federal judge Maria Eugenia Capuchetti rejected restrict the communications of Fernando Sabag Montielthe main defendant for the attempted murder of Vice President Cristina Kirchner, after considering that “the necessary budgets are not configured to impose a restriction” of these characteristics.
The magistrate’s decision came in response to a request from the federal prosecutor Carlos Rivolowho is in charge of the investigation, and had requested the measure to “preserve the security” of the accused who in recent days had several public appearances: wrote two letters that were incorporated into the file and answered a call from a media outlet to the telephone number of the prison that he himself had recorded in the lettersthe agency reported telam.
Judge Capuchetti held that “the necessary budgets to impose a restriction on the communications of Sabag Montiel, or any of the other defendants, in the terms in which it was suggested by the Public Prosecutor’s Office are not configured in the records.”
New letter from Sabag Montiel from prison: “He wants to make me disappear and blame Macri”
And he pointed out that “without prejudice to the fact that the prosecutor mentions that it is aimed exclusively at the security of the inmate, the truth is that, as is postulated in the opinion itself and the opinion of the defense, from the material point of view said purpose It would be prosecuted with a restriction of their rights, that is, specifically, to communicate freely by telephone.”
Prosecutor Rivolo had requested that, “given the Institutional seriousness of the facts that are the object of this investigationand for the sole purpose of preserve your safety“, it is provided” to restrict the communications that the detainee receives in the prison establishment, to his defense and/or relatives specifically authorized by him.
Why Capuchetti rejected prosecutor Rivolo’s request
Meanwhile, Capuchetti considered that “a detailed statement of reasons has not been made regarding (1) the way in which the restriction of Sabag Montiel’s communications would lead to greater care for his security; and (2) the criteria that would allow distinguish the ‘relatives expressly authorized’ by Sabag Montiel, from those who are not”.
And marked that “So far, no communication has been made known that the named party has maintained without giving his consent.“.
On the other hand, his lawyer Juan Martín Hermida tried to have an audience with Sabag Montiel by Zoom and he rejected it.
Last Monday the prosecution had requested to restrict Sabag Montiel’s communications so that only his defense attorney and those authorized by the defendant can call him.
The appearances of Sabag Montiel
The prosecutor’s request came after a string of events linked to Sabag Montiel: in recent days the defendant wrote a letter that was incorporated into the file in which he placed the telephone number of his place of detention, which was called by the television program Minute 1, of C5N.
After these two episodes, Sabag Montiel wrote a second letter in which he replaced the telephone where he can receive calls: the common denominator of both letters is that they always include requests that are impossible to comply with, such as that judges or prosecutors defend him individualizes because he believes them to be contrary to Fernández de Kirchner.
in dialogue with C5N Last week, Sabag Montiel said about the prosecutor Diego Luciani that he knows him “from television before.”
“It is obvious that Luciani had a fight. He is the one who has the causes, who has problems with Cristina. Instead of pulling the latch, imagine the nerves of being in a place. Pulling the slider, I pulled the latch back and when I pulled the trigger, the shot did not go out. Because among so much tumult, so many people, I was nervous,” he explained.
Sabag Montiel sent a letter to the prosecutor Diego Luciani -accuser in the trial of the Vialidad case- claiming “that other judges intervene in the case, Andrés Basso, Jorge Gorini, Julián Ercolini”.
After the two letters and the television call, Judge Capuchetti had already requested a report from the Federal Penitentiary Service (SPF) on the conditions in which Sabag Montiel is being held.
ED
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