The Court of Justice of the State of Rio de Janeiro ruled that former councilor Jairo Souza Santos Junior, Dr. Jairinho, and Monique Medeiros, will go to popular jury on charges of having killed the boy Henry Borel, son of Monique, in March 2021.
The decision is made by Judge Elizabeth Machado Louro, of the 2nd Criminal Court of the capital, who also ordered the maintenance of Jairinho’s provisional detention. Monique Medeiros will await the trial in freedom.
The judge considered that the former councilor should remain in prison due to the need to ensure public order, for the other criminal proceedings to which he responds, “some of which for analogous facts and with the use of a very similar modus operandi, which induces the probability of re-offend”.
As for Monique, the magistrate highlights that the defendant did not fail to comply with the conditions imposed for her release, obtained habeas corpus in her favor and did not give cause for reversal of the measure. “I recognize your right to await trial in freedom,” she considered.
In the decision, the judge acquitted the defendants for the crime of procedural fraud and also found Monique not guilty of torture and misrepresentation charges. The magistrate also considered that there is not enough evidence for Jairinho to answer for the crime of coercion in the course of the process.
Jairinho’s defense, among other allegations, disputes the expert reports and denies that the 4-year-old boy was murdered. According to the accused, Henry was found unconscious in the residence where the couple lived, in Barra da Tijuca, in the early hours of March 8. Taken to hospital with multiple bodily injuries, the boy was pronounced dead from internal bleeding and liver laceration.
Judge Elizabeth Louro considered in her decision that the conclusions of the case unquestionably rule out the possibility of a fall or domestic accident as causes for the clinical state in which the victim arrived at the hospital.
“Such conclusions, which relied on the expertise of coroners and criminal experts, are not only technical, but also fully in line with the reasoning and common sense of the average man,” he said.
According to the 2nd Public Prosecutor’s Office, Jairinho, through a blunt action against Henry, caused serious injuries to the boy, which caused the child’s death. Monique, in turn, would have omitted her own legal responsibility, contributing to the consummation of the crime of murdering her son, since, being aware of the aggressions that the minor suffered from his stepfather, and being present at the scene of the facts, would have done nothing to avoid them.
According to the complaint, “the crime was committed for a clumsy motive, since Jairinho was happy with the pain and despair of the child, while Monique consented to the episodes of violence for her financial benefit, achieved by the union with her ex. -city councilor”.
