As had been announced the day the sentence was announced, the prosecutors of the trial for the crime of Fernando Báez Sosa, a homicide that occurred on January 18, 2020 in Villa Gesell, presented the appeal before the Buenos Aires Court of Criminal Cassation to ask that the three young people sentenced to 15 years in prison receive the same sentence as the other five sentenced: life imprisonment.
The allegation of the prosecutor Juan Manuel Dávila
This was reported to THE NATION qualified judicial sources. Juan Manuel Davila y gustavo garciawho brought forward the tax accusation before the Oral Criminal Court (TOC) No. 1 of Dolores, pointed out in their statement, presented the day before yesterday, in the same line as their closing argument during the trial and They considered it proven that all the defendants were co-authors of the crime of “aggravated homicide due to treachery and the premeditated competition of two or more people, in an ideal competition with minor injuries.”.
“The prosecutors, in their argument, maintained, as they did during the trial, that the eight defendants were co-authors of the murder of Báez Sosa”, explained the sources consulted. Dávila and García’s writing has 60 pages.
The representatives of the Public Prosecutor’s Office maintained that Blas Cinalli, Ayrton Violaz and Lucas Pertossi (who turned 24 yesterday) had the same degree of responsibility as Máximo Thomsen, Enzo Comelli (he turned 23 yesterday), Matias Benicelli and the brothers Luciano and Ciro Pertossi in the homicide that occurred in front of the Le Brique bowling alley more than three years ago.
For the prosecutors, “there were no roles”, but “everyone did everything” and “agreed to kill Fernando”, according to the evidence incorporated during the investigation, to 87 testimonies provided in the trial, and to dozens of videos reproduced and detailed expertise in the different audiences.
“There were no roles, everyone did everything. They all agreed to kill Fernando, in this way, they all beat him. There is no possibility of the quarrel figure. For there to be a fight there must be two groups fighting. There was no fight, there were not two groups, there was only one group that hit Báez Sosa ”, Prosecutor García had said during the plea, a month ago, on January 26.
For this reason, they rejected the classification of “secondary participants” imposed in their ruling of last February 6 by judges María Claudia Castro, Emiliano Lázzari and Christian Rabaia, and they understood that Cinalli, Viollaz and Lucas Pertossi should receive the same sentence of life imprisonment set for the other five.
The presentation was made before the court that carried out the oral debate, which will decide whether the appeal is admissible, and in that case it will be sent to Cassation.
“They are co-authors and do not have a secondary participation, as the court ruled. We have to read the fundamentals. The appeal that will be presented before Cassation will be based on that”Dávila had advanced the day the court announced the sentences.
Sources close to the cause indicated in this sense to the Télam news agency that both the defense and the representatives of Fernando’s family will do the same tomorrow, when the 20 calendar days that each party has expire.
The lawyers Fernando Burlando and Fabián and Facundo Améndola, representatives as individual victims of the victim’s parents, Silvino Báez and Graciela Sosa, will go along the same lines as the prosecution and will ratify the request that life imprisonment reach eight convicted, for understanding that they were all co-authors of the crime.
Sources of the cause indicated that Hugo Tomei, defender since the beginning of the case, will seek for his part to question both the conclusions of the sentence, as well as highlight the alleged procedural irregularities in the investigation.
Tomei will insist on the “inconsistency” that he understands existed between the original accusation and the one sustained during the request for sentences by both accusing parties, and will seek the acquittal of the eight convicted.
In a subsidiary way, it will try to get Cassation to make room for the proposal so that the act is framed in a lighter figure, such as a “homicide in the occasion of a fight”, which provides for a maximum sentence of six years in prison.
The defender will also request a hearing with the parties before the provincial court of appeal, in order to deepen their arguments, which will include the ratification of the different presentations made during the investigation.
The main point of questioning held by Tomei is the request for annulment of the statements of the accused before the Functional Instruction Unit 6 of Villa Gesell, the day after the crime.
The lawyer understands that these hearings were “non-existent”, and that for that reason the rest of the subsequent proceedings are invalid.
In principle, the Court of Appeals that should analyze the appeals of the parties should be number 2, because it already intervened in the case at the investigation stage: in July 2020, it rejected an appeal for “habeas corpus” as “inadmissible”. of the defense, which requested the release of the accused on the understanding that they suffered an “arbitrary deprivation of liberty”.
Regarding the convicted, sources of the case denied, on the other hand, different versions about alleged fights or confrontations between them, inside the Warden of the Melchor Romero prison, in La Plata, where they continue to be housed pending a possible transfer to a prison of the Buenos Aires Penitentiary Service.
Last Friday the youngsters played soccer inside the unit in the three hours they spend outside the cells.
Saturday, meanwhile, was the 24th birthday of Lucas Pertossi, the oldest in the group, and also of Comelli, who turned 23.
The convicts have been housed in the same place since March 13, 2020, in cells with a capacity for two people, and after staying momentarily in Penal Unit 6 of Dolores during the 6 weeks of the trial, they were transferred back after the sentence. .