04/13/2021 4:13 PM
Clarín.com
Police
Updated 04/13/2021 4:13 PM
The lawyers representing the family of Fernando Báez Sosa, the young man beaten to death in Villa Gesell on January 18, 2020,
decided not to appeal
the dismissal of Alejo Milanesi.
This is one of the
rugby players accused
of the crime, who was going to trial in freedom, after having been released from prison in February 2020 together with Juan Pedro Guarino (dismissed two months ago).
However, last Wednesday the Dolores Appeals Chamber resolved to dismiss him, by majority.
On the other hand, the defense of the accused will insist before Cassation with the nullity of the request of elevation to trial.
"In the specific case of Milanesi, we understood that her situation could be defined in an oral trial, because we saw that there was no negative certainty", explained to Télam
Fernando Burlando
, who heads the complaint together with Fabián Améndola.
Mass in homage to Fernando Báez Sosa in the place where he was attacked by a group of rugby players Photo: Fernando de la Orden
And he added: "If the Chamber, as a higher court, thinks that,
we are going to get here
safely."
The lawyers representing Fernando's mother and father had made a private accusation so that Milanesi's situation (19) was defined in an oral trial.
They had done so after the prosecutor in the case, Verónica Zamboni, requested his dismissal along with another of the defendants, Juan Pedro Guarino (19), in his request to be brought to trial.
Zamboni considered that the only ones who should face an oral debate are
the other eight rugby players
: Máximo Thomsen (20), Ciro Pertossi (20), Luciano Pertossi (19), Lucas Pertossi (21), Enzo Comelli (20), Matías Benicelli ( 21), Blas Cinalli (19) and Ayrton Viollaz (21).
All of them are serving preventive detention in the Melchor Romero prison, accused as co-perpetrators of the crime of "
double aggravated homicide
by treachery and by the premeditated participation of two or more people."
Fernando Burlando, lawyer for the family of Fernando Báez Sosa.
Photo Emmanuel Fernández
For the complaint, Milanesi also had to be tried for the crime, and the Villa Gesell Guarantee Judge, David Mancinelli, made room for this claim by bringing the case to trial on February 4.
This was appealed by the defender of the rugbiers, Hugo Tomei, before the Appeal and Guarantees Chamber of Dolores.
And last Thursday the 7th, the members of Chamber 1 of the court understood by majority that
there were not "sufficient elements"
to take this young man to trial and ordered his "total dismissal."
"The few elements invoked by the petitioner are, furthermore, uncertain, and diffuse. We only know
that Milanesi was that night in Villa Gesell
and not much else," the magistrates assured and highlighted "the weakness of the elements" mentioned by the complaint.
Act in tribute to Fernando Báez Sosa in the place where he was assassinated.
Photo Fernando de la Orden
The lawyers of the victim's parents have the possibility of appealing this ruling before the Buenos Aires Criminal Cassation Court.
However, Burlando pointed out: "What we did at the time was to question what the prosecution did. In this specific case, we are not yet in sentence, we go hand in hand with what ultimately the highest courts of the Judicial Department of Dolores say or observe ".
The situation of the other eight rugbiers
In this way, Milanesi
will be definitively dismissed from
the case, as happened with Guarino, and only the eight rugby players who remain in custody will go to trial.
In that sense, judicial sources indicated that the defense attorney for the accused notified the Chamber of Dolores of his intention to
present an extraordinary appeal
for Cassation regarding the remaining nullities of the request for
submission
to trial, for which he has a term until the next 27 of April.
The rugby players arrested for the crime of Fernando Báez Sosa.
Beyond this appeal, Judge Mancinelli must
hold an interview
- in person or through a digital platform - with each of the detainees, to determine whether they wish to be tried by a collegiate court or by a popular jury.
Although the young people's lawyer expressed their desire to
renounce the jury trial
, considering that the conditions to form an impartial jury are not met, the magistrate must confirm their will after the Chamber's resolution has been known. .
The oral trial will also discuss the criminal responsibilities of the rugby players for the
injuries suffered by five
of Fernando's
friends
, who were with him at dawn on January 18, 2020.
With information from Télam
Look also
Crime of Fernando Báez Sosa: Alejo Milanesi, the only rugby player who went to trial in freedom, was dismissed
A bottle cut his skull in three, he cares for himself like an "80-year-old man" and dreams of recovering his youth
