They foresee enough votes today in the Court to grant amparos to two accused by prosecutor Gertz

Edward Murillo

Newspaper La Jornada
Monday, March 28, 2022, p. 8

This Monday, the Supreme Court of Justice of the Nation (SCJN) will vote on the amparos promoted by Laura Morán Servín and Alejandra Guadalupe Cuevas Morán, accused by the head of the Attorney General’s Office, Alejandro Gertz Manero, of homicide due to lack of care committed against his brother.

It is outlined that the proposal of Minister Alfredo Gutiérrez Ortiz Mena, to grant the protection of federal justice to both, obtain enough votes to order the immediate release of Cuevas Morán and leave the arrest warrant issued against Morán Servín unsubstantiated.

This, because the first time the matter was analyzed, five members of the plenary, Norma Lucía Piña, Margarita Ríos Farjat, Luis María Aguilar, Javier Laynez and Juan Luis González Alcántara, spoke out for granting the complainants a plain and simple protection.

Minister Gutiérrez’s vote would now be added to this group, thus reaching the simple majority necessary to grant protection, which would allow Alejandra Cuevas to immediately leave the Santa Martha Acatitla Women’s Prison.

In the case of Laura Morán, who could never be located to arrest her, the amparo would nullify the arrest warrant against her.

The evidentiary elements with which it was intended to substantiate the claimed act are insufficient to support a persecutory action. In short, the facts that are verified do not allow to find body of the crime or probable responsibility attributable to the complainant.indicate both projects, where it is ordered to close both criminal cases.

It is added that there are no elements to prove the crime of which they are accused: the figure of commission by omission must be applied in a sensitive way to the idea that any criminal accusation, to be valid, must be supported by concrete and objective data, reasoned out; should never be anchored in conjectures that presuppose models of conduct that are as ideal as they are implausible.