28/2022 ORD: ORDER
ORDER ON STATE'S MOTION TO AMEND STATEMENT OF FACTS

06/27/2022 ORD: ORDER
SECOND STANDING DECORUM ORDER

link: Stale Session

 

[JerseyGirl]

Suspect in Victoria Martens case seeks credit for pre-sentence confinement

ALBUQUERQUE, N.M. (KRQE) – A man accused of Victoria Martens’s death is set to go to trial next week, but he’s already asking for credit for pre-sentence confinement. Fabian G…

www.krqe.com

 

[Niner]

Docket update - Gonzales

Event Date Event Description Event Result Party Type Party # Amount
07/02/2022 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION IN LIMINE RE ADMISIION OF VIDEO RECORDINGS

07/02/2022 RESPONSE P 1
STATE'S RESPONSE TO DEFENDANT'S MOTION RE CONDITIONS OF RELEASE

link: Stale Session

 

[Niner]

Gonzales - dang missed a hearing...


Register of Actions Activity
Event Date Event Description Event Result Party Type Party # Amount
07/06/2022 AUDIO LOG NOTES
Courtroom 420 04:11:50 - 04:21:14



Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
07/11/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/06/2022 4:00 PM HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

06/22/2022 8:30 AM MOTION HEARING Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

link: Stale Session

 

[Niner]

But to keep my notes straight - I shall post it anyway. And I can shorten it up a bit too.

Wednesday, July 6th:
*Hearing (@ 4pm 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 set to begin on 7/11/22.
Court information from 6/30/18 thru 6/14/22 reference post #847 here:
https://www.websleuths.com/forums/t...lbuquerque-23-aug-2016-arrests.315539/page-43
6/15/22: Addendum to motion for material witness warrant: Monica Ramirez. Motions hearing on 6/22/22. 6/21/22: State's response to Defendant's Motion to amend statement of facts. 6/21/22: Notice of correction to motion to reconsider filed on 3/29/22. State's response to defendant's motion for material witness warrants. Response to State's for defense to pay deposition costs. Notice of defense objection to Adverse Inference instruction.
6/24/22: Motion in Lime: admission of video recordings. Defense motion re conditions of release. To revoke or modify release (5-403). 6/27/22: Order to transport. Stipulated Order regarding sunset. 47 Subpoenas returned. 6/27/22: Order: 2nd standing decorum order. 6/28/22: Order on State's motion to amend statement of facts. Order on State's motion for defense to pay deposition costs. Order on defendant's motion for material witness warrants. Order reserving ruling on defendant's notice of objection to adverse inference instruction. Order on defendant's Motion in Limine on rule of completeness-denied. 6/29/22: Order: Amended 2nd standing decorum Order. 7/1/22: Pretrial Order.
7/1/22: Gonzales' trial is set to begin next week, but he’s arguing no matter the outcome, he should get credit for his pre-sentence confinement. According to a motion filed by Gonzales, he says he spent nearly 1,400 days in MDC until his release in November 2019. He also wants credit for the last 947 days he’s spent on GPS, saying it has limited his freedom of movement. It totals more than six years, but it’s a request the state is fighting. 7/2/22: In response, the State argues he has never had an exclusion zone, curfew, or a significant limitation of his freedom. A hearing date has not been scheduled. State's response to defendant's Motion in Limine re admission of video recordings. Next hearing on 7/6/22.
*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. Could receive 50 years, with good behavior out in 20 years. Will be sentenced following Gonzales’ trial. Sentencing hearing on 4/28/22. Sentenced to 50 years with 6 years suspended. Once Kelley is released from prison, she will be on probation for 5 years.
*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 other 2 & will be sentenced after other cases are over. Faces up to 12-15 years in prison. Sentencing hearing on 2/11/22 was cancelled on court site. No update 7/8/22.

 

[Niner]

I'll check the court site over the weekend & early morning Monday to see if his trial is a go on 7/11/22. I hope so!

Victoria has waited a long time for Justice. And her mother hasn't even been sentenced....

 

[JerseyGirl]

Jury selection in Fabian Gonzales trial to begin Monday

Jury selection in the trial of Fabian Gonzales is set to begin Monday. He’s one of three suspects arrested following the brutal killing of 10-year-old Victoria Martens.

www.kob.com

Opening statements could happen by the middle of next week.

 

[HistoryNut]

With jury selection scheduled to begin next Monday for Fabian Gonzales' trial, I am praying that Victoria finally gets the justice she deserves.

 

[Niner]

Now wondering if it will be live streamed or being tweeted - ??

 

[Niner]

Looks like trial is set to go!
No docket updates.

Hearings for this Case
Hearing Date Hearing Time Hearing Type Hearing Judge Court Court Room
07/27/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/26/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/25/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/22/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/21/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/20/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/19/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/18/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/15/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/14/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/13/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/12/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

07/11/2022 8:30 AM JURY TRIAL Leos, Cindy ALBUQUERQUE DISTRICT COURT Courtroom 420

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