02/01/2021 11:42 AM
Updated 02/01/2021 11:48 AM
The rugby players accused of having beaten Fernando Báez Sosa (18) to death in January 2020 in Villa Gesell communicated in the file their decision not to be tried by a popular jury and requested the annulment of the elevation to trial.
The defendant's lawyer, Hugo Tomei, presented this Monday, on the last day he had a term, his opposition to the elevation to trial required at the time by the prosecutor in the case, Verónica Zamboni.
According to the sources consulted by
, in his brief, Tomei asked the Villa Gesell Judge of Guarantees, David Mancinelli, the annulment of the prosecutor's request with the argument that from the point of view of the defense
it is not clear what fact Zamboni imputes to each of his eight defended.
In addition, the lawyer confirmed to the magistrate that in case of going to trial, he waives the possibility of the debate being held before a popular jury and opts for a collegiate court.
After one year of the case, sources in the case explained that the defense understands that the repeated disclosure of the elements of the investigation, as well as the manifestations directed towards the accused by the lawyers of the Báez Sosa family, Fernando Burlando and Fabián By loving her, I would prevent the eventual members of a jury from reaching that instance without prejudice or preconceptions about the facts.
The request for elevation to the trial of the case was made by the prosecutor on November 17 last when she requested that the eight rugby players who continue to be detained for the fact be tried.
They are 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) , who are serving preventive detention in Alcaidía 3 of the Melchor Romero prison, in La Plata, accused as co-perpetrators of the crime of
"double aggravated homicide by treachery and by the premeditated participation of two or more people
Zamboni also requested the dismissal of Alejo Milanesi (19) and Juan Pedro Guarino (19), who are at liberty, charged as necessary participants.
After this request, the lawyers representing Fernando's parents, Graciela Sosa and Silvino Báez, agreed with the prosecutor's proposal, although they
rejected the dismissal of Milanesi
, which they considered premature, and presented a private accusation to be subjected to trial along with the other eight.
Burlando and Améndola considered that the eventual responsibility of Milanesi in the "functional co-authorship" of the crime should be defined in an oral process.
On the other hand, the lawyers also understood that the possible intervention of the so-called "suspect number 11", identified in the file as Tomás Colazzo, should continue to be investigated.
Fernando Báez Sosa: the crime of the gang
One year after the crime of Fernando Báez Sosa, how is the cause: the "pact of silence" of the rugby players and "overwhelming evidence"