State files notice of appeal in Fabian Gonzales case
Move will probably delay trial set for Oct.
The District Attorney’s Office filed notice Wednesday that it is appealing a ruling in the case against Fabian Gonzales, likely delaying his trial, which had been on track for next month.
Gonzales is facing charges surrounding the death of 10-year-old Victoria Martens, and prosecutors allege that threats he made during and after a fight at a barbecue celebrating his cousin’s release from prison “set into motion the events that led to the homicide of Victoria Martens.”
At the time, Gonzales was dating Michelle Martens, the girl’s mother, and the couple was not at the Martens’ apartment when the girl was killed. Prosecutors say the couple left Victoria with Gonzales’ cousin, Jessica Kelley, who had a criminal record and was high on methamphetamine. Kelley says a man walked into the home and killed the child.
According to a DA’s Office spokesman, prosecutors are appealing a decision by state District Judge Charles Brown to keep out of Gonzales’ trial evidence related to Kelley’s criminal history and drug use, along with a series of statements she made while in jail. In one of those statements, an inmate asks Kelley whether Gonzales helped clean up after the homicide. And she replies, “of course he did,” according to earlier court filings.
“The evidence excluded by the above-listed order is a substantial proof of facts material in the proceeding,” prosecutor James Grayson wrote in the notice of appeal.
Gonzales’ trial was set to begin Oct. 15. He is scheduled to appear in court today for a status hearing.
Grayson wrote that the appeal was not being filed “for the purpose of delay.” But Stephen Aarons, who is representing Gonzales, said in an email Wednesday that he plans to file a “demand for speedy trial.”