A new trial to determine who bears responsibility for the death of football icon Diego Maradona has started in Argentina under public scrutiny, nearly a year after the original case ended in a mistrial.
Maradona, one of the most influential and charismatic footballers in history, died from heart failure on November 25, 2020, while under home care in Buenos Aires province, two weeks after undergoing surgery for a subdural hematoma in his brain. His death shocked the world, prompting thousands of fans to mobilize globally and demand justice.
The previous trial over his death, which lasted almost three months, was annulled after Judge Julieta Makintach was disqualified over alleged bias and for purportedly authorizing individuals close to her to record the hearings for a documentary.
“We hope the court will rise to the occasion, that it will understand the gravity of the crime under investigation, what they have to judge, and above all, what Diego represented for Argentinians and for the world of football,” said Mario Baudry, lawyer for the footballer’s youngest son Diego Fernando Maradona.
Seven medical professionals – including psychiatrist Agustina Cosachov, neurosurgeon Leopoldo Luque and psychologist Carlos Díaz – have been accused of negligence in Maradona’s death. All have pleaded not guilty to manslaughter with implied malice. If convicted, they face sentences ranging from eight to 25 years in prison.
Defense attorneys have denied that Maradona’s medical team committed malpractice, arguing that the footballer was suffering a series of medical problems before he died.
“We started this trial to demonstrate the absence of criminal responsibility in each of the seven defendants, because it is clear that there was no intentional criminal plan to kill Maradona,” said Vadim Mischanchuk, defense attorney for Cosachov.
Meanwhile, Baudry said he hopes the defendants are found guilty, regardless of the sentence they receive. “And I hope the judges are severe with Luque, Cosachov and Díaz, those ultimately responsible. They failed to do what they were supposed to do as medical professionals and with the responsibility they had assumed,” he said.
An eighth defendant, nurse Dahiana Madrid, requested a jury trial and will be tried in a separate proceeding that has not yet been scheduled.
Judges Alberto Gaig, Alberto Ortolani and Pablo Rolón will preside over the new trial at a court in San Isidro, near Buenos Aires. They’ll hear testimony from approximately 100 witnesses, evaluate evidence and ultimately deliver a verdict.
“I think the entire San Isidro judiciary will be under scrutiny in this trial,” Baudry said, referring to the scandal that marked the end of last year’s trial.
Although the former judge denied the accusations and claimed no connection to the production of a six-part documentary titled “Divine Justice,” the scandal was so big that she faced impeachment proceedings, resulting in her removal from office in November.
Nicolás D’Álbora, lawyer for medical coordinator Nancy Forlini, insists the defendants are the ones who suffered because of the scandal surrounding the judge. “This trial shouldn’t even begin. The question that needs to be asked is why my client has to undergo a new trial because a judge decided to make a documentary. Why should the defendants pay the price?” said D’Álbora.
Luque’s lawyer Julio Rivas said, “After what happened with Makintach, Luque didn’t trust any judge. He didn’t trust the judiciary, so what he wanted was a jury trial. But it was denied.” Despite his client’s wishes, Rivas expressed confidence in the new court: “I believe they are three impartial judges.”
Cosachov’s lawyer Mischanchuk also expressed confidence, saying the three new judges have “proven track records.”
The number of witnesses testifying this time around will be about a third that of the previous trial.
“All parties have made a great effort to agree on who the truly useful witnesses are,” said Mischanchuk. “For us, the most important witnesses are those who can provide opinions regarding the autopsy, the toxicology report, and the medical records, during the period the prosecutors determined should be examined.”
The aim is to focus on events from November 11 to 25, 2020, to reconstruct how those 14 days of home confinement following his surgery unfolded before Maradona’s death.
In addition to experts and medical specialists, the witness list includes Maradona’s family members, such as his daughters Dalma, Giannina and Jana; and his former partner Verónica Ojeda, who testified in the previous trial and participated in several hearings.
“Verónica is experiencing this with pain, as is the entire family. You can imagine that reliving everything is difficult for the victims, especially having to support their 13-year-old son,” said Baudry who, in addition to being the lawyer for Maradona’s son, is also Ojeda’s current partner.
Given the precedent of the annulled trial, there is uncertainty about whether this new case can proceed smoothly – and whether it will even be completed.
“This trial must proceed out of respect for Maradona’s family and out of respect for all the defendants. This trial must begin and it must end. And I am certain that this court will ensure it does so,” said Mischanchuk, adding that once the oral arguments are concluded, if the parties feel aggrieved by the verdict, they will have the option to appeal.
A verdict could be reached before the judicial recess by mid-year.
“The expectation is that it won’t take more than 30 days, meaning it should be completed in two months, and that justice will be served: a guilty verdict for those responsible for Diego’s death,” said Baudry.
Rivas, for his part, believes the process will be swift given the significantly reduced number of witnesses.
Following the scandal of the previous trial, everything will be scrutinized more closely this time, from witness testimonies to the court’s decisions. This is not only due to media attention, but also because the case could finally shed light on one of the most controversial deaths in Argentine sports.
