The first magistrate appointed by the Alicante Court to preside over the new trial for the crime of María del Carmen Martínez abstained. Judge José Maria Merloswho is strictly responsible for presiding over the new popular court that will once again judge Miguel Lopez considering his abstention for the murder of his mother-in-law, intervened in this case before and therefore this can’t judge.
Merlos reported his resignation to the Civil and Criminal Division. Supreme Court of Justice (TSJ) has a period of ten days to decide whether to accept the arguments presented by the magistrate. A decision that cannot be appealed, regardless of whether the parties subsequently appeal refusal
As previously posted by this medium, Merlos intervened twice in this process. In the first, it was part of the court that would hear the appeal against the court’s decision. lopez prison (He 39 days in prison for these facts) was dictated by the trainer, but at the last moment the lawyer who led his defense, José Antonio García, resigned from him.
Subsequently, and also with regard to the prison situation of the sole suspect in his widow’s crime Former president of CAM Vicente SalaMerlos was a member of the court that dismissed the appeal against López’s release by the special prosecution. lawyer Francisco Ruiz Marco.
It was precisely this resource that was presented by this lawyer alone. serious mistakes Offenses committed in the final phase of the process that led the Supreme Court to annul the acquittal and order a retrial with a different magistrate and jury.
At the first oral hearing, the court conviction by seven votes to two Judge Francisca Bru was returned for an alleged lack of motivation that could never be overseen by the parties. The judge did not allow them to see the recording, which was later destroyed.
Two of the reasons causing the cancellation of one of the two hearings established by the Jury Law to continue the restitution of the verdict and the repetition of the trial according to the verdict; was a speaker Manuel Marchena and had a special vote Andrew Palomo. A magistrate who does not deny the irregularities but understands that they will not invalidate the verdict, the same argument used by the TSJ to uphold the acquittal given by the Alicante Court.
The verdict concluded that it was an unidentified person who killed María del Carmen Martínez with two bullets in the head as she went to pick up her car at the automotive business in Salas, run by the suspect, on the afternoon of December 9, 2016. who took it at trial right not to testify.
Public and private charges demanded about 25 years in prison for his crimes. murder and possession of illegal weapons. Charges within 48 hours of initial conviction and after replacement due to the indecision of a regular jury for one of the substitutes, forgiveness by six votes to three.
Merlos’ letter announcing his resignation is accompanied by varying case-law about previous interventions in cases and how, depending on their relevance, it could make it impossible for the magistrate attending them. or interfere with their prosecution.
For now, and as long as TSJ decides on the rejection, the default won’t last long, deadlines suspended. If Merlos’ claims are accepted, the next magistrate on the list will be appointed.