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Crime of Lucio Dupuy: there will be a sentence today but the investigation continues for a key responsibility


At 12, it will be known if they sentence the mother and stepmother. There are several proceedings underway involving Health, Education and the Police.

This Thursday from 12 in the judicial city of La Pampa, in Santa Rosa, the Court made up of Alejandra Ongaro, Andrés Olié and Daniel Sáez Zamora will give its verdict on the

sexual abuse and murder of Lucio Dupuy

, the 5-year-old boy who died on November 21, 2021.

In the case, their mother,

Magdalena "Magui" Espósito Valenti

, and her girlfriend, Abigail Páez

, face a request for conviction for

aggravated homicide and outrageous sexual abuse .

If the judges agree with the prosecution's claim and the lawsuit representing Cristian Dupuy, Lucio's father,

both women would receive life imprisonment


In any case,

the penalty will be formally resolved in a subsequent hearing

, in two weeks.

The defenses seek

to alleviate the sentences

: that of Espósito Valenti argued that it could not be proven or there were doubts that she was present at the time of the fatal beating, while that of Páez stated that he did not intend to kill and requested a conviction for a less serious crime.

But this case will not be closed with this sentence and

other responsibilities for omissions

that linked

a long chain of failures at different levels of the State

that, if they had not occurred, could have led this story to another outcome, are not ruled out.

An alert system that was never activated.

The administrative summaries

In January 2022, some 40 days after the case became known, the La Pampa

Administrative Investigation Prosecutor's Office

(FIA) opened a series of administrative proceedings in the Health and Education areas, and in the provincial Police.

All these summaries are still ongoing, according to

what prosecutor Juan Carlos Carola told

Clarín .

"They are open and reserved,"

he explained.

As this newspaper was able to learn, at least the doctors who received Lucio in each of the five admissions he had in the hospital, a teacher and also police officers were added.

In this case, Carola did not rule out that the investigation "could lead to more summaries."

The FIA ​​had requested at the beginning of last year the records of Lucio's passage by state, municipal or provincial organizations.

Reports were requested from the General Ombudsman for Children and Adolescents, the Ministry of Social Development, the Ministry of Education and the Ministry of Health.

Abigail Páez and Magdalena Esposito Valenti.

Both could receive a life sentence.

The investigation seeks to determine if from the medical attention Lucio received "

indicators of child abuse

arose , which triggered the

obligation to report

" and if "in the exercise of public functions, agents and/or officials acted with reinforced due diligence , within the framework of current regulations”, as well as with regard to the teachers of the kindergarten that the boy attended.

In the case of the Ministry of Health, the FIA ​​requested that "it be reported whether in the Health Information System or other records, there are incomes for the child's medical care. If so, report the date, reason for consultation and treating professional."

From these details emerged all the attention that Lucio received in the health system, in addition to being admitted on the night of November 21, 2021, when he was already dead at the Evita de Santa Rosa hospital.

Photos of the boy on social media reveal a blow to the eye and a broken hand and finger in different stages.

Even in one of the images, in which she is with her mother and her stepmother,

she has a sling on her right arm


Lucio with a sling on his right arm, in a photo with his mother and stepmother.

The last time he was seen before his death was on March 13, 2021, when he was attended by the Emergency Medical Service.

The date coincides with one of the most resonant tweets of Abigail Páez.

This kid looks like a strainer, open on all sides.

This is being a (false) mother, wey.

Abort it,” she tweeted that same day.

It is also stated that Espósito Valenti and his partner Páez carried out

"an advisory consultation"

in the Directorate of Gender and Diversity Policies of the Municipality of Santa Rosa "in matters of communication, food, economic, labor and information about services for LGTBIQ+ people ".

The police are also on the lookout.

But a separate file was opened for which reports were requested from the Pico and Santa Rosa police stations and the 101 emergency service.

In this case, it points to

police inaction

after the call to line 101 of the brother of a neighbor of Lucio, on the night of August 25.

The call

warned of the beating

the boy was receiving.

But the excuse given by the police chief of La Pampa was that "the brother (of the neighbor) that he called gave

the address wrong


"They did not give it much importance and they did not even deign to verify how the child was at that moment," said the young man who made the complaint, whose identity was revealed by the provincial police although he should have remained anonymous.

