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excuses and recusals of magistrates

by drbyos

The dentist Mariano Marqués, sentenced to seven years and six months in prison for the sexual abuse of a patient, has no judge to apply the new sentence. Since the Court of Appeal declared him responsible, two Cipolletti magistrates have already recused themselves: one because he acquitted him and the other because he sent him to jail.

Since one of the complaints became public, Marqués accumulated four processes for sexual abuse of his patients. He is sentenced in the most serious, although with house arrest in the most flirtatious neighborhood of Cipolletti. One of the cases was archived at the request of the victim, despite the strenuous efforts of the prosecutor Anabella Camporesi, and the other one continues? in research.

In the fourth case, Judge Alejandra Berenguer from Cipole was too demanding with the prosecution and acquitted him for the benefit of the doubt. The Court of Appeal, with a different criterion, convicted him of the crime of simple sexual abuse and sent the file to Cipolletti so that he a judge or judge imposed a sentence ranging from six months to four years in prison, with the unification of the first sentence.

Here begins the legal labyrinth and the work for the president of the forum Guillermo Merlo. This year, the Nobel Judge is the head honcho of all the magistrates and magistrates of the criminal jurisdiction of Cipolletti and has the last word in assigning causes. Spoiler alert: the Constitution speaks of the “natural judge” and that judges cannot be chosen for cases. Supposedly.

The first to excuse himself was Berenguer. His argument was more than simple: He already knew the evidence and had acquitted the dentist. Merlo accepted that decision. The Judicial Office assigned the case to Florencia Caruso. But Márques’ lawyer, former judge Pablo Iribarren, challenged her.

Caruso intervened in the first trial and she was the only one who voted to send to the dentist to a common jail. His colleagues Julio Sueldo and Marcelo Gómez preferred to keep Marqués in the comfort of his house in Cipolletti.

Caruso accepted the challenge and Merlo validated the process again. Now the Judicial Office will have to appoint another magistrate, although it is assumed that Sueldo and Gómez will suffer the same fate, despite the fact that they were more benevolent with Marqués. In this instance is Guillermo Baquero Lazcano or Merlo himself who, appealing to his background, He appointed himself a judge for the jury trial that found Ramiro Gutiérrez guilty of the murder of Facundo Castillo.

In that case, Caruso was also challenged and so far this year it is the second time that the judge continues to add removals promoted by the defense of the accused. The question has a double reading, although the magistrate is praised for her poise and driving ability. What will happen to the dentist? For now, he is not in a hurry because he follows the processes of his house.

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