ALBUQUERQUE, N. M. – A New Mexico officer of justice left in the first-degree murder and rape charges Friday against a man arrested in the gruesome murder of a 10-year-old Albuquerque girl, who says that an investigation had revealed that much of what the authorities had believed and shared in public about the case was “simply not true.”
Bernalillo County District Attorney Raul Torrez’s announcement that he is an underestimation of the most serious complaints filed against Fabian Gonzales in the death of Victoria Martens came the same day the girl’s mother, Michelle Martens, pleaded guilty to one count of child abuse resulting in death. She was also free from more than a dozen charges in the case, including murder.
Torrez said the mother was wrongly told the police shortly after the August 2016 killing that she had seen how Gonzales, her boyfriend have sex with her daughter the night of the girl’s dismembered remains were found wrapped in a blanket that was set on fire in a apartment with bathroom.
The mother told the police in a criminal complaint that Gonzales had drugged her daughter to calm her down, and Jessica Kelley — a third suspect and Gonzales’ cousin — held her hand over the girl’s mouth and stabbed her in the stomach, according to a 2016 criminal complaint.
However, the public prosecutor said: there is no physical evidence that Gonzales raped Victoria Martens, and a crime lab analysis found an unknown man’s DNA on her body.
Statements of witnesses and gsm data revised after Torrez was prosecutor in 2017 also see Gonzales and the mother of the girl was not at the apartment when the girl was killed, which suggests that they left the child with Kelley. Court documents indicate Kelley had a previous conviction for a felony rape charge.
The results of toxicology tests, released in early 2017 and have no drugs in the girl of the system, only alcohol.
“Everybody in the immediate aftermath of this crime focused on the declaration of Michelle Martens made and they took it at face value,” Torrez said. “The pieces of this puzzle just don’t fit.”
The details of the girl to kill described in the police documents sent shock waves through New Mexico’s largest city.
The night he was arrested, Gonzales denied having anything to do with Victoria’s death, as reporters shouted questions at him.
He remained in prison awaiting trial and court records show that he was still faced with the charges of tampering with evidence and child abuse resulting in death arising out of the Victoria ‘ s kill.
Kelley is still awaiting trial on first-degree murder, assault and other charges. They pleaded not guilty.
The authorities still wrong Victoria’s mother for leaving her in a dangerous situation the night of her death.
Meanwhile, Torrez said researchers are working to identify the man whose DNA was linked to the crime.
The authorities suspect that he is connected in some way to Gonzales, Kelley and the mother of the girl. Researchers have ruled out that the DNA might belong to a officers who responded to the crime scene.
Gilbert Gallegos, a spokesman for the Albuquerque Police Department, said in a statement Friday evening that the department was to continue to work closely with the district attorney’s office and federal partners.
“This is one of the most heinous crimes our community has faced,” Gallegos said. “APD has a number of our most experienced detectives in the investigation and they have been instrumental this year in the unraveling of the misleading statements Michelle Martens made in the first instance.”
A psychological evaluation that was conducted after the authorities began to experience a lot of inconsistencies between the evidence and her statements found that leading questions and the other resulted in the provision of her lies to the authorities, Torrez said.
The Albuquerque Journal reported after Martens’ plea hearing Friday that her lawyer described her as someone who does not function on the same level as most people, and as a person who often responds to questions with answers they believe will please the other person.