federal judge Maria Eugenia Capuchetti rejected again the request for house arrest of Nicolás Gabriel Carrizo, the young man linked in “the Copitos gang” to Fernando Sabag Montiel, who triggered a pistol near the head of Vice President Cristina Fernández de Kirchner on September 1st. For the magistrate “there are procedural risks” that prevent alleviating Carrizo’s detention, sending him to his house or his girlfriend’s house, which is what his lawyer had requested until the respective trial is carried out.
“I consider that the procedural dangers treated at the time of evaluating the possibility that Carrizo faces the present criminal process in freedom remain unchanged. Risks that, for the moment, cannot be neutralized through other means that are less harmful to the rights of the accused”the magistrate maintained in a 6-page ruling signed this Friday.
This is the second act in this sense by Carrizo’s defense, in charge of Dr. Gaston Maranopresented on January 23, arguing that “although the prosecution of his defendant is firm, his detention on a precautionary basis becomes uncertain for extension.”
It was then that the lawyer requested that Carrizo be sent with house arrest to the house of his alleged partner, with whom he would have lived days before being arrested in mid-September. But from the socio-environmental study carried out on him, another piece of information emerged against the drink seller: the specialists considered that the coexistence of Carrizo and his girlfriend “would be in an incipient stage” and “would have developed only a few days prior to the arrest of him”.
“The relationship would date back a little over a year, and they would have kept it secret from their social and family circles, despite claiming to have had regular contact during that period”indicates the report that Capuchetti received.
Carrizo is prosecuted with preventive detention as a secondary participant in the attempted murder, however, before the courts and public opinion, he presented himself as someone who only gave work selling snowflakes on the street to Fernando Sabag Montiel -the true executing arm of the attack-, although messages appeared on his cell phone in which he attributed participation in the planning of the attack.
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When rejecting the request, Capuchetti maintained that “none of the assumptions mentioned in the cited articles are verified for it to proceed” to that benefit, while maintaining that “no probative element or developed procedural circumstance has been incorporated into this incident any that modifies the scenario that motivated the denial of the first statement made in this same incident”.
“The procedural objections that the defense may have regarding the speed with which the investigation is currently advancing to the next plenary stage, can be channeled through the proposals that the party deems appropriate, and must also be contextualized in the current section in which the process is framed”, the judge responded to the proposal of Carrizo’s defense.
“Notwithstanding this -he continued-, house arrest is not the institute to settle such claims, especially since the time of preventive detention that Carrizo has been suffering does not seem disproportionate in relation to the seriousness of the fact that confronts him, the complexity of research and the legal precepts that regulate the institute (Law 25430)”.
TE/HB
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