The actor refused to testify when he was summoned to the investigation but later presented a brief in which, in addition to denying the facts, he attributed the accusations to a psychiatric imbalance of his accusers.
“From a meticulous and careful analysis of the records that have been produced and incorporated in the proceedings throughout this instruction, it is noted that the factual framework collected to date is not capable of determining -with the degree of probability required by this procedural instance – the materiality of the events under study, “said the judge.
In a 46-page ruling, the magistrate reviewed one by one the facts reproached against Gianola and the evidence gathered in the investigation, to reach the conclusion that she does not have sufficient evidence to prosecute him but not to unlink him.
“It is premature to adopt a temperament that definitively disassociates the defendant from these actions, since prior to ordering any type of conclusive resolution that could put an end to his submission to the process, I consider it essential to expand the procedures carried out, suggesting that the Fiscal Unit for Crimes of Violence Against Women “, the magistrate decided.
In this sense, it ordered “the realization of a series of suitable expertises to perfect the evidentiary framework and thus arrive at the clarification of the facts under investigation.”
Among the test measures, the judge ordered that the two complainants, Fernanda Silvia Meneses and Marcela Viviana Aguirre, be given “extensive psychological reports” to establish “their structure and personality characteristics; they show signs or symptoms of having suffered some A fact likely to affect their sexual integrity; if this is a positive result, the damage caused to health by the facts under investigation be evaluated. “
In relation to the events denounced by Meneses, the ruling highlighted that with Gianola “they had known each other for several years”, and added: “there is no doubt – beyond the love bond they had shared at the time – that Meneses and Gianola were it united an employment relationship, which with the passage of time, was denoting disagreements and nuances “.
In this context, he elucidated that “having suffered such an aberrant and traumatic situation, it is difficult to understand how later, he resumed the work and friendship relationship with the actor, which lasted for years.”
As for Aguirre, who worked with Gianola at Radio Colonia, the judge held that it is impossible that the sexual abuses reported in that area had not been perceived by witnesses, since they occurred -according to the accusation- during the schedule of the program they shared.
“Given the size of the place and the position occupied by each of the members of the program, it is unlikely that neither Verónica Morilla, co-host of the program, nor the operator would have registered that Gianola starred in the events described.”
However, the prosecutor Mariela Labozzetta, in charge of the Specialized Fiscal Unit for Violence against Women (UFEM), had considered one of the acts of sexual abuse proven: the one that had Viviana Aguirre as the alleged victim.
The event in question was in May 2019, between 8 p.m. and 9 p.m., when Aguirre reported that Gianola was sitting next to him and touched his left leg twice from hip to knee, at the same time saying: “Viviana today you brought legs “. She related that this happened while the program was on the air. Aguirre accuses him of two other facts.
The prosecutor invoked the testimony of another radio colleague, who claimed to have seen when Gianola touched Aguirre’s leg around the same time.
“Sitting what precedes, and having regard to the reference to this part on the description of the fact in question, I would like to let you know that the considerations set forth here in relation to the facts that make up the procedural object of this case should be borne in mind based on what acted by this Unit during the investigation and in the investigation report, “the prosecutor explained to Judge Gómez Maiorano. This presentation was made after Gianola was questioned.
On Thursday and in the midst of the accusations, the actor began to feel severe pain in his chest while he was at home and in the company of his son, for which they had to call a medical service to attend to him. The news was known in the program “A la Tarde” that is emitted by America.
Source From: Ambito
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