• Infanticide They investigate for murder and decree prison for the mother of the seven-year-old girl who died in Lugo

The second section of the

Provincial Court of Lugo

has sentenced

Ana Sandamil

, the resident of

Muimenta (Cospeito-Lugo)

who murdered her only daughter,

Desirée Leal

, seven years old, to a reviewable permanent prison, in the early hours of the 3rd of May 2019, according to the guilty verdict reached by the popular jury on February 15 after six days of trial.

The victim, according to the sentence, had no possibility of defense (treachery due to helplessness), due to the "absolute disproportion between the possibilities of aggression or attack on the girl and her aggressor."

In addition, as the presiding magistrate underlines in the resolution, the circumstances in which the attack occurred must be taken into account, given that the girl was "sleeping alone with her mother, in her room, and probably drowsy from Trazodone -a drug prescribed for insomnia- that he gave him".

Instinct led the minor to try to defend herself, "but there was no chance of success in that attempt, in the face of that violent and surprising attack by her own mother, determined to end her life," she maintains, for which Ana Sandamil has been considered the author of a crime of murder, with the aggravating circumstance of kinship and the analogous attenuation of mental or psychic alteration.

The jury considered proven that the defendant, who slept in the same bed as her daughter, gave her a drug with sedative effects and then "asphyxiated her with her bare hands, putting pressure on her neck and also obstructing her airways, mouth and nose", for which he could also have used "some of the objects that were in the room", such as a cushion.

In the sentence, the presiding magistrate of the jury court recounts, in accordance with the accredited facts, that the girl "came to wake up and try to defend herself, with no chance of success."

After killing her daughter, the condemned woman went to her mother's bedroom, informed her that she had died and took some pills, knowing that they would not cause her death, as indicated in the resolution.

The jury, based on the reports of the psychological and psychiatric expert evidence, estimated that there is no direct relationship between the disorder suffered by the accused, even though she suffered from possible delusions, with the act of killing her daughter, "more beyond the stress generated in her by the relationship of both with the father (very pressing due to the fact of being aware of the intention of her ex-partner to increase the relationship with the girl)".

At the time of killing the minor, according to the jury, "her cognitive and volitional abilities were affected, in a significant or relevant way, but only partially and not important, especially volitional."

In addition, it concludes that there was a "simulation or exaggeration of psychopathology by the accused, especially in terms of memory alterations."

According to the resolution, she was aware of the intention of the father of the minor, with whom she had a romantic relationship for four years, to modify the agreement of parent-child measures, either to extend the visitation regime or to request joint custody, with in order to spend more time with the girl.

"That was the main reason that he killed his daughter," according to the members of the jury, who also considered it proven that, a few days before the events, the convicted person inquired on the internet about the means to end life. of his daughter and even conducted searches related to a poison called strychnine.

According to the conclusions of the jury, the convicted person has been diagnosed with an unspecified psychotic disorder and a mixed-type personality disorder, which at the time of the events "partially affected her mental faculties and not significantly and, therefore, to their capacity to understand the illegality of the act or to their capacity for self-control and self-determination to act in accordance with said understanding".

Without "reasonable doubt in your favor"

The presiding magistrate assures in the ruling that the explanations of the condemned and her confrontation with the other evidence "not even in what referred to her alleged lack of capacity, would allow to sustain the existence of a reasonable doubt in her favor."

Thus, it affirms that, in the trial, the woman insisted that she did not remember what happened during the night of the proceedings, but that amnesia, according to the sentence, was "challenged by the expert evidence" and was seen as "selective".

In addition, he recalls that, although the defendant always pointed out that the minor could have drunk from a bottle with medicine, "she did not always affirm that she had it prepared with the intention of committing suicide."

The Court also points out in the ruling that the conclusions of the biological expert report indicate that, in the two bottle caps, the pink one on the table -a bottle with white liquid- and the red and white one -corresponding to a bottle with brown liquid- organic remains appear with the genetic profile of the minor.

On the contrary, there is no genetic profile of her mother.

Against the sentence it is possible to file an appeal before the

Superior Court of Justice of Galicia

(TSXG).

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