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Schizophrenic patient accepted agreement to go to prison but the Court reversed it in an unpublished ruling

“Did you understand what was said in this hearing?” Judge Huberto Álvarez asked almost at the end. The defendant’s response was a timid “yes.” “Do you accept the agreement?” returned the magistrate. The answer was the same. “Did someone force you to accept this agreement?” He inquired and received a “no” that did not break the hegemony of the rest of the answers.

More than two years after that robotic interrogation —which occurred in August 2020—, the minister of the Supreme Court of Justice (SCJ) Bernadette Minvielle opined that “the defendant responded very poorly with monosyllables” and that there was no “exhaustive” questionnaire by the judge. In that sentence, to which he agreed The Observer, the highest judicial body annulled in an unprecedented way an abbreviated agreement of a man who had agreed to be guilty of an aggravated robbery for which he should go to four years in prison, when in fact he is schizophrenic and was not aware of what he had done . Even so, “voluntarily” —the Court proved that he was not aware of his actions— he signed an agreement stating that he was guilty with the assistance of a public defender, Gabriela Machado, a prosecutor, Pablo Rivas, and Judge Álvarez, who was in charge of validate the legality of the situation.

Once the agreement has been defined, the judge is obliged to cross-examine whether the defendant – at that time sentenced – understood what happened. “Is he in agreement with what was just resolved?” Alvarez asked. “More or less (…) they are forcing me”, replied the young man who was convicted anyway. What there was, according to Minvielle, the only criminal judge on the Court, was “a poor speech full of ambivalence, on which nothing was acted upon.”

“From the audios that record the hearing dated August 2, 2020, it appears that the acting judge failed to carry out an in-depth control of compliance with the extremes established in the norm, thus violating a fundamental guarantee of the accused of regularity of the operation of the penal system”, he added.

He not only directed his criticism at the judge in the case, but also at the Court of Criminal Appeals of 1either Turno, who excused himself from studying the case, warning that it was already “res judicata” —in normal situations, abbreviated agreements cannot be appealed, it is considered an enforceable sentence—. “The appellate court has to intercede” when the judge doesn’t or doesn’t go deep enough “and in this case it didn’t happen.” The new defense of the young man, the lawyers Emiliano Loureiro and Federico Álvarez Petraglia, filed an appeal for review that this October 6 had a favorable result in the SCJ.

What is an abbreviated agreement?

The abbreviated process implies that the accused accepts the facts that are imputed to him. It can be applied from the formalization until the moment in which the prosecutor makes the accusation. As a result of this, the prosecutor calculates a sentence that can be reduced by up to a third (although not less than the minimum foreseen). It can be used as long as a crime is typified with a maximum of four years in prison or a non-custodial sentence, with the exception of homicide with special aggravating circumstances or very special aggravating circumstances. Then that agreement between the two parties – the Prosecutor’s Office and the defendant – is approved before the judge, who makes sure that all the guarantees have been met and that the defendant understands that with this agreement he is admitting his guilt. This process is irreversible, that is, there is no possible appeal. The judge issues a sentence in that same hearing and cannot impose a sentence greater than that requested by the Prosecutor’s Office

The history

The 1river of August 2020, in a procedure in charge of the Flagrancia prosecutor’s office of 6to Turn, this young man was arrested at the time of the act and was held responsible for a crime of robbery especially aggravated by the use of a knife. The next day, with the assistance of Machado and the presence of Álvarez, a hearing was held in which he was charged and then the abbreviated agreement for four years in prison was validated.

On August 5, Machado informed the headquarters that the condemned man suffered from schizophrenia and for this reason requested that the National Rehabilitation Institute be notified so that he could be given the medication.

On August 3, 2020, the psychiatrist had noted that he had paranoid schizophrenia and problematic marijuana use and two days later, another professional said that it was a schizophrenic patient without morbid consciousness. In addition, the lawyers Álvarez Petraglia and Loureiro attached the clinical history from which the actions of the years 2018 and 2019 arise.

