Fernando’s crime: how and when could the murderers get out of jail?

2024-01-18 10:04:00

Four years following the crime of Fernando Báez Sosa, committed on January 18, 2020 in the spa city of Villa Gesell, Both the victim’s family and the young people convicted of the homicide wait with expectation for the Buenos Aires Criminal Court of Cassation to resolve the appeals. to failure. This judicial decision sentenced five defendants to life imprisonment and the other three to 15 years in prison.

The mother of the law student murdered in front of the “Le Brique” bowling alley expressed in recent posts on social networks the “distress” what he feels while awaiting the ruling of judges Mario Kohan, Fernando Mancini Hebeca and María Florencia Budiño, and He asked “that the wait does not favor” the sentenced young people.

Ciro Pertossi, Máximo Thomsen, Enzo Comelli, Matías Benicelli and Luciano Pertossi were sentenced to life imprisonment.

“I hope they favor Fernando and that it is as quick as possible because Coming through this ordeal for four years is very hard.. One has to get up every day to go to work to survive, but always keep in mind that everything can change. We have faith in Justice and in our lawyers“said Báez Sosa’s father at the end of a meeting with the Minister of Security, Patricia Bullrich.

The claim of the family of the murdered young man was amplified in different interventions by the lawyer Fernando Burlando, who heads its legal representation, along with Fabián and Facundo Améndola. On his Instagram account, Burlando pointed out days ago that “to the pain, indignation and anguish that this memory will mean” in four years, “fear of injustice” must be added. “The fear that justice will be overwhelmed. The fear of seeing it come true the worst nightmare that it means to see the murderers free“, wrote.

While waiting for the Cassation ruling, this is how the rugby players convicted of the crime of Fernando Báez Sosa live

The lawyer questioned the possibility that those convicted of the crime “are benefited by erroneous interpretations of everything seen, heard and proven during the trial“, which took place last summer in the Oral Criminal Court (TOC) 1 of the city of Dolores. “We are afraid of the decision of justice that, if so, It seems that they have seen another trial, evaluated other evidence and known another reality“said Burlando, and added: “We are terrified by the idea that justice’s view of crime will change.”

The representative of the Báez Sosa family also stressed: “We are distressed that some judge tries to alleviate the sentence of the convicted, taking as an argument some of the unrealities that the defense tried to show“. In his appeal before Cassation, both Burlando, as an injured individual, and the prosecutors who participated in the trial, requested that the life sentence be extended to the eight defendants.

Fernando Báez Sosa case: the reaction of celebrities upon hearing the verdict  once morest the rugby players
Fernando’s crime occurred in the early morning of January 18, 2020 at the exit of the “Le Brique” bowling alley.

The judges of Chamber II must decide whether to give rise to these proposals, or if they review the sentences imposed by Dolores TOC 1, as intended. defender Hugo Tomeiwho since the beginning of the investigation has questioned the legality of the process. In a hearing held on August 15 before Cassation, the defense insisted on the request to declare the illegality of the procedure for charging the hours following the arrest of the accused, and questioned the actions of prosecutor Verónica Zamboni, in charge of investigating the case, and of the judges of the Dolores Court of Appeals.

The defense also raised the alleged violation of principle of congruence of the sentence handed down last February 6, and asked that the figure of “homicide in a fight” be applied for the cases of Thomsen, Comelli, Benicelli, Luciano and Ciro Pertossi, and the absolution for Cinalli, Viollaz and Lucas Pertossi. The expectation of the ruling that Cassation must issue also occupies those convicted, who are serving their sentence in Alcaidía 3 of the Buenos Aires Melchor Romero prison, in La Plata.

When might the most complicated rugby players be released?

For the crime of Báez Sosa Ciro Pertossi (23), Máximo Thomsen (23), Enzo Comelli (23), Matías Benicelli (24) and Luciano Pertossi (22) were unanimously sentenced to life imprisonment.as co-authors of the crime of “homicide doubly aggravated by the premeditated collaboration of two or more people and by treachery in the ideal combination of minor injuries.”

Article 13 of the Penal Code indicates a minimum sentence of 35 years to life, since it is not allowed to order imprisonment for the entire life of a person. Thus, it is established as maximum 50 years in prison. Taking into account that they have already spent four years in prison, they would only be able to plan their release in 31 years. In the event that Cassation does not review the sentences, those sentenced to life They would come out at ages between 53 and 55 years old.

Judges María Claudia Castro, Emiliano Lazzari and Christian Rabaia also understood that Blas Cinalli (22), Ayrton Viollaz (24) and Lucas Pertossi (24) were “secondary participants” in the same crimefor which a sentence of 15 years in prison was applied, and they might regain freedom around 40 years old. If this happens, it must be “following a report from the management of the establishment and a report from experts that individually and favorably predicts their social reintegration.”

“Pineapples, no plans”: they revealed shocking chats of the rugby players during the trip to Villa Gesell

On the other hand, if Cassation gives rise to the defense arguments, Blas Cinalli, Ayrton Viollaz and Lucas Pertossi would be acquitted and the rugby players sentenced to life would be enabled or regarding to be able to plan their departure, since The penalty for homicide in assault or affray is two to six years. (article 95 of the Penal Code), a penalty significantly lower than that of simple homicide.

The young people continue with a isolation regime of the rest of the inmates to avoid any type of aggression, and accompany a routine of 21 hours a day of confinement and three hours of patio, with physical calisthenics exercises, and maintenance tasks, in the unit’s kitchen in some cases. The convicts are housed in pairs in four cells and due to their confinement schedule, they do not take courses or studies, and they continue to receive visits on Thursdays.

Those close to Thomsen indicated to Telam that he is “terribly worried” regarding the pressure that may be exerted on Justice “at a political and media level”, especially following the meeting of Báez Sosa’s parents with Bullrich, and that she fears that “they won’t let her act freely”. They also pointed out that almost a year following Dolores’ OCD 1 failure, they see that the young man is “more observant” and “he grew a lot internally”and that he maintains a good relationship with the prison staff and with the inmates with whom he interacts, just like the rest of his colleagues.

Four years since the murder

Call for an interreligious prayer by Fernando Báez Sosa 20240116

The parents of the murdered young man, Graciela Sosa and Silvino Báez, on this new anniversary will lead an interreligious prayer this Thursday on the steps of the Faculty of Law from the University of Buenos Aires to remember their son, and will also insist on their request for the judges of Chamber II of Cassation to issue a ruling so that “justice is done.” Besides, a mass will be held from 8 p.m. in memory of Báez Sosa in the Immaculate Conception Parish of Villa Gesell, by priest Pablo Bosisio.

Fernando’s crime occurred in early morning of January 18, 2020 at the exit of the “Le Brique” bowling alley, in the heart of Gesell, and was filmed by at least a dozen municipal security cameras and cell phones of possible witnesses. The images that quickly went viral show the moment in which the victim is beaten by the group of aggressors, which was considered key for Justice to establish the role of each of them in the incident.

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