Menu
New Mexico News Port
Journalism and Innovation from The University of New Mexico
  • Creative NM
  • Curious NM
  • Enjoy NM
  • Green NM
  • Justice NM
  • Healthy NM
  • NM Voices
  • Political NM
  • Raising NM
  • About Us
Close Menu
attorneyoffice
November 1 2017

Victoria Martens’ Grandparents, APD Face Off in Federal Court

Justice New Mexico

By Naydeen Dajani & Haneen Khatib/ NM News Port

The grandparents of 10-year-old Victoria Martens, the Albuquerque girl who was raped, murdered and mutilated last year, have filed a  lawsuit against the Albuquerque Police Department. The civil suit alleges that Victoria Martens’ death could have been prevented had APD followed up on a referral from the New Mexico Children, Youth and Families Department in March 2016.

Court document of the complaint that Victoria Martens’ Grandparents filed against APD. (Naydeen Dajani/ NM News Port)

 “I do believe it is a very strong case. You have to understand there is a theory, the legal word is ‘cause of action,’ where they follow up—and they didn’t do that,” defense attorney Robert Gorence said in an interview Sept. 12.

Representatives at CYFD claim that Michelle Martens had broken up with her boyfriend that had attempted the alleged kiss on Victoria.

“When we get more answers, then we can get started with the exchange of information and can take sworn statements from potential witnesses,” said Gorence.

Court documents that the city recently filed claimed that a nurse had informed APD about the alleged kiss, instead of family members that had known.

Martens’ grandparents are seeking help from Gorence & Oliveros attorney office with their lawsuit for their granddaughter’s death. (Naydeen Dajani/ NM News Port)

According to APD an attempted kiss is not a crime, therefore no investigation was needed.

On September 15th a list of potential witnesses for the trial was released with nearly 100 names on it. Most of the names on the list were cops and neighbors of the Martens.

The death of Victoria Martens was discovered by APD in August 2016. In the criminal case now making its way to trial, police say the girl was drugged, raped and violently murdered on the night of her tenth birthday. In addition, her body had been set on fire and was found in her home bathtub. There are three defendants in the criminal case including Victoria’s mother, Michelle Martens, who allegedly was a willing participant in the act carried out by her alleged boyfriend Fabian Gonzales and his cousin Jessica Kelley. Michelle lost custody of her son, and, Victoria’s brother, who now lives with his father, Jason Oetting.

In the ensuing investigation, it was found that the state CYFD had previous contact with the Martens five months before the murder. Michelle’s previous boyfriend was accused of kissing 10-year-old Victoria five months before her death.

Paul Skotchdopole of the Civilian Police Oversight Agency said the result of the investigation into the previous contact was that an APD officer lied to the media saying the alleged kiss was investigated, when in fact it was never followed through with. APD had to retract the statement and punished a communication officer for it.

Paul Skotchdopole from the Civilian Police Oversight Agency investigated the accusations against APD. (Haneen Khatib/ NM News Port)

Some local attorneys are debating the merits of the civil case filed by the grandparents.

Criminal defense lawyer Ousama Rasheed of Rasheed & Associates, says the suit doesn’t prove that Victoria’s death could have been prevented.

“I do not think that the case will resolve in their favor,” Rasheed said.

But Rasheed also said some good can come from the civil action. He credits Bowles, Gorrence and Sanchez for filing the civil suit for the right reasons —  raising awareness to prevent cases like this in the future.

“There are lawyers who want to bring about social change,” Rasheed said. “If they make a big deal about Victoria Marten’s case not being investigated, then APD is not going to make that mistake again, you would hope, in the future.”

Rasheed also said the case could benefit Victoria’s half brother because, if it is successful, he would be entitled to any monetary payout for pain and suffering.

“What people don’t understand is the grandparents get nothing out of this,” Gorence said.

The civil lawsuit has been moved to federal court and is awaiting trial.

For more follow Naydeen and Haneen on Twitter.

‘Regardless of my situation,’ NM youths overcome challenges to graduation APD Forward Defends Federal Monitor Overseeing ABQ Police Reforms

Related Posts

Los Duranes

Raising New Mexico, Top story

Community centers giving kids “sense of normalcy” amid pandemic

By Manuel Romero / NM News Port  With COVID-19 case numbers surging across the state, most children find themselves at home trying to learn from virtual classrooms.  But for some school kids, Albuquerque’s community centers are their homebase.  City of Albuquerque Community Services Division Manager Cristin Chavez-Smith said that these distance-learning programs provide a […]

CDC guidance for homeless shelters

Healthy New Mexico, Top story

City pays local hotels to shelter COVID-19 patients

By Alika Medina / NM News Port With the striking rise in the number of COVID-19 cases  this fall, the city of Albuquerque has turned to some local hotels to keep vulnerable residents safe and quarantined.   Since July, the city has been renting hundreds of rooms in several local hotels to provide isolation for people […]

apd_logo

Justice New Mexico, Top story

APD report reveals systemic failures in police reform

By Ludella Awad / NM News Port An independent monitor overseeing the Albuquerque Police Department’s reform process concluded that police reform efforts have failed and aren’t likely to improve until APD “shoulders its burden” to take responsibility for violations of policy and training. In the Monitor’s Twelfth Report released by court-appointed monitor James Ginger, the […]

News Port Named Best Independent Online Student News Site!

photo of award certificate

Congratulations to News Port! The judges for the Society of Professional Journalists’ Mark of Excellence Awards named this site its “Best Independent Online Student Publication” for 2019. Read about our exceptional regional and national honors! 

SUPPORT THE PORT!

Can you believe we just turned 5 years old?! If you’d like to help us get to age 10, please support The Port! You’ll help grow student reporters committed to high quality, ethical journalism for New Mexico.  Donate to the Fund for Journalism Innovation at the UNM Foundation!

Search the News Port Archives

@NMNewsPort on Twitter

Tweets by @@NMNewsPort

How are you experiencing COVID-19? We want to hear from you.

Help us report on the coronavirus outbreak by sharing a tip or personal story. We’ll never identify you without your permission.

FEATURED PARTNER

Check out our news partner New Mexico In Depth and their coverage of criminal justice, politics and other statewide issues.

FEATURED PARTNER

Searchlight New Mexico is a non-partisan, nonprofit news organization dedicated to investigative reporting and innovative data journalism.

FEATURED PARTNER

Visit the venerable Daily Lobo, our reporting collaborator on issues that affect the University of New Mexico.

Back To Top
New Mexico News Port
Follow, Share and Engage with NM News Port!
  • Twitter
  • Facebook
  • Instagram
  • YouTube
  • Pinterest
  • Creative NM
  • Curious NM
  • Enjoy NM
  • Green NM
  • Justice NM
  • Healthy NM
  • NM Voices
  • Political NM
  • Raising NM
  • About Us
Comodo SSL
New Mexico News Port is an independent journalism lab based at the UNM Communication and Journalism Department. Our mission is to support the state's local news ecosystem through innovation, collaboration and publication -- with students. Contact: nmnewsport@gmail.com