A strong offensive is brewing in the courts of Comodoro Py to attack the case –in charge of Judge Marcelo Martínez de Giorgi– who revealed that in the notebooks attributed to oscar rye there is handwriting from at least one other person, 1,600 amendments and deletions, plus some of it was written in one sitting.
The raid on the home of Jorge Bacigalupothe friend of the driver who had the writings and gave them to a journalist from The nation, angered the prosecutor Fabiana Leonwho will be in charge of the prosecution of the future oral trial that has among its defendants Cristina Fernandez de Kirchner.
In an opinion that he presented this week, he complained and denounced the investigation that shakes part of the evidence in the case under his charge. She said that it is a “parallel” file, that she seeks to achieve “interference” and that she should take care of evaluating the validity of the notebooks. He Federal Oral Court 7 echoed and required the questioned judge to send “urgent” “a comprehensive certification of the procedural object”, that is, they want to check if there are coincidences in the files.
The reality is that the prosecutor never asked to examine the notebooks (she could do so at the stage of producing evidence for the oral trial), something that the late judge never did either. Claudio Bonadionor was it promoted by the investigating prosecutor Carlos Stornellinor did the judge who followed propose it, Julian Ercolini.
The expert reports were only made based on a complaint made by the businessman on his own Armando Loson, from the Albanesi firm, and which fell to Judge Martínez de Giorgi. The complainant asked that the notebooks where he appears mentioned be studied. Loson’s case had been separated from the rest of the more than forty defendants among powerful businessmen and former officials. He had admitted payments for political campaigns and asked that the Electoral Justice judge him.
The axis of the parent cause is the alleged bribe payments to access tenders. The current situation is that Ercolini raised his case to be incorporated into the trial and the Federal Chamber confirmed it. Loson’s lawyer, Carlos Vela, requested the annulment of all proceedings and now awaits a ruling by Chamber I of the Federal Criminal Cassation Chamber.
the raid
What seems to have irritated León is that, when ordering the raid on Bacigalupo last week, Martínez de Giorgi stated for the first time categorically that It has already been confirmed that some notebooks were adulterated. He said it like this: “In this process, the possible adulteration or modification of the original writings recorded in some of the notebooks that served as evidence in case 9608 of the National Federal Criminal and Correctional Court 11, Secretariat 21” is being investigated. And he added: “This was corroborated, initially, through the scopometric expertise carried out by this Court, on the digital copies of those to which he was able to access by authorization of the Federal Oral Court 7, before which that case is being processed.”
Bacigalupo is a retired police officer, the friend to whom Centeno had entrusted the notebooks, and who gave them to the journalist Diego Cabot, who in turn took the photocopies to Stornelli. Instead of making the complaint and having it go to a lottery, the prosecutor mounted the cause of the notebooks on another. The judge accused Bacigalupo, who will be a witness in the oral trial of the notebooks, because he suspects that he wrote on the texts of the bus driver. From his house, they took 400 notes on pads of paper that he had on a desk and two diaries. This Thursday, judicial sources reported, the judge ordered the Scopometry Division of the Federal Police to carry out a new calligraphic survey to check his handwriting and compare it with the notebooks that are analyzed in this file. Bacigalupo, who is now accused, will be able to put his expert witness.
The irregularities in relation to the annotations had already come to light with a private expert report that Loson ordered and with another that the Federal Police did. Both worked on photocopies because neither the trial prosecutor nor the oral court allowed access to the originals, which appeared unexpectedly in 2019 four days before the presidential elections (despite the fact that Centeno had said that he had burned them).
With his expert opinion, Loson denounced “very serious irregularities” that consisted of “adulterations and deletions of names, places, addresses and dates” in the notebooks. Experts from the Latour study found “more than 1600 alterations of the original text: 1,373 on writings and 195 corrections with correction fluid, while 55 amendments or tests could be viewed, among other anomalies”.
The official expert opinion, from the Federal Scientific Police, confirmed that in notebooks 7 and 8 there are corrections made by hands other than Centeno’s (at the same time it confirms that the original handwriting is his); and 195 cases in which liquid paper was used, under which things other than the original were placed; and the use of four different inks. That is, there was manipulation. They also said that between the first notebooks and the last ones there is a change in writing speed: the last ones seem to have been written continuously, as if someone had dictated to Centeno.
spicy opinion
In the opinion that the prosecutor presented to TOF 7 last Monday, he made clear from the outset his questioning of the raid on Bacigalupo. He says that he found out through the media that the Martínez de Giorgi court “would have searched the address of one of the witnesses in this case and seized documentation and computer equipment in order to ‘advance’ on an alleged object that, as I have already said, It’s hard to understand how it’s different from these cars.” She then warns: “It is not the first time that I have had to pronounce myself on deformations of this type, carried out in scenarios that are intended to be parallel to this case.” “There is a lot that is lost in the eagerness of some magistracies to gratify themselves with the meaning or position of certain parties,” she questions. “This is not, as I said, the first time that I have had to rise up against procedural behavior that is obviously oblique, diagrammed in a foreign jurisdiction and function,” she adds, clearly alluding to the first instance judge.
For León, in the case where the adulteration of the notebooks is being investigated, it is intended to submit the evidence of the oral trial (which does not yet have a date) “to a measure of unknown object and function.” She states that if Loson wants to discuss the validity of the evidence or his situation, he has to do so before the TOF 7, and cites the ruling of the Federal Chamber (signed by Leopoldo Bruglia and Pablo Bertuzzi) that rejected the request for annulment of the annotations. as evidence –following what was confirmed by the expert reports– that the businessman made and confirmed that he must go to trial.
In its presentation, the prosecution states that it wants to access the search warrant and the minutes of the procedure, and that the court say what it is investigating because it wants to show that it is something that corresponds to the oral debate. This discussion already took place before, when Stornelli asked that Loson’s complaints be joined with the main file, but Ercolini told him no and the Chamber agreed. However, TOF 7 rose to León’s new objections and asked for an urgent report to the court. Martínez de Giorgi will respond and continue with his measures.
