2023-06-29 03:15:00
Miguel Franco Level did not trigger the gun with which they murdered the agent Miguel “Ruso” Auer in Neuquén. It is not even suspected that he was, at that time, on the third floor of 9 de Julio 45, crime scene. However, for the prosecution It is the key piece in the planning and organization of the assault that led to the homicide, to such an extent that His arrest aggravated the procedural situation of the other three defendants that they were in the central building.
Livello changed lawyers for the third time in three months. For just over a week it has been represented by Ricardo Mendaña and Melina Pozzer. In a hearing held this Wednesday, he achieved a small procedural triumph: they were given 10 business days their new defenders so that they can study the file and offer proof to air at trial.
The ten days are, in fact, a month: on July 10 the winter judicial fair begins, time in the judicial universe stops running, so they will have until July 26 to present their own strategy.
Telephone expertise, the central test
Jorge Sosa, designated by the prosecution as the author of the shots, with his lawyer Orpianessi. (File/Matias Subat)
Mendaña did not want to advance what your theory of the case will be, but he will surely try to weaken one of the strong parties of the tax accusation: telephone communications between Livello, Auer and the other defendants, and the location of his cell phone at key moments in the case.
as reported black river newspaperFor the prosecution, Livello (58) is the piece that makes all the others fit on the board. I knew Auer (58) since 2017, I owed him moneyand introduced him to Gabriel Castro Herrera (62), an alleged buyer of dollars.
Jorge Falconi, another of the defendants in the Auer murder. (File/Matias Subat)
It would have been the mastermind behind the murder that occurred on October 24, 2022. When Castro Herrera, Jorge Marcelo Sosa (52, autor material) and Jorge Alberto Falconi (52) were arrested, helped them pay for the defense.
change in charge
Until Livello’s arrest, which occurred last March, the trio was accused of qualified robbery followed by deathwhich has a maximum penalty of 33 years. The charge was later escalated to triple qualified homicide: for the use of weapons, for the premeditated participation of two or more people, and for having been committed to cover up another crime. The penalty is life imprisonment.
For any defender, cutting the link between the defendants is the first task. And telephone communications are among core tests. There is a reason the prosecution will summon 50 police officers and 10 experts to testify in the trial: many of them dedicated themselves to analyzing and cross-referencing calls, and viewing surveillance cameras.
The tussle for deadlines
The legal assistant Inaudi opposed the extension of the term to offer evidence. (Matias Subat)
trial by jury not yet on the calendar. Only at the beginning of August, if nothing new happens, the accusation control hearing will be held and then a date will be set.
At Wednesday’s hearing, the assistant prosecutor Guadalupe Inaudi He opposed granting more time to the new defense. Much less, the 15 days that Mendaña and Pozzer originally requested.
excuse to investigate
Gabriel Castro Herrera said that he does not have a telephone number nor did he know Auer. (Archive)
Inaudi argued that, covertly, the new defense seeks to extend the investigation, which closed on June 9. He said that upon taking office, they knew and accepted the conditions in which the file was found, and pointed out that if all the defense attorneys began to change lawyers, the terms would be infinite.
He recalled that the prolongation of time will have an impact on preventive prisons of the other defendants -Sosa, Falconi and Castro Herrera- and invoked the right of the next of kin of the victim to have an effective judicial response.
It expressed its willingness to accept that they be granted the calendar days, and with suspension of the fair. The counter would expire, in this case, on July 12.
Effective and efficient defense
Judge Mauricio Zabala granted the defense 10 business days to offer evidence. (Matias Subat)
Mendaña counterargued that in no way do they intend to extend the term of the investigation. The rationale for him was that Livello deserves an effective and efficient defense. Pozzer listed the volume of the file to be analyzed, and outlined that the prosecution intends to summon 50 police officers, 10 experts and 6 civilians to testify at the trial. Will they cite their own experts to refute them?
At the time of deciding, the Judge of Guarantees Mauricio Zabala remarked that the period to produce new tests is already closed (precluded, in legal terms) and cannot be rolled back.
That is, the new defenders will be able to discuss everything that was done, but do not propose new investigative measures.
The judge weighed the defendant’s right to an effective defense the right of victims to a quick response, and the right to the other defendants They may feel disadvantaged. They were all assigned “the same entity.”
resolved to grant him 10 days to the new defense, without enabling the fair, and with notification to the defense of the other defendants. For them, the period for presenting evidence expired yesterday.
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