New Mexico Governor Susana Martinez continues to call for an immediate repeal of New Mexico bail reform – today taking to Facebook to criticize the Arnold Foundation algorithm that, had it been in place, would have likely released Victoria Marten’s killer based on her “low risk score of 2.”
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From the Governor’s Facebook Page…
Should one of Victoria Marten’s killers be released from jail? Had the current “catch-and-release” system been in place at the time of her murder, Victoria’s mom would likely be free right now. That tells you how bad this new catch-and-release system is and why it must change.
Let me explain.
Last year, voters approved a constitutional amendment that they were told would make our streets safer. But, because judges chose to misinterpret the will of voters, we are less safe. Even one Democratic lawmaker is calling the vote a big mistake.
To apply the new amendment, judges created rules and a scoresheet to determine if an accused criminal can be let back out on our streets. Using the judges’ Arnold Tool, Michelle Martens would have only scored a 2, making it very likely that she would be free today.
That’s why I’m calling for lawmakers to end the dangerous catch and release system.
RELATED:
Autopsy Results Show New Mexico Girl Was Raped and Strangled on Her 10th Birthday, Had STD at Time of Her Death
(reported by KTLA 5 – Jan 11 2017)
Victoria Martens, the 10-year-old New Mexico girl who was allegedly raped and killed as her mother watched, was strangled to death on her birthday before her remains were mutilated last August, according to a newly released autopsy report.
The autopsy, obtained by Albuquerque television station KOAT on Tuesday, also revealed a number of other disturbing details in the horrific and heartbreaking case.
The autopsy was conducted two days after she was killed, but the report was not released until months after the girl’s death. The report took longer than normal because of the state of the victim’s body, the medical examiner’s office told KOAT.
According to the report, Victoria’s body showed signs of sexual abuse prior to her death. She also tested positive for human papillomavirus — also known as HPV — a sexually transmitted disease.
After being strangled, her body was dismembered and burned. She was found to have multiple abrasions and contusions to her head and neck, and her spine had been fractured.
Some of her organs, including her heart, had been removed from the body, and were found in a plastic bag in a laundry basket at the crime scene, according to the report.
(The autopsy report contains extremely graphic and disturbing details. The full report can be found by clicking here.)
Michelle Martens — Victoria’s mother — previously told investigators that the child was given meth to “calm her down.” But toxicology tests showed no evidence of drugs, according to the report. However, the tests did reveal that she had enough alcohol in her system to “cause cognitive and physical impairment.”
Martens is one of three people charged in her daughter’s killing. The other two are the mother’s boyfriend, Fabian Gonzales, and his cousin, Jessica Kelley.
According to the criminal complaint, Gonzales raped Victoria before she was strangled and stabbed.
As Martens watched, Kelley “held her hand over” Victoria’s mouth during the sexual assault, the complaint said. According to the document, “Michelle stated she watched this … happen for sexual gratification.”
Victoria had begged them to stop as she was being tortured, according to police documents. But Martens allegedly continued to watch and did nothing while her daughter was being killed.
Gonzales also told investigators that he had sex with Victoria “shortly after the child was deceased,” according to a search warrant.
New Mexico Bail Reform, Risk Assessments, and Pretrial Services
- ZERO Accountability
- ZERO Deterrent
- ZERO Supervision
- ZERO concern for victims
- ZERO Bail…just a “pinky promise” to return
- Bail Reform – Dangerous, Reckless, and a Taxpayer Burden
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You’ve been LIED to New Mexico…NM Bail Reform is RECKLESS, DANGEROUS, and YOU are PAYING for it.
Defendants are presumed innocent until proven guilty in a court of law.