There’s been another strange twist in the horrific murder of Victoria Martens.

Ten-year-old Victoria Martens was murdered and dismembered in August 2016. One of the suspects charged in the case, Jessica Kelley, is set to go on trial in a month.

Kelley’s attorneys had filed a motion to dismiss the child abuse resulting in death charge, but Wednesday morning they asked the judge to keep the charge in place.

Prosecutors say, not so fast.

In their response filed Wednesday afternoon, prosecutors asked the judge to rule on the motion. They point out Kelley’s move shows they have enough evidence to prove her guilt.

Prosecutors want the judge to rule on the motion and move to trial.

Kelley’s attorneys want their motion sealed because they think it will prejudice the potential jurors.

Victoria’s mother, Michelle Martens, has already pled guilty to her involvement in the death.

The third person charged in the case, Fabian Gonzales, is awaiting trial.

A fourth suspect who may have killed Victoria has not been identified or caught.

Kelley’s motion hearing was held Thursday.

Her trial will remain in Albuquerque.

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