Thursday, December 29, 2022 | 6:16 p.m.
Nicolás Gabriel Carrizo, detained and prosecuted as a secondary participant in the attempted murder of Vice President Cristina Fernández de Kirchner, was summoned to expand his investigation within the framework of that investigation, as a result of new text messages being found on his cell phone claimed to have participated in the planning of the attack.
The federal judge María Eugenia Capuchetti summoned him for next January 5, after the Federal Chamber of Buenos Aires ordered him on the afternoon of this Thursday to move in that direction based on a proposal formulated by the former president’s complaint that the magistrate had rejected in the first instance.
The appeals court resolved it before a complaint filed by the Vice President herself that had been rejected in the first instance by Judge Capuchetti, in a decision that was appealed by lawyers José Manuel Ubeira and Marcos Aldazabal.
The judges resolved to “instruct the senior judge to proceed in accordance with the guidelines outlined in the preceding recitals”, in a 6-page ruling in which they referred to the need to show Carrizo the new evidence incorporated into the file, which could lead to that the investigations of the main defendants Fernando Sabag Montiel and Brenda Uliarte (co-perpetrators of the attack) be also expanded and in a reclassification of the facts.
“We are here before novel evidence, which was incorporated -as such- after receiving the statement of the accused, since the report prepared by the DATIP (Directorate of Technological Support for Criminal Investigation of the Public Ministry Prosecutor) where the messages in question are specifically identified, was contributed to the file on October 26 of this year,” the judges held.
“And although it is true that the current procedural system does not require that the notice issued to the accused be extended each time a new element of evidence is added to the summary, the characteristics that the specific case exhibits advise that said elements should be imposed. to Nicolás Gabriel Carrizo, thus guaranteeing in the widest possible way the adequate exercise of his right to defense in court,” they added.
Until now, Sabag Montiel and Brenda Uliarte are prosecuted as co-perpetrators of the attempted murder, while Carrizo was considered a secondary participant, without whom the attack could have occurred just as well. When they asked to expand the investigations, the lawyers for the lawsuit demanded that they be prosecuted as members of an illegal association that, in addition to trying to kill the vice president, sought to destabilize the government.
