The brief, to which EL MUNDO has had access, has been presented at the Provincial Court of Burgos. The defense claims that the right of presumption of innocence has been “violated” and that the child's declaration is taken as “unique” despite having witnessed
Ral Calvo, one of those sentenced to 38 years in prison.
The defense of three former players of the Arandina CF doomed to 38 years in prison each for a crime of sexual assault at a child under 15 in his flat Aranda de Duero has interposed in the Provincial Court of Burgos Appeals against the judgment of the trial. Said appeal has been admitted to trmite, and now the accusations and the Fiscala will be available until January 27 to challenge it.
In the brief, to which EL MUNDO has had access, the defense asks “free acquittal or nullity of the sentence“to understand that”the denounced facts did not happen“, several of the rights of the damned have been” violated, “have not been taken into account “some of the statements performed at the trial and the declaration of the minor is taken as “unique”: “The victim's statement is not the only one available to the court to make its decision as to whether it is sufficient to energe the presumption of innocence. Such intimacy did not ever occur, given the constant presence of a witness. court does not value its manifestations despite proving to be the only witness“.
According to the sentence, that fourth witness “He went to move into the room, not being tested if he remained in it or left the floor after changing his clothes.” The defense says that believing the version of the child will be “an act of faith”: “It will not be admissible to found the resolution in a kind of Act of faith unconditioned in the veracity of the version of who is said to be a victim as disgusting as the denounced fact is. “
The appeal for defense also focuses on the “different versions“that the minor gives the facts denounced to various interlocutors and that the sentence” justifies by their immaturity “, according to the writing, and” turns psychologists into witnesses. “” The psychologist values the likelihood of their statements, but not the veracity of them “, they claim.
In addition, they argue that the environmental intimidation, basis of the sentence, to which the sentence “cannot be sustained” refers. “It is enough to watch the video (of the application 'musical.ly') to dismantle that existed. On three occasions the minor could have left home, and did not.”
Carlos Cuadrado 'Lucho', Vctor Rodrguez 'Viti' and Ral Calvo, the three former convicted players have maintained the situation of provisional freedom since March 2018. The Fiscal Ministry requested its appearance in December for the modification of its condition, but the Chamber decided to maintain it, among other things, as there was no risk of leakage.
According to the criteria of
Know more