Catania, the murder and the model: “Possible medical negligence”

09 June 2024, 05:01

2 min read

CATANIA – New twist in the appeal in the trial for the death of Colombian Sandra Garcia Rios. She is accused of murder the former Romanian model Georgeta Colesnicenco. The defense produced an expert report according to which the victim died due to a hypothetical “medical malpractice”.

Is it the doctors’ fault, then, and not the fatal stab wound inflicted while defending himself from Colesnicenco? It’s all to be seen. For now the judges have reserved the right to hear the defense consultant, on which they will decide at the next hearing, scheduled for October 3. The accused, it is recalled, received 2 years for excessive self-defense.

For her, however, the Pg Andrea Ursino asked for 8 years on the murder charge. The Court, presided over by Elisabetta Messina, he therefore postponed everything until next autumn. The twist came at the moment of the lawyer’s speech Pietro Ivan Maravignawho spoke for over 4 hours.

The points of the defense

The central part, however, did not focus on the consultancy, which in any case is there, in the documents, waiting for the judges to decide. The lawyer has cited 20 points on the basis of which the accused should be acquitted also from the accusation of negligent excess of self-defense.

The accused, the lawyer recalled, was subjected to finesesions such as not to be considered suitable for Pagliarelli prison. Furthermore, his thesis regarding the injuries suffered in the fight corresponds exactly to the prosecutor’s advice. An expert report would then state that the accused, at that moment, was afraid of dying.

The appraisals

For the experts, the Colesnicenco had no desire to kill. Among the points of the defense is the call to the police at that juncture. A real time recording in which the accused asks for help. And the content of that call, the background voice of Garcia Rios, saying: “I’m going to kill you.”

According to another report, Colesnicenco held her cell phone close to her mouth until she should have left it to defend herself. And his voice changes during the phone call. She is calm when she asks for help from the police and then agitated following the attack, which would demonstrate that her mental disturbance can be traced back to the attack.

The defence

“There is finally Mrs. Colesnicenco’s animus immediately after the events – the lawyer then quoted -. The phone call to the condominium administrator requesting immediate administrative intervention against the neighbors who had attacked her attests that the lady, at that moment, considers herself the victim and certainly not the perpetrator of a crime”.

“The real problem of this trial – concludes the lawyer Maravigna – detrimental to the defense guarantees and due process as required by article 111 of the constitution, is that while the defense has maintained an unshakable defensive line from the first moment, the prosecution has constantly modified the reconstruction of the contested conduct, never proposing a ‘last truth, but always a penultimate truth.’

These are just some of the points of the defense argument. We return to court in four months. For the moment the accused remains free.

The lawyer Pietro Ivan Maravigna

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09 June 2024, 05:01

 
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