Fabian Gonzales trial put on hold
Decision by Court of Appeals on state’s motion may take up to six months
The trial of Fabian Gonzales — which was supposed to begin in a little over two weeks — has been put on hold pending a decision by the New Mexico Court of Appeals about whether some evidence should be allowed or suppressed.
The District Attorney’s Office filed a motion Wednesday appealing state District Judge Charles Brown’s earlier ruling suppressing statements made by Gonzales’ cousin Jessica Kelley, who is also charged in the slaying of Victoria Martens in August 2016, as well as evidence of drug use by both Kelley and Gonzales.
On Thursday morning, Gonzales, his attorney and prosecutors appeared before Judge Brown in the 2nd Judicial District Courthouse for a hearing that had been scheduled for them to begin the process of selecting a jury.
Instead, Brown postponed the trial since the state’s motion needs to be decided by the Court of Appeals. That process could take anywhere from 60 days to more than six months, depending on how complicated the issue is, according to the clerk for the Court of Appeals.
Brown said he expects the trial to begin as soon as the court makes a decision.
“I’d like both sides to continue working the case, I’d like it to get to trial as soon as we receive the mandate,” Brown said.
In response to the appeal, Gonzales’ attorney Stephen Aarons filed a motion alleging the state is attempting to “gain a strategic advantage.”
“In my demand for a speedy trial, I said it was a frivolous appeal to delay the trial,” Aarons wrote in an email. “There is nothing to appeal. After two years, they are not ready.”
Greer Rose, the lead prosecutor on the case, said the state is ready for trial as soon as a decision has been
made. She said the DA’s office had not received the judge’s order suppressing the evidence until this week and appealed it as soon as possible because they believe the evidence is vital to prosecuting Gonzales.
“(Kelley) made some statements that implicated herself and this defendant,” Rose said following the Thursday morning hearing. “We feel these statements are key in showing this defendant’s role in the murder of Victoria.”
Although Gonzales, Victoria’s mother Michelle Martens and Kelley were all initially indicted in the rape and murder of the little girl, prosecutors now say Gonzales and Martens left the little girl alone with Kelley, who was high on methamphetamine.
According to court documents, Kelley has said a man walked into Martens’ home and killed Victoria in retaliation for threats Gonzales made to gang members. Gonzales is now charged with child abuse resulting in death and tampering with evidence.
Kelley is charged with rape and murder, and her trial is scheduled for January. Rose said the appeal does not change anything for Kelley’s trial right now.
Martens pleaded guilty to child abuse resulting in death, and faces between 12 and 15 years in prison with the possibility of getting out early for good behavior. She will be sentenced after the trials have been completed.