Jury will see photos of Victoria Martens' body

Dec. 17—A judge will allow jurors to view dozens of photos of 10-year-old Victoria Martens' burned and dismembered body when a trial begins next month for a man charged in connection with her 2016 death.

Attorneys at a hearing Thursday sparred over the large number and graphic nature of the photos that prosecutors plan to introduce as evidence in the trial of Fabian Gonzales.

Gonzales, 37, is charged with reckless abuse of a child resulting in death, eight counts of tampering with evidence and one count of conspiracy in connection with Victoria's strangulation death.

Prosecutors allege Gonzales had ties to a violent Albuquerque gang and put Victoria in a "dangerous environment" by using and selling methamphetamine at the Martens' apartment, according to court records.

The danger increased after a woman at a barbecue "beat up Gonzales," leading to an escalating conflict that ultimately led to a stranger entering the apartment and killing Victoria, prosecutors allege.

The 2nd Judicial District Court trial is scheduled to begin Jan. 3 in Albuquerque.

Gonzales' attorney, Stephen Aarons, argued that showing a large number of the gruesome photos at Gonzales' trial would prejudice the jury against him.

"These would upset any normal human being," Aarons said of the photos, which he called "highly inflammatory."

"It's clear that somebody tampered with the body and this doesn't help the jury figure out who," Aarons said. "The question is, 'Who did this?'"

Prosecutors offered about 60 photos of the girl taken by the Office of the Medical Investigator. They include photos of the contents of a bag containing Victoria's dismembered arms, her heart and other organs, in addition to deep cuts, burns and other injuries on the girl's body.

"We're going to lose the jury," Aarons said. "They are not going to be able to base their opinion on evidence."

Deputy District Attorney Greer Rose said she agrees that the photos are inflammatory, but argued that it is necessary for jurors to view them.

The photos are "highly relevant" because the tampering charges allege that Gonzales dismembered Victoria's arms and removed her organs, Rose said.

"The jury needs to understand exactly what happened to her," she said.

Investigators also found male DNA under Victoria's fingernails on both her hands from "scratching at a male," Rose said. Prosecutors must show jurors photos of the girl's hands to put the DNA evidence into context, Rose said.

Judge Cindy Leos said she will allow jurors to view dozens of the photos of Victoria's remains. Leos excluded several photos that Aarons argued duplicated others.

"This is going to be tough for the jury to see," Leos said of the photos. "I recognize that it is going to be difficult for the jury, but it is relevant. The state will still have to prove that tampering took place."

The photos also demonstrate the enormous effort spent trying to conceal Victoria's killing, Leos said.

The OMI photos are only a portion of the evidence defense and prosecution attorneys presented at the hearing, held to determine what evidence can be presented to jurors.

Other evidence includes screenshots from Gonzales' Facebook page, text messages, cellphone records and crime scene photos of the Albuquerque apartment where the girl was killed.

Leos excluded a Facebook profile of Gonzales that showed him wearing a mask and holding a gun.

Aarons argued, and Leos agreed, that the photo was prejudicial because Gonzales is not charged with murder in Victoria's death, and no gun was involved in the killing.

Rose said prosecutors intend to show that Gonzales helped create a "dangerous environment" for Victoria in the days and weeks before she was killed.

Gonzales is the last of three defendants facing charges in connection with the death of Victoria, whose burning body was found by Albuquerque police in a West Side apartment complex in August 2016.

Two other defendants, Jessica Kelley and Michelle Martens, Victoria's mother, have accepted plea deals and are scheduled for sentencing in February.

Kelley pleaded no contest to child abuse recklessly caused resulting in death, tampering with evidence and aggravated assault. She faces 50 years in prison.

Michelle Martens pleaded guilty to child abuse recklessly caused resulting in death. Her plea deal calls for her to serve 12 to 15 years in prison.

Gonzales originally was charged with murder, criminal sexual penetration of a minor and other charges.

But the case was upended in June 2018 when District Attorney Raúl Torrez announced that Gonzales and Michelle Martens were not in the apartment at the time Victoria was killed. The murder charge against Gonzales was based on a false confession by Michelle Martens and was "simply not true," Torrez said.

Prosecutors also indicted "John Doe" for first-degree murder and other charges based on DNA evidence found on Victoria's back. John Doe remains unidentified.