The legal battle over the final days of one of sports’ most polarizing and beloved figures has returned to the courtroom. A new trial over Maradona’s death begins in Argentina this week, reopening a wound that has remained raw for the Argentine public since the football icon passed away in November 2020.
The proceedings, held in the northern Buenos Aires suburb of San Isidro, focus on the actions of a seven-member medical team tasked with the care of Diego Maradona during his home convalescence. The team is accused of gross negligence that prosecutors argue directly led to the death of the man who captained Argentina to World Cup glory in 1986.
The return to court comes 10 months after a previous trial collapsed in a scandal that mirrored the chaos often surrounding Maradona’s own life. That first attempt at justice was annulled after revelations that one of the three presiding judges, Julieta Makintach, had participated in a clandestine documentary about the case, compromising the impartiality of the court.
In the packed courtroom, the emotional weight of the case was palpable. Maradona’s daughters—Dalma, Gianinna, and Jana—alongside his former partner Veronica Ojeda, were present as the court began hearing evidence that could result in prison sentences of between eight and 25 years for the defendants.
The Prosecution’s Case: A “Cruel” Failure of Care
Prosecutor Patricio Ferrari opened the proceedings with a scathing assessment of the medical care provided to the 60-year-old legend. Ferrari described the medical team not as professionals, but as a “group of amateurs” whose repeated omissions created conditions he characterized as “cruel.”
The core of the prosecution’s argument rests on the decision to allow Maradona to recover at home rather than in a clinical setting following surgery for a brain clot. According to forensic experts, Maradona suffered from heart failure and acute pulmonary edema—a condition where fluid accumulates in the lungs—two weeks after the operation.
The prosecution contends that the window to save his life was missed due to a lack of basic medical vigilance. “Diego Maradona began to die 12 hours before his actual death,” Ferrari told the court, arguing that a simple transfer to a clinic via ambulance during his final week would have been sufficient to save him.
To illustrate the alleged negligence, Fernando Burlando, the lawyer representing Dalma and Gianinna Maradona, produced a stethoscope during his opening statement. He argued that the most fundamental tool of medicine was ignored during the critical period between November 11 and November 25, asserting that Maradona’s heartbeat was never properly monitored in those final two weeks.
A Judicial Collapse and a Second Chance at Justice
The road to this second trial has been fraught with procedural hurdles. The first trial, which began last year, had already seen hours of emotional testimony from Maradona’s children before it was derailed. The discovery of Judge Makintach’s involvement in a documentary project regarding the case led to an immediate annulment, forcing the legal process to reset.
This new phase of the trial is expected to be exhaustive, with the court scheduled to hear from approximately 120 witnesses. The defendants—a mix of doctors, psychologists, and nurses—face charges of homicide with possible intent, based on the theory that they pursued a course of action whereas knowing it could lead to death.
| Date/Period | Event | Status/Outcome |
|---|---|---|
| November 2020 | Death of Diego Maradona | Heart failure/pulmonary edema |
| 2023 | Initial Trial | Annulled due to judge misconduct |
| Early 2024 | New Trial Begins | Ongoing in San Isidro |
| July (Expected) | Trial Conclusion | Earliest projected date for resolution |
The Defense: A Life of Struggle and Natural Causes
The defense team has countered these accusations by pointing to Maradona’s complex medical history. The flamboyant striker, revered for his genius on the pitch for Boca Juniors and Napoli, spent decades battling addictions to cocaine and alcohol, which the defense argues contributed to a fragile state of health.
Vadim Mischanchuk, the lawyer representing psychiatrist Agustina Cosachov, has maintained that there was no “malicious criminal plan” to harm the athlete. The defense contends that Maradona died of natural causes exacerbated by his lifelong health struggles, rather than as a result of clinical negligence.
This tension between “natural causes” and “avoidable negligence” sits at the heart of the trial. While the prosecution sees a series of fatal errors, the defense sees a man whose body had simply reached its limit after years of physical and chemical strain.
The Legacy of “D10s” in Argentina
Outside the San Isidro courthouse, the trial is more than a legal proceeding; it is a cultural event. About 50 supporters gathered with Argentine flags and banners demanding justice for “D10s”—a linguistic play on “Dios” (the Spanish word for God) and Maradona’s iconic number 10 jersey.
The reverence for Maradona in Argentina remains unmatched. His death in 2020, occurring amidst the global COVID-19 pandemic, triggered a national mourning period. Tens of thousands of people queued for hours to pay their respects as his body lay in state at the presidential palace, underscoring the stakes of this trial for a nation that views him as a secular saint.
Disclaimer: This article reports on ongoing legal proceedings. All defendants are presumed innocent until proven guilty in a court of law.
The trial is expected to continue through the spring, with a verdict unlikely before July. The coming weeks will see a parade of medical experts and personal aides testify to the exact nature of the care provided in the quiet hours of Maradona’s final days.
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