KOB Web Staff
Created: July 30, 2020 12:12 PM
ALBUQUERQUE, N.M. — Deputy District Attorney Greer Rose has requested that Judge Charles W. Brown step down from the Victoria Martens case.
"The State believes that the appearance of the Court's bias against the State and advocacy for Defendant has so tainted this proceeding that it is impossible for the public to have confidence in a fair trial for both parties," states the motion filed Wednesday.
Fabian Gonzales, one of the main suspects in the brutal 2016 death of 10-year-old Victoria Martens, was released from jail in November 2019. He faces charges of child abuse and tampering with evidence.
Judge Brown had denied a motion from the state for pretrial detention for Gonzales, saying the state didn't prove he's a danger to the community.
Just last month, Gonzales had a court hearing for allegedly breaking his conditions of release.
According to court documents, Gonzales was recently evicted and told his supervising officer that he would be staying at motels until he could find a new residence.
A few days later, staff with Healthcare for the Homeless reported that Gonzales had been at their facility with his girlfriend and her children. One of his conditions of release is that he is not to have contact with anyone under 18 without supervision by another adult.
At the most recent hearing, Brown ruled against revoking Gonzales' conditions of release. He also modified the conditions – giving Gonzales permission to leave the county during work hours and to be in the presence of children.
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