The lawyer Rafael Ramírez who represents Francisco Javier García, known as 'El Cuco', and his mother, Rosalía G.M., has submitted a letter to the Court of Instruction No. 2 of Seville to to desist from defending them in the abbreviated process initiated against them for false testimony, in relation to statements they made during the trial held in 2011 for the murder of Marta del Castillo.
In the letter, dated last Wednesday and to which Europa Press has had access, the magistrate who takes other criminal cases as the private accusation in the murder of a woman from Alcolea del Río (Seville), asks the court "for reasons of delicacy that are not to expose "that He desists from representing 'El Cuco' and his mother and asks that they be assigned "professional ex officio if they do not freely designate".
It should be noted that the order of the Court of Instruction Number 2 of Seville, dated 11 February and which had access to Europa Press, the examining magistrate Carlos Mahón decreed to continue for the procedure of proceedings abbreviated the proceedings against 'El Cuco' – sentenced to two years and eleven months of detention for covering up the murder of Marta del Castillo – and his mother.
In the same way, the order decrees the dismissal of the cause for extinction of the criminal responsibility of the mother's partner, Ángel Manuel R.C., for his death, reserving to the injured parties the civil actions that could assist them.
In addition, it agrees to transfer to the Public Prosecutor's Office and the indictment exercised by attorney Inmaculada Torres on behalf of Marta del Castillo's parents so that, within a period of ten days, they may request the opening of the oral trial or the dismissal of the case. .
In the facts gathered in the abbreviated procedure order, the investigating judge indicates that before Francisco Javier García, Rosalía G.M. and Ángel Manuel R.C. They will testify as witnesses in the trial held by the Audiencia of Seville against the accused adults – Javier Carcaño, Miguel Delgado, Samuel Benítez and María García–, "all of them concocted a plan that had the sole purpose of deceiving the court about what really happened on January 24, 2009, when the child was killed. "
In the aforementioned order, the instructor indicates that, given the essential measures aimed at determining the nature and circumstances of the act denounced by Marta del Castilla's parents, that it could constitute a crime of false testimony of which they are investigated for their presumed participation in the same Francisco Javier García, Rosalía GM and Ángel Manuel R.C.
Also, remember that to investigate the murder of the young girl from Seville now ten years ago, two procedures were initiated, one against the then minor, Francisco Javier García, and another to settle the possible criminal liability of the elderly people involved.
In this sense, it indicates that the Court of Minors number 3 of Seville passed judgment on March 24, 2011, by which it was imposed on 'El Cuco', as responsible for a crime of concealment, the measure of two years and eleven months of internment in closed regime, and he was acquitted of the two crimes of sexual assault, against the moral integrity and desecration of corpses, which were imputed to him.
Likewise, after the oral trial held in October and November 2011, the Court sentenced Miguel Carcaño to 20 years in prison in January 2012 for the crime of murder. Subsequently, the Supreme Court added one year and three months more in prison for a crime against moral integrity.