ALBUQUERQUE, N.M. (KRQE) – A judge will hear a motion Thursday that the case against Fabian Gonzales be dismissed due to the lack of a speedy trial. Gonzales is accused of dismembering the body of Victoria Martens after her 2016 murder.

However, back in Febuary, Gonzales was mentioned in an Amber Alert that said he was associated with the suspect, Clorisa Covington. Gonzales’s attorneys say that could skew the jury’s view before trial. They’re now arguing that, plus his lack of speedy trial, as a reason to have the case against him dropped. “The defendant is to blame for this delay, he simply is not. For those reasons, judge, we’ve asked the court to find a speedy trial violation and dismiss these counts,” said Steve Aarons, Gonzales’s defense attorney.

The state argues Gonzales was never accused of being involved in the alleged kidnapping. They’re asking the judge not to drop the case. Thursday, Judge Cindy Leos instructed both sides to gather more witness evidence to help their case and she will revisit the motion in one month.