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A.J. Gonzalez returns to the courtroom

A.J. Gonzalez, accused of sexually assaulting and killing 8-year-old Maddy Middleton in 2015, was back in a Santa Cruz courtroom, Monday.

His arraignment has been moved to May 14th, after his lawyer asked the judge for a continuance. They are planning to appeal a judge’s 2017 decision to try Gonzalez, now 18-years-old, as an adult. Ted Fairbanks says they need more time to file their information into a new electronic system. “To get everything in the correct format that the court will accept it, will take several hundred man-hours.”

Santa Cruz Superior Court Judge, Timothy Volkmann, said he understands these logistical challenges, and granted the six-week continuance.

Fairbanks told reporters, Monday, they are not doing this to delay the case. “I gave the judge and District Attorney our assurance that once it is done we will file it. We have nothing to gain by waiting more than we already have come.”

Santa Cruz County District Attorney, Jeff Rosell, is not surprised the case keeps being pushed back. “Delays typically in the criminal justice system are not unusual, there are some new procedures in
place here.”

However, he believes Gonzalez will still be charged as an adult. “The facts, we think, are overwhelmingly in favor of it. And so we don’t think that the writ will be met with any success.”

The defense says while success is not guaranteed, issues with the ruling in October must be addressed.

“We have some very good issues that we have raised. There were errors of law and of fact in judge Salazar’s ruling,” Fairbanks said.

Rosell pulled the Middleton family aside before Monday’s decision was announced, letting them know ahead of time. “Delay is always something that is of concern to the family members and the community as well as the office. But in certain instances as you heard from the court, there is good cause, which I do in this instance believe that there was.”

Gonzalez was arrested in 2015 after Maddy’s body was found in a recycling bin at the Tannery Arts Complex in Santa Cruz. If convicted, he could face life in prison.

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