federal judge María Eugenia Capuchetti once again refused to grant house arrest to Nicolás Gabriel Carrizoone of those detained for the attempted assassination of Vice President Cristina Fernández de Kirchner that occurred on September 1, after pointing out that there are “procedural risks” that would prevent moderation of her detention.
“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 a second attempt made by Carrizo’s defense, by lawyer Gastón Marano, presented last January 23 under the pretext that the prosecution of his client is firm but “his precautionary detention became an extension uncertain”.
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 on him, it emerged that “coexistence would be in an incipient stage” and “it would have developed only a few days prior to his arrest.”
The professional who conducted the interviews for the case also reported that “the relationship dates back a little over a year, and they would have kept it confidential from their social and family circles, despite claiming to have had regular contact during that period.” , as arises from the Capuchetti ruling.
Carrizo is prosecuted with preventive detention as a secondary participant in the attempted murder: before the courts 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 claiming to have participated in planning the attack.
When rejecting the new request to access house arrest, the judge maintained that “none of the assumptions mentioned in the cited articles are verified to proceed” to that benefit, while maintaining that “it has not been incorporated into This incident is evidence or any procedural circumstance developed that modifies the scenario that led to 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 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)”.
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, are 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 flight,” the prosecution had opined.
“Remember this date”, “This hdp (sic) is already dead”, “You don’t know what we did with this”, “Create fear”, “So that 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.
For this reason, Brenda Uliarte, an alleged partner of Sabag Montiel, who was with him in the vicinity of the building where the vice president lived, in the Buenos Aires neighborhood of Recoleta, is also being held on trial as co-author, the day they tried to kill her.
