The defense attorney of the eight accused for him crime of Fernando Báez Sosacommitted on January 18 at the exit of the “Le Brique” nightclub in Villa Gesell, exposes its foundations in the second day of allegations, after the prosecution and the victim requested yesterday the penalty of life imprisonment for all 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, 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, therefore its guidelines could point to a “homicide in a fight or assault”, which according to article 95 of the Penal Code provides for a penalty 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 defense of the eight defendants aims to demonstrate that it was a “homicide in a fight”
Báez Sosa case: will the defendants speak?
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 penalty 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.
Next, Castro will announce the date of the sentence, which could be announced on January 30 or 31.
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.
Fernando Báez Sosa was assassinated three years ago at the exit of the nightclub “Le Brique” in Villa Gesell
The requests of the complaint and the prosecution
On the first day of allegations, both the Public Prosecutor’s Office and the lawyers for the Báez Sosa family agreed to request life imprisonment for the eight defendants, considering them co-authors of the crime of “aggravated homicide due to treachery and the premeditated concurrence of two or more persons” in an ideal competition with “minor injuries” for beating the victim’s friends.
In his plea, Dávila assured that the eight defendants are “co-authors” of the murder because they had “co-control of the act, the possibility of starting, continuing and stopping the causal course of the crime.”
In this way, the prosecutor ratified the accusation that he postulated at the beginning of the trial on the 2nd of this month, stating that all the defendants had an active participation in the crime of the young law student.
As in previous hearings, Fernando’s parents, Silvino Báez and Graciela Sosa, were present throughout the day, which continued in the afternoon with the arguments of their lawyers Fernando Burlando, Fabián and Facundo Améndola.
Burlando adhered to the request of the prosecution, maintained that “all” the defendants had the “will to kill” and planned a “manhunt”, while the victim was “shot with blows and kicks”.
