The Court that acquitted Marcelo Macarrón (63) for the crime of his wife Nora Dalmasso (51)murdered in November 2006 in the Cordoba city of Río Cuarto, recognized the woman as a “victim of gender-based violence” for the exposures that her “privacy” suffered and that “unduly impacted her honor, her interests and her memory”according to the grounds of the verdict.
In addition, the Criminal, Correctional and Accusation Chamber of the 1st Nomination of Río Cuarto endorsed in all terms the arguments of prosecutor Julio Rivero, who in his plea had asked the judges and the popular jury to acquit the widower for misdemeanor. of certainty about his responsibility in the act.
The president of the Court, Daniel Vaudagna, with the support of members Natacha García and Gustavo Echenique Esteve, recognized “Mrs. Nora Raquel Dalmasso as a victim of gender-based violence”, under the terms established by the CEDAW (Committee for the Elimination of Discrimination against Women) and the Inter-American Convention to Prevent, Punish and Eradicate Gender Violence against Women -Convention of Belém do Pará.
“During the debate another Nora Raquel Dalmasso emerged, different and real. We met a woman who liked solitude, reading and plants; generous with her time, attentive to the needs of others; a woman who trusted to San Antonio her authentic desires: the health of her father and her relationship with her husband, the projects of her children and some advantages for the family economy”, highlighted the Court.
Meanwhile, on the grounds of the verdict of July 5, in which Macarrón was acquitted of the crimes of “homicide qualified by the link, by treachery, and by price or remuneration promise”, the magistrates considered that the Public Prosecutor’s Office ” with due justification, it considered that in no way –in the debate– was it demonstrated, with a degree of certainty, that Marcelo Eduardo Macarrón had intervened in the factual platform that attributed the summons request to trial.”
In this context, for the judges “the conditions that the procedural law demands for its validity have been fulfilled. This trial court, safeguarding the constitutional guarantee of due process and the inviolability of the right to defense in court, cannot but issue an acquittal.”
Vaudagna also referred to the context of the reception of testimonial evidence in the debate, which took place between March 14 and July 5 with Macarrón’s acquittal, and clarified that the court’s role was to invite witnesses to state what that they knew about the fact that was judged, and that it was not up to them to ask “probing questions”.
He also stressed that throughout the trial process “the constitutional guarantee that no one can be forced to testify against himself was respected.”
In the sentence it was also resolved refer the proceedings of the trial to the Public Prosecutor’s Office, for the purpose of continuing the preparatory criminal investigation” in an attempt to identify those responsible for the crime.
At the hearing on the grounds of the sentence, in the courts of Río Cuarto, Macarrón was with his lawyer Marcelo Brito, and the widower briefly told the media that after his health problems he is “working again for 15 days”, and that little by little is “coming out of this ordeal”.
Meanwhile, Brito maintained that “with the reading of the fundamentals, the criminal process in relation to Macarrón is closed.”
The Dalmasso femicide trial demanded 39 oral hearings, for which 71 witnesses paraded, barely 25 percent of the more than 300 that had been planned.
The prosecutor who instructed the case, Luis Pizarro, when taking the case to trial, considered that on the morning of November 25, 2006, the widower “planned to kill his wife due to marital disagreements and with the intention of his/her adlater /is to obtain an advantage, probably political and/or economic”, which was ruled out by Rivero.