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On August 14, 2017, Judge Charles Brown decided that Michelle Martens would be tried first on July 29, 2018.
Gonzales would be second in October 2018 and then Kelley would go on trial in January 2019.
The victim's mother, 35-year-old Michelle Martens; her boyfriend, 31-year-old Fabian Gonzales; and Gonzales' cousin, 31-year-old Jessica Kelley, were arrested at the scene and charged with first-degree murder, child abuse resulting in great bodily harm or death, kidnapping, tampering with evidence, and contributing to the delinquency of a minor.
The New Mexico Children, Youth, and Families Department (CYFD), located in the state capital, Santa Fe, had previously received five phone calls regarding the Martens' household, mostly from Michelle Martens herself, beginning in 2015.
In late January 2017, two police spokespersons told the Albuquerque Journal that officers did investigate the referrals and stated that interviews with Victoria Martens and her mother had been conducted; however, this was revealed by the investigation to be false.