He’s accused in connection with the death of Victoria Martens, and now he’s asking a judge to let him out of jail.
Fabian Gonzales has been in jail since the murder in August 2016.
In a motion filed Thursday, Gonzales’ attorneys state the one witness against him actually tried to kill him.
Fabian Gonzales was charged with murdering Victoria Martens in August 2016.
Then in June 2018, District Attorney Raul Torres dropped a bombshell.
“There is no physical evidence linking Fabian Gonzales to that specific crime, and no independent forensic evidence that Michelle Martens knowingly permitted her daughter to be sexually assaulted on that day – or at any other time,” Torres said.
The charges were changed and now Gonzales is facing a child abuse resulting in death charge.
Gonzales’ attorneys now want him to get out of jail pending trial. He is currently on a $1 million bond.
Gonzales claims the only witness against him is Jessica Kelley. He says authorities are relying on her testimony, which is flawed.
He states she was taking care of the child and when he came back to the apartment on that fateful night, Jessica Kelley told them Victoria was sleeping.
Victoria’s mother, Michelle, has given police statements that she believed the child was sleeping.
The motion alleges when Gonzales and Martens were asleep in the master bedroom, that Jessica Kelley tried to kill them by smashing their heads in with an iron.
Gonzales also believes the whole case was based on a false confession.
The defense alleges because Gonzales’ criminal history involves no felonies, that he should be let out pending trial.
Fabian Gonzales’ attorneys also make a prediction that after prosecutors are done presenting their case in Jessica Kelley’s trial next month, that the judge will give a directed verdict of not guilty against Kelley for child abuse resulting in death.
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- DA dismisses 2 child abuse charges against Jessica Kelley