ALBUQUERQUE, N.M. (KRQE) – Some evidence of drug use in the trial of Fabian Gonzales will be left out

Gonzales was scheduled to go to trial back in the fall of 2018 on charges relating to the death of 10-year-old Victoria Martens. The case was put on hold after the District Attorney’s Office appealed Judge Charles Brown’s decision to leave out evidence of drug use by Gonzales and his co-defendant Jessica Kelley the week leading up to Victoria’s death.

The New Mexico Court of Appeals agreed with Judge Brown and that the evidence can be suppressed. Gonzales’ attorney says now the only evidence of drug and alcohol use on the day of Victoria’s death will be allowed.

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