The Colorado legislators Andrés Ojeda and Elianne Castroas well as the lobbyist deputy Álvaro Perronerequested the General Assembly to study the possibility of managing the pardon of Moisés Martínez, the 28 year old man who He murdered his father with 15 shots and was sentenced to 12 years in prison..
The legislators They sent a signed note to the president of the General Assembly, Vice President Carolina Cosseso that analyze the possibility of applying article 85 of the Constitution of the Republic which in its paragraph 14 establishes that the General Assembly is responsible, among other things, “grant pardons by two-thirds of the votes of the total members“.
In this way, in the letter they ask Cosse to analyze If there are antecedents of the application of this article and that particular section.
Moisés Martínez d
Photo: Leonardo Carreño/FocoUy
In the rationale, the legislators maintain that the case of Moisés Martínez “presents edges of exceptional human sensitivity“and that during the course of the trial it was proven that the convicted man and his family”They were victims of a long history of domestic violence and systematic sexual abuse“.
They also assure that the pardon is planned as a “tool to prevent punishment from becoming an additional ‘mortification’ for a chronic abuse victim who has a complex post-traumatic stress disorder“.
And they point out that the sentencing sentence “recognizes a history of torture and systematic violence that the State could not prevent in time, despite there being a history of previous convictions against the victim in 2010 for sexual crimes against her own daughter” (Moises’ sister).
In this way, after raising this rationale, the legislators ask Cosse to instruct the legal area of the General Assembly to prepare a report that addresses whether it is an essential requirement before applying the pardon that there is a final conviction (given that, for the moment, there is one in the first instance), whether the pardon must be presented as a bill or under “another modality”, and if there are antecedents of the application of article 85, numeral 14, of the Constitution of the Republic.
The judge’s arguments
Martínez committed the crime on May 25when he arrived at his father’s house and killed with 15 shots.
Judge María Noel Odriozola sentenced him to 12 years in prison—the Prosecutor’s Office requested 18 years for the especially aggravated homicide—because considered that the facts for which Moses was accused had been proven and? The acquittal provided for in the Penal Code was not fulfilledmainly because Yes, there had been previous complaints against the father for the abuse committed.
The article of the Penal Code that establishes the pardon indicates that it can be granted in cases of domestic violence that has been reported. several times recently and without response from the State.
Moisés’ father had been denounced and convicted of violent indecent assault – after the complaint of sexual abuse against one of his daughters – but in 2010.
In this way, Justice understood that the man had been denounced and had served his sentence.
Odriozola considered that 15 years had passed since that conviction and that there had been no new complaints against the man. He highlighted that, however, there had been a complaint from the father against Moisés for threats.
He also included in the sentence that Moisés went to his father’s house with “the intention of killing him,” taking into account the number of shots he fired at the victim and that all of them were fatal.
On the other hand, prosecutor Sabrina Flores, who requested the conviction of Moisés, explained in recent days that there is no regulatory framework to resolve these cases as claimed by a part of society.
Flores considered that he could not seek protection in situations that “are not legally protected.”
“We believe that The sentence is in accordance with all the evidence that was filed in the trial,” added the fiscal.
And he reflected: “We have to take into account that these aberrant acts committed by the victim of the homicide, which no one disputes are tremendous violence and sexual abuse What did that family suffer? They stopped in 2010 when this person a complaint is made against him and he goes to prison“.
