Conviction cover for not "flush out" their whereabouts
Juvenile Judge No. 1 Sevilla, Alejandro Vian, was acquitted at the lowest known as the 'Cuckoo' from rape and murder of the young Marta del Castillo in Seville and has been sentenced solely for the crime of covering up to three years of confinement in a closed regime, having to serve two years and eleven months and the center closed last month on probation, all while he has criticized that "did not want to reveal" the whereabouts of the corpse. should be remembered that the Attorney for the defendant requested a sentence of six years of detention in a closed center, followed by three years probation for the crime of murder, two of sexual assault - as a direct perpetrator and another facilitate sexual assault perpetrated by Miguel Carcano - and one against the person for damage caused to parents by failing to disclose the whereabouts of the body. For his part, the complainant asked the same penalty for the crime of murder, two of sexual assault and a final desecration of corpses. In Case
notified the parties on Thursday, 35 pages and seen by Europa Press, the judge states that "it is impossible at the time of writing the abstract statement of memory or the memory of Martha and the immense pain that is hurting his family, especially after listening to parents declare and having endured the same session of the hearing with admirable dignity and respect he had shown up to this Court. " However, makes clear that the work entrusted to him "is not giving an opinion about what happened as a parent or citizen well, but only as a judge. "
Thus, the judge gave an account of the facts and considers it proven that in the afternoon of January 24, 2009 Miguel Carcano Marta went to the floor with Leon XIII where the crime took place, and once there, killed the girl, after all that mobile phone called "cuckoo" and "another person over age" - Samuel Benitez - to come to the home. The child then went home, where he had been with Samuel, and took the car owned by his mother, after which he went to the floor of Leo XIII.
Once there, as the judge continued, the child and Samuel Miguel met and his brother Francisco Javier Delgado beside the lifeless body of Marta. Thus, the 'Cuckoo' and the three adults decided, "acting by mutual agreement and in order to avoid the death was discovered, to remove the body," so "for this purpose, in an hour of undetermined morning of day 25, the youngest, assisted "by Samuel," pulled the body weight while Michael took out a wheelchair outside the house. "
TRANSFER BODY IN THE CAR OF THE MOTHER OF 'Cuckoo'
adds that "as soon as the conditions of the building is allowed, put the body of Marta in the wheelchair and took him to the where was the vehicle of the child's mother, entering the body lying in the rear seats and in-car "the child and Samuel, all as long as Michael rode his moped and followed the vehicle" to a place undetermined and giving the body a fate that today is totally ignored. "
Therefore, the judge considered that" there has been duly authorized or tested the child vaginally penetrated Marta, or to assist another person adult to do the same, and likewise also has been duly authorized or tested the child to participate in death. "
Well, alludes to the statement made on March 17, 2009 before the magistrate No. 4 by the confessed murderer, that he and the 'Cuckoo' have sexually assaulted and killed Marta del Castillo, and notes that "it is questionable whether there was any legitimate and justified because it impedes the prosecution to take Carcaño statement in the record of reform with the defense citing the child. " At this point, the judge says "not understanding the performance" of the prosecution and the fact that "is limited to the incorporation of the testimony of Michael, after the declaration provided in the older procedure without the assistance of counsel for the child supposed to that a substantial change in its position and is credited with the commission of serious crimes. "
" SPURIOUS MOBILE For Vendetta "
Thus, the statement asserts that Carcaño" no probative value for having violated during the investigation of the case to reform the basic guarantee of the principle contradiction, since the child's lawyer was unable to perform for reasons not attributable to it - is obviously not going to be the one who proposed for declaration as it is the main evidence against his client - not one question to Michael, which gives the 'cuckoo' the commission of no less a crime of murder and two counts of sexual assault because he has not been given part of the prosecution once appropriate and adequate for that. "
" Miguel's statement does not meet the requirements to destroy the fundamental right to presumption of innocence that protects the minor defendant, "the judge, while noting that the statement provided by the confessed murderer "are spurious mobile revenge or resentment towards the child, because" only glitch using that phone can be a logical explanation for the changes in version "of Carcaño regarding the participation ' Cuco '. Thus, suggests that Michael changed his version of the child to take revenge for having included his brother as a participant in the events and to exempt his brother from all liability.
In this vein, the judge revealed that Michael "has absolute control over events and can include and exclude at whim in the events involving people who wish appropriate at their own convenience and interest. "
also refers to the detection of a mixture of" perfect "genetic profiles of Martha and the child on the floor beside the table desk in the bedroom of Michael, just in where the events occurred, but asserts that the mixture "the only thing that is irrefutably proves that the minor was present on the floor of Leo XIII on the day the incident occurred and had contact with the body, but unfortunately the body has not appeared and has not been an autopsy. "
" conviction "YOU KNOW WHERE IS THE BODY
regard to crime against the person who accused the Prosecutors said the child "did not wish to reveal the location or fate that led to the body of Martha, when the judge has full conviction that knows exactly where is the body or the fate that led to it, or at least have some data that might lead to where the body is. "The child, with its failure to disclose the fate or whereabouts of the body is exercising - improperly or disproportionate - the constitutional rights it thinks ", he adds. Finally, and regarding the compensation of EUR 616,319.27 requesting the Prosecutor to the Ministry of the Interior for expenditure on the various search engines work, the judge rejected because the child has been found liable for a crime of concealment, which "is not configured as a form of participation in the crime, but as a separate crime against the Administration of Justice, so it can hardly generate a civil obligation for the Ministry of Interior. "
SOURCE: IRIN
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