Federal judge María Eugenia Capuchetti once again refused to grant house arrest to Nicolás Gabriel Carrizo, one of those detained by the attempted assassination of Vice President Cristina Fernández de Kirchner occurred on September 1 lastafter pointing out that there are “procedural risks” that would prevent moderating the modality of his detention.
“I consider that the procedural dangers dealt with at the time of evaluating the possibility that Carrizo faces the present criminal proceeding 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 said in a 6-page ruling signed yesterday.
It’s about a second attempt made by Carrizo’s defensein charge of the lawyer Gastón Marano, presented on January 23 under the pretext that the prosecution of his client is firm but “his precautionary detention became of uncertain extension.”
For this new attempt, his defense attorney proposed that he be sent 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 that they carried out, it emerged “coexistence would be in an incipient stage” and “it would have taken place only a few days prior to his arrest.”
The professional who conducted the interviews for the case also reported that “the relationship would date from a little over a year agoand they would have kept her secret from their social and family environments, despite claiming to have had regular contact during that period, “according to Capuchetti’s ruling.
Carrizo He is prosecuted with preventive detention as a secondary participant in the attempted murder: Before justice and public opinion, he presented himself as someone who gave work in the sale of snowflakes to Fernando Sabag Montiel -the man who tried to commit the attack-, but messages appeared on his cell phone in which he attributed participation in the attack planning.
By rejecting the new request to access home detention, The judge held 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 has been incorporated into this incidence or any procedural circumstance has been developed that modifies the scenario that motivated the denial of the first claim 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 appropriateand they 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 in preventive detention that Carrizo has been suffering does not seem disproportionate in relation to the seriousness of the act that confronts it, the complexity of the investigation and the legal precepts that regulate the institute (Law 25430)».
The judge also invoked in her ruling the opinion of the public prosecutor who “ruled that what was requested by Nicolás Gabriel Carrizo should not be favorably accepted, emphasizing that no new arguments were introduced to those duly evaluated by the Appeal dated 12/14/22” .
“The tenor of the communications found in the cell phone that was seized, added to the institutional seriousness of the facts investigated and the expectation of punishment for the crimes that are attributed to him, result indicators of sufficient entity to maintain the precautionary confinement of the defendant, since they make up a sufficient objective picture to affirm that there are procedural risks of escape, “the prosecution had opined.
“Remember this date” “This hdp (sic) is already dead”, “You don’t know what we did with this”, “Generate fear”, “So the government knows who they are messing with”are some of the messages sent from Carrizo’s cell phone in the hours after Sabag Monitel tried to assassinate the vice president.
Because of this Brenda Uliarte, an alleged partner of Sabag Montiel, is also being detained and is being prosecuted as a co-author. who was with him in the vicinity of the building where the vice president lived, in the Recoleta neighborhood of Buenos Aires, the day they tried to kill her.
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