The defense of Juan David RC, in provisional prison for the death of Lucas, the four-year-old boy who died in Garrucha (Almería), presented this Monday to the court 22 audio files, including two with the child’s voice a few hours before his death, to demonstrate that the death was not a murder but a reckless homicide. fruit of “ignorant” and “charlatan” practices. The MCHM Abogados firm sent a letter to the Civil and Investigation Section of the Court of Instance number 3 of Vera (Almería) attaching these records which, in its opinion, “they destroy the presumption of the monster” and the motive of hatred.
In the audios, the minor calmly addresses his paternal grandmother and calls the detainee “daddy” and that he ate with him, evidence which, according to the defense, proves the existence of a emotional connection and the absence of a climate of terror or animus necandi (intent to kill). Lawyers Manuel Martínez Amate and Diego Ricardo Molinari affirmed that the sound material confirms the thesis of a “chain of carelessness” deadly and a “pseudomedical cultural practice”.
According to the transcripts provided, the mother admits to having subjected the minor to “sobado” maneuvers (vigorous abdominal massages typical of healers) to treat your discomfort. For the defense, this practice carried out by inexperienced hands explains the liver damage noted at autopsy – burst liver – without resorting to the thesis of a “homicidal beating”. It detailed a pattern of “absolute health neglect” and that audios reveal caregivers fed the boy “bread and sausages” despite experiencing abdominal pain and treated his symptoms based on internet searches.
“Looking it up online, I saw that ibuprofen helps reduce inflammation,” according to audio of the mother, who administered the medication “every four hours.” The defense alleged that this anti-inflammatory worsened internal bleeding caused by the trauma of “sobado”. Additionally, the records reveal how the family misinterpreted the severity of the condition.
In conversations, parents describe that the child had “fog” (internal fever) and sweating, symptoms of severe sepsis which they mistook for improvement, saying that “he woke up much better”. The defensive strategy emphasized the context of superstition and the fact that Juan David went to church to get “holy water” for the miner, thus replacing scientific medicine with faith.
The lawyers stressed that the couple was not acting clandestinely, since the audios prove a “remote diagnosis” and that the mother sent photos of the injuries to her father – the grandfather who is pursuing the accusation – in real time and made video calls with the grandmothers in Colombia and Venezuela, who they validated remote home remedies. With this new battery of evidence, the defense requested that the facts be qualified as a reckless homicide resulting from an “erroneous cultural practice”, denying murderous intent and asking that his client not be convicted. based on “prejudices”.
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