Fabian Gonzales has always claimed he didn’t have anything to do with the rape and murder of his girlfriend’s 10-year-old daughter, Victoria Martens.
Then last month, District Attorney Raul Torrez dropped a bombshell. He said investigators believe still-unidentified man took part in the rape and murder with Gonzales’ cousin, Jessica Kelley.
He also said that Gonzales and Victoria’s mother Michelle Martens weren’t even home when the girl was killed in her apartment.
Now, Gonzales’ attorney, Tom Clark, has filed a handful of motions in light of the recent developments.
“Because Fabian is now charged with child abuse resulting in death based on his alleged, putting a child in a dangerous situation, we have a vastly different trial,” said Tom Clark.
Gonzales is accused of putting Victoria in danger by leaving her with Kelley, who’s a convicted rapist. He’s also charged with eight counts of tampering with evidence for trying to cover up the murder and clean up the crime scene.
Since the charges that have been dropped, Clark wants police videos of Victoria Martens’ body on fire in a bathtub excluded from his trial.
When asked if those videos would be used to explain the tampering with evidence charges, Clark said, “No, I don’t believe so.”
He doesn’t believe the video proves Gonzales committed a crime, but he thinks it could sway jurors.
“I don’t believe that the descriptive video of the child would necessarily be helpful to the jury. It does more harm than good,” said Clark.
Clark said there are about eight to nine motions altogether he’s working on. He also wants his client’s past history kept out of the trial.
A judge is scheduled to make a decision on these motions on Monday.