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The defense of the three former footballers of the Arandina CF sentenced to 38 years in prison each for a crime of sexual assault of a child under 15 years in his apartment in Aranda de Duero has filed appeals in the Provincial Court of Burgos Against the judgment of the trial. This appeal has been admitted for processing and has been submitted to the Superior Court of Justice of Castilla y León , and now the accusations and the Prosecutor's Office will have until January 27 to challenge it.
In the brief, to which EL MUNDO has had access, the defense requests " the free acquittal or nullity of the sentence " on the understanding that " the denounced events did not happen ", several of the rights of the convicted have been "violated", " Some of the statements made at the trial have not been taken into account and the child's statement is taken as" unique " :" The victim's statement is not the only one available to the court to make its decision about if it is enough to unnerve the presumption of innocence. Such intimacy never came about, given the constant presence of a witness. The court does not value its statements despite being the only witness . "
According to the sentence, that fourth witness "went to change into the room, not proving whether he remained in the room or left the floor after changing clothes." The defense says that believing the version of the child would be "an act of faith": "It would not be admissible to found the resolution in a kind of act of faith unconditioned in the veracity of the version of who is said victim no matter how disgusting the fact is denounced".
The appeal of defense defense also focuses on the " different versions " that the minor gives of the facts reported to various interlocutors and that the sentence "justifies by their immaturity", according to the letter, and "turns psychologists into witnesses ". "The psychologist values the likelihood of their manifestations, but not the truthfulness of them," they claim.
In addition, they argue that environmental intimidation , the basis of the sentence, referred to in the sentence "cannot be sustained." "It is enough to watch the video (of the application 'musical.ly') to disassemble that existed. On three occasions the minor could have left home, and did not."
Carlos Cuadrado 'Lucho', Víctor Rodríguez 'Viti' and Raúl Calvo , the three former convicted players have maintained the situation of provisional freedom since March 2018. The Prosecutor's Office requested his appearance in December for the modification of his condition, but the Chamber decided to maintain it, among other things, as there was no risk of escape.
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