In September of that year, his new defense asked to be admitted to a clinic —because he had been in prison before that— and asked for an expert opinion. In that instance the psychiatrist confirmed that “This alienating mental illness makes him incapable of appreciating the illicit character of his actions and of freely determining himself”. On December 7, after going back and forth, he was admitted to the Spanish Association under police custody and two months later to the Vilardebó Hospital.

“I remember her mother’s anguish and the helplessness of why I didn’t find out before”: her lawyer’s version

The public defender Gabriela Machado assisted the young man at the time of signing the abbreviated document. When asked by The Observer, quickly recalls the case and insists that, as with all defendants without a criminal record, he made special emphasis that he understood the agreement he was going to sign. As with everyone, he took the time to see that she understood.

I was not impressed to be a person with a pathology. Yes, a little withdrawn, but sometimes it goes through the nerves. The whole time I spoke with him, he behaved in the best way. At no time did he tell me that he had not understood, that he had changed his mind… The account of the events was coherent and coincided,” he said. So many years in the criminal defense – it does not happen to him anymore because he is in the Family – he learned that there is people with pathologies that at times do not appear to have them, but at other times that “is manifested” and it appears that they are not liable. He presumes that this is what happened in this case, although the SCJ did not ask him for any type of report.

“If it wasn’t in the folder and you can’t feel it from any other element (to infer it)…”, he lamented. About the diagnoses of the year 2018, he had no knowledge. “It was not in the folder, I can assure you, otherwise I would never have signed”he expressed.

He found out what happened shortly after signing, 15 or 20 minutes. After closing the hearing, he just gave her time to enter the public defenders’ room, when the goalkeeper’s call broke out. The man’s family was downstairs and they wanted to talk to her. “I went downstairs, as I always do. I introduced myself and told the mother how he had been. ‘I want to show you my son’s medical history,’ he told me. Madam, what about her son? I asked her and she told me that he was schizophrenic. She told her about the situation and asked why they couldn’t show it to the prosecution and she said they couldn’t be received.. We found out after all this,” she recounted.

There, he pointed out which would be the Execution and Surveillance Court that would follow his son’s case (these are the judges who control the conditions under which the sentence is served) and the public attorney who would be assigned to that court. “I remember the anguish of that mother at the end and the impotence of one of why I did not find out 10 minutes before”, said.

The arguments of the Court and the criticisms of the interveners in the case

The Court, which took up the case after the appeals court had dismissed it, debated at length why it did so. The review of the abbreviated agreements —which are considered settled because the alleged culprit accepts them— is something very unusual within the penal system. Finally, due to different arguments, they understood that it was order and the five ministers —John Pérez, Tabaré Sosa, Elena Martínez, Doris Morales and Minvielle— reached the same conclusion.

If a subject carries out a typical behavior and does not have the capacity to be guilty and is also convicted, but later new evidence emerges that show that, at the time of the facts, causes preventing liability occurred, it goes without saying that this prevents a guilty plea”, Minvielle summed up.

Martínez, who drafted the sentence, stated that although the man’s background “with considerable certainty illustrates the disabling illness that, at the time of the events, made it impossible to understand the disrespect of his conduct”, the Court “in order to dispel any doubts respect” in February 2022 he requested a psychiatric expertise from the Forensic Technical Institute (ITF) to determine if at the time of the events he was aware of what he was doing.

To which the professional in charge of the evaluation explained: “It is clear in his account that he had delusional ideas and verbal hallucinations that commanded his actions, not being aware of their illicit nature.”.

The criminal justice minister of the Court argued: “The agreement entered into by the convicted person and the prosecution, bearing in mind the pathology of schizophrenic psychosis suffered by the accused and which emerged accredited in the case (…) (states that) the consent provided by this is invalid. Y that lack of granting a valid consent arose pristinely from the records, so to speak of supervening elements is to ignore the results of the ‘folios’”.

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