The trial to be held from February 4 in the District Court against former mayor José Martínez Andreo Totana and five other defendants for various crimes in a separate part of the case finally Totem is delayed.
Preliminary findings of the prosecutor asked for sentences totaling Martínez Andreo 8.5 years in prison for the alleged offenses of forgery, fraud, infidelity in the custody of documents and failure to prosecute crimes of.
However, the hearing was suspended on Monday before reaching actually started in the period opened by the court to raise preliminary issues, to be made clear that none of the defense attorneys had access to the CD containing the complete recordings of telephone conversations, even though I had applied to the court.
In fact, the lawyer of former mayor revealed that all transcripts of telephone conversations in the cause obrantes concerned to your incoming calls his client and not to he efetuaba.
Indeed, counsel for the former alderman argued that there is a call from the phone of it to the local police officer prior to the completion of one of the alleged crimes, the police statement to pull a breath from the courthouse.
This call, which Martínez Andreo's lawyers would understand that "exculpatory evidence" for his client, said they did not appear in the transcripts of the agents.
The lawyer explained that he asked to twice the content of this conversation, being answered by the Guardia Civil that call had "no content" and after that conversation "was not", he explained.
However, counsel states that the phone bill includes a call Martínez Andreo just over a minute long.
So, Judge Juan del Olmo, who presided over the court, after showing his concern, made a recess to discuss the situation, after which he reported that the session was suspended and that the next day would be reported on a court ruling on what do in this situation.
The prosecutor himself apparently said they had heard all the talk but only those transcribed by the UCO and recognized the legitimate right of the parties to have access to all information.
Writ
The next day, the Third Section of the Murcia Provincial Court nullified the actions carried out since August 2011 order of the magistrate Totana opening of trial.
In the order of the District Court noted that the Court "seems not said" the delivery of telephone recordings made by the CCU in its entirety to the accused, to which they were entitled.
The Court stated that the defense of Martínez Andreo already applied at the time the delivery of audio recordings in full "without stating that the Court rejected documented assertion that he has supplied the entire proceedings, including audio media wiretapping, or has agreed to delivery. "
The Chamber considers that "circumstances have generated analyzed effectively defenseless, because it makes it impossible for a means test in principle legitimately obtained, can be used as such in the constitutional and legal conditions required."
After analyzing the various options presented to resolve the issue, the court is satisfied that it is from the declaration of nullity of the proceedings subsequent to the order of opening of the trial, and agreed to return the case to the Court of Instruction No. 1 of Totana to save the omission done.
The Court emphasizes that this court must ensure "especially" that supports audio wiretaps reach defenses.
In this new situation, the trial will be delayed because, now, the lawyers of the accused will have the opportunity to rethink their defense and even to propose new tests.
The time it will take the process is not known for sure because now the case back to the Court of Instruction No. 1 of Totana you have to give a copy to all parts of the recordings of phone taps and should allow time for them to study it and depending on these tests present their written defense.
Even lawyers could seek further prosecution, which causes further delay.
