Without plea deal, DA believes Victoria Martens case is hampered
September 25, 2018 06:01 PM
ALBUQUERQUE, N.M. - A judge has rejected a motion to reconsider a plea deal for Jessica Kelley, a prime suspect in the murder of 10-year-old Victoria Martens.
Jessica Kelley was in court Tuesday morning as prosecutors asked the court to reconsider her plea deal that would allow her to testify against the other defendants in the case including her cousin, Fabian Gonzales, who is charged with various crimes including child abuse resulting in death.
That request was denied by District Court Judge Charles Brown.
Judge Brown had already rejected the deal earlier this month saying prosecutors didn't effectively make their case after asking Kelley about the night of the murder.
According to Kelley, she let an unknown man inside the apartment who was looking for Gonzales. She says that man then killed Victoria as gang retaliation against Gonzales.
Judge Brown said that wasn't enough for the charge of child abuse resulting in death because Kelley did not know what was going to happen.
Prosecutors will not be able to use any of Kelley's testimony against Gonzales.
"That dramatically impacts our ability to secure that conviction and presents significant challenges to the presentation of evidence," said Bernalillo County District Attorney Raul Torrez.
Gonzales' trial is set to begin in October and Kelley's trial is slated for January.
The prime murder suspect has not been identified or arrested for Victoria's murder.
"The presence of male DNA on her body, in specific locations, including around her neck suggests that whoever this unknown assailant was, bears primary responsibility for that death."
Updated: September 25, 2018 06:01 PM
Created: September 25, 2018 06:33 AM
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