Christine Martinez, the Manzanola woman accused of attempting to kill her two young children before placing them in her vehicle and driving off a bridge into the Arkansas River, appeared in Otero Combined Court on Tuesday for a pre-trial conference.
During the proceedings, Public Defender Raymond Torrez asked the judge to drop the requirement that Martinez be subject to GPS monitoring while out on bond.
Torrez said in his motion that Martinez does not pose a threat to her children given that a protection order already in place prohibits her from having contact with them.
The defense previously argued that the prosecution's access to Martinez's location data could be detrimental to her case, as she was slated to meet with psychologists in the Denver area for analysis and treatment for what were described as mental health issues.
In granting the motion, Judge Mark MacDonnell said Tuesday that GPS monitoring does not provide additional protection for Martinez's children.
The prosecution, District Attorney Jim Bullock and Chief Deputy District Attorney Andrew Hayden, said that data from GPS monitoring could be used as evidence in the event that Martinez took further action against her children, although the prosecution ultimately agreed with the judge that the GPS monitoring was not necessary.
The prosecution did raise the potentiality of assigning a guardian to Martinez's children.
Also Tuesday, Torrez asked for court files related to a dependency and neglect case involving Martinez, which is still sealed by the court because it involves minors. Torrez argued files related to that case could impact Martinez's defense in this one.
MacDonnell said Torrez should be able to access the requested files directly through his client, as she has full access to them.
Following discussion, the court ordered that further motions be suppressed to writing.
An additional motions hearing was scheduled for July 17, a preliminary hearing is scheduled for Aug. 21.
Martinez faces four counts of attempted first degree murder, two counts of assault in the first degree, two counts of child abuse and first degree arson, according to a redacted 16th Judicial District Court affidavit that was unsealed following filing of charges.
According to the children’s testimonies in the affidavit, Martinez woke them in their bedroom, which they shared, by throwing a pillow case over one of their heads and stabbing them with what was described as a kitchen knife.
Martinez then attempted to set their mattress on fire, said the affidavit. When the home’s smoke alarm went off, Martinez is alleged to have said, “It’s time to go.” She then gathered the children and placed them in the back seat of her SUV.
From there, Martinez traveled along CO 207 until she reached the Arkansas River, at which point she drove off the bridge. The vehicle traveled down an embankment, hit a flood control barrier and traveled about 50 feet through the air before landing top-down in the middle of the river, according to a crime scene analysis contained in the affidavit.
A witness to the crash called 911, and Martinez and her children were rescued and transported for medical care. Martinez was arrested following her release from the hospital.