ALBUQUERQUE, N.M. (KRQE) – Attorneys for Fabian Gonzales have lost their fight to keep pictures of the blurred and dismembered body of Victoria Martens out of the trial. Gonzales is accused of child abuse resulting in death for allegedly failing to protect 10-year-old Martens who was murdered in her northwest Albuquerque apartment in 2016.
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Gonzales is accused of helping dismember her body. His attorneys argued that around 60 pictures of Victoria’s body were inflammatory, Thursday during a court hearing, both sides went back and forth with prosecutors arguing they are key to proving their tampering with evidence charge saying as hard as it will be for the jury to see the pictures they have to see what was done and who did it.
The judge did explain why she is agreeing with the prosecution to allow the pictures. “As Miss Rose pointed out some of the argument that there may be — this happened in a quick point of time; it is a quiet endeavor — this sort of demonstrates how much work was involved in accomplishing this. So I do think it is relevant for that reason,” said the judge.
The judge did throw out several of the pictures saying some were repeats and others were not part of the evidence prosecutors were talking about.