Victoria Martens’ mother to be first of 3 tried By Katy Barnitz / Journal Staff Writer Published: Monday, August 14th, 2017 at 11:24amUpdated: Monday, August 14th, 2017 at 10:16pm

ALBUQUERQUE, N.M. — Michelle Martens will be the first of three defendants to go to trial on charges connected to the rape and murder of her 10-year-old daughter, Victoria.
<a href=Michelle Martens" width="113" height="175" />

Michelle Martens

Martens’ trial, which is expected to last three to four weeks, is scheduled for July 2018.

Fabian Gonzales will go to trial in October 2018, and Jessica Kelley’s trial is scheduled for January 2019. Gonzales was Michelle Martens’ boyfriend and Kelley is his cousin.

<a href=Fabian Gonzales" width="117" height="175" />

Fabian Gonzales

Second Judicial District Judge Charles Brown ruled in May that each defendant would be tried separately.

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During a hearing Monday, Brown also set deadlines for plea agreements, but defense attorney Gary Mitchell, who is representing Martens, said he did not believe any of the defendants would take a deal.

“State’s not going to make any offer that’s reasonable, and we’re not going to accept anything unreasonable,” Mitchell said. “I don’t see any chance of resolving this case.”

Jessica Kelley

Jessica Kelley

The first trial was originally scheduled for October of this year, but attorneys argued that taking an “unusually complex” case to trial so quickly – as required by the court’s Case Management Order – might put their clients’ constitutional rights in jeopardy.

Brown said Chief Judge Nan Nash agreed to sign an order declaring that there were exceptional circumstances in the case, which let Brown push the trial dates back by several months.

Victoria Martens

Victoria Martens

Prosecutor Greer Rose said Martens should go to trial first, because litigation in the her case could impact the remaining two trials. She also said the mother’s case would be the “biggest, longest, most complicated one.”

The trials are still expected to take place in Bernalillo County, despite requests from defense attorneys to move them outside of the county.

Brown said that if in any of the three trials attorneys are unable to find a fair and impartial jury, he will consider changing the venue.

According to police, the girl was sexually assaulted, strangled and dismembered in her mother’s West Side apartment.

She was found dead Aug. 24, 2016.

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