Guillermo Villarreal
02/13/2020 - 16:52
- Clarín.com
- Society
The silent sob, content and some tears shed by Máximo Thomsen - a contrasting image known to the young man who advances arrogantly after undoing Fernando Báez Sosa -, the neatness of haircuts and circumspect and distressed gestures from the rest of the 8 rugbiers they dominated the scene of the first hearing in which those arrested for the crime of Villa Gesell were for the first time face to face with the judge .
Only one of them spoke, and did so after hearing the words addressed by Judge David Mancinelli, "speaking to them as a father, an uncle, an older brother." The judicial officer asked them if they wanted to say something, as long as it was not related to the cause, mainly about their detention situation. Then, very briefly Blas Cinalli said on behalf of his friends: "We did not want what happened to happen."
"Words of a bad actor," said a lawyer of the accusation present in the 4x4 meter office of the judge of Guarantees, on the ground floor of the building of Boulevard Gesell and Paseo 130. "They did not convey the minimum hint of regret," he added.
The parents of the youth accompanied them to Villa Gesell, but could not enter the room. The judge sent a secretary to explain that they could not attend the hearing "for a physical matter", there is no space. They stayed in the hall, and from there they were escorted by agents, before and after the hearing.
There was a strong security operation for the hearing between the judge and the 8 rugbiers arrested for the crime of Fernando Báez Sosa. (Mario Quinteros)
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The eight rugbiers were located in front of the judge's desk, next to his lawyer, Hugo Tomei. To the right of Mancinelli were the lawyers Fabián and Facundo Améndola and Germán Facio, of the study of Fernando Burlando, and in front of them the prosecutor Verónica Zamboni.
The prosecutor ratified the charges she requested for the murder aggravated by the premeditated contest of two or more people, while the lawyers representing Fernando's parents, asked that in addition to the premeditation that Zamboni endorses them, two are taken into account aggravating, killing for pleasure and joy .
The relatives of the detained rugbiers could not enter the room where the hearing was held. (Mario Quinteros)
"Alevosía, which is nothing more than killing treason, and that is what happened to Fernando," Clarín was told from the complaint. This Friday, when Judge Mancinelli resolves the orders for pretrial detention, he could add some of the aggravating factors, or the prosecutor can take care of the matter.
This Thursday each part had 15 minutes to exhibit. The last to speak was the defender of the rugbiers. Hugo Tomei did not attack the evidence collected by the prosecution or the qualification with which the preventives could leave, although after the hearing he criminally denounced Zamboni for "illegitimate deprivation of liberty" and asked for the annulment of a testimonial, of a wheel of recognition and investigation.
Sources of the case consulted by Clarín on this complaint stated: "The defendants are being held by a judge, that is not deprivation of liberty."
At the hearing, the lawyer requested that his defenders await the oral trial with the benefit of house arrest , but based on "extrajudicial" arguments.
When he explained it, he pointed towards the street. Outside, in front of the police cordon, on the boulevard, at least a dozen TV camera tripods were located and the mobile zone and journalists from different media were hanging around. The murder of Fernando Báez Sosa moves the country; and that is why Tomei understands that there is a "media pressure" and the consequence is that "in jail -the rugbiers- feel frightened" .
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"They are not imprisoned by the media, they are detained for what they did," a source of the investigation told this newspaper. The expectation of the penalty (in this case life imprisonment , for being accused of an aggravated homicide) would leave the defender's request without chances, and if answered, will not be with the issuance of the preventive detention.
"There was an order, the audience developed normally, but there were these eight boys and everything we already know," synthesized a source.
It is that to get to sit there, to the 4x4 room, everyone could feel the excitement in the environment: a police cordon of almost two hundred meters divided the boulevard opening an exclusive path for the microphone of the Buenos Aires Penitentiary Service (SPB) that brought them from the Dolores Penal Unit. There were already a few neighbors at that time, who insulted them as they passed.
With each of the accused, an agent of the DOE, from the Special Operations Directorate of the SPB traveled, who then stayed to protect the gate through which he entered collectively to the headquarters of the Court. In addition to agents from Buenos Aires, the cordon was reinforced by GAD officers. Two prison officers entered the room.
The hearing is oral and public, but for the same questions of space and the media exposure that the case has, the judge ordered that the press not enter.
Fabián Améndola, one of the lawyers for the complaint. (Mario Quinteros)
"The confinement leaves its mark, it is true that at some point, perhaps in the first few days, they may have been conceited, but not anymore," a lawyer who described the group of defendants as "pretty cold young people" told Clarin despite that "some were upset."
The preliminary hearing was held prior to the issuance of the preventive detention, which Zamboni requested for Máximo Thomsen (20 years) and Ciro Pertossi (19), accused of being "co-authors" of Fernando's crime; and for Luciano (18) and Lucas Pertossi (18), Enzo Comelli (19), Matías Benicelli (20); Blas Cinalli (18) and Ayrton Viollaz (20), considered by the prosecutor as "necessary participants".
Villa Gesell residents insulted the rugbiers arrested during their transfer to the hearing with the judge to define the request for preventive detention for the crime of Fernando Báez Sosa. (Mario Quinteros)
It lasted for two hours. Then, the young people were transferred to the town hall of Dolores, and for the first time since they were arrested, a group of villagers from Villa Gesell made their anger, them and their parents, displaying posters with Fernando's face, crying out " Justice "and shouting " worms, murderers . "
Villa Gesell. Special delivery.
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