ALBUQUERQUE, N.M. (KRQE) – On Wednesday, attorneys are arguing what will be allowed in the trial of Fabian Gonzales. Gonzales is accused of child abuse resulting in death for allegedly failing to protect Victoria Martens the night of her murder in 2016.
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One of the big asks by his attorney is for the ability to interview Victoria’s mother Michelle by themselves before trial. She is scheduled to testify against Gonzales at his trial. The state objects to that.
“I think that they’ve had plenty of opportunity to interview her. I think the court’s ruling to give them more questions, that is fair,” said Greer Rose, deputy district attorney. “I think on May tenth, your honor, an open court ruled that there would not ex parte communications and in fact, that is just a way to get around this whole thing we’ve been litigating and get her in a room by themselves and they can ask her whatever they want.”
His attorney argued in court that Victoria Marten’s mother Michelle has “gone all the way from saying horrible things that she did to her child, which we all agree didn’t happen, to a much different view later on in the process.”
They say that she is libel, so they don’t know where she’s going in this case. The judge is still considering that issue along with several others before trial. Gonzales’ trial is set for January.