Francisco Sáenz Valiente (52) has been in a Barracas police station for 14 days.
While waiting anxiously for the prosecutor Santiago Vismara to define his situation, he wrote a letter to the family of the deceased young woman and his defense points to the lack of merit being resolved because -he maintains- "the evidence goes online to prove his innocence" .
A series of points in the file are the keys on one side and the other to try to determine what happened to Emmily Rodrigues Santos (26), the Brazilian who fell from the sixth floor apartment on Calle Libertad at 1500, in Retiro.
The autopsy determined that there were no lesions compatible with sexual abuse, that there were no genetic remains in her body, and that there were no defensive lesions either.
The witnesses that night testified online with the businessman and spoke of
an early morning of excesses
.
It was Wednesday and the night was just beginning at Gardiner, a restaurant in Costanera Norte.
Emmily arrived at 10:30 p.m. and met up with her friends.
After dinner, the group continued to Isabel, a bowling alley in Palermo "where
Emmily consumed drugs and alcohol
," the witnesses who have already testified in the file acknowledged.
Emmily Rodrigues Santos, the 26-year-old Brazilian girl who died when she fell from a sixth floor on Libertad Street at 1500, in the City of Buenos Aires.
At 2:50 p.m., the security cameras detect Emmily's departure, who leaves the place with her friend, Juliana Magalhaes Mourao (37).
"She couldn't park, the place was wide and she gave up the wheel," said her friend, who is also Brazilian and was an eyewitness to the tragedy.
In the department of Sáenz Valiente, a businessman linked to the mining and agricultural businesses, were Lía Alves and Dafne Santana, two other young Brazilian women.
Emmily and Juliana arrived around 3 in the morning, according to the file.
Dafne, the last witness to testify, said Tuesday that she left at 6. Some Instagram chats revealed a conscious and located Emmily.
She wanted to go.
The victim wrote:
"Fat, where are you going? I went downstairs and you were already gone. I bank you
. "
Francisco Sáenz Valiente, the businessman who owns the department where a woman fell and died in Retiro.
It was 5:53.
No answer, he used the same Instagram chat to call her but she didn't answer him until later.
"
Friend, I arrived at my house. I'm going to mimir. Tomorrow I have to do things
," he wrote.
It is not clear where he wrote the messages from, nor why he returned to Sáenz Valiente's house if he already wanted to go home.
The truth is that he returned to the sixth floor of the building on Calle Libertad.
According to Alves' testimony, Emmily
was already "excited"
and went down in the elevator with her to see what was happening with Dafne who was leaving the place.
The department of Retiro where the Brazilian Emmily Rodrigues Santos (26) fell.
The window, with traces of violence.
"We were separated, she with Fran and Juli and I on the other hand. At one point, I think around 7 or 7.30, and since the music was so loud and I had also escaped, I heard a laugh or a cry and I I told Juliana that something was wrong with her friend and she told me that nothing was wrong," Alves said in his statement, to which
Clarín
had access .
"I don't know what happened, this girl had a change, a transition, a transformation. And I see that Emmily's face changed. Her eyes, everything, and she pushed Fran. And she doesn't say anything when she pushes him. He tells her says '
that's it, that's it
' and goes to the kitchen," the woman said.
After that, Emmily took refuge in the kitchen.
"
The girl was like
'The Exorcist'
(NdR: the famous American horror film released in 1973)
, I don't know, she scared me
. I thought she was going to grab a knife and kill us all," she insisted.
It was close to 8 in the morning.
About 15 minutes after that, he says, he left the place.
"It was hard for me to get out of there," she described in relation to the requests that she not leave, that she stay at the party.
By then, Emmily had already taken off her shirt and was dancing, making a pass at Juliana.
For the defense, these were the first signs of the "
psychotic break
."
For the lawsuit, a conflict that "upset" Emmily.
Dafne could not specify if the young woman - who would fall from the sixth floor into the void shortly after - had taken cocaine.
"Everyone drank," she said, so she "presumes they did."
He talked about tuci, a designer drug better known as "pink cocaine," marijuana, alcohol, and cocaine.
Emmily, Dafne stated, had brought her own vape to consume marijuana and used it throughout the night.
