The Oral Criminal and Correctional Court 30 of the City of Buenos Aires, this Friday granted house arrest to the 43-year-old woman, nicknamed “La china”, who was serving preventive detention in the Ezeiza prison accused of aggravated homicide by the relationship after suffering an “obstetric emergency”.
The request had been made by the defender of the defendant, Gastón Maranoand endorsed by the Prosecutor’s Office, who alleged “the family situation” of the defendant and that she is an “immigrant and has no other relatives in the country.”
On the other hand, in the debate hearing, the woman had asked that her house arrest be taken into consideration, since her children “need her at home”,
“He stressed that his youngest son suffers from attention deficit hyperactivity disorder, cries constantlyand unfortunately his biological father is not here, his partner having to fulfill the role of father for many years,” his lawyer said.
Marano told Télam that “two reports were prepared, one socio-environmental and the other technical with a positive result. The prosecutor did not object and gave rise to the request for house arrest through the prior implementation of an Ambulatory Monitoring Unit or GPS”.
In this regard, this Friday – at 6:30 p.m. – they placed the electronic bracelet and at 20:30 the transfer to his home was made.
Last hearing next Monday
Meanwhile, according to Marano, “next Monday the last hearing will be held with the testimony of 20 witnesses, including a psychologist from the Center for Legal and Social Studies (CELS) and an expert witness who is a doctor.”
Then, the arguments of the parties will be pronounced and the defendant will be able to pronounce her last words before the Court in charge of judges Luis María Rizzi, Guillermo Enrique Friele and Marcela Mónica Rodríguez, who must then issue their verdict.
“The case has been going on for two years, today progress is being made with house arrest, which is bittersweet because prison should never have existed”Marano specified.
“It makes me happy that today he sleeps at home and that he is with his two children, but it saddens me because I think that these cases should have another approach from the Justice and from the State”stressed the lawyer.
“These issues have to have an approach from the Ministry of Health and a specific sexual education,” he concluded.
Why is she charged?
The fact that is imputed to “La china” -a native of Venezuela- occurred on December 15, 2020 when, after a 38 weeks gestation, had an obstetric event classified as “avalanche delivery”in which she expelled a fetus, the umbilical cord and the placenta.
As she herself explained in a letter written in her cell at the Ezeiza Penitentiary Complex, she was unaware of her pregnancy and had had similar obstetric events on other occasions in his native country.
The woman deposited the bloody remains wrapped in a blanket in a garbage container near her house in the downtown area of Buenos Aires, after which she was identified and arrested.