The new trial of the braces starts: "He wanted to kill him and he killed him"

With a member of the jury about to be expelled, a key witness according to the defense in quarantine for Covid-19 and certain tensions between the magistrate and the defense attorney,

.

This is how the second trial of what is known as the

started this morning at the Provincial Court of Aragon

, since it is repeated after the Superior Court of Justice of Aragon (TSJA) annulled the previous one considering that the jury did not motivate sufficiently the verdict.

The defendant,

, was then sentenced to five years in prison for the crime of reckless murder against

.

The accusations now return to request 25 years in prison for a murder for ideological reasons with the aggravating factor of cruelty and the defense also maintains its request for acquittal

Rodrigo Lanza, 36, has not declared, as was stated in the script of the first day, as the preliminary questions and the reading of the qualifications of the parties took longer than expected.

There have been several quarrels between the judge,

, with the defense attorney, Endika Zulueta, at the beginning of the trial and also with one of the jurors throughout the entire session.

Specifically number 2, who has interrupted the session up to four times despite the fact that the magistrate has repeatedly warned him that he could not speak.

"Shut up", "it's always the same ...", "this has never happened to me", "we'll see what to do tomorrow", said María José Gil, opening the possibility that the aforementioned jury be replaced tomorrow by one of the two alternates.

The disagreements between the judge and Zulueta were due to the defense attorney requesting that Lanza enter the room without handcuffs so that the jury would not see him with them, due to the "prejudices" that he might sow them.

He also asked that, instead of sitting next to the defense but off the podium, he be allowed to get on the platform and stand at the level of the lawyers.

The judge, after consulting with the police officers who were guarding the detainee, first decided that he should be kept handcuffed at the direction of the agents, but later released him from them when she learned that he was not wearing them in the previous trial.

However, she did not agree to have Lanza take the stand.

The family of Víctor Laínez, has dispensed with their previous lawyer and is now represented by two prestigious criminal lawyers, Enrique Trebolle and José Luis Melquizo.

It is the latter who has presented the arguments of the prosecution by presenting himself as a "close friend" and "lawyer" of the late Víctor Laínez.

"In the previous trial we did not have enough rennet to intervene because we did not want to see what we have found," he said, referring to unpleasant images, such as the autopsy.

"We did not have the guts to enter into that procedure. However, the sentence was passed, which fortunately the Supreme Court of Aragon declared null and void, when we were again offered the possibility of exercising the private accusation, and also with Enrique, we made a heart out of it" he added.

The new lawyers for the private prosecution have added new evidence to the case, including images of Laínez with "black people, with gypsies" to separate him from the status of "neo-Nazi", which according to this part has been awarded to the victim.

"The victim has been criminalized and the criminal has been victimized. It has been said by active and passive that Victor was a Nazi, that he was a Legionnaire, that he was a Templar ...", explained Melguizo to the jury.

The prosecution has also presented photographs of Rodrigo Lanza with dredges and hoops in his ears, "what was it like on the day that Victor took his life", in contrast to the formal appearance - short hair, shirt - with which he has attended the trials .

In Melguizo's words: "It looks like an infantico del Pilar".

After the previous jury considered that Lance committed a crime of intentional injuries in competition with a reckless homicide, but not a murder, considering that by beating Laínez he had no intention of ending his life, the family's lawyers have insisted that it was a crime "for ideological reasons", that Lanza's intention was to end his life, that he attacked Victor when he was "turning his back" on him and that he "finished him on the ground."

"He wanted to kill him and he killed him, neither more nor less," Melguizo concluded.

The defense for its part, which asks for acquittal, has repeated the arguments of the previous trial.

Lanza "had no intention of killing", who acted "in legitimate defense" thinking that Laínez was carrying a knife -that he did not appear on the scene of the events-, "that he was very afraid, that he gave him an outburst and that alcohol influenced ".

Zulueta, who in the previous trial, during the jury selection process, asked the candidates if they had seen the film

in Search of Open Minds, has brought up the tape during his argument.

"I think it would be good for any jury to see

. That play speaks to reasonable doubt. Eleven men say he is guilty, it goes without saying ... a boy accused of killing his father. And there is one who says : 'Well, I want to give it a spin.' 'Do you think he's innocent?' "No, but I want to give it a spin, let's take it for a couple of hours."

And that makes us uncomfortable, because it makes us think, it makes us remove our prejudices ... "The film ends with the accused acquitted of the crime of murder.

The defense has repeatedly invited the jury "to doubt everything and not be prejudiced" and has insisted that in case of hesitation they must acquit.

"With doubts they cannot be condemned," Zulueta told them.

"You do not have to say if he is innocent or guilty, you have to say if he is guilty or not guilty, it is an important nuance. It is better that there are 10 guilty on the street than a single innocent in jail. What if he is innocent? The risk of being an innocent prisoner is a drama for the whole country. "

Zulueta has also presented new evidence, such as the certificate that Lanza is studying Anthropology at the UNED or an extension of the psychological report made on his detainee.

As for the latter, he explained that the psychologist who performed it is in quarantine after testing positive for his sister, so he has requested that the other specialist who also signs it be the one to declare

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