Almost three years after the crime, on Monday, January 2, 2023, the eight accused of having beaten to death Fernando Baez Sosa During the early morning of January 18, 2020, at the exit of the Le Brique nightclub in Villa Gesell, they will face the trial against them. They are accused of killing with treachery and of having devised a plan to kill treacherously. They are also accused of “minor injuries” Suffered by friends of Fernando, who were with him the morning of the crime.
They can be sentenced to life imprisonment.
On Sunday at 8 am, almost 24 hours after the start of the debate, a cell phone from the Buenos Aires Penitentiary Service transferred Máximo Thomsen, Enzo Comelli, Matías Benicelli, Ayrton Viollaz, Blas Cinalli, Luciano, Lucas Y Cyrus Pertossi to Unit No. 6 of Dolores, where they arrived at 10, as they confirmed to infobae sources from the Buenos Aires Penitentiary Service.
It is not the first time they have been staying in Dolores: the rugbiers were already detained there, between January 29 and March 13, 2020, before their transfer to Alcaidía No. 3 of the Buenos Aires prison of Melchor Romero was arranged. in La Plata. His return to the city jail required a security deployment. Thus, from the early hours of Sunday, the street Riobamba at 200where the main entrance of the Dolores prison is located, is fenced between Alberdi and Leandro N. Alem.
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Although it has not yet been confirmed if the defendants are going to remain in Dolores during the course of the debate or if they are only going to attend the first and last hearing and then continue the process by Zoom from Melchor Romero; Sources close to the investigation confided to this medium that they are likely to attend all the hearings.
“The Court room is prepared for the eight to go in person, throughout the debate, with two custodians and two family members per accused”, they explained to infobae the same sources.
The trial, where the criminal responsibilities of each one, will take place from 9 am in the Criminal Court No. 1 of Doloresmade up of judges Maria Claudia Castro, Christian Rabaia Y Emiliano Lazzariin the Courtroom of the Palacio de Tribunales of that locality.
On behalf of the Public Ministry, the prosecutor will intervene Juan Manuel Davila, in charge of the Prosecutor for Trial No. 8 of Dolores. The victim’s representatives are Fernando Burlando Y Fabian and Facundo Amendola. Meanwhile, the defense of the accused will be in charge of Hugo Tomei.
So that the development of the debate is 100% guaranteed in the event of any blackout, it has already been installed a generator set at the door of Palace of the Courts of Dolores, anticipating possible power outages.
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As provided in the schedule, through TOC No. 1, between January 2 and 18, 2023, more than 170 witnesses. Silvino and Graciela, the parents of the victim and plaintiffs in the file, were summoned to testify in the first trial hearing. It will be broadcast on the YouTube channel of the Supreme Court of Justice of the Province of Buenos Aires.
“Despite the nerves and anguish we will try to be strong. We will be the voice of our son, along with our team of lawyers,” Silvino told infobae, hours before the debate began. Graciela, meanwhile, emphasized the face-to-face meeting with the accused. “It’s going to be a hard time facing Fer’s murderers, but it’s something we’ve been waiting for a long time.”, he maintained in telephone communication with this medium and trusted that they will stay in Dolores throughout the trial.
Witness list also includes Juan Pedro Guarino Y Alejo Milanesi —the rugby players originally charged who were later dismissed— and Paul Venturathe rower from Zárate falsely accused of the murder who was imprisoned for four days.
Another name that stands out is that of Gustavo Presman: the forensic computer expert in the complaint against Sandra Arroyo Salgado in the case of the prosecutor’s death Alberto Nisman. According to details on the list, Presman was subpoenaed by the defense.
Guarino and Milanesi are the last two witnesses scheduled, scheduled for the last of the 13 statement hearings, scheduled for January 18. They were requested both by the complaint – led by Fernando Burlando and Fabián Améndola, representatives of Fernando’s parents – and by the defense, in charge of the lawyer Hugo Tomei.
The two young men from Zárate regained their freedom after twelve days of confinement in the Dolores prison, on February 10, 2020. At the end of the preparatory criminal investigation, the Villa Gesell prosecutor, Veronica Zambonirequested that the decree be dismissal of both. First of all, because the rounds of recognition against him were negativeas well as the cell phone expertise and the follow-ups of the security cameras.
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“The truth is They could not be located either, due to the film sequencesin the direct place of the attack on Fernando, but only in the immediate vicinity and far from the victim,” Zamboni said in a letter.
But above all, The prosecutor assessed that the DNA studies carried out on her own clothing and shoes did not find compatible traces with samples taken from the victim. There were also no traces of skin from both young men under the nails of Fernando Báez Sosa, who came to defend himself and, in that attempt, scratched one of his attackers.
The crime
According to the request for trial, Fernando’s crime occurred between 4:41 a.m. and 5:00 a.m. on January 18, 2020, in front of the dance venue located on Avenida 3 and Paseo 102, in the heart of the resort town of Villa Gesell. , in front of the dance club Le Brique.
The accusation against the defendants maintains that they made the decision to kill to Báez Sosa and that, to execute the plan, they divided their functions. Thus, five of them (Máximo Thomsen, Ciro Pertossi, Enzo Comelli, Matías Benicelli and Blas Cinalli) went to look for Fernando, “they took him off guard and turned his back” and “began to hit him on different parts of his body.”
When the 18-year-old fell to the ground, and “taking even more advantage of that defenseless situation”, they proceeded to give him a brutal blow, a kick that caused his death almost immediately, by causing “cardiac arrest caused by shock neurogenic due to head trauma.
While all this was happening, the other three (Ayrton Viollaz, Lucas and Luciano Pertossi) formed “a kind of cordon” to prevent Fernando’s friends from being able to help him and, furthermore, they beat them several times. Therefore, the accusation includes the crime of minor injuries.
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