The team of prosecutors investigating the death of Diego Maradona will notify the defenses, this Thursday morning, of the imputation for the crime of simple homicide with eventual intent. In other words, that Maradona’s death was avoidable and was caused by the actions of the accused. The seven defendants – the neurosurgeon Leopoldo Luque, the psychiatrist Agustina Cosachov, the psychologist Carlos Díaz, the nurses Ricardo Almirón and Dahiana Madrid and the coordinators Mariano Perroni and Nancy Madrid – must give an investigatory statement as of May 31 and, if the judge Orlando Díaz validates the restriction, they will not be able to leave the country. The concept is that there was a seriously negligent act and that, in addition, they realized that this negligence was going to lead to the death of Maradona, something that is demonstrated in the text messages: “we are going to go to jail”, “we risk the license ”,“ you have to tidy up the medical history ”and other similar phrases. The penalty for the crime raised by prosecutors is eight to 25 years in prison, but they did not make any arrest warrant.
As advanced Page 12 Prosecutors Laura Capra, Cosme Irribarren and Patricio Ferrari, coordinated by Attorney General John Broyard, favored the qualification of simple homicide with eventual intent. The accusation is overturned in a letter of about six pages in which the prosecutors described the events and the responsibilities were detailed, which obviously are not the same for the seven defendants. However, the rating is the same for everyone, it is generic, although later each one will defend themselves by describing what they did and what they did not do.
The key points are as follows:
*There was negligence in what the professionals did. For example, Maradona was given medication that was contraindicated for his heart conditions. They took him to a private home when a rehabilitation center was required in which there would be more control over the idol’s health. To this is added that in the house there was not even a defibrillator for a coronary emergency.
*There was also negligence for what was not done. Maradona had to receive medication for his heart problems and when he began to retain fluid – several witnesses said he was swollen – he was not even given a diuretic. There were days in which he did not get out of bed, which did not cause any reaction from the medical team either. The medical board ruled that there was a period of agony of many hours, with Maradona unconscious: at that time no one entered or verified the situation. What’s more, the nurses wrote that they heard him go to the bathroom or that they took his parameters, something that was supposedly a falsehood.
The list of negligence is long and detailed.
But to this is added that the defendants represented the catastrophic outcome. When there is a traffic homicide and it is accused of simple homicide with eventual intent, it is always said that who drives drunk or in the wrong direction or 150 kilometers per hour the final result of death should have been represented: he must have noticed. In a sense it is speculation because it is like getting inside the head of the driver. In this case, according to the prosecutors, speculation is not necessary because the defendants dumped in text messages that they presumed that Maradona’s death could take place. When they wrote “here we risk tuition” or “we can go to prison”, or when they decided to include elements in Maradona’s medical history, they already exhibited that their negligence could end in the death of Ten.
The role of the protagonists is also quite clear:
* Leopoldo Luque always presented himself as Maradona’s doctor and was the one who made the most important decisions. The reality is that he was more of a fan of the Ten and did not have the required professional level.
* Agustina Cosachov, the psychiatrist, signed contraindicated medication, according to the medical board. In addition, one of Maradona’s key pathologies was addiction, so it played a very important role. He also made decisions, despite his youth and inexperience.
* Carlos Díaz, the psychologist. Prosecutors think he had the power to request Maradona’s hospitalization, something that, according to the medical board, would have saved his life. In the messages and audios, Díaz also made many of the decisions.
* The nurses Ricardo Almirón and Dahiana Madrid. Of course they had no decision-making power. However, there was no control and they allegedly lied in their reports.
* The coordinator of the nurses, Perroni, did not correct the deficiencies due to the lack of control and suggested changes, after Maradona’s death, in one of the reports, hiding the truth.
* The Swiss Medical supervisor would not have intervened in the face of the deficiencies either.
Of course the defendants’ great defense will be that Maradona did not want any treatment and had the right to refuse it. On the other side they will say that the Ten was not in a mental condition to make decisions. That will be a nerve center of the case.
The next step is that the Guarantee Judge, Orlando Díaz, must accept the request of the prosecutors to prevent the defendants from leaving the country. As there are no detention orders, it does not need to be issued on that or on the qualification. In the letter, the prosecutors summon the accused to give an investigatory statement, that is, to exercise their defense. The first statement will be on Monday, May 31, apparently from one of the nurses. Of course, the last to declare will be Luque, who is awarded the greatest responsibility.