Michelle Martens, the girl’s mother, Fabian Gonzales, the mother’s boyfriend, and Jessica Kelley, the boyfriend’s cousin, are charged jointly in the rape and murder of the 10-year-old girl.
Prosecutors said attorneys for Gonzales and Kelley agree that the cases should be handled separately.
Gonzales’ attorney Tom Clark said the motion is a “Formality,” and that all parties agree the trials should be severed.
The statement also implicates Gonzales and Kelley, and would “Cause undue prejudice” to them, and would “Result in reversible error.” Holmes said prosecutors also intend to introduce an admission by Gonzales, which would raise the same issues at a joined trial.
“Don’t use the defendant’s statement at all and keep the two defendants joined,” Patrick said, “Or sever the two defendants’ trials so you can still use the one defendant’s statement against him or her in trial.”
Holmes also filed a request Wednesday asking that Martens go to trial first, followed by Gonzales, and last Kelley.
Patrick said the trial order is based on “Logistical and evidentiary concerns in the case as it is currently developing.”