The magistrate rejects that there were indications of guilt on which the Prosecutor’s Office was based to request the reviewable permanent prison
The Provincial Court of Murcia excludes the guilt of the accused of killing and trying to rape his great-aunt in Abarán. After a popular jury acquitted Joaquín GV after the trial, the magistrate-president, Isabel María Carrillo, makes statements in a sentence that leave no doubt about the innocence of the accused. In addition, she points out the “existence of contraindications” and the “weak arguments” put forward by the Public Ministry. In this case, the already prosecuted faced the first reviewable permanent prison in the Region.
As to whether the accused entered the victim’s home between 3:00 p.m. on April 22 and early on the 24th, “using a copy of the keys” of the house that his mother kept, the ruling states that “the reason expressed by the jury is that the defendant cannot be placed at the scene. For this conclusion, documentary evidence is taken into account in which “the record of the hours of entry and exit of his workplace is reflected, in addition to the expert report of his telephone and activity and the recording of the security cameras in the period between 3:00 p.m. on April 22 (when the events were committed) and 11:59 p.m. on the 23rd.”
“No evidence has been carried out that allows the accused to be located at the victim’s home or in the temporary space referred to in the final accusatory document, neither in the days before nor after the discovery of the body”, sentenced the magistrate-president. She points out that Joaquín GV “has accredited all his activity and location by the test carried out at his request, with the data dumped from his mobile phone.” Thus, he maintains that, after the declaration of the experts and the investigators, “the conclusion is reached that the telephone was connected to the wireless network of the work center at 3:00 p.m. and until its departure at 7:41 p.m.
The ruling states that “the possibility was pointed out, by the Public Ministry, that the accused could have moved from his home to that of the victim without carrying the mobile phone, hypothesis or orphan assumption of evidence.” Regarding the study of his device, a member of the Armed Institute “indicated that there was nothing of interest for the investigation.” It adds that the analyzes of the defense experts, who detected the web pages visited on the Internet with the device, “mostly erotic or pornographic content”, show that “there was practically continuous activity, a temporal sequence of records and a timeline of events inconsistent with the facts of this proceeding.”
“In addition to the autopsy report issued by the forensic doctor, in which there is no evidence of any trace of sexual assault, she testified in plenary that she did not see any injuries to her genitals and that she had no restraint or force injuries on her arms or in other parts of the body, “says the Court. «The attempted sexual assault would have left some trace, if not biological, because there could have been no penetration, but of trying to have sexual relations against the will of the victim, by restraining her to immobilize her and achieve her purpose. But none of that is appreciated.”
“No circumstantial evidence”
The magistrate also refers in the sentence to the “absence of traces of the accused at the scene of the crime” and the lack of evidence that the alleged perpetrator of the acts had used ammonia to stun the victim, since “this substance does not appear nor other similar ones inside the organs of the victim, nor remains of Joaquín’s DNA or on the nails and hands, nor of semen, in the victim».
At the end of the sentence, the Court states that, “with these parameters, if we analyze the indications previously expressed as elaborated by the Public Prosecutor’s Office to reach the conclusion of authorship by the accused, we are left without sufficient and valid circumstantial evidence to unnerve the presumption of innocence”. He adds that “some of them are based on indirect evidence (they are useless), others on mere probabilities, others on suspicions. And, what is more important, the entire conclusion of the accusation has been based on the existence of a sexual motive, in attention to the telephone intervention and in the expert opinion provided by the defense, in which it is shown that the On the present day, the defendant was a regular visitor to pornographic pages. From there, he has claimed responsibility for a crime of burglary, attempted sexual assault and murder ».
The magistrate continues her ruling explaining that “the motive is neither an objective requirement of the criminal type nor does it need to be proven. What needs proof are the facts that constitute the typical behavior and, of course, given the overwhelming existence of contraindication assessed by the Jury Court, which is not that they cast doubt on the authorship but that they exclude it, the pronouncement of not guilty It has been declared on solid grounds and evidence, without paying attention to the weak arguments of the public accusation».
“Is innocent; I hope the Civil Guard arrests the real author”
Joaquín GV’s lawyer, the penalist Pablo Martínez, affirms that he is “very happy to have defended the first person who faced permanent prison in the Region. And, despite the challenge that this entailed, having obtained his acquittal in a trial as complex as a murder before a Popular Jury». He adds that “the sentence shows that not only has my client’s guilt not been proven, but also his innocence, and that it is impossible that he was the author of Maruja’s death.” The lawyer thanks “the popular jury for their good work and the analysis of the evidence they have carried out, including the expert opinion carried out on the telephone. Hopefully the Civil Guard can arrest the true author of the events and thus silence any doubt that may exist about my client. He has not been acquitted for lack of evidence, but he has been acquitted for being innocent ».
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