Prosecutors are explaining why they want to show the jury graphic police lapel video in the Victoria Martens’ case.
Attorneys for Fabian Gonzales are fighting to keep police lapel video showing officers discovering 10-year-old Victoria’s body out of his trial.
Gonzales is no longer facing murder charges in the case, but tampering with evidence and other charges.
His attorneys argue showing officers discovering the dismembered and burning body of the 10-year-old will prejudice the jury and isn’t relevant to the charges he’s facing.
Prosecutors argue it’s very relevant, saying it shows various pieces of evidence disturbed at the scene; smoke detectors that had been removed; and the state of the victim’s body, which in itself suggests it was tampered with in an effort to cover up the crime; as well as Gonzales’ first interaction with police.
Gonzales’ attorneys are also fighting to keep some of co-defendant Jessica Kelley’s comments out of trial saying they’re hearsay.
Prosecutors argue Kelley, who is Gonzales’ cousin, implicated herself in those comments and had nothing to gain in saying what she did.
A judge has yet to rule on the motions. Gonzales goes on trial in October.
- Suspect in Victoria Martens’ case wants police video thrown out
- DA dismisses 2 child abuse charges against Jessica Kelley
- DA explains delay in revealing new suspect in Victoria Martens’ case
- Mother of Victoria Martens takes plea deal; unidentified 4th suspect still at large