ALBUQUERQUE, N.M. (AP) - Prosecutors have asked a state district court judge to separate the cases against three people accused in the killing of 10-year-old Victoria Martens.
The Albuquerque Journal reported (https://bit.ly/2pekjdD ) Thursday that two of the three suspects’ attorneys agreed with prosecutors.
Victoria’s mother, Michelle Martens, her mother’s boyfriend, Fabian Gonzales, and his cousin Jessica Kelley have all been charged jointly in the case.
Gonzales’ attorney Tom Clark said the motion is a “formality” and all parties have agreed.
Prosecutor Kevin Holmes says the state plans to use Martens’ admission to police against her at trial. But the statement also implicates Gonzales and Kelley, and would “cause undue prejudice” to them, and would “result in reversible error.” Holmes says prosecutors also intend to introduce an admission by Gonzales, which would raise the same issues at a joined trial.
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Information from: Albuquerque Journal, https://www.abqjournal.com
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