The judicial future of businessman Francisco Sáenz Valiente (52), accused of the death of Brazilian model Emmily Rodrigues Santos Gomes (26), will have a key chapter on Monday.
The judges of the Crime Chamber will hold the postponed key oral hearing after which the situation of the accused, who was detained for 20 days in the case, will be defined.
It will be at 12 before Room 6 of the National Court of Appeals in Criminal and Correctional Matters, composed of judges Magdalena Laiño, Ricardo Matías Pinto and Ignacio Rodríguez Varela.
Judicial sources told Telam that it will be carried out in a mixed way, that is, some of the parties will be in person at the headquarters of the Chamber, at 1147 Viamonte Street, and others will do so virtually.
Only the parents of the victim, Aristides Da Silva Gomes and Catia Cilene Rodrigues Santos, who act as plaintiffs and are represented in the file by lawyer Ignacio Trimarco, were authorized to participate.
Representing the Public Prosecutor's Office (MPF) will be Attorney General 1 before the Chamber, Joaquín Ramón Gaset, while Sáenz Valiente's defense lawyer, Rafael Cúneo Libarona, will also participate.
This hearing was originally scheduled for May 16, but the chambers decided to postpone it so that, before making a decision on the case, they could go to know the scene of the facts, a measure that is usually done by investigating or oral court judges during an oral trial, but that is unusual for an intermediate instance like this one of the Crime Chamber.
The visual inspection was made last Wednesday in the building at 1542 Libertad Street, where the chambers and lawyers of the parties toured not only the duplex on the sixth and seventh floors where Sáenz Valiente lived, but also the ground floor, the internal courtyard where the victim fell and some common spaces.
Chamber 6 of the Crime Chamber intervenes because both the complaint and the prosecutors of the case, Santiago Vismara, of the Criminal and Correctional Prosecutor's Office 10, and Mariela Labozzetta, of the Specialized Fiscal Unit on Violence against Women (UFEM), appealed the lack of merit that the investigating judge Martín Del Viso dictated on April 18 last to Sáenz Valiente, This allowed him to regain his freedom after 20 days in detention, although he is still under investigation.
Vismara and Labozzetta requested that Sáenz Valiente 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 victim, in a state of apparent euphoric despair, terror and tears, presumably caused by the drugs and alcohol provided by Sáenz Valiente, and at times when he was next to the aforementioned, ended up falling into the void through a window of the farm that overlooks a lung of the building, without having previously existed indications that she had wanted to throw herself from that place or that she had wanted to remove the life somehow," prosecutors say.
Since Judge Del Viso ruled the lack of merit, several pieces of evidence and elements were incorporated into the file that must now be evaluated by the chambers.
On the one hand, toxicological studies 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 the synthetic drug "Tuci", the abbreviated way of calling the "Tucibi" by the English pronunciation of the acronym 2C-B, which is the misnamed "pink cocaine").
In turn, messages were known that the businessman had deleted from his cell phone where he told the women went to his house that he had "tuci, coca and faso", which could compromise him at least with the imputation of "facilitation of narcotics".
In addition, the audio was known after the second call to 911 made by the businessman for leaving his cell phone without hanging up, where after a woman's scream, the moment of the fall through the window is heard and that the accused shouts: "The fucking mother, I could not grab her!"
EMJ
See also