May 22, 2022 8:09 pm

Closed cases: what were the most shocking murders that remained in these days without conviction

The murders of Lucila Yaconis, Solange Grabenheimer, Nora Dalmasso, María Marta Landívar and Marisol Oyhanart they caused commotion and provoked demands for Justice, through demonstrations or presentations in cumbersome judicial files that ended without anyone being convicted. All the cases have another unifying element: the latent risk of the prescription of criminal action and the failure of the State that was unable to find the culprits of the five femicides.

Although, according to the legal norm, the prescription of criminal action applies to persons accused of a crime and not to the crime itself, the lack of results in the investigations carried out by the police and some operators of the judicial system that intervened in those cases, they resulted in voluminous summaries that accumulated hundreds of pages, but went unpunished.

Lucila, 16, was killed on April 21, 2003, two blocks from her home, in Vilela and the Miter train tracks, in Núñez. María Marta was 38 years old, she was from Ayacucho, but had settled in Pinamar, where she worked as a psychologist. They killed her there, on May 18, 2012. Marisol, who worked as a kindergarten teacher and was the mother of three children, was the same age when she was murdered on April 14, 2014, shortly after leaving her house to take a walk. , in Saladillo.

Nora was 52 years old when she was murdered in her house in the Villa Golf country estate, in Río Cuarto, on November 25, 2006. Solange, 21, was stabbed to death in the PH where she lived in Florida. At the beginning of the investigation, her friend, Lucila Frend, was accused, but in the oral trial she was acquitted in a resolution issued unanimously by the San Isidro court, which judged her and considered that she had no responsibility in the crime.

Nora Dalmasso was 52 years old when she was murdered in November 2006Archive

In all cases, given the impossibility of the State to advance the files and to identify the culprits, there is a latent risk that, in the event that the prescription of the criminal action is decreed, the perpetrator of the femicide will later present himself and say “I killed her”, but he cannot be subjected to a process because the legal deadlines have expired.

The law grants Justice and its auxiliaries a term to find evidence against the accused of a crime. If at that time, the State could not or did not know how to carry out a rigorous investigation to arrest and convict the author of a crime with evidence, the prescription of the criminal action is decreed. This happens because, according to the law, a person cannot be investigated indefinitely.

Although there are procedural acts that interrupt that abrupt end. According to article 67 of the Criminal Code, the statute of limitations is suspended, among other circumstances, by the summons to the accused or the request to bring the accused to trial. For this reason, according to the law, the prescription of criminal action applies to people, but not to crimes.

Last Monday, 15 years after Solange’s murder, the legal term to decree the prescription of the criminal action for the murder that occurred in the PH in which the victim lived with her friend Lucila Frend would have been fulfilled.

Based on the forensic doctor’s report that indicated that Solange was murdered during the early hours of the morning, between 1 and 6, at a time when Lucila was in the apartment, the prosecution accused the victim’s friend of the murder. In a second report, the coroner indicated that the homicide occurred between 9 and 15, when Lucila had left the house. Despite the fact that the lawyer recognized that there were failures at the time of taking the body temperature, a key procedure to determine the time of death, the prosecution decided that this matter be aired and resolved in the oral trial.

The debate held in 2011 ended with Lucila’s acquittal. Two years later, the Criminal Cassation Chamber confirmed the acquittal verdict.

Lucila Frend was the only one accused of the crime of her friend Solange;  was acquitted and the case prescribed last Monday
Lucila Frend was the only one accused of the crime of her friend Solange; was acquitted and the case prescribed last Mondaytelam

With Lucila’s acquittal, there were indications that pointed to two suspects, but no evidence was ever found to summon them to an investigation.

In the case of the femicide of Nora Dalmasso, the criminal action was also prescribed to prosecute the perpetrator of the murder. However, the measure did not reach Marcelo Macarrón, the victim’s husband, who will undergo an oral trial this year because the Río Cuarto Public Ministry considered that he had hired a hit man to kill his wife.

Macarrón’s defense requested that the accused be tried by a popular jury. To achieve a guilty verdict it is necessary that there be unanimity of the juries and the accusation against Macarrón is devoid of evidence.

In 15 years, the Public Ministry could not identify the perpetrator of Nora’s crime.

Marcelo Macarrón, widower of Nora Dalmasso, will come to trial accused of instigating the murder, but the material author can no longer be sentenced
Marcelo Macarrón, widower of Nora Dalmasso, will come to trial accused of instigating the murder, but the material author can no longer be sentencedtelam

There was also no evidence against a former official of the Pinamar Security Secretariat who, in 2012, was detained for three days for his alleged responsibility in the murder of psychologist María Marta Landívar.

“What happened to my daughter was the perfect crime, because so far Justice has not given me any answers,” said one of María Marta’s relatives in a note published by THE NATION in 2014.

Almost ten years after the murder of the psychologist, there are several defendants in the investigation, but none were called for investigation, a procedural act that, for example, would interrupt the term for the prescription of the criminal action. Nor has anyone been arrested for the crime of María Marta.

No one was convicted, either, for the murder of Lucila Yaconis. Isabel, the victim’s mother, took charge of the search for witnesses to the crime. This is how he found a domestic worker who worked in O’Higgins and Paroissien, who remembered seeing a suspect at the crossroads of the tracks. The other is the night watchman of a shed where they were repairing elevators and who heard the screams of a girl who said “leave me, leave me!”. When she went out to see what was going on, because it was dark, she couldn’t clearly see the face of the man who was with her daughter. He never realized that they were attacking Lucila.

At one point, the police told Lucila’s mother that they had found DNA from the killer. The obstacle to finding the killer was that there was nothing to check that genetic pattern against.

Since her daughter was killed, Isabel, one of the founders of the NGO Madres del Dolor, tried to create a database with the DNA of the rapists and thus be able to provide the Justice with a tool to identify the perpetrators. of sexual abuse.

After much struggle, Mothers of Pain managed to create a bank of genetic fingerprints for those convicted of crimes against sexual integrity. But the problem is that it covers a very small universe, because it only contains information on rapists with a final sentence.

In the file for the investigation of Lucila’s homicