“We are going to expose all the arguments for which we do not agree with the reconstruction of the facts or with the legal qualification”said to telam lawyer Vadim Mishanchukdefender of the psychiatrist Agustina Cosachov (37).
The lawyer was the one who first requested what is technically called the hearing of article 447 of the Criminal Procedure Code Buenos Aires, and that is done to orally improve the arguments of his appeal, in which he requested the dismissal of the psychologist and, failing that, an eventual change to a more benign rating for his client.
That request was later joined by the defenses of the nurse Dahiana Gisela Madrid (38) and that of the general practitioner Peter Paul Di Spagna (49), which, like mischanchukmay present at this hearing.
In addition to the three already mentioned, the other five defendants in the case are the neurosurgeon and family doctor Leopoldo Luciano Luque (41); the psychologist Carlos Angel “Charly” Diaz (30); the medical coordinator of the prepaid Swiss Medical, Nancy Edith Forlini (53); the nursing coordinator Mariano Ariel Perroni (41); and the nurse Ricardo Omar Almiron (39).
The team of three prosecutors that the attorney general of San Isidro, john broyadand which is made up of its deputy attorneys general, patrick ferrari and Cosme Iribarrenand by the prosecutor of Benavidez, laura capra, accused the eight of them as co-authors of a “simple homicide with eventual intent”with a penalty of between 8 and 25 years in prison.
It has been almost eight months since the judge of Guarantees 2 of San Isidro, Orlando Abel Diazafter the request of the team of prosecutors that investigated the case, raised the file to oral trial, but the defenses of the eight defendants appealed that resolution and since then the case has been under the analysis of Chamber III of the Chamber of Appeals and Guarantees of San Isidro.
They will be the chambermaids Gustavo Adrian Herbel and Carlos Fabian White -and if there is dissidence it will be added Ernesto Garcia Maañón-, who define the future of the eight health professionals, after this hearing scheduled for March 7.
Only if the Chamber of San Isidro confirms everything acted in the instruction, the cause will go to draw to designate the Oral Criminal Court of San Isidro that it must judge, not before the second half of 2023, according to estimates, the defendants.
When he brought the case to trial on June 22, the judge Diaz maintained that the eight defendants did not comply “with the mandate to act that good medical practice placed in their heads”and how “guarantors” of the ex-soccer player’s condition, they had the possibility of “reverse” their heart chart and they didn’t.
In his ruling, Diaz also brought to trial luke for the crime of “use of false private document”because they accuse him of having used a forged signature of Maradona to request a medical history; already Cossachev by “ideological falsehood”since she is accused of having produced a certificate of mental aptitude of Diego without going to visit him.
The prosecutors Ferrari, Iribarren and Capra and the judge Diaz They agreed that all of them should face charges as alleged co-authors of a “simple homicide with eventual intent”.
According to the tax hypothesis raised in the request for trial, the medical team of Maradona was “poor”, “reckless” and “indifferent”he knew that “10” could die in the state he was in and he did nothing to prevent it.
Despite being a crime that has an expected sentence of 8 to 25 years in prison, the prosecutors never requested the arrests and the eight defendants were always free and thus they will reach the oral trial if it is confirmed for them.
Maradonaone of the greatest figures in the history of world soccer, died at the age of 60 of pulmonary edema and heart failure on November 25, 2020 in a house in the private neighborhood of San Andrés, in Tigerwhere he was undergoing a questioned home hospitalization due to his addiction to alcohol and after having undergone neurosurgery.
The autopsy established that he died as a result of a “acute pulmonary edema secondary to exacerbated chronic heart failure” and discovered in their hearts a “dilated cardiomyopathy”.
Source: Ambito
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