02/10/2020 - 11:33
- Clarín.com
- Society
Juan Pedro Guarino (19) and Alejo Milanesi (20) could regain freedom in the next few hours. Prosecutor Verónica Zamboni (Decentralized UFI No. 6 of Villa Gesell) based that request that they were not recognized in the wheels of people and for the "benefit of the doubt." Now the judge of Guarantees David Mancinelli has five days to decide if he agrees to the request.
Both are detained in the Dolores prison along with eight other rugbiers accused of murdering, on January 18, Fernando Báez Sosa (18), beating and kicking at the door of the Le Brique bowling alley.
Milanesi, on the four wheels of recognition, no witness pointed out. Fernando Burlando, the lawyer representing the victim's family, had argued that it was important for Alejo to testify. It is now known that the accused presented "linear scoriations on three fingers of the right hand and in the dorsal area, injuries compatible with scratches."
This data is not minor. It could be related to the crime, as investigators found remains of Fernando's skin underneath.
Matías Benicelli, Ayrton Viollaz, Máximo Thomsen, Luciano Pertossi, Lucas Pertossi, Alejo Milanesi, Enzo Comelli, Juan Pedro Guarino, Ciro Pertossi and Blas Cinalli.
In the case of Guarino and Milanesi, Zamboni argued that not enough elements were found so far to locate them at the scene of the crime.
In the opinion, the prosecutor indicated that "in the light of the negative result of the diligence of recognition of persons in relation to the accused Guarino and Milanesi", she considers that "the measure of personal coercion that weighs on them must cease."
The prosecutor affirms that "although it has been proven that the co-defendants were with the others that night, to date, innumerable investigation measures have been carried out that have not allowed them to be linked to Fernando's death."
"My conviction has varied as regards the participation of these two accused in the homicide," Zamboni points out in another section of the brief and recalls that "any doubt in the process must be assessed in favor of the accused, in accordance with the constitutional guarantees that they must be respected in the process ”.
Juan Pablo Guarino and Luciano Pertossi, two of the rugbiers arrested at Villa Gesell.
Regarding Milanesi, the prosecutor maintains that none of the witnesses “have been able to recognize him as an aggressor of the victim, nor any other friend of Fernando” and that “only one of them saw him standing nearby” but “without participating in the gresca ”.
In addition, he explains that although Milanesi presented injuries to his hands, "they could not prove credibly that they are linked to this research."
In relation to Guarino, the prosecutor states that "although it is filmed leaving the dance Le Brique (...), nothing places him in the same aggression against Fernando" and recalled "the negative result of all the awards in the wheel of developed people ”and that“ a single witness located it in the immediate vicinity of the place ”.
"No film record of the contributors has recorded it by assaulting any person, but only by walking," says the prosecutor.
It also states that "analyzed the injury that presented the day of his apprehension - a possible burn in his hand - has not been able to prove until the time it is linked and / or is related to the fact."
Lastly, Zamboni points out that Guarino and Milanesi's freedom “ in no way implies their separation from the process " in which there is a lack of diligence to be carried out and requested that they be available to Justice until the process ends.
Milanesi, a student, is the son of a professor at the National Technological University (UTN) and a teacher. He played rugby with Blas Cinalli and the brothers Ciro and Luciano Pertossi at the Nautical Club Arsenal de Zárate. The four were suspended by the Board of Directors because their participation in the attack on Báez Sosa "affects the image that the institution proclaims".
On that occasion, the legal representative of Náutico Arsenal, Marcelo Urra, said that the youth had never been sanctioned within the club. However, he revealed that to determine the sanction "they made inquiries" and added "to the facts about which we had knowledge."
In that sense, he said that some of the accused "had had problems in other outings on the night of Zarate, where it was common practice to hit one person among several." He never specified who he meant.
Fernando Báez Sosa was 18 years old. He died from the blows he received in a fight at the exit of a bowling alley in Gesell. (Facebook)
Guarino, also a student, is the other who could regain his freedom. The mother, when she spoke with the press, assured that "it was not in the place of the facts". However, he was identified during one of the reconnaissance wheels.
“It's all very sad. He told me that he was not at the scene, ”said the woman, after seeing her son for the first time after the arrest. "My son is fine. All I know is that I apologize a lot, condolences to the Báez Sosa family. "
Guarino's father told the press that his son "did nothing" and added: "Know to apologize ... justice will be done."
In the medical report after the homicide, it was indicated that he had a "linear erythematous on the front of the left forearm compatible with burn."
EMJ