Koldo García claims the judge for his pendrive to be able to defend himself and says that a year is enough to analyze them

The defense of Koldo García, exassor of the Minister of Transportation José Luis Ábalos, has resorted to the Criminal Chamber of the National Court the decision of Judge Ismael Moreno not to deliver all the memory devices and mobile phones that were seized during his detention in February 2024.

In the brief, García Alega’s lawyer needs those devices to be able to defend himself from the accusations that weigh on the National Court and the Supreme Court and alleges that thirteen months is a “more than enough time for the cloning/overturned” of the external memories and the phones. In addition, he claims in another writing that, given that refusal, at least one copy of the intervened content is provided.

Judge Moreno, according to the Prosecutor’s Office, denied the return of the aforementioned effects to Garcia under the argument that they were still the object of analysis by the Civil Guard and given the possibility that some alteration of them could occur and thus be questioned the chain of custody. In the appeal, the lawyer maintains that this danger is conjured with “the sealing and sealing” by the judicial authority, the delivery and cloning acts and the backups, “with their corresponding fingerprints that guarantee the integrity and authenticity of the cloned.”

It also states that the argumentation of the instructor “lacks every sense” because, otherwise, the return of the devices intervened would never occur until once the processes are completely completed. It also considers that the judge’s thesis confronts the law and jurisprudence that establishes that the rights of the owner prevail when there are alternative means that allow obtaining the information contained in the effects seized necessary for the investigation, but also with the way of proceeding with this Court of the National Court on other similar occasions.

Civil Guard agents registered García and his partner in Alicante for nine hours on February 20, 2020. The agents were seized of 23 mobile phones, 12 hard drives, a computer, a tablet, a recorder and two pendrive, according to the record of that record provided to the summary.