ANDI Constitutional Court (TC) refused to process the protection request made by his parents. Martha del Castillo Requesting the examination of the mobile phones of those accused of killing his daughter, who was acquitted, “Judicial remedies have not been exhausted” come to the rescue.
Therefore, according to Diario de Sevilla, the TC refuses to analyze phone numbers. Javier DelgadoBrother and girlfriend of Miguel Carcaño, convicted of murder Samuel Benitez And Javier Garcia, CuckooSo for now, the only terminal to consider is the Carcaño terminal, where the report prepared by the Lazarus company was delivered this week.
Inadmissibility of objection Marta’s mobile phone will not be affected if it is discovered.Because there has been no indication of his whereabouts from the terminal since January 24, 2009, when the murder was committed.
The Sevillian newspaper reports that Marta’s family’s lawyer, Inmaculada Torres, initially allowed the analysis of all phones, but later appealed to the TC, considering that there was a change in the decision of the Sevilla Investigative Judge No. 4. He explained that only the terminals of Miguel Carcaño and Marta could be examined in case of discovery,
However, the Constitutional Court understands that: The judicial remedy for the protection request has not been exhausted yet.therefore, it does not analyze the merits of the matter or the arguments presented by counsel, including the prior annulment presented before going to warranty court.
In the incident in question, it was stated that the family was left in a defenseless situation by refusing to examine the phones of other people involved in the incident, and they also argued that they did not intend to reopen the case, they just wanted to find a solution. find the young woman’s remains
Like this, The only cell phone that will be analyzed will be Carcaño’s. The report prepared by Manuel Huerta, president of the Lazarus Technology company, after cloning the phone of Marta’s killer, was handed over to the 4th Court of Investigation of Seville this week.
In April 2021, the president of the 4th Instruction Court, Álvaro Martín, authorized the expert to clone Carcaño’s mobile phone with his consent, so that he could try to reconstruct his movements on the night of the crime and thus obtain some clues about the incident. The whereabouts of Marta del Castillo’s body have been searched unsuccessfully in various parts of Seville since the murder.
Judge consulted National Police If it were possible to perform this operation, It will allow them to know in detail Carcaño’s whereabouts on the night of January 24-25, 2009, as the victim’s parents requested after an expert reported a new technique to reconstruct the geolocation of the terminal.
Marta’s family requested this test within the framework of a separate room opened to locate the young woman’s body; because this test would be different from the test conducted in 2013 based on the information received from the repeater antennas.
Last March, Manuel Huertas explained to EFE that he had already finished his mobile investigative work and provided “live information” on Carcaño’s movements.