This Monday Judge María Fabiana Galletti, head of Court 31, decided to refer to the federal Justice the file that tries to clarify the death of Emmily Rodrigues. The change of jurisdiction occurred from the defense of the main defendant, Francisco Saenz Valienteowner of the Retiro department where the young woman lost her life on March 30.
The lawyer Facundo Orazi asked that his defendant be prosecuted for the culpable homicide de Rodrigues and supplying the drugs that led to his death. As the supply of drugs is precisely a federal crime, the door was left open for the change of jurisdiction.
The Chamber had shown itself in favor last week, when in its decision it stated that “according to this qualification, and without prejudice to the degree of bankruptcy due to the close connection with the other investigated crimes committed in the same area of space and time, The Court must issue its decision in relation to the question of material competence in the summary”.
“Thus, seeing myself obliged to resolve in accordance with the provisions of the Superior, following the guidelines set forth in the aforementioned resolution and having complied with the urgent procedures ordered (the implementation of the electronic anklet, the communication of the prohibition to leave the country and the embargo), I will have to declare the incompetence of this Court to continue intervening in this file and I will have to remit it, consequently and without further ado, to the Lottery Office of the Most Excellent Chamber of Federal Criminal and Correctional Appeals” expressed Judge Galletti’s ruling.
Death of Emmily Rodrigues: what is the situation of Sáenz Valiente
Sáenz Valiente was processed last week. The prosecutors in the case, Santiago Vismara and Mariela Labozzetta, after appealing the lack of merit issued by Judge Martín del Viso, they had withdrawn their proposal for femicide and asked that the businessman be prosecuted for abandonment of person followed by deathwith a sentence of 25 years.
Finally, Room VI decided to prosecute him without preventive detention “as author in order to the crime of free supply of narcoticsin an ideal contest with the provision of a place for consumption, in ideal contest with manslaughterin real competition with the illegal possession of a weapon for conditional civilian use”.
He businessman is unable to leave the country and an electronic anklet was placed on him to monitor it.