Francis Xavier Marin, known by the nickname El Cuco, faces a new court appearance on May 26 to answer allegations of perjury tied to the Marta del Castillo case. The presiding judge, Olga Simon, asked the parties whether a televised, live broadcast of the proceedings would be acceptable.
El Cuco was connected to the Marta del Castillo case, a minor at the time of her disappearance on January 24, 2009. Because of the victim’s age, the initial trial occurred in juvenile court, resulting in a sentence of two years and eleven months in a youth center for concealing the crime committed by his associate Miguel Carcaño.
In the later adult proceedings, El Cuco had already testified as a witness, denying he was present at the Seville apartment where the crimes occurred. The current hearing will determine whether his prior statements constitute perjury.
Theatre
The Marta del Castillo family, represented by attorney Immaculate Torres, seeks the full publication of the trial records.
On his own behalf, El Cuco’s attorney, Agustin Martinez Becerra, argues that journalists may attend the trial but should not be permitted to bring in television cameras. He contends that a courtroom should not function as a stage for sensationalism or advertising glory, a claim he outlined in a briefing to the court.
The defense insists that El Cuco is not a public figure and maintains that his privacy and media exposure were not violated. The court noted that the accused have the right to control the publication of their images, while also recognizing that public interest in the case presents a balancing test against individual rights. The judge indicated that some portions of the proceedings may be closed to protect privacy and avoid sensationalism, even as the public has a legitimate interest in witnesses and testimony.
After serving a sentence for concealing Marta del Castillo’s crime, El Cuco now faces a new challenge: a potential eight months to two years in prison for perjury.
Confronting Carcaño
Also at the trial will be El Cuco’s mother, Rosalia, facing the same possible perjury charge. She is expected to testify alongside Miguel Carcaño, who received a 21-year sentence for Marta del Castillo’s murder and has offered several versions of events. The case has also involved youth assault allegations against Carcaño, adding layers to the testimonies.
One of the Marta del Castillo family’s primary demands is for a direct confrontation between Carcaño and El Cuco to align their accounts of the young Sevillian’s death.
The judge will decide whether to allow or restrict retransmission of the hearing. In principle, these are public hearings, open to observation, though the magistrate can order all or part of the trial to be held behind closed doors if proceedings touch on highly sensitive topics. This has happened in other notable cases, such as the trial following the murder of a teacher in Huelva or the La Manada case in Pamplona.