THIS CASE TWICE BEFORE,
AND THIS MORNING THE
JUDGE ACCEPTED IT RIGHT
BEFORE HER TRIAL
WAS EXPECTED TO START.
KELLEY IS ONE OF THREE
SUSPECTS CHARGED WITH
THE KILLING OF THE 10-
YEAR-OLD IN HER
NORTHWEST ALBUQUERQUE
APARTMENT IN
AUGUST OF 2016
NEWS 13 )S JACKIE KENT IS
LIVE OUTSIDE DISTRICT
COURT WITH THE
LATEST... JACKIE.
KIM... TODAY KELLEY WAS
EMOTIONLESS IN COURT AS
SHE SHE PLEAD NO
CONTEST TO CHILD ABUSE
RESULTING IN DEATH,
AGGRAVATED ASSAULT,
CONSPIRACY AND THREE
TAMPERING CHARGES.
Judge Charles Brown,
District Court:
According to this, you
plead )no contest ) to
six specifications.
SHE FACES UP TO 50 YEARS
IN PRISON... BUT HER
ATTORNEY SAYS THAT COULD
BE CUT BY MORE THAN HALF
TO 20 YEARS AND 9 MONTHS
BECAUSE
OF CREDIT FOR PREVIOUS
TIME SERVED AND IF SHE
EARNS GOOD TIME.
ATTORNEY MARK EARNEST
SAYS EVEN THOUGH THE
STATE FILED A NOLLE LAST
WEEK DISMISSING THE
ALLEGED SEXUAL ASSAULT
OF VICTORIA...
HE WAS CONCERNED THE
MEDIA COVERAGE OF THE
CASE WOULD
TAINT THE JURY POOL AND
LEAD TO AN UNFAIR TRIAL.
Mark Earnest, Defense
attorney: That )s
something that )s
incredibly difficult to
deal with in picking
jurors who can be fair
and impartial and so
that was something we
were definitely
concerned with.
VICTORIA )S MOTHER
MICHELLE PLED GUILTY
LAST YEAR TO INTENTONAL
CHILD ABUSE RESULTING IN
DEATH. JESSICA HAS
AGREED TO TESTIFY
AGAINST THE THIRD PERSON
CHARGED IN
THE CASE SO FAR...
FABIAN GONZALES.
KELLEY HAS ALSO AGREED
TO ANSWER QUESTIONS
ABOUT ABOUT A FOURTH
SUSPECT THAT THE
DISTRICT ATTORNEY )S
OFFICE ONLY BROUGHT UP
TWO YEARS AFTER THE
MURDER.
KIM... BACK TO YOU.
OKAY JACKIE.
KELLEY HAD TRIED TO
PLEAD TWICE BEFORE TO
SIMILAR CHARGES. BOTH
TIMES SHE HAD TRIED TO
PLEAD GUILTY. JUDGE
CHARLES BROWN
REJECTED BOTH THOSE
PLEAS STATING THERE WAS
NOT ENOUGH
EVIDENCE THAT SHE WAS
RESPONSIBLE FOR
VICTORIA )S DEATH. THIS
MORNING SHE PLEAD NO
CONTEST WHICH CARRIES
THE SAME SENTENCE AS
A GUILTY PLEA BUT
JESSICA KELLEY DOESN )T
ADMIT GUILT, ONLY THAT
THERE WAS ENOUGH
EVIDENCE TO CONVICT HER.
KELLEY )S SENTENCING HAS
NOT YET BEEN SET.
THE DISTRICT ATTORNEY )S
OFFICE WILL NOW FOCUS ON
THE THIRD CHARGED
SUSPECT IN THE CASE
FABIAN GONZALES AND
HOPEFULLY IDENTIFY THE
UNNAMED FOURTH SUSPECT.
NEWS 13 )S RACHEL KNAPP
IS LIVE OUTSIDE THE
DISTRICT COURT.,
RACHEL.
KIM, DISTRICT ATTORNEY
RAUL TORRES SAYS
KELLEY )S PLEA IS NOW AN
OPPORTUNITY FOR HIM AND
HIS TEAM TO FINALLY SIT
DOWN
WITH KELLEY AND BUILD
HIS CASE AGAINST
GONZALES.
14:50:00 "While it )s not
perfect, it )s a pretty
decent outcome given the
limitations of what we
have 14:56:00
TORRES WAS TIGHT LIPPED
WHEN WE ASKED IF KELLEY
HAD A BIGGER ROLE
IN MARTEN )S DEATH OTHER
THAN LETTING AN
UNIDENTIFIED FOURTH
SUSPECT INTO THE
APARTMENT, WHERE THAT
SUSPECT
KILLED MARTENS:
17:19:00 "Again I )m not
going to comment on
things we expect to be
the subject of testimony
in the upcoming trial,
very mindful of the idea
of the preservation of
that evidence is
something we
talk about today."
17:40:00
THE DISTRICT ATTORNEY
WOULDN )T COMMENT IF
KELLEY KNOWS
WHO THE FOURTH SUSPECT
IS OR WHAT HER TESTIMONY
WOULD BE AGAINST
GONZALES... BUT HE ADDED
THAT IT WOULD ALL BE
HEARD IN COURT.
KELLEY )S COUSIN FABIAN
GONZALES STILL FACES
CHILD ABUSE RESULTING IN
DEATH CHARGES. HE WAS
DATING MICHELLE MARTENS,
VICTORIA )S MOTHER
AT THE TIME OF THE
MURDER.
TORRES SAYS VICTORIA
MARTEN )S FAMILY IS UPSET
WITH THE PLEA BUT
UNDERSTANDS THAT IT
COULD HELP WITH
CONVICTING GONZALES...
AND GONZALES )S CASE IS
CURRENTLY IN APPEALS
COURT WITH NO DATE SET
FOR TRIAL.
OKAY RACHEL.
ON FRIDAY THE DA. )S
OFFICE DROPPED THE RAPE
CHARGES IN THIS CASE.
THEY SAID TODAY THAT )S
BECAUSE FURTHER
INVESTIGATION
COULDN )T PROVIDE
CONCLUSIVELY THAT SHE )D
BEEN RAPED THE NIGHT OF
HER
DEATH.
OMI DID STATE IN HER
AUTOPSY REPORT THAT SHE
HAD BEEN RAPED IN
THE PAST.
A SUNNY WARMER DAY OUT
THERE.