The series of rugby players convicted for the crime of Báez Sosa is underway: who refused to participate

After Máximo Thomsen, one of the eight young people convicted in the case of Fernando Báez Sosa, broke his silence and spoke to a television camera, it was revealed that four other members of the group have chosen to participate in a series that will recount the murder of the young man.

This will be a documentary divided into chapters that will be released in March 2025 and has recently begun filming with interviews of the four rugby players who agreed to be part of the project created by a Chilean producer.

Also read: Matías Benicelli requested, “that Fernando’s death be remembered as that of a martyr.”

TN discovered that Máximo Thomsen, Matías Benicelli, Lucas Pertossi, and Ayrton Viollaz declined to participate in the filming which would be promoted by Hugo Tomei, the lawyer who represented the entire group during the trial, aiming to legitimize the defense he presented during the oral proceedings.

According to information provided by a source close to one of the rugby players who opted out, the series is produced by Fábula, which has already sold the rights to Netflix. Alejandra Sarmiento, the representative of Fábula in Argentina, was responsible for the initial filming and contacting the parents of the young men to invite them to be part of the audiovisual project.

The eight rugby players during the trial for the crime of Fernando Báez Sosa (Photo: Diego Izquierdo / Télam).

One of them asked Sarmiento to ensure that no one would mention their son during the documentary. “Initially, he said he would allow it, but later he changed his mind, arguing that the others would target those who did not participate,” they explained to TN.

The parents of those who will not appear on screen fear that the space will be used to defend the legal strategy employed by Tomei. According to the same source, the production does not aim to focus on the events that transpired on the tragic night when Báez Sosa was beaten and murdered, but rather on the alleged “judicial arbitrament” faced by the accused during the legal proceedings.

Also read: What is Máximo Thomsen’s daily life like in Melchor Romero prison?

This perspective is not shared by all those convicted or their families. “We want the truth to come out, and the truth is far from what the series proposes,” stated this individual.

One by one, the sentences for the eight rugby players convicted of the crime

On February 6, 2023, Justice convicted the eight rugby players accused of the murder of Báez Sosa, who was killed by beatings and kicks during the early hours of January 18, 2020, outside the Le Brique nightclub in Villa Gesell.

The judges of the Oral Criminal Court 1 of Dolores, María Claudia Castro, Emiliano Lázzari, and Christian Rabaia, sentenced Thomsen, Ciro Pertossi, Enzo Comelli, Matías Benicelli, and Luciano Pertossi to life imprisonment. Meanwhile, Ayrton Viollaz, Blas Cinalli, and Lucas Pertossi received sentences of 15 years in prison.

In March of this year, the Court of Cassation reviewed the ruling of court No. 1 of Dolores and upheld each of the sentences, but made a modification: the eight young men were convicted of homicide aggravated by the premeditated participation of one or more treacherous individuals, but the judges determined that this could not be established during the investigation.

After Máximo Thomsen, one of the eight young people convicted for the brutal murder of Fernando Báez Sosa, broke his silence on television, it was disclosed that four other members of the group have decided to participate in a new documentary series. The documentary will narrate the events surrounding the tragic murder of the young man and is set to be structured in multiple chapters. It is scheduled for release in March 2025, with recording having commenced recently through interviews with the four rugby players.

Also read: Matías Benicelli asked “that Fernando’s death be remembered as that of a martyr”

According to a report from TN, Máximo Thomsen, Matías Benicelli, Lucas Pertossi, and Ayrton Viollaz declined to take part in this production, which is being promoted by Hugo Tomei, the lawyer who represented the entire group during their trial. Tomei may be attempting to legitimize his defense strategies from the trial through this series.

The series is produced by the Chilean company Fábula, which has reportedly secured a distribution deal with Netflix. Alejandra Sarmiento, Fábula’s representative in Argentina, is overseeing the initial stages of filming and has been in communication with the parents of the convicted players to invite them to participate in the project.

The eight rugby players during the trial for the crime of Fernando Báez Sosa

The parents of the players who opted out of the documentary have expressed concern that the series may be used to defend Tomei’s judicial strategy. It appears that the production will not focus on the harrowing events of the night when Báez Sosa was killed; instead, it is expected to highlight alleged “judicial arbitrariness” faced by the accused during their legal proceedings.

A source close to one of the rugby players who did not participate mentioned that one of them requested assurances that their son’s name would not be mentioned in the documentary. Initially, there was an indication that this would not be a problem, but it later changed, citing concerns over potential backlash from other players.

Also read: What is Máximo Thomsen’s day-to-day life like in Melchor Romero’s prison?

Contrarily, not every convicted player or their family agrees with this portrayal; one individual involved asserted, “We want the truth to come out, and the truth is far from what the series proposes.” This highlights the tension and differing perspectives surrounding the case and its aftermath.

Sentencing Details for the Convicted Rugby Players

On February 6, 2023, justice was served when the eight rugby players accused of murdering Fernando Báez Sosa faced the court. The judges from the Oral Criminal Court 1 of Dolores: María Claudia Castro, Emiliano Lázzari, and Christian Rabaia, delivered life sentences to the following players:

Player Name Sentence
Máximo Thomsen Life Imprisonment
Ciro Pertossi Life Imprisonment
Enzo Comelli Life Imprisonment
Matías Benicelli Life Imprisonment
Luciano Pertossi Life Imprisonment
Ayrton Viollaz 15 Years
Blas Cinalli 15 Years
Lucas Pertossi 15 Years

Furthermore, in March 2023, the Court of Cassation reviewed the original ruling from Court 1 of Dolores. They upheld all sentences but clarified that while the offense was established, it could not be determined definitively during the investigation phase whether the actions constituted premeditated homicide or any other designation.

The Social and Legal Implications of the Documentary

The anticipated release of this documentary series not only sheds light on the personal narratives of the convicted players but also raises significant questions about public perception and representation in media of criminal cases. The legal community and the wider public are debating the potential impact of such portrayals on the justice system and societal understanding of violent crimes.

As the production gears up for release, there are ethical considerations regarding the rights of victims and the portrayal of justice. This case illustrates the complexities involved when criminal cases become entertainment, especially concerning the sensitive nature of the homicide that has left an indelible mark on the community.

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