“The containment network that he now has with house arrest is addressed in another way. If he feels bad, I am there, the sisters are there all the time, it is a guarantee that we have now,” said the mother while confirming that her “mental health is deteriorating.”
Pereira said that he “helps” him in the administration of the medications and that since he could not go to the consultation that he had scheduled for the 19th (it was explained that due to an error by the defense, the transfer was not coordinated in time) he was paid for a consultation with a psychiatrist on May 28. “Although we do not have the resources, we made the effort as a family,” he said.
He stated that in these three weeks they had two Dinama checks at night and that there is a “contradiction” that they give him drugs so that he can sleep but then they interrupt his sleep. On the other hand, she stated that she heard the call those two nights but wondered what would happen if she didn’t answer, since she sleeps at the other end of the house.
He also noted that the device rang twice while he was in the house. The judge told them that they have to raise it with the Directorate of Alternative Measures (Dinama). Defender Rodrigo Rey said that they have a record of the alerts and he called to notify them.
Prosecutor’s Office: “He may be in prison” and “he tries to manage the information for his benefit”
Flores said that the psychiatric expertise confirmed what the Prosecutor’s Office has been maintaining that “he is perfectly fit to go to prison, that he is a person who has a consumption problem, but that this problem can be treated in prison as so many prisoners treat it.”
Regarding the self-elimination attempt, he noted that he declared: “I didn’t want to kill myself, I felt bad and I wanted to go down a little.” For the prosecutor, the story she gave to the ITF psychiatrist shows a “deep contradiction” with what was handled in the trial, since she now reported that at the age of 15 she went to live with her father by choice and denied having been a victim of sexual abuse.
Flores stressed that the expert witness stated that “he tries to manage the information for his benefit and that at times he even has dramatic and theatrical expressions,” which for the prosecution confirms that at the trial he tried to take the information “to a side that is not real.”
When the judge handed it over to the defense, Rey said that the facts confirm the position of the defense and not that of the prosecution. He relied on the ruling of the 1st Turn Court of Criminal Appeals that, on May 13, confirmed house arrest and the prescription of psychological treatment that cannot be carried out in a penitentiary center in the same way as if at home. He pointed out that the expertise was done at the last minute in a single interview and he was not able to delve into the diagnosis.
He highlighted that “with the resources that this family has, a sustained psychopharmacological treatment was organized” and detailed the medication he takes and that the mother is responsible for administering it. “It is not a person who is incapable, but it is a person who is subject to a situation of vulnerability” so “a person from the family unit is responsible for managing mental health.”
Rey stressed that he is willing to have “a progression in his detoxification”, that the last episode of consumption occurred almost a month ago “which shows, without a doubt, a progression in his achievements”, in addition to the fact that “he has not recorded a single non-compliance”.
However, the prosecution reiterated the request for prison, based on the existence of risk of self-harm, need for hospitalization or treatment and compatible with the regime of deprivation of liberty. The prosecutor said that although this time the expert was not asked to evaluate heteroaggressiveness (if it implies a risk to others), at the time she said that he was chronically heteroaggressive.
Judge: “It is being channeled”
The judge agreed with Martínez’s defense. Odriozola considered that since the last hearing until now “the prognosis has been good” and considered that house arrest favors treatment. That is why he decided to incorporate psychiatric treatment as a condition of the precautionary measure.
He also ordered to send a note to the Maciel Hospital to request that priority be given to the psychiatric consultation for which he is on the waiting list and has already authorized the police conduction.
He added that although the three non-compliances “generated an indication of risk,” and he felt “a little disappointment” after having been given the domiciliary order, he believed that “it is getting back on track.” He assessed that there was “a significant period without non-compliance” and that he cannot “fail to evaluate it.”
Odriozola considered it positive that Martínez’s mother is taking responsibility for the treatment. “If you’re on psychiatric medications, how does a person do on house arrest with an ankle bracelet if they don’t have family support? … They’re going to fail completely.”
Maria Noel Odriozola
He also referred to the evaluation of the expertise on “the issue of manipulation” but said that it is for the final sentence.
In any case, he gave Martinez a warning: “If the sentence is final, you are going to have to go to jail, that’s for sure, because it is carried out in jail. You have to prepare yourself.”
He then said that his conviction for murder, for which he was given 12 years in prison, was “very reasoned” but that they can confirm it or not. In case he returns to prison, he said that the expertise gives him “peace of mind” that he will be able to complete the treatment.
The Prosecutor’s Office announced that it would file an appeal again (there is already another appeal being studied by the court from the previous hearing). Flores argued that the period of three weeks that passed “is not an indication” that there is no danger of flight. He also referred to what the mother stated about the device ringing, and that although Dinama has not reported, “something has happened there.”
He assessed that knowing that in a few days there would be an evaluation hearing, “of course nothing was going to happen.”
“The danger of flight is proven by the non-compliances, which were three and there were three major non-compliances. So much so that a witness was brought in who came to lie to cover up that non-compliance,” he said in relation to Martinez’s brother-in-law who testified at the last hearing. As mentioned this Thursday, the prosecutor’s office criminally denounced the brother-in-law for false testimony and a flagrante delicto prosecutor’s office will investigate him.
He also considered that “it is not credible that a 29-year-old person is going to spend his entire life caring for his mother.” He assessed that “one day he decided to go to his father’s house and kill him with 15 bullets in the back,” while he stopped living with his mother at the age of 15 and she went to live in Paysandú. “We don’t know how much of a mother-child bond really exists to put the weight of an entire system on this lady,” he questioned.
“Evidently, what there is not is an attachment to judicial decisions. What will ensure subsequent compliance with the sentence is preventive detention. If he wanted to escape, there is no possibility of containing him,” he said.
In responding to the Prosecutor’s Office, Rey said that the Public Ministry maintains a thesis that is “contrary to subjective criminal law… We cannot reach the paradox of reproaching a citizen for adhering to the rule of law.”
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“Nor can a family be blamed for the fallibility of the public purchasing system, the choice of a device and its effectiveness,” he said in relation to the fact that the device rang due to failures, nor can one “blame” the mother who “has been accompanying her son in this situation of extreme vulnerability.”
Rey then concluded that he “categorically” rejected all of the prosecution’s arguments because TAP 1 taught in the ruling of May 13 that we must reason in precautionary matters in a concrete way and taking into account the specific procedural risks and those risks were not there.
