ALBUQUERQUE, N.M. — A 2nd Judicial District Court judge denied a motion to put a man tied to a grisly child killing back in jail. Instead, Judge Charles Brown eased pretrial release conditions on Fabian Gonzales to allow him to work outside Bernalillo County and to be unsupervised around children. Gonzales will now be allowed…

Court of Appeals unanimously affirms Judge Brown’s decision to release Fabian Gonzales

The jury acquitted Rachel Smith in the death of an infant she was babysitting.

SANTA FE — A woman who was acquitted of killing an infant at a Santa Fe motel in March 2017 got credit for time served while awaiting trial for convictions on lesser charges and will no longer be incarcerated. In a trial that began in June, Rachel Smith, 27, was found not guilty of child…

Rachel Smith walks out of court after being acquitted of child abuse resulting in death in District Court on Wednesday, July 3, 2019. Luis Sánchez Saturno/The New Mexican Angel Arellano, mother of Jonathan Valenzuela, cries in district court on Wednesday, July 3, 2019, as the jury read a not guilty verdict for Rachel Smith for…

“It would be extremely difficult, if not unethical, for the state to go forward with the trial at this point without setting our minds at ease that we do indeed have the right person in the courtroom”

Gonzales’ attorney Stephen Aarons filed a response asking the court to dismiss the appeal and send the case back to the District Court for trial.

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