Judge: Criminal histories won’t be allowed in Fabian Gonzales trial

Ahead of the trial for the Albuquerque man accused in the death of Victoria Martens, a judge has ruled on a laundry list of motions related to the case.

The judge decided what will and will not be included in the courtroom next month, like officers’ lapel video and the criminal history of Fabian Gonzales and his cousin, Jessica Kelley.

What you’d likely consider necessary evidence and background in the case, KRQE News 13 has learned will not be allowed in Judge Charles Brown’s courtroom.

Judge Brown has approved several motions by Gonzales to exclude certain things from the trial.

Those things that will be excluded are Gonzales’ criminal history, time spent in prison and drug history. The same goes for Jessica Kelley.

However, the Albuquerque Police lapel video from the first officers on scene that night will be allowed in trial, as requested by the state.

Gonzales’ trial begins Monday, Oct. 15, and at this point will not include the testimony from Kelley after Judge Brown again rejected her plea deal on Tuesday.

“Without her cooperation, we do not have her testimony, we do not have her testimony available in the trial against Fabian Gonzales. That dramatically impacts our ability to secure a conviction and presents significant challenges to the presentation of evidence,” District Attorney Raul Torrez said.

Moving forward, the questions still linger: Who is that fourth man accused of killing Victoria? And do Gonzales and Kelley know his identity?

With less than a month before trial, Gonzales’ attorney is still making motions.

On Wednesday, he filed a motion to exclude ‘expert gang testimony’ by two people, about Gonzales’ alleged ties to the ‘Mexicano’ who reportedly killed Victoria.

KRQE News 13 reached out to Gonzales’ attorney, Stephen Aarons of Santa Fe, but did not hear back.

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