This Monday begins in the Provincial Court of Zaragoza the repetition of the trial for what is known as the

crime of the suspenders

.

Rodrigo Lanza Huidobro

, 36, is accused of being the alleged perpetrator of the murder of

Víctor Laínez Muntané

, 55, after attacking him on the night of December 12, 2017 in a bar in the Aragonese capital for wearing suspenders with the colors of the Spanish flag.

The new trial will begin, conditioned by the Covid-19, with the election of the 11 members of the jury, nine holders and two alternates.

Also new are the magistrate-president of the jury,

María José Gil Corredera

, and the lawyer for Víctor Laínez's family, who will be

Enrique Trebolle

, a prestigious and well-known criminal lawyer.

The first trial was held in November 2019 and the presiding magistrate of the court, José Ruiz Ramo, sentenced Lanza to five years in prison and compensation of 200,000 euros.

According to the verdict of the popular jury, Lanza was convicted of a crime of intentional injuries in competition with a reckless homicide, with the aggravations of treachery and ideological motives and the slight mitigating of outburst.

And not for murder as the Prosecutor's Office and the accusations intended.

The Prosecutor's Office requested a sentence of 25 years in prison for a crime of murder for ideological reasons with the aggravations of hatred, treachery and cruelty, in addition to the payment of compensation of 150,000 euros to the family of the victim and 5,600 to Health for the Expenses generated.

The popular jury reached the conclusion that Lanza attacked Laínez from behind and that he hit his head when he fell to the ground, an injury that caused his death.

However, he ruled out that the accused had any intention of ending his life and, therefore, the murder.

The victim, Víctor Laínez.

/ EM

LACK OF MOTIVATION

The Prosecutor's Office and the family of the deceased alleged that there were contradictions on the part of the jury.

Affirmations that mediated their answers or lack of motivation for the verdict, for which they requested that the trial be repeated.

Last April

, the Civil and Criminal Chamber of the

Superior Court of Justice of Aragon

(TSJA) ordered the trial to be repeated, understanding that there was a lack of motivation on the part of the popular jury in its verdict.

With this decision, he annulled the first trial and also the sentence of five years in prison that the Provincial Court of Zaragoza imposed on the accused.

Lanza's defense, exercised by the lawyer

Endika Zulueta

, also appealed the ruling, but in his case so that the aggravating treachery and ideological motives and the civil liability of 200,000 euros that the judge imposed on the defendant were eliminated.

He also requested the provisional release of Lanza, who has remained in the

Zuera prison

since his arrest in 2017.

The Zaragoza Court extended until December 2021 the prison situation for Rodrigo Lanza, who, if this resolution had not been mediated, would have been released from prison last June, according to the sentence initially imposed and which was invalidated.

The TSJA took into account the thesis of the Prosecutor's Office, represented by

Carlos Sancho

, and the accusations, by Juan Carlos Macarrón, the family's lawyer, and

David Arranz

, lawyer for the popular action exercised by Vox.

Why the trial was annulled

The TSJA considered that essential elements were violated in the first trial and recalled that "there is a true duty to motivate the verdict by the jurors."

He added that the voting record must include "both the elements of conviction taken into consideration and a succinct explanation of the reasons why they have declared or refused to declare certain facts as proven."

And he specified that these are essential elements that were not respected in the sentence now annulled.

In addition, the court did not explain why some statements or expert reports were accepted and not others, which was fundamental for the sentence that freed Rodrigo Lanza from the crime of murder.

The magistrates of the TSJA also understood that there was a flagrant "lack of explanation" of why it was considered that "there was only intent to injure and not intent to kill, so that the death caused was caused by recklessness."

The family of Víctor Laínez showed their satisfaction after learning of the decision of the Superior Court of Justice of Aragon to annul the sentence and order the repetition of the trial.

The then-family lawyer,

Juan Carlos Macarrón

, declared: "Justice has been served because the jury's verdict was very poor and full of contradictions."

"That is what we wanted, that the trial be repeated because we understand that justice was not done."

And he added: "We believe that the decisions of both the popular jury and the court magistrate were not correct. We understand that it was a full-blown murder and that Mr. Lanza should be investigated as such.

Enrique Trebolle, the Laínez family's new lawyer.

/ JESÚS MORÓN

Laínez's new lawyer: from the crime of Fago to Ortega Cano's defender

Enrique Trebolle (1957), a prestigious and well-known criminal lawyer, is the new lawyer for the family of Víctor Laínez. Austero and rigorous in his work and introverted, he is not very assiduous at social events.

He is the son of a civil guard and they say that in the beginning he was a passionate lawyer who, little by little and over time, has tempered his style.

They are not frequent, but neither are they strange, his angry interventions when he is convinced that what he defends is fair.

He is conscientious in his work and very studious.

So much so that preparing a case takes him months, and several days before a hearing he locks himself in his office, disconnects his phone and immerses himself in the summary.

Trebolle has handled well-known cases such as the indictment in the crime of Fago (Huesca), for the murder of Mayor Miguel Grima, or the defense of José Ortega Cano, for the run over with a victim.

To his credit there are also known summaries: the famous accelerator of the Hospital Clínico de Zaragoza, the defense of Sergeant Miravete, the

Progea case

, the AVA scam and a murder that in the 80s shocked public opinion in Zaragoza: the death of a young student of the Labor University.

In that investigation, Trebolle requested, for the first time in Spain, the genetic code of the main and only accused.

An embryo of what today would be the study of DNA.

Likewise, he has defended some of those indicted in the urban corruption schemes of the Zaragoza town of La Muela and in the Zaragoza PLAZA logistics platform.

According to the criteria of The Trust Project

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