Kelley 'really paranoid' the day Victoria was killed

Jul. 15—Jessica Kelley told jurors she had smoked methamphetamine for hours and become increasingly "paranoid" the day 10-year-old Victoria Martens was strangled and dismembered in her mother's Northwest Albuquerque apartment in August 2016.

Kelley testified all day Thursday during the trial of Fabian Gonzales on charges of child abuse, recklessly caused, resulting in the death of a child under 12, evidence tampering and conspiracy.

She said she and Gonzales had smoked meth together around midnight on Aug. 23, 2016 — the day Victoria was killed — in the apartment of Victoria's mother, Michelle Martens.

Kelley, who had been released from prison just days earlier, continued smoking meth throughout the morning, she told jurors. She said she believed God was sending her messages through a television in Martens' apartment.

"I was really, really paranoid because of the drugs," Kelley said.

Kelley also told her sister in a phone call that her ex-husband had "hacked" the television and phones and was sending her messages. Prosecutors played the phone conversation for jurors recorded just hours before Victoria's killing.

Kelley testified she first confessed to her role in Victoria's death two months after prosecutors held a televised news conference in 2018 outlining a startling new theory of the case.

Kelley acknowledged that she heard the District Attorney's news conference on television while awaiting trial at the Bernalillo County jail.

In that 2018 news conference, 2nd Judicial District Attorney Raúl Torrez announced that prosecutors believed an unidentified man had entered the Northwest Albuquerque apartment of Victoria's mother, and strangled the girl.

Torrez also revealed that neither Gonzales nor Martens had been in the apartment at the time of Victoria's killing.

Prosecutors in 2018 dropped charges of murder and criminal sexual penetration against Gonzales and Martens.

Prosecutors that year also charged "John Doe" with first-degree murder and criminal sexual penetration and other crimes. He remains unidentified.

Kelley was in the apartment at the time and testified Thursday that a "well-dressed" man with a Mexican accent entered the apartment, strangled the girl, then told Kelley that she and Gonzales need to "clean up the mess."

Kelley testified that she pulled Gonzales aside shortly after he returned to the apartment and told him that Victoria was dead. She said Gonzales went into Victoria's room, and she found Gonzales dismembering the girl.

Kelley said Gonzales had placed trash bags under the girl and was using kitchen knives to cut into her body. She said she helped clean up the scene and later asked for Gonzales' help moving Victoria's body to the bathtub.

But on cross examination, defense attorney Stephen Aarons asked her to explain why Gonzales would try to cover up a murder he didn't commit. Kelley had no answer.

Aarons also questioned why Kelley waited two years to provide a complete statement to police.

"You knew that Fabian and Michelle were charged with her murder and you didn't give your full confession for two years, right?" Aarons asked Kelley.

Kelley responded that allegations made to that point were based on "lies" told by Martens.

"All I know is, from the jump the story was wrong and lies had been made," Kelley said. "And it wasn't made by me. When I made my statement, my statement matched the facts."

Kelley, 37, pleaded no contest in 2019 to six felony charges, including reckless child abuse resulting in death and aggravated assault. She was sentenced in April to 44 years in prison but will be eligible for parole in half that time.

Aarons told jurors in opening statements that Kelley acted alone when she strangled Victoria and dismembered the girl in a failed attempt to conceal the crime. Aarons also said that, in exchange for her testimony in Gonzales' trial, prosecutors offered her a generous plea deal that will make her eligible for parole after serving 22 years of her sentence. Kelley was not sentenced as a "serious violent offender," which would have required her to serve 85% of her sentence.

Michelle Martens, 40, pleaded guilty in 2018 to reckless child abuse resulting in death. She faces 12 to 15 years in prison. No sentencing hearing has been scheduled in her case.

Martens and Kelley are required by their plea deals to testify in Gonzales' trial.

Prosecutors allege that Gonzales and Martens worked together to dismember Victoria's body and clean up the crime scene.

Aarons contends that Martens and Gonzales were not aware that Victoria was dead until Kelley burst into their bedroom and struck Martens in the face with an iron.