Fabian Gonzales claims right to speedy trial has been violated, wants case dismissed | KOB 4

Fabian Gonzales claims right to speedy trial has been violated, wants case dismissed

Patrick Hayes
Updated: August 12, 2020 06:43 PM
Created: August 12, 2020 06:07 PM

ALBUQUERQUE, N.M.- A man implicated in the death of 10-year-old Victoria Martens claims he has been denied the right to a speedy trial.

Fabian Gonzales was initially arrested nearly four years ago.

He was one of three people originally charged with the girl's murder.

The murder charge was dropped, but Gonzales is still charged with child abuse and tampering with evidence. 

"We knew it was going to take some time, right? From the get go-- because three defendants and all of that but had scheduled this for October 15 of 2018 and some two years and a couple months after the event, and both sides are apparently ready but a lot of maneuvering went on in the Kelley case," said Steve Aarons, who represents Gonzales. 

Aarons filed a motion to have Gonzales' case dismissed.

He claims witnesses have either disappeared or forgot what happened. 

Another motion filed by the state wants the judge to recuse himself.

Prosecutors think the judge is biased towards Gonzales.

The district attorney's office said in a statement: 

"Our office remains ready to proceed to trial on the charges against Mr. Gonzales and awaits a ruling from the court on all outstanding motions."

No hearings to address either of the motions have been scheduled. 
 


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