On August 26, the preparatory hearing will continue in the case of Jhonier Leahe, who is accused of aggravated homicide and manipulation of material evidenceafter allegedly murdering her mother, Marleny Hernández, and her brother, the stylist mauritius leal.
(Also read: Jhonier Leal took out another file in court for killing his brother: Spanish lawyer will help him)
This diligence, which had already been postponed on July 29, was scheduled for today, August 5, but, again, Ana Julieth Velásquez, Leal’s lawyer, stated that she would not have been able to review all the material evidence to develop the adequate technical defense. Despite the litigant’s request, the judge proceeded with the hearing and drew attention to the possible delays that may affect the course of the process.
For this opportunity, the judge argued that the deadlines have been given according to the requests of the defendant’s defense, but that it is necessary to move towards the eventual trial. Likewise, the public ministry shared the decision of the togada, supporting that the times have been respected and the rights of the victims of the case cannot be violated.
“What the judicial office seeks is to guarantee their fundamental rights and guarantees (those of the accused) but also to ensure that the guarantees and rights that assist victims are fulfilled. All judicial officials must abide by the terms that the law has imposed on us. You (Jhonier Leal) have your right to nominate a contract lawyer, but the office will notify the Ombudsman to appoint a public defender to provide the technical defense if you so wish, ”said Judge 55.
The decision to notify the Ombudsman for Leal to be assigned a new public defenderis given so that at the next hearing (August 26) the accused has a defense attorney in case the lawyer Velásquez again requests a postponement, or is not prepared to continue with the proceeding.
Faced with the judge’s decision, the defense attorney for victims, Elmer Mountainpointed out that although he understands the concerns about the delays and constant postponements, the case needs to have the necessary time so that there are no possible annulments in the future, which end up allowing Jhonier Leal to regain his freedom.
“I don’t want this process to start suffering from irregularities. I want 60 years in jail for Jhonier. Regardless of the sanction, if it can be given to the defender, I respectfully request that a reasonable term be granted so that she can make a defense with equal arms for the trial, ”said Montaña.
In his speech, the Prosecutor Mario Burgos He flatly rejected the request of Leal’s lawyer, and even asked for her arrest, in addition to a commutable fine, since he pointed out that the legal professional “was not prepared to take on the case.”
“(…) There must be a reason and it is that the lawyer is not prepared and has not made any request in order to obtain certain elements that may contradict the evidence of the Attorney General’s Office. I ask that, for August 26, when this hearing was scheduled, the lawyer is prepared, “said Burgos.
Jhonier Leal also had the opportunity to intervene in the development of the hearing. According to the defendant, he is one of those most interested in justice and stated that the case has been taken “lightly.”
“I’m surprised at the lightness with which this case goes. I want my rights to be respected, we are talking about a very complex case, where my rights and my freedom are at stake. We do not want to delay the hearings, we want a good job to be done, that we have arguments and that it be done with all due legal process,” said Jhonier, who is being held in La Picota prison.
At the end of this first part of the preparatory hearing, the judge ordered that in the afternoon the parties were going to be summoned to attend a hearing where an incident of corrective measure against Ana Julieth Velasquezdue to the constant postponements and not being prepared for the diligence.
Read Also
In addition to this process, Jhonier’s defense will have another appointment in the courts, which is scheduled for this August 17, and consists of the request for revocation of insurance measure. This hearing has also been postponed, on two occasions, at the request of Velásquez.
In principle it was scheduled for June 15, but that day the litigant requested the first postponement, so it was rescheduled for July 15, that day she asked for more time to “review in detail the material evidence”, so the The judge decided that this hearing would take place this August 17, without the opportunity for further postponements.