In contrast to the proposal of prosecutor Carlos Rívolo, who on Monday maintained that there is no evidence of the intervention or financing of a political space behind the attack suffered by Cristina Kirchner, the vice president asked that the elevation to trial of the case be suspended. In addition, reiterating his criticism of the investigators, he requested a series of evidentiary measures. The young people arrested and who for the prosecutor must appear before a court, are accused of the crime ofaggravated homicide by premeditation and use of a firearm.
Rívolo requested that the investigation of the case that focuses on the material authors of the attempted murder of Cristina Kirchner be concluded. The representative of the Public Prosecutor's Office understood that this instance is exhausted, and with 361 measures of evidence produced during the investigation, it is time to organize the oral trial. The proposal also contemplates that there are three people deprived of their liberty and their situation must be resolved as soon as possible.
In this file, two of the defendants are Fernando Sabag Montiel and Brenda Uliarte, for designing and carrying out a "criminal plan" to "assassinate Cristina Fernández de Kirchner."
The partner of the young man who was responsible for pointing the firearm, was prosecuted for being co-author of "qualified homicide, aggravated by the use of firearms, treachery and the premeditated contest of two or more people, in the degree of attempt".
The last defendant by Judge María Eugenia Capuchetti is Nicolás Gabriel Carrizo, who was charged with the crime of secondary participant in the crime of aggravated homicide, aggravated by the use of firearms, treachery and premeditation, in the degree of attempt.
In recent months, Cristina Kirchner tried to remove the judge twice. That prevented the closure of the investigation from being resolved.
When the Federal Court of Buenos Aires confirmed Capuchetti for the second time in front of the investigation, it ordered that the case go to oral trial, considering that there are three people detained and an important degree of proof regarding their responsibility for the facts investigated.
It was in this context that prosecutor Carlos Rívolo closed the investigation.
Cristina Kirchner's request
In marked opposition to this happening, under these conditions, through her defense lawyer José Manuel Ubeira, Cristina requested the suspension of the elevation to oral trial and required a series of measures of proof, something that in her role as plaintiff is allowed.
One of the main criticisms of the vice president against the prosecutor's decision, pointed out two aspects pointed out in the request for elevation to oral trial, in which Rívolo maintained that there are no elements to attribute the financing of the attack to any political space.
The brief presented by the complaint maintains that "it is evident that the evidence produced in the "Federal Revolution" case reinforces what was said by this party when opposing the elevation to trial: every day new evidence appears, this case is in full process and raising it is nothing more than consecrating impunity. "
It refers to the investigation that is in charge of another judge, Marcelo Martínez De Giorgi, where the referents of the Federal Revolution group were prosecuted for instigation to violence for the type of activities carried out on public roads and that led to various incidents. Butthe federal justice has already determined that there is no link between that case and its defendants with the investigation that focuses on the attack suffered by the vice president, who has another judge in charge and where the crimes under analysis are also others.
The discussion on the report
In the filing of the complaint, reference is made to a report that Judge Martínez De Giorgi sent to prosecutor Rívolo where, after analyzing a drive with a large amount of information from Jonathan Morel – a reference to the Federal Revolution – it was concluded that there is nothing that can link said space with the accused in the case of the attack.
This is an analysis carried out by the General Directorate of Investigations and Technological Support for Criminal Investigation (DATIP), for which the forensic extraction corresponding to the storage service "Google Drive" of Jonathan Morel, one of the leaders of the group "Federal Revolution", was certified.
The conclusions of this analysis maintain: "There were no files that could be related to the link between the members of the group" led by Morel, "and the people accused in the case" that Judge Capuchetti is in charge of and that focuses on the attempted murder against the vice.
The prosecutor added something else from that report: "You can not relate or link the participation of those people (the young people arrested for the attack) in activities of the group."
Criticism of justice
In this regard, Cristina Kirchner's lawyer indicated that among the results appear, there is "the illegal financing of the Caputo family to the violent and anti-democratic group Federal Revolution, leaflets with threats to the Vice President of the Nation and consultations to CUITs of different people, including Cristina Fernández de Kirchner. "
For this reason, he asked that the possible link of the Federal Revolution space with the cause of the attack suffered by the vice president in September 2022 be further investigated. Sources in the case told Clarín that there is "evidence that, if necessary, should be requested in the framework of the other investigation."
In its criticism of prosecutor Rívolo and Judge Capuchetti, the brief reiterates what Cristina Kirchner wrote in her networks, "justice does not want to investigate."
Said the lawyer of the vice: "It is incredible that the prosecutor has not stopped even to analyze it and has continued with the elevation to trial. How many clues are going to be left uninvestigated, or are they going to be investigated only superficially, in the name of a theory of 'loose madmen' that makes water everywhere?"
Without ignoring the "undoubted political commotion generated by the attempted assassination of a Vice President of the Nation, a fact of enormous institutional gravity," said prosecutor Carlos Rívolo, "of all the telephones seized and analyzed, no link emerged of those named with any group or person that at this point even allowed us to suspect the possibility that they had been given assistance for the event."
Finally, when insisting on the suspension of the elevation to trial, Cristina Kirchner's lawyer maintained that they do not conceive that the Public Prosecutor's Office has received a report "in which there is a message in which a person who is part of a group dedicated to promoting violence against the Vice President offers himself for a "bullet activity" and did absolutely nothing. Or, rather, he did nothing with this evidence, because he did something with the cause: he decided to promote its elevation to trial by enshrining impunity."
The prosecution in the request for elevation to trial was based on the conclusions of the report that when it had to determine the link of the members of the Federal Revolution group with the accused in the case that bears as cover attempted homicide, it was indicated that "there were no files that could be related to the link of the members of the Federal Revolution group and the people accused in the case" in charge of Capuchetti.
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