close
close

Judge rejects request to move trial for release of Adrian González from Santa Cruz

Summary

Judge Denine Guy on Thursday denied a motion to change the venue for a jury trial to decide whether Adrian “AJ” Gonzalez, who raped and murdered 8-year-old Madyson “Maddy” Middleton nine years ago, will be freed when he is released from California's juvenile detention center on his 25th birthday in October.

The jury trial to determine Adrian “AJ” Gonzalez's release will continue in Santa Cruz County after a judge denied his attorney's request to change the venue on Thursday.

Gonzalez raped and murdered 8-year-old Madyson “Maddy” Middleton nine years ago, when he was 15. He was tried as a juvenile in 2021. This came after a years-long battle over a California law that prohibits offenders under 16 from being tried as adults. Middleton was his neighbor at the Tannery Arts Center in Santa Cruz.

On Thursday, Judge Denine Guy denied a request from Santa Cruz County Assistant Public Defender Athena Reis to move the case to another venue, arguing that she could not prove that González could not receive a fair and impartial trial.

Reis argued that due to the seriousness of the crime, public attention and outrage, and “extensive media coverage,” a fair trial by jury in Santa Cruz County was not possible.

Guy argued that Reis did not prove there was extensive media coverage, saying there were actually years when there was no or very little coverage due to delays in the trial of the case. Guy also argued that Middleton's murder happened long enough ago that potential jurors may not know about the case or remember the details.

Gonzalez, now 24, has been serving a sentence in the juvenile justice system since his conviction in 2021. Because Gonzalez was 15 at the time of the murder and a recently enacted California state law (Senate Bill 1391) prohibited the prosecution of people under the age of 16 as adults, he was charged as a juvenile. The law also required him to be released before his 25th birthday, later this year.

In May, Santa Cruz County Assistant District Attorney Tara George challenged his release on the grounds that he continued to pose a threat to public safety. On August 6, Guy said George had a reasonable suspicion for a jury trial and ruled that his release would be subject to a jury trial.

During the jury trial, George must prove beyond a reasonable doubt that Gonzalez cannot be released.

If the jury agrees, he would remain in state custody for another two years. After that, he could be released again unless the prosecution appeals again and is successful.

Jury selection for his release trial begins Monday.

Have something to say? Lookout welcomes letters to the editor in accordance with our guidelines. Guidelines can be found here.