TODAY.. FOR NEARLY 50-
YEARS IN PRISON.
BUT THE JUDGE REJECTED
THAT PLEA.. SAYING
KELLEY )S STORY OF WHAT
HAPPENED TO VICTORIA
MARTENS
.... DIDN )T MATCH THE
CHARGES SHE WAS PLEADING
TO.
NEWS 13 )S CHRIS MCKEE
WAS IN THE COURTROOM..
HE )S LIVE DOWNTOWN AT
DISTRICT COURT.
JESSICA..
THIS SURPRISE HEARING..
ENDED WITH THAT SURPRISE
DECISION
FROM THE JUDGE...
AS PROSECUTORS AND
DEFENSE ATTORNEYS
THOUGHT THIS WAS A DONE
DEAL.
KELLEY WAS EXPECTED TO
PLEAD TO CHILD ABUSE
RESULTING IN
DEATH...
AGGRAVATED BATTERY AND
EVIDENCE TAMPERING
CHARGES.. IN VICTORIA )S
MURDER.
THE 10-YEAR GIRL )S BODY
WAS FOUND MUTILATED AND
DISMEMBERED .. AT THE
GIRL AND HER MOM )S
ALBUQUERQUE APARTMENT IN
AUGUST 2016.
BUT DURING A HEARING
THIS AFTERNOON -- JUDGE
CHARLES
BROWN ASKED JESSICA
KELLEY.. TO EXPLAIN WHAT
HAPPENED THE
NIGHT VICTORIA WAS
KILLED.
KELLEY SAID SHE WAS
HALLUCINATING ON METH
... BABYSITTING VICTORIA
AND THE GIRL WENT TO
BED.
AT SOME POINT.. AN
UNKNOWN MAN WALKED IN
THE APARTMENT.
KELLEY SAYS SHE THOUGHT
THAT MAN KNEW HER
COUSIN.. FABIAN
GONZALES..
OR VICTORA )S MOM
MICHELLE MARTENS..
KELLEY TOLD THE COURT
SHE DIDN )T THINK
ANYTHING WOULD HAPPEN..
BUT WHEN THE MAN
LEFT...SHE FOUND
VICTORIA DEAD IN HER
BEDROOM.
37:48 James
Grayson/Prosecutor,
Bernalillo Co. DA )s
Office She knew or
should have known of the
substantial and
foreseeable risk that
this individual posed to
Victoria Martens" 37:55
Judge Charles Brown
"That flies in the face
of all reason and common
sense 37:59 You )re
asking that Ms.
Kelley somehow a... mind
reader 38:06
WITH THAT... JUDGE BROWN
REJECTED THE PLEA..
THAT DEAL WOULD HAVE
KEPT KELLEY IN JAIL
UNTIL SHE WAS ABOUT
EIGHTY-THREE YEARS OLD.
BUT.. WITH THE JUDGE
REJECTING IT..
KELLEY IS BACK IN JAIL
TONIGHT.. AWAITING A
SCHEDULED
JANUARY TRIAL.
JESSICA BACK TO YOU.
THE DISTRICT ATTORNEY
RESPONDED TO JUDGE
CHARLES
BROWN )S RULING ABOUT AN
HOUR LATER -- SAYING THE
COURT )S DECISION
CAME AS UNEXPECTED.
NEWS 13 )S MARISSA LUCERO
CONTINUES OUR TEAM
COVERAGE AND IS
LIVE AT THE D-A )S OFFICE
WITH THE DETAILS,
MARISSA.
JESS,
D-A RAUL TORREZ SAID
THIS WAS NOT SOMETHING
EITHER THE STATE OR
JESSICA KELLEY )S DEFENSE
ATTORNEY ANTICIPATED
WHEN THEY WENT TO
COURT TODAY.
IN COURT JUDGE CHARLES
BROWN DENIED THE DEFENSE
THE
OPPORTUNITY TO READ A
"PREPARED STATEMENT" --
INSTEAD HE ASKED
KELLEY TO EXPLAIN IN HER
WORDS WHAT HAPPENED THE
NIGHT VICTORIA WAS
MURDERED.
THAT )S WHEN THE DISTRICT
COURT JUDGE TOLD
PROSECUTORS HE FELT THAT
KELLEY )S TESTIMONY
DIDN )T ADD UP WITH WHAT
WHAT SHE WAS
PLEADING TOO -- THE MAIN
CHARGE BEING CHILD ABUSE
RESULTING IN
DEATH.
TORREZ SAYS JESSICA AND
HER ATTORNEY MET WITH
PROSECUTORS A
HANDFUL OF TIMES AND
THAT SHE IS WELL AWARE
OF THE SIX CHARGES SHE
INTENDED TO PLEAD TO.
THE D-A SAYS HIS OFFICE
STILL BELIEVES THIS PLEA
AGREEMENT IS IN
THE BEST INTEREST OF
JUSTICE
15:26:57DA TORREZ"49 1/2
years in the department
of corrections is a
significant term of
incarceration 27:04 and
while not a perfect
outcome or something
that we wish, we felt it
necessary given the
limitations in some of
the missteps that
happened earlier on in
this
investigation"15:27:19
BECAUSE THIS PLEA DEAL
REQUIRES KELLEY TO
TESTIFY AGAINST HER
COUSIN FABIAN GONZALES
--- THE D-A SAYS THEY
ARE GOING TO NEED HER
COOPERATION MOVING
FORWARD.
TORREZ SAYS WHILE HE
RESPECTS THE JUDGE )S
DECISION TODAY
PROSECUTORS WILL STILL
BE FILING WHAT )S CALLED
A MOTION TO
RECONSIDER THIS PLEA
DEAL.
BACK TO YOU, JESS.
SO WHAT DOES THIS MEAN
FOR FABIAN GONZALES --
WHO IS SLATED TO GO ON
TRIAL ON OCTOBER 15TH?
AND NOW -- THE D-A )S
OFFICE HAS RELEASED A
FORMAL, (NEW
NARRATIVE OF WHAT
PROSECUTORS BELIEVE
HAPPENED THAT NIGHT --
AND
HOW THEY BELIEVE PUT
VICTORIA IN DANGER.
HERE )S NEWS 13 )S
MADELINE SCHMITT.
JESSICA,
"THE STATEMENT OF FACTS"
BACKS UP WHAT KELLEY
SUGGESTED IN
COURT TODAY.
THAT ANOTHER MAN,
LOOKING FOR GONZALES,
CAME TO THE APARTMENT --
KILLED VICTORIA -- AND
THEN THREATENED KELLEY
AND (HER KIDS... IF
SHE AND GONZALES DIDN )T
CLEAN UP THE CRIME
SCENE.
PROSECUTORS DROPPED THE
RAPE AND MURDER CHARGES
AGAINST GONZALES OVER
THE SUMMER -- SAYING NEW
EVIDENCE SHOWED
GONZALES AND VICTORIA )S
MOTHER MICHELLE WEREN )T
THERE FOR THE
MURDER.
BUT GONZALES IS (STILL
CHARGED WITH CHILD ABUSE
RESULTING IN DEATH
FOR PUTTING THE GIRL IN
A DANGEROUS
SITUATION.... WITH
HIS COUSING KELLEY -- A
CONVICTED RAPIST AND
DRUG DEALER.
THE STATEMENT OF FACTS
REITERATES THIS.
AND IT DESCRIBES IN
DETAIL HOW KELLEY FEARED
SOMEONE WAS DRIVING BY
THE
WESTSIDE APARMTENT
LOOKING FOR GONZALES
THAT
NIGHT... BEFORE THE
UNIDENTIFIED MAN CAME
UPSTAIRS AND STRANGLED
VICTORIA...
THEN THREATENED KELLEY.
IT DESCRIBES GONZALES
AND MARTENS GOING ON A
METH SPREE
BEFORE ARRIVING HOME.
AND THEN KELLEY AND
GONZALES DISTRACTING
MARTENS SO SHE
DIDN )T KNOW HER DAUGHTER
WAS DEAD -- HAVING HER
COOK DINNER AND
THEN PUTTING HER TO
BED....
SO THEY COULD DISPOSE OF
THE BODY... IN AN
INCREDIBLY
GRUESOME WAY.
IN THE D-A )S NEWS
CONFERENCE THIS
AFTERNOON -- RAUL TORREZ
SAID KELLEY
WOULD HAVE BEEN
AVAILABLE TO TESTIFY IN
GONZALES )S TRIAL... HAD
THE JUDGE ACCEPTED HER
PLEA AGREEMENT.
still preparing for
that.
without jessica kelley
that trial becomes far
more complicated and far
more difficult"...
GONZALES CLAIMS HE
SHOULDN )T BE CHARGED FOR
PUTTING VICTORIA IN
A DANGEROUS SITUATION
BECAUSE HE )S NOT HER
GUARDIAN.
PROSECUTORS POINT OUT
THAT GONZALES COOKED FOR
HER ...CALLED
HER MIJA -- EVEN BOUGHT
HER A KITTEN.
JESSICA, BACK TO YOU.
OKAY THANKS MADELINE.
MICHELLE MARTENS HAS
ALREADY PLED TO LESSER
CHILD ABUSE CHARGES IN
THE DEATH -- FOR PUTTING
VICTORIA IN DANGER --
AND IS AWAITING
SENTENCING.
NEWS 13 WILL CONTINUE TO
COVER THE LATEST ON THIS
STORY.
WE )LL HAVE MUCH MORE
TONIGHT AT 10. YOU CAN
ALSO FIND UPDATES ON
KRQE DOT COM AND THE
KRQE NEWS APP.
THE STATE )S TOP COP IS