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“Now they must give a fair verdict”

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“Now they must give a fair verdict”

It took hours to negotiate the wording of the questions to be answered by the nine members of the jury on the crime of Samuel Luiz. The defense lawyers of the five accused, according to eye sources, They tried this Monday to fight every comma of certain questions whose answers could condemn their clients to sentences of more than two decades in prison. Ultimately, after changes to the initial outline that the judge had prepared, there will be more than a hundred questions regarding the verdict that the jury will have to begin deliberating.

“Now his time has come. “Your responsibility is to deliver a fair verdict, that is the only responsibility that rests on your shoulders,” The president of the court, Fernanda Pastor Novo, reminded the members of the court of the jurors during a hearing in which each of them received the verdict. After the plenary session, with around twenty sessions which took place over a month at the Provincial Court of La Coruña, the nine full members of the jury locked themselves up to deliberate.

The Samuel Luiz case is not just any case. Both because of the complexity implied by the number of accused – which in practice implies that there are five verdicts in one – and because of the media impact of a crime which, in July 2021, shocked all of Spain. This is what Fernández Novo told the nine charged with pronouncing the verdict: “This is a unique trial, not only because of its subject, but also because there are five defendants. It is a complicated process also from a technical-legal point of view. And also for its obvious social and media impact. “The fact that it is a media and a social interest should not affect them. If they responded under some form of pressure, because they think they have to solve it one way or another, they will not fulfill their mission,” he added.

It is for this reason that the magistrate did not tire of insisting on the fact that it was necessary to “get rid of all types of prejudices”, ignoring, for example, whether they like the accused or not, because For his verdict, “only the facts” and what was seen and heard in the courtroom matter. “No one can decide for you and the only thing you can take into account is what is practiced here,” reiterated the judge.

The nine members of the tribunal must now elect a spokesperson, who will be responsible for guiding internal debates and will serve as a link with the magistrate during the deliberation process. This citizen court, as established by law, will remain guarded by the police both during its daytime deliberations, during office hours, in the building of the Provincial Court, and in the hotel where they will sleep until the “white smoke”.

And what is this subject of the verdict whose initial content, prepared by the magistrate, was discussed by the defense during an arduous negotiation, almost word for word in certain cases? As judicial sources explain, it is a common block of questions that concern all the accused and, then, at least fifteen questions on each accused, to define their responsibilities in the crime. In total, there are around a hundred questions.

The jury must decide on individual responsibility of the accused in the savage group beatings that the early morning of July 3, 2021 ended the life of Samuel Luiz, 24, who that evening had gone out to party with a friend in La Coruña without making friends with anyone.

The attack was initiated by Diego Montaña – he himself admitted this at the trial – when he wrongly thought that Samuel and a friend were recording him with a cell phone while they were on a bench in the Riazor promenade. Alejandro Freire, alias “Llumba”, soon joined the beating, who also admitted part of the facts: in his case, knocking down the victim while Montaña hit her. But both are recognized only in the principle of aggression and They dissociate themselves from the death of Samuel.

The lynching would have been accompanied, among other things, Kaio Amaral and Alejandro Míguez, although both deny touching Samuel. Catherine Silva is accused of preventing them from helping the victim. They risk sentences ranging from 22 to 27 years in prison.

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