2023-08-07 08:30:00
Six months following the sentence handed down by the Tribunal Oral Criminal (TOC) 1 from the city of Doloresthe eight young people convicted of the crime of Fernando Baez Sosa continue to stay in the Warden III by Melchor Romero, isolated from the rest of the inmates to avoid any type of aggression, and accompany a routine of 21 hours of confinement daily with physical exercises and tasks in the kitchen of the unit in some cases, while they wait for a hearing set for nine days by the Provincial Court of Criminal Cassation, to deal with the appeals filed by the parties.
Those close to the condemned told the agency telam that both the five who received a life sentence and the three sentenced to 15 years in prison for the murder of Báez Sosa, which occurred on January 18, 2020 in the resort town of Villa Gesell, they are “calm” and “in the same conditions” of accommodation in which they were before the trialwhile serving pretrial detention.
As they specified, Maxim Thomsen (23), Enzo Comelli (23), Matias Benicelli (23), Blas Cinalli (22), Ayrton Violaz (24), y Luciano (21), Ciro (23) y Lucas Pertossi (24) they continue to be housed in pairs, in four cells located in Pavilion 6and are allowed to remain three hours outdoors.
The prison routine is divided between calisthenics physical exercisesand in some cases, with chores in the kitchen of the penal unit, located in La Plata.
If requested, they have psychological assistance and, in addition, relatives visit them once a week.
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Those close to the young people expressed telam what, six months following the ruling handed down by judges María Claudia Castro, Emiliano Lázzari and Christian Rabaia, they have “hopes” that it will be reviewed.
Expectations for the Cassation hearing for the crime of Fernando Báez Sosa
The expectation in this sense is set in the technical hearing set by Chamber II of the Provincial Court of Cassation for next Tuesday, August 15 at 11, on the first floor of the judicial headquarters located at Calle 43 al 800.
Convicts must be transferred one hour before to that site by the Buenos Aires Penitentiary Service (SPB), and will be the the first time they have been released from prison since the sentence was announced.
At the hearing, the parties involved in the trial will seek to support appeals filed at the end of February.
Lawyer Hugo Tomei’s strategy to defend rugbiers
In the case of the defense, which continues to be unified and in charge of the lawyer Hugo Tomeias from the beginning of the case, will insist before judges Mario Kohan, Fernando Mancini Hebeca and María Florencio Budiño with different proposals for annulment, and will focus on the figure of “homicide in fight” for the five sentenced to life imprisonment and acquittal for the three who received a sentence of 15 years in prison.
Judicial sources indicated that Tomei held a meeting days ago with the convicts at Alcaidía III, where they discussed the recursive strategywithout defining for the moment if any of them will testify at the hearing.
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The defender will insist on the request to declare the “illegality” of the procedure in which the young people were arrested on the morning following the crime, and in the questioning of the investigations and the search of the house they rented in Villa Gesell.
Fernando Burlando’s strategy once morest rugbiers
At the hearing, the Public Prosecutor’s Office and the private prosecution representing the victim’s parents, headed by Fernando Burlando and Fabián and Facundo Améndola, who asked that life imprisonment reach the eight young peopleconsidering it proven that Cinalli, Viollaz and Lucas Pertossi had the same degree of responsibility as Thomsen, Comelli, Benicelli and Luciano and Ciro Pertossi in the crime that occurred in front of the Le Brique nightclub.
In the case of the individual victim, they will insist on questioning the sentence “due to lack of logic in the foundation and false motivation in determining the moment in which the homicidal intent is verified”, as well as in the “selection and evaluation of the evidence to understand as secondary the participation of the condemned” Cinalli, Lucas Pertossi and Viollaz.
The lawyers for Graciela Sosa and Silvino Báez described the court’s conclusion that these three young people were secondary participants and not perpetrators of the crime as “incoherent” in their appeal.
“At no time does the Court explain how it came to conclude that the initial plan included only beating Fernando Báez Sosa and not, as we understand from the prosecution, causing his death,” they added.
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