Case Fernando Báez Sosa, LIVE: the arguments begin in the trial against the eight accused of the crime

2023-01-25T10:57:20.217Z

The prosecution, the lawyer for the victim's family and the defense will present their grounds in relation to the convictions and sentences requested.

The trial for the crime of Fernando Báez Sosa that is being carried out in the city of Dolores will enter its pleadings stage this Wednesday, where

the prosecution, the lawyer for the victim's family and the defense will present their foundations

in relation to the sentences and sentences that will be requested for the eight defendants for the murder of the young man in Villa Gesell, while the defendants are expected to say their last words as well as the parents of the murdered boy.

LIVENews in Development

25.01.2023 07:36

07:36

The arguments begin in the trial of those accused of the crime of Fernando Báez Sosa

The allegations for the murder of Fernando Báez Sosa begin.

Starting at 9 o'clock, at the headquarters of the Oral Criminal Court (TOC) 1 in Dolores

, the arguments will begin with the presentation of the

trial prosecutors, Juan Manuel Dávila and Gustavo García.

During the same day, the lawyers Fernando Burlando, Fabián Améndola and Facundo Améndola, representatives of the parents of Báez Sosa, Silvino Báez and Graciela Sosa, will also present their foundations.

24.01.2023 21:57

21:57

Minute by minute, this was the complete sequence of the night of the crime by Fernando Báez Sosa

24.01.2023 21:22

21:22

Guillermo Villarreal

The "mailboxes" where the rugbiers are detained while the trial takes place

Coexistence Area Separation Pavilion (SAC) is the name of the area of Penal Unit 6 of Dolores where those accused of the crime of Fernando Báez Sosa are housed.

What are the cells like and what spare parts were made to comply with the law.

Keep reading.

24.01.2023 20:40

20:40

Natalia Iocco

Analysis: possible sentences for rugbiers, from life to life for all to free in months

Prosecutors, criminal lawyers and judges explain what are the alternatives that could be given on the day of the verdict in the Fernando Báez Sosa case.

Keep reading.

24.01.2023 19:50

7:50 p.m.

Dolores, scene of the trial for a case that had an impact 26 years ago and with common protagonists

This Wednesday, the day the allegations in the Fernando Báez Sosa case will begin, will be the 26th anniversary of the crime against José Luis Cabezas.

The photographer's case also moved public opinion and had a resolution in the same courts where the eight rugby players are tried.

In the year 2000, in that oral process, the current president of the court, María Claudia Castro, was part of the team of prosecutors that accused and obtained convictions for the former head of custody of businessman Alfredo Yabrán, Gregorio Ríos;

three Buenos Aires policemen and the four "Horneros", the latter defended by the lawyer Fernando Burlando, currently the lawyer for Fernando's parents in the murder case.

Fernando Burlando 23 years ago, defender of the "Horneros" tried for the crime of José Luis Cabezas.

José, the father of the photographer, died in 2010. Norma Marotti, his mother, in 2017.

This Wednesday, while the first day of allegations is taking place, Cabezas' relatives will remember the photographer with an act in front of the Pinamar bus station, at 11. There, Gladys Cabezas will read a letter addressed to her for the first time. brother Jose Luis.

Then they will move to the General Madariaga cellar where Cabezas' body was found charred inside a burned Ford Fiesta.

Five trees will be planted and there will be an interreligious ceremony with the same representatives of different faiths that were at the tribute for the third anniversary of Fernando's crime.

24.01.2023 19:08

19:08

The contribution of Fernando's friends

Nine friends of the young man murdered in Villa Gesell testified on the second day of the trial.

There they recounted what happened on the night of the crime and identified who became the most complicated defendants in the case.

They mentioned Lucas Pertossi and Máximo Thomsen as those who directly hit Fernando.

Some of Báez Sosa's friends later participated in the tribute for the third anniversary of the crime.

In Dolores, where the central event took place, they displayed a flag in memory of Fernando.

24.01.2023 18:18

18:18

Guillermo Villarreal

Fernando's blood incriminates four rugby players

From the expert reports it is clear that Báez Sosa's blood spread in the air and left traces on the clothing of four defendants.

It was found in the two shoes of Máximo Thomsen, who kicked it with his right foot.

