Five days locked in a four-walled room to deliberate on the murder of Samuel Luiz. The future of five defendants was in his hands. The popular jury had to make a momentous decision: to render a verdict on a murder that was not only brutal, but also marked by discrimination. That of a 24-year-old young man whose life was taken and to whom justice was rendered three years and five months after his death.
Public opinion and media pressure weighed on the shoulders of the popular jury. In this context, the deliberations could not be simple. “Despite how difficult it was, what we went through was not in vain. The fight for the rights of the LGBTI community does not end with this verdict“, but we hope that this will serve to avoid doubting again that homophobia is a reality that continues to cost lives”, says Ana García, president of ALAS Coruña. The association acted as popular prosecutor in the trial for the assassination of Samuel Luiz.
The popular jury’s verdict established that the crime had a homophobic component, including the aggravating circumstance of discrimination in Diego Montaña’s sentence. “If they kill you screaming like a fucking faggot, that’s homophobia.”. And finally, it was proven. » The popular jury considered it proven that “from Samuel’s words, gestures, way of dressing, tone of voice and physical appearance, Montaña interpreted that he was homosexual, going as far as ‘to tell him: Stop recording to see if I’ll kill you, faggot.“.
They also agreed with what another witness had said, who said he heard the accused say, “Who told that fucking faggot to get involved in this, if he was a fucking faggot.” With this, Diego Montaña was found guilty of the crime of murder with betrayal and aggravating discrimination. “The case was so complex that it is understandable why homophobia could not make the headlines.. However, it is important that we reflect on the violence that is always denied,” said Ana García.
The role of the popular jury and the final verdict
Despite the discomfort generated by certain decisions of the jury, García stressed respect for his work. “There will never be a perfect sentence.. There were so many limitations in this matter that it was difficult to find a solution that would convince everyone,” he explained. By this he is referring to the acquittal of Katy Silva. One of the points that caused controversy was the fact that the jury found Diego Montaña’s ex-girlfriend not guilty. She heard her boyfriend say the words “fucking faggot”, and yet she didn’t intervene.
“What we have achieved, even if it is not perfect, constitutes an important step. Recognizing homophobia as an aggravating factor in the sentence can be fundamental in creating a precedent in similar cases,” he said. commented. Ana García remembers the trial as “long, intense and hard”, but with one thing clear: “What we want is that this does not happen again, but if another similar case occurs, we hope that it will serve as a lesson and legal precedent. “.
