"The fucking mother I couldn't grab. La concha de la lora, te dijé que vens", the words are from Francisco Sáenz Valiente (52) and correspond to the moment in which Emmily Rodrigues (26) falls from the balcony of her apartment in Retiro. He speaks to Juliana, the other woman who was with them during the episode that ended with the young Brazilian woman dead. The recording, accessed by Clarín, is of the second 911 call made by the businessman for help.
Saenz Valiente's lawyer, Rafael Cuneo Libarona, said the audio was incorporated into the case. As he explained, his client's phone "is on and thrown on the floor and there you can hear the screams where Sáenz Valiente says 'I escaped, I escaped, he threw himself'".
Cúneo Libarona released the audio during the visual inspection made by the judges of the Crime Chamber to the department of Libertad 1542. The magistrates must define the future of the case in which it is investigated whether Emmily's death was a femicide or a suicide. The case occurred on the morning of March 30.
When the defender was asked what had happened that day, he insisted that the young woman suffered "a psychotic break", that Sáenz Valiente twice avoided throwing herself out of a window and that he failed on his third attempt when he wanted to tackle her and stayed with the victim's pants in his hand and the girl fell to the lung of the building.
During the visual inspection of the cameramen, the complaint representing Emmily's family denounced that at least two accesses to the house did not have judicial closure strips.
Emmily Rodrigues Santos Gomes (26), the Brazilian model who died when she fell from a sixth floor in Retiro.
The operation started after 10 and also covered the ground floor, the courtyard of the lung where the victim fell and common areas of the building.
Judges Magdalena Laíño, Ricardo Matías Pinto and Ignacio Rodríguez Varela, members of Chamber 6 of the National Court of Criminal and Correctional Appeals, the plaintiff lawyer representing the victim's parents, Ignacio Trimarco, and the private defender of the accused businessman, Rafael Cúneo Libarona, participated in the inspection.
"It was very useful and I highlight the work of the chambers of having taken the time to come to inspect the scene of the events in a case as delicate as this," Trimarco told Telam at the end of the proceedings.
In front of the building at 1500 Liberty Street where Emmily died. Photo Juano Tesone
However, the lawyer of the complaint denounced that "it must be investigated" the reason why "in no previous planimetry there was an access that there is from the seventh floor to the home of Sáenz Valiente which is a duplex".
Trimarco said that in the inspection he was able to corroborate that both that door and a service entrance on the sixth floor, "were not fajadas" by the investigators.
"This proves the lack of preservation of the place of the fact and is at least striking," said the family's lawyer.
Francisco Saenz Valiente
The complainant also warned as another alleged irregularity that "although they always said that there were no cameras in the house, it was noticed that there was one torn from the main door, another that is at the entrance of the kitchen and a central with cables that could be from a removed DVR."
For his part, Cúneo Libarona agreed that the inspection was "very useful" and added: "It serves so that the three members of the Chamber can resolve contextually, that is, see the distances from one place to another and can understand what a witness says in writing."
"We ask for this diligence. All in discovery of the truth. The losses are, on the one hand, the family of Sáenz Valiente shattered by what happened. On the other, Emmily's family shattered with what happened, that is, nobody won here, everyone has lost," he said.
Earlier, when they arrived at the inspection, the two lawyers referred to the messages recovered from Sáenz Valiente's cell phone, where the agro-mining businessman told two of the women who went to his house that morning that he had "tuci, coca and faso," according to Telam.
While for Trimarco these communications "prove in principle the free supply of narcotics", for Cúneo Libarona "it does not make the organization of an event to consume drugs" and insisted with the version that the accused gave in his inquiry that "what he bought did not offer it to others and was for his personal consumption".
Chamber 6 of the Crime Chamber intervenes because both the complaint and the prosecutors of the case appealed the lack of merit that Judge Martín Del Viso issued on April 18 for Sáenz Valiente, who was released after spending 20 days in detention for the case.
On May 22, at 12, they will hold an oral hearing where it will be defined if they confirm the lack of merit or if there are elements to prosecute him for a crime.
The prosecutors asked that the businessman be prosecuted with preventive detention for two crimes: "femicide", which provides for a life sentence, and "facilitation of narcotics and a place to use them" which, according to the Drug Law 23,737, is punishable by imprisonment of 3 to 12 years if it is gratuitous.
In their opinion, the prosecutors highlighted, among other points, that it was a case of "serious violence against women", that Emmily's death occurred in a "sexualized context", that there was on the part of the accused a "facilitation of narcotics" and the address where they were consumed, and that the scene was "altered".
The toxicological studies carried out by the Forensic Medical Corps revealed that, before falling into the void, the Brazilian model consumed alcohol (1.0 grams in blood was the dosage), cocaine, marijuana, ketamine and MDMA (one of the components of tuci, the abbreviated way of calling the "Tucibi" by the English pronunciation of the acronym 2C-B, which is the misnamed "pink cocaine").
One of the main hypotheses of the complaint is that Emmily was drugged for sexual purposes and that she ended up being pushed or falling out of the window when she tried to call for help and get out of that situation.
With information from Télam.
MG
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