Defense wants suspected child murderer's trial moved from Albuquerque | KOB 4
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Defense wants suspected child murderer's trial moved from Albuquerque

Kai Porter
December 06, 2018 05:20 PM

ALBUQUERQUE, N.M.— Defense lawyers for the woman accused of killing 10-year-old Victoria Martens want the murder trial moved out of Albuquerque.

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"There have been several instances of prejudicial, pre-trial publicity in this case,” said Kelley’s defense attorney, Nicholas Hart.

The defense claims that statements made by prosecutors and public officials, combined with extensive media coverage of Victoria's murder, means Kelley won't get a fair trial in Albuquerque.

"The coverage has demonized Ms. Kelley," Hart said.

The defense claims the media has reported on evidence -- like statements made by Kelley -- that won't be allowed in the trial.

"Once the cat is out of the bag, Your Honor, we can't put it back in,” Hart said. “Once that evidence is out there and once it's been seen by the public, the courts often presume prejudice because we can't take that back."

Before prosecutors could respond, Judge Brown disagreed, saying he feels it's possible to find a fair and impartial jury to hear the case.

However, the judge deferred ruling on the motion Thursday.

He also deferred his ruling on another motion filed by prosecutors that asked him to allow the jury to tour the apartment where Victoria was murdered.

Kelley is set to stand trial on January 7th.

Victoria's mother, Michelle Martens, and her boyfriend, Fabian Gonzales are also charged in the case.

Martens took a plea deal earlier this year on a child abuse resulting in death charge. She faces up to 15 years in prison.

Gonzales faces a trial on child abuse and tampering with evidence charges. 

The District Attorney's office says the killer, an unknown man only identified from DNA evidence, is still out there.

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Kai Porter

Copyright 2018 KOB-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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