The judiciary decided to release the four former football players Velez Sarsfield, who was indicted on March 6, 2024, for alleged sexual abuse by a young woman from Tucumán. The decision was accepted by the judge Augusto José Paz Almonacidafter extensive hearings, marking a surprising turnaround in a case that had been pending for nearly two years. The complainant has already announced that she will appeal the verdict.
The investigation was initiated following a complaint from the young woman who alleged this Sebastian Sosa had invited her to go to the hotel where the professional team of Velez He was focused after the game Atletico Tucuman. According to her story, she was sexually assaulted after drinking alcoholic beverages that she brought with her José Florentín Bobadilla, Braian Cufré and Abiel Osorio. As a result of this accusation, the four players were prosecuted.
The court file developed amid intense controversy and experienced one of its most tense moments due to the investigations carried out on the mobile phones of two of the complainant’s friends. The defense – led by José María Molina, Ernesto García Biagosch, Ileana Battaglia, Florencia Abdala, Camilo Atim and Ernesto Baaclini – claimed that from these analyzes emerged elements that allowed them to confirm that the relationship was consensual.
Based on the complaint, made up of Patricia Neme, Patricio Char and Franco Venditti, the validity of this expertise was sharply questioned. They said the trial was tainted by irregularities and that witness statements that should not be part of the trial were included based on evidence they considered unlawful.
In this context The victim’s representatives requested a special hearing to request the cancellation of the technical studies and the exclusion of all evidence derived from them.. The arguments put forward included the lack of prior notification, an alleged excessive analysis of the phone content, the violation of the privacy of the witnesses and the complainant, the violation of professional secrecy and the use of keywords that were not permitted in the court order.
However, deputy prosecutor Osvaldo Martínez Terán, following the instructions of prosecutor Adriana Reinoso Cuello, rejected these claims, insisting that the investigation was carried out in accordance with the law. The defense agreed with this position.
During the same debate, lawyer Molina explained that, even without entering into the discussion of the evidence, it was proven that there was no crime and it was therefore appropriate to order the dismissal. The rest of the defense supported this motion. The public prosecutor only granted the request in relation to Sosawhile the complaint was contradicted.
After several hours of hearings and given the complexity of the matter, Judge Paz Almonacid decided to take additional time to analyze the case in depth and postpone its resolution.
Finally, Clarín was able to reconstruct from legal sources, The judge rejected the cancellation proposals made in the complaintas no irregularities in the report or violations of privacy or professional secrecy were proven.
Then, issued the dismissal of the four defendants after concluding that there was sufficient evidence to show that the relationship was consensual and not sexual abuse.l. To reach this conclusion, he particularly appreciated the content of the telephone tests and the psychological report carried out during the investigation.
In addition, the judge ordered the return of the financial securities imposed on the players once the judgment becomes final. He also rejected a request to investigate the actions of the complainants and, at the request of Florentín Bobadilla’s defense, ordered copies of the file to be sent to the federal judiciary to assess whether national deputy Carlos Cisneros had committed a crime.
According to the rules of procedure, it is possible to challenge the decision. The complainant has already announced that she will appeal the verdict, while the position of the public prosecutor’s office has not yet been clarified. In principle, the defense would not formulate any new proposals
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