Lawsuits against the State and the judge

"We are not going to talk about the administrative proceedings initiated until after the sentence," José Mario Aguerrido, the Dupuys' lawyer,


Clarín .

He also did not want to give details of the actions that can be initiated against the province.

But he had already anticipated a few days ago that “we are going to file a lawsuit against the Pampas State.

A part of the team is putting it together, but the Dupuy family has already made the decision to make a presentation before international courts.

For state breaches, the provincial government could

face a lawsuit

at the United Nations (UN) or the Inter-American Commission on Human Rights (IACHR).

On the other hand, the pro-life NGO Fundación Mas Vida filed a complaint on Tuesday at the Primary Care Unit of the Public Prosecutor's Office of La Pampa against

Judge Ana Pérez Ballester


Pérez Ballester, head of the Family and Minor Court No. 1 of La Pampa, was

the one who granted possession of Lucio to his mother


She was denounced for breach of the duties of a public official.

Judge Ana Pérez Ballester, denounced for granting possession of Lucio to his mother and her partner.

Ramón Dupuy, the boy's grandfather, had also targeted Judge Ballester, who allowed Lucio to stay with his attackers despite the

claims of the victim's father 

and having been admitted to the emergency room at least five times with

various injuries as a result

of of the


Until then, custody of the child was held by Lucio's uncles.

"When custody was handed over to them, they submitted them to all possible environmental studies, but when they tried to hand him over to the couple responsible for his torture and death,

the judge failed to comply with the controls

," claimed Raúl Magnasco, head of Fundación Mas Vida .

The evidence against the mother and stepmother

While these complaints and investigations progress, attention will be focused this Thursday on what the judges rule regarding Espósito Valenti and Páez.

Cristian, Lucio's father, called a rally at the entrance to the courts to demand justice for the little boy.

“This February 2, when I am in that room waiting for the verdict of the judges,

I want to listen to them outside

, so that the request for justice is heard very loudly.

Because that day more than any other I will need the strength of all of you... that day will be the day that I have to let go... 

That day the duel begins

," he wrote in a post on Facebook.

The main evidence on which the prosecution and the complaint support their accusation is the autopsy of the child's body carried out by the coroner Juan Carlos Toulousse.

In it, he determined that Lucio received blows to the extremities and body that caused the accumulation of blood and fluid in the brain and rupture of the liver, and the bleeding that he had caused the accumulation of blood in the stomach area.

The autopsy

revealed another detail

: she had a bruise on her back with a print mark from the sole of the shoe that Páez was wearing on the night of the crime.

The autopsy also proved that the boy was

a victim of sexual abuse


Based on it, the prosecutors affirm that "both sexually abused the child with carnal access on repeated occasions, using, among other things, as a means of committing sexual abuse, the introduction of a rubber-like phallic element (dildo) through the anus, as well as biting of his genitals, which produced 

old and recent lesions

in the child ”.

In a


that they kidnapped from the couple's house, they found DNA from Páez, Espósito Valenti and also from Lucio.

Lucio's grandfather, at a rally in the National Congress in November, one year after his death.

Photo Rolando Andrade Stracuzzi

For the Dupuys' lawyer, this murder was

a hate crime

, and he asked that this aggravating circumstance be considered.

“Lucio was killed for being a man.

And we prove it," says Aguerrido, who provided 6,000 sheets of screenshots of the chats between Lucio's mother and the girlfriend as proof, in which there were expressions that defined the boy as a

nuisance in the relationship


For all this, the Dupuys will ask that if the sentence against Esposito Valenti and Páez is confirmed, they serve it separately.

Until now, the women are in pretrial detention in Penitentiary Unit No. 1 of San Luis.

“What they wanted was to be together.

That's why Lucio was a nuisance.

The chats say so.

And they took it out of the way.

That they stay together is like agreeing with them, helping them achieve their goal,” said Silvia Gómez, Lucio's grandmother.

And she demanded that the judges hand down an exemplary sentence this Thursday:

"For what they did, they deserve life imprisonment

. "

Collaborators: Gustavo Laurnagaray and Mara Resio


look also

They denounce in La Pampa the judge who had given possession to the mother of Lucio Dupuy for poor performance

The crime of Lucio Dupuy: "The lack of pain of the mother and her partner caught my attention," said the prosecutor of the case before the sentence

Source: clarin

All news articles on 2023-02-02

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