Sáenz Valiente defends his innocence based on the results of the autopsy and the accounts of the witnesses.
He also in the consumption of cocaine, tuci and marijuana.
They maintain that each of the guests had a free choice to consume or not.
"
They were all experienced adults
," they insist.
"Around 8:15 AM, Emmily Rodrigues's psychotic outbreaks began, which were noticed by Lía Alves, Juliana Mourao and Sáenz Valiente," justifies the defendant's defense.
But it was not until 9 in the morning that, according to the record, the neighbors began to call the Police.
Although the experts determined that Rodrígues Santos had no signs of having had consensual sexual relations or the product of rape, the lawyers for the young woman's family find it "striking" that Emmily was naked when she fell.
She had no panties, bra, shirt, or pants.
According to the defendant's account, she had removed her underwear and lost her pants when he wanted to hold her and prevent her from jumping into the void.
The young woman screamed desperately through the windows asking for help.
A neighbor on Libertad Street saw her come out of it, sticking out her torso, "her hands on the inside of her and a gray-haired man who told her to 'calm down
'
from behind."
The window Emmily fell out of is 3 feet high.
According to the lawyers for the victim's family, at the same height the body has a dragging injury that would prove that it was thrown.
The neighbor, who worked in the place, did not know how to recognize the apartment and asked the woman to tell her which apartment it was in.
Emmily couldn't say anything else and she got lost inside the building again.
Later she would fall to the ground and that same woman would ask for help because the young woman was dying, naked, in an internal patio.
Sáenz Valiente's defense will say that Lía Alves (36) left home out of "fear" and "anger" at the erratic behavior of Rodrigues Santos.
After several "attempts to calm the victim," they say, Juliana and "Francis" decided to call the police.
In fact, two calls three minutes apart were recorded by 911. "
She's like possessed
," the businessman described to the operator.
Mourao would have made another four calls at 9.09 but to 109 and 110, instead of dialing 107, which is the correct number to communicate with SAME in the City of Buenos Aires.
The Libertad building at 1500. Photo Juano Tesone.
The woman, who was the one who had a relationship with the businessman and who took her friend to the party, is a doctor and did her rotation at the Fernández Hospital.
Sáenz Valiente called first at 9.10 and obviously more desperate at 9.13.
They estimate that
at 9:18 a.m. the young woman fell into the void through a two-leaf window
, 90 centimeters from the ground, which ended with a broken wooden edge.
When the Police arrived, the businessman and the doctor received them in the entrance hall, visibly shaken.
Although they acknowledged having used cocaine, no traces were found in the apartment.
Emmily's underwear was found inside her bag.
The expertise of the City Police.
Photo Telam
In an exchange, Lía Alves writes a series of messages to her friend Francisco:
9.30: "
Take the demon out of that monstrosity
."
9.31:
"What happened to him, was he exorcised? Was he transformed?"
9.32:
"You don't understand what happened. You didn't explain anything to me. Terrible. An insane psychiatric hospital. I come to visit you and I have to smoke a deranged woman that I don't know where you got from. And the other one is the friend ".
9.33:
"One more sheet than the other. I don't know where the hell you get them from. Incredible how I had to leave your house."
The messages from one of Francisco Sáenz Valiente's friends who was in the Retiro department.
Around 9:53, there is a missed call and messages from "Francis" telling him what had happened with Emmily.
For the defense, this chat will be key to determining that the "altered state" of the deceased young woman came from before and that she had a "psychotic break."
The representatives of the family of the deceased young woman delegated the complaint in the hands of Ignacio Trimarco who questions these messages and the time difference.
"What a coincidence. Lía leaves at 8, Emmily falls at 9.18 and just at 9.30 it occurs to her to send messages saying that she was possessed," he ironized.
Sáenz Valiente's defender will present a request to prosecutor Vismara this Friday morning to resolve the lack of merit, considering that there is no evidence of his client's responsibility in the murder case.
It is based on ten elements that he considered key to proving the innocence of his defendant.
EMJ
look also
Cocaine, tuci, marijuana and alcohol: the cocktail of excesses prior to the tragedy in a Retiro department
Death in a Retirement apartment: the night of excesses that ended in tragedy
