Torrez said this proves Martens and Gonzales were not present when the murder and rape occurred.[3] Subsequently, Torrez announced nine of the charges against Fabian Gonzales including second-degree murder and criminal sexual penetration were dropped.[2] Gonzales still faces a series of charges including child abuse resulting in death and tampering with evidence.[2][3] Michelle Martens is believed to have falsely confessed to actively participating in the murder.[2] The plea bargain guarantees Martens will face 12–15 years in prison; however it is possible she could have her sentence cut in half since the charge is not classified as a serious violent offense.[3][2][3] Michelle Martens will be sentenced after the conclusion of Gonzales' and Kelley's trials.[3]