Fabian Gonzales wants release conditions eased
Defendant in child’s death asks to live with brother
A defendant in one of New Mexico’s grisliest child death cases wants his conditions of release loosened up.
Attorneys for Fabian Gonzales, charged in the death of 10-year-old Victoria Martens, have asked a judge to let Gonzales work outside Bernalillo County, live with one of his brothers and be free from his GPS monitor.
A spokesman for the 2nd Judicial District Attorney’s Office said Wednesday that prosecutors oppose the motion.
Gonzales is charged with reckless abuse of a child resulting in death, tampering with evidence and conspiracy to commit tampering with evidence in Victoria’s August 2016 death. Gonzales and his cousin, Jessica Kelley, as well as Victoria’s mother, Michelle Martens, were initially charged in the case.
Investigators later determined that someone else killed Victoria. The killer has still not been identified.
Gonzales’ case is in the Court of Appeals, while Kelley and Michelle Martens await sentencing after accepting plea deals. Gonzales’ trial is expected to start after the appeals court determines whether some statements made by Kelley are admissible.
Gonzales was released from jail in November and was placed under the supervision of the state District Court’s pretrial services division.
In a motion filed last week, Gonzales’ attorney, Stephen Aarons, said Gonzales has had to turn down some plumbing work because he can’t leave Bernalillo County except to visit Aarons’ office in Santa Fe.
Aarons also asked that Gonzales be allowed to live with one of his brothers because the family is spending a lot of money to rent Gonzales his own apartment. Gonzales isn’t allowed to live with this brother because he’s listed on the state’s witness list, but they work together. “It is somewhat of a legal fiction to think that defendant and his brothers would be more likely to discuss the case after work hours at home than they would together on the job six days a week,” the motions says. “... The court can and should amend this condition to allow defendant to live as well as work with one of his brothers, but to admonish them not to discuss the case outside the presence of counsel.”
Gonzales also wants to be taken off his GPS monitor, which was ordered by pretrial services.
Prosecutors had previously lost an appeal to keep Gonzales in jail until his trial. District Attorney’s Office spokesman Adolfo Mendez said a response opposing the motion will be filed later this week.