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Defense Insists on Nullities, Seeks Acquittal in María Fernanda Case

Defense Insists on Nullities, Seeks Acquittal in María Fernanda Case

From ABC Color · () Spanish

Translated from Spanish, summarized and contextualized by DistantNews.

At a glance

News Sources not specified In the courts
  • Defense lawyers in the María Fernanda Benítez case are insisting on procedural nullities and seeking the definitive acquittal of one of the accused.
  • The defense argues that searches conducted during the investigation were legally invalid and null.
  • Prosecutors maintain the investigation's validity, asserting that evidence was obtained legally and plan to defend all questioned actions.

During the fifth day of pre-trial hearings for the María Fernanda Benítez murder case, defense attorneys strongly reiterated their arguments for procedural nullities, seeking the definitive dismissal of charges against one of the defendants. The defense team is challenging the validity of investigative actions carried out by the Public Ministry.

The three searches that were carried out are totally invalid and null searches.

— Gustavo BattagliaThe defense lawyer's argument regarding the legality of evidence gathered during the investigation.

Lawyer Gustavo Battaglia, representing Aureliano Villamor, the father-in-law of the main suspect, specifically questioned the Trial Court's decision to reject previous motions. He argued that the searches conducted during the investigation lacked legal validity. "The three searches that were carried out are totally invalid and null searches," Battaglia stated, adding that doctrinal and legal arguments were presented to refute the court's resolution.

Battaglia emphasized that if the nullity requests are granted, his client would automatically be definitively acquitted. "If these nullity requests are resolved favorably, definitive acquittal operates automatically in favor of my client," he affirmed. This stance highlights the defense's strategy of dismantling the prosecution's case through technical legal challenges.

If these nullity requests are resolved favorably, definitive acquittal operates automatically in favor of my client.

— Gustavo BattagliaThe defense lawyer explaining the potential outcome if their legal challenges are successful.

Conversely, prosecutor Fermín Segovia asserted that the defense's arguments are largely repetitions of those already considered and rejected by the Trial Court. He indicated that the prosecution would reiterate its arguments and present additional facts to support the court's review. Segovia expressed confidence that the investigation is backed by legally obtained evidence and that the court will uphold its previous decisions.

They are repetitions of those already raised. Nevertheless, at the time of the response, the prosecution will argue again and add some facts to facilitate the court's work.

— Fermín SegoviaThe prosecutor's response to the defense's repeated arguments.

Segovia explained that the Trial Court is expected to deliberate and rule on the motions immediately after hearing all parties. He anticipates that if time permits and no further procedural issues arise, the oral and public trial could officially commence on Tuesday afternoon. The case involves five adults accused in connection with María Fernanda Benítez's murder.

We believe we have valid documents and we will defend that in this hearing.

— Fermín SegoviaThe prosecutor's assertion of the validity of the evidence collected by the prosecution.
DistantNews Editorial

Originally published by ABC Color in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.