Courts El Cuco and his mother, prosecuted for lying in the trial for the murder of Marta del Castillo
Evidence Marta's father delivers 600 hours of recordings from a Cuco confidant
In the puzzle of Marta del Castillo's crime there are still, thirteen years later, many
pieces that do not fit
and one of them could find its place in the trial that begins this week in the Criminal Court 7 of Seville and that sits on the bench of the defendants Francisco Javier García, better known as el
Cuco
, and his mother, Rosalía García, for a crime of perjury.
The "little one", which is what Marta called him, was under 18 years old when the events occurred and was tried and sentenced in a juvenile judge for
covering up the murder
of his friend and helping the murderer and "unknown third parties" who, according to the sentence of the Provincial Court of Seville of the second of the trials, the one that took Carcaño to prison, they also participated and could not be identified or punished.
In that second trial,
Cuco
and his parents testified
as witnesses
and all three agreed on the minor's alibi.
They insisted, despite the fact that he had already been tried and sentenced, on that rainy night of January 24 he returned to his house early, went to bed and never came out again.
That statement, which had no consequences for them at the time, formed part of the
evidence
base on which the Sevillian High Court built its sentence, which was not exempt from controversy due to the acquittal of all the accused, with the exception of Carcano.
Due
to lack of evidence
, the magistrates acquitted Carcaño's brother, Francisco Javier Delgado;
his girlfriend, María García;
and the murderer's friend, Samuel Benítez.
It is impossible to know if
the result
would have been different if Cuco's statement had not been what it was, but eleven years after those statements, everything indicates that the then minor and his parents lied.
There is evidence that what they said in November 2011 in court trying the adult suspects had little to do with reality.
The main one is the
recordings
that a man, who gained the trust of the family, made for several years and in which they admit to having lied to the court.
Those same recordings are the ones that could now end up convicting Javier García and his mother -the father died- for a crime of false testimony, for which they will be prosecuted
as of this Thursday
in the Criminal Court 7 of Seville.
The alleged infiltrator who recorded the conversations of the 'Cuco' family. JESÚS MOR
That trial, in which Carcaño himself is summoned to testify, is the greatest judicial
success
that Marta's family has achieved since the
disappointment
that the sentences of the two trials meant for the relatives of the disappeared girl, especially for the acquittal of those who have always considered as participants in what happened.
It was Marta's parents, Antonio del Castillo and Eva Casanueva, who filed the
complaint
that has resulted in this oral hearing based, precisely, on the tapes of the so-called "infiltrator", the validity of which the Justice has admitted and that the police experts have concluded that were not manipulated.
The alleged lies could cost Cuco and his mother dearly, since the private prosecution, carried out by Marta's family, demands
two years in prison
and compensation of 10,000 euros, while the Prosecutor's Office requests a sentence of eight months of prison.
Even the investigating judge, Carlos Mahón, is convinced that they lied in the trial and, although he does not enter into the motivation, the lawyer representing the Del Castillo family does.
In his indictment, they point out that that false testimony had the obvious objective
of confusing the court
and, further, influencing his sentence and achieving the acquittal of most of the accused, as it happened.
Regardless of the purpose, Judge Mahón comes to speak in the abbreviated procedure initiation order of
a "plan"
concocted by Cuco and his parents to deceive the magistrates about what really happened on the day of the crime.
Javier García assured as a witness that he had not been that night in the León XIII apartment where Marta was killed, that he was with some friends and that before midnight he returned to his house and did not come out.
And that was what her parents confirmed, her mother came to affirm, under her oath, that she saw him
asleep in her bed
and that she gave him "a kiss."
However, Judge Mahón points out in his order, there is evidence that
Cuckoo
was in León XIII and that, contrary to what he maintained, he did not return home before midnight.
His parents, he adds, could not see him there because they were
in a bar
until around five in the morning.
Marta's family has always maintained that Cuco lied to protect others involved, in particular Carcaño's brother, whom they consider not only the
mastermind
but also the
material author
of the young woman's death, although judicially that door was also They closed the parents and it is almost impossible for it to reopen.
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