The judge sentences Cuco and his mother to two years in prison for lying in the Marta del Castillo crime trial

Javier García, el Cuco, and his mother, Rosalía García, have been sentenced to two years in prison for giving false testimony in the trial held in 2011 for the crime of the young Sevillian Marta del Castillo, for which Miguel Carcaño is serving 21 years in prison as the sole author of his death. Both acknowledged at the hearing held on May 25, that they lied in court when they claimed that on January 24, 2009 Cuco had not been at 11:30 p.m. in the flat of León XIII, where the girl was murdered, and that at At 1:30 a.m. on the 25th he was sleeping and his mother kissed him goodnight while he was in bed.

The head of the Criminal Court Number 7, Olga Cecilia Simón, has also imposed compensation of 30,000 euros -15,000 for each of those convicted- for the family of Marta del Castillo, taking into account “the nature of the facts about those who have lacked the truth and the undeniable and manifest pain of the parents”. The judge has imposed the maximum sentence requested by the private prosecution and has increased the request for compensation by 5,000 euros. The Prosecutor’s Office requested eight months in prison.

“The truth was very different as has been proven,” says the magistrate in her ruling. “Lack of truth in the statement given as a witness in a judicial proceeding is a crime to the extent that the testimony is one of the means of evidence on which the conviction of the judge can be based when issuing a judicial resolution. definitive, in such a way that it is possible that a false testimony, if it misleads the judge or court before which it is given and is valued as true, causes an unfair resolution, that is, a pronouncement in which the superior value is not made. of justice and harm an interest that must be protected by the judiciary”, he adds.

The acceptance of his lie for the first time in 13 years prevented Carcaño from appearing as a witness, as planned, frustrating the last opportunity that Marta’s family clung to so that she could confess where she disposed of the remains of her daughter and what really happened on January 24, 2009. The head of the Criminal Court Number 7, Olga Cecilia Simón, understood that having admitted being the perpetrators of the crime of perjury for which they were being tried, no further investigation was necessary. tests. By taking advantage of their right not to testify, Cuco and her mother did not respond to the questions of the Prosecutor’s Office and the private prosecution about what happened the night the young Sevillian lost her life.

“That Carcaño does not come takes away our last chance, the last chance to find Marta and we are once again inflicted with moral damage similar to the lie of the accused,” said Antonio del Castillo, Marta’s father, during the oral hearing. . He and his wife were the only witnesses that the judge authorized to testify to assess the possible moral damage claimed by the private prosecution that, at the time of the final conclusions, asked the judge to deduct a crime against moral integrity, as has already happened. in the case of Carcaño, when the Supreme Court increased the sentence imposed in 2011, appreciating that criminal type for understanding that the different versions and lies that he poured out about what happened during the investigation of the crime caused Marta’s family even more pain.

El Cuco was already sentenced to three years of internment as a cover-up for Marta’s murder by a juvenile court, which acquitted him of two crimes of sexual assault, against moral integrity and desecration of corpses, for which he had also been charged.

The family of Marta del Castillo has been trying for years to repeat the trial for the crime of her daughter, considering that Carcaño’s brother, Francisco Javier Delgado, had a decisive role in the death of her daughter and in the concealment of the body. Delgado was acquitted along with his girlfriend, María García, and a friend of Carcaño, Samuel Benítez, in the 2011 trial. For the prosecution and the private prosecution, the false testimony of Cuco and his mother, standing outside the time context in the that the events occurred and the transfer of his body could have taken place, “influenced” the sentence and “could have caused” the aforementioned acquittals. The Supreme Court upheld Carcaño’s sentence.

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