In addition, he came to a white flowered shirt, jeans and a Matías Benicelli shoe, in Ciro Pertossi's jeans and in the gabardine pants of Luciano Pertossi, his younger brother, who was complicated by the oral debate.

It was also found under the little fingernail of the left hand of Blas Cinalli, whom the videos show advancing towards where Fernando was being beaten.

Keep reading.

24.01.2023 17:32

17:32

Graciela's moving speech in honor of Fernando

24.01.2023 16:51

16:51

What can rugbiers say in the allegations

This Wednesday the arguments will begin in the trial for the crime of Fernando Báez Sosa.

This stage, which will last until Thursday, will be the last opportunity for the rugbiers to speak in court before the judges deliver the verdict.

The so-called "last words" are a guarantee provided for in article 368 of the Buenos Aires Criminal Procedure Code.

As a last act, the president or the president of the court "will ask the accused person, under penalty of nullity, if he has anything to say" and then "will close the debate."

Judicial sources indicated that it is not a statement about the facts charged, such as the one that the defendants have the right to provide at any time during the stage of receiving the evidence in the trial, but rather an instance that offers the possibility of making some consideration. brief after the performance of all parties.

24.01.2023 16:10

4:10 p.m.

With the shadow of the Fernando case: an unconscious young man was kicked in the head at the exit of a bar

Bahía Blanca: a fierce street fight between groups almost ends again in tragedy.

Photo Video Capture

It happened outside a local in Bahía Blanca.

They assaulted him while he was passed out in the street.

They are looking for witnesses who can identify the attackers.

I kept reading.

24.01.2023 15:25

15:25

"In this case, justice is jail for life", Burlando's harsh message hours after the allegations

24.01.2023 14:43

2:43 p.m.

The judges who will define the sentence

Judge María Claudia Castro arrives in court.

Photo: Andres D'Elia

The court that will rule in the trial for the death of Fernando Báez Sosa, who was murdered on January 18, 2020, when a group of rugby players beat him at the exit of the Le Brique de Villa Gesell nightclub, is presided over by the judge

Maria Claudia Castro

The magistrate will be accompanied, as happened since the beginning of the hearings on January 2, by the vice president of the Court ,

Christian Rabaia

, and the member

Emiliano Lazzari

24.01.2023 14:43

2:43 p.m.

The video in which Cinalli identified himself and that could complicate it

24.01.2023 14:20

2:20 p.m.

exculpatory versions

The eight rugby players accused of Fernando's crime.

Five of the defendants gave their

exculpatory versions

to the Court.

First

Luciano Pertossi

"I'm not there," he contradicted himself in a video.

Then

Máximo Thomsen

: he broke down, he said that it was actually him who was given a pineapple, and he defended himself by kicking.

The other three were

Ciro Pertossi

("I stopped the kick when I saw that the boy was unconscious"),

Lucas Pertossi

("I never participated in an assassination plan, I just went on vacation") and

Blas Cinalli

, who ended up being located in the scene.

For all of them, it was "a fight", not "an ambush", as the prosecution maintains and Fernando's friends described.

I kept reading.

24.01.2023 13:54

13:54

Two hours of recreation in the prison, waiting for the visit of relatives

Penitentiary 6 of Dolores.

Photo: German Garcia Adrasti

As usual every afternoon, the eight defendants have two hours of recreation available in the courtyard of Penal Unit 6 of Dolores of the Buenos Aires Penitentiary Service (SPB), while they await the visit of their parents in jail tomorrow.

Last week the visit was suspended since it coincided with the date of the third anniversary of Fernando's crime and the relatives estimated that a mobilization to the prison could be carried out.

24.01.2023 13:20

1:20 p.m.

Waiting for the allegations, flags and posters at the door of the Dolores Prosecutor's Office

Photo: German Garcia Adrasti

24.01.2023 12:31

12:31 p.m.

Enzo Comelli and the first blow against Fernando

Juan Bautista Besuzzo (21), another of Fernando's friends, recounted the sequence of the attack and pointed to Máximo Thomsen as the person who kicked Báez Sosa when he was on the ground and

Enzo Comelli giving him the first blow

Comelli is another of the three rugbiers who did not speak during the trial hearings.

He was also identified by Juan Pedro Guarino - one of the friends of the rugby players who was there the night of the crime, but ended up dismissed - in the footage of the beating, along with Ayrton Viollaz, Ciro Pertossi and Máximo Thomsen.

24.01.2023 12:19

12:19 p.m.

Guillermo Villarreal

Ayrton Viollaz and a harangue that ended in a crime

In the second hearing, one of Fernando's friends, Santiago Corbo (22), targeted Ayrton Viollaz, whom he accused of being the one who gave the harangue to start the attack.

"I see a boy with half-slanted eyes and straight hair, who said

'he is now, he is now,'

" he said about the moments that the beating lasted, referring to Viollaz.

Another friend of the victim located him in the sequence of the fatal assault.

"I recognized one of them, in the front of a long car. White shirt. I remember his face at the time of the incident, I approached him, I said 'stop'. He threatened to hit me, but he didn't hit me It was Ayrton Viollaz".

And he described it as "a ferocious attack, without mercy, a lot of screaming, madness."

Lucas Begide, a friend of Fernando's, also accused him of hitting him while trying to stop the beating.

In this same sense was the testimony of the witness Bidonde, who said that he saw him "hitting the friends" of Fernando along with Benicelli.

It was also pointed out by Tomás Colazo -the friend of the rugby players who was not charged- in one of the videos of the attack.

24.01.2023 12:10

12:10

Matías Benicelli, with traces of Fernando on his clothes

Photo: Telam

One of the rugbiers who did not speak during the trial was Matías Benicelli (23).

One of the pieces of evidence that complicates it was presented on January 11, when he exposed the expert César Guida, from the Public Prosecutor's Office, who was in charge of comparing the genetic profiles of the accused with that of Báez Sosa.

The expert said that he found

Fernando Báez Sosa's DNA in the clothes of 4 defendants

Three of them were Thomsen and the brothers Ciro and Luciano Pertossi.

The fourth was Benicelli: he had traces on a white flowered shirt, jeans and a sneaker.

In addition, he was recognized in the sequence of the deadly attack by one of the police officers who exposed him, as were Enzo Comelli and Ayrton Viollaz.

And a friend of the victim attributed the phrase

"let's see if you keep hitting, black shit"

, when Báez Sosa is already lying on the floor.

Finally, Tomás Bidonde identified Benicelli along with Ayrton Viollaz "hitting friends" of Fernando.

This information supports the argument of the complaint, that part of the group planted a "human wall" so that Báez Sosa would not receive help.

24.01.2023 11:44

11:44

Guillermo Villarreal

The three rugbiers who did not speak during the trial

Ayrton Viollaz, Matías Benicelli and Enzo Comelli

During the 13 hearings that the evidence presentation stage lasted,

five of the eight defendants took the floor

They did it to refute evidence against them, give their version of situations that complicated them or that had generated controversy - such as the audio of "Expired" - and try to hypothesize a fight and not an attack in numerical superiority.

They hardly answered questions.

The three who have not spoken so far were

Matías Benicelli (23), Ayrton Viollaz (23) and Enzo Comelli (22)

, despite the fact that during the judicial process they were pointed out at different times of the tragic night.

After the arguments, they will have the last chance to say a few words before the court defines whether to sentence them.

24.01.2023 11:15

11:15 a.m.

La mamá de Fernando hablará en "las últimas palabras": cuándo y cómo será su discurso

Silvino Báez y Graciela Sosa, los padres de Fernando. Foto: Lucia Merle/Enviada Especial

Es un derecho que tiene la querella desde la implementación de la Ley de Víctimas. Graciela Sosa Osorio (56) se sentará en el medio de la sala de audiencias, sola, ante el tribunal, y hablará. Será el jueves, tras el alegato de Hugo Tomei, el abogado defensor de los ocho acusados. Será otro momento fuerte. Seguí leyendo.

24.01.2023 10:35

10:35

Burlando planea un alegato con "la mejor tecnología disponible"

Mañana, luego del alegato de los fiscales Juan Manuel Dávila y Gustavo García, será el turno de Fernando Burlando -abogado de la familia de Baéz Sosa- y su equipo.

Según pudo saber este diario lo que se verá es todo una novedad: una presentación multimedia "con un seguimiento puntual", el asesinato reconstruido con "la mejor tecnología disponible", un trabajo de la querella.

En los videos que se mostrarán en la sala se ubicará a cada uno de los rugbiers en la escena del crimen.

24.01.2023 09:54