Thursday, January 26, 2023 | 8:15 a.m.
The defense lawyer for the eight defendants for the crime of Fernando Báez Sosa, committed on January 18 at the exit of the “Le Brique” nightclub in Villa Gesell, will present his foundations this Thursday in the second day of allegations, after the prosecution and the individual victim requested yesterday the sentence of life imprisonment for all the defendants.
Meanwhile, it is expected that at the end of the allegations the eight rugbiers say their “last words” as well as the parents of the young law student murdered.
Judicial sources confirmed to Télam that starting at 9 o’clock, in the courtroom on the first floor of the Oral Criminal Court (TOC) 1 in Dolores, defense attorney Hugo Tomei will present his plea.
Tomei’s strategy outlined during the oral debate was based on demonstrating that the crime of the young law student was in the context of a fight, so that its guidelines could point towards a “homicide in a fight or assault”, which according to the article 95 of the Criminal Code provides for a sentence of between 2 and 6 years in prison.
After the conclusion of his plea, it will be time for the replies by the prosecutors Gustavo García and Juan Manuel Dávila and the lawyers of the victim, Fernando Burlando, Fabián Améndola and Facundo Améndola.
Finally, the defendants Máximo Thomsen (23), Enzo Comelli (22), Matías Benicelli (23), Blas Cinalli (21), Ayrton Viollaz (23), and Luciano (21) will be granted the right to their “last words”. ), Ciro (22) and Lucas Pertossi (23).
The so-called “last words” are a guarantee provided for in article 368 of the Buenos Aires Criminal Procedure Code, which establishes that, as the last act, the president or the president of the court “will ask the accused person, under sanction of nullity, if he has anything to manifest” and then “will close the debate”.
In the cases of Viollaz, Benicelli and Comelli, it will also be the chance to say something for the first time since the trial began on January 2, since they are the only three defendants who did not break their silence during the 13 days of testimonials.
As relatives of the victim, Fernando’s parents, Silvino Báez and Graciela Sosa, will also be in a position to say a few last words, although in their case, their representatives as the injured individual, Burlando and Améndola, must request it.
Sources close to the private prosecution indicated that both parents intend to make use of this right, and in the event that the president of the court, María Claudia Castro, allows it.
The instance will be broadcast on the YouTube channel of the Buenos Aires Supreme Court of Justice, as occurred with the opening of the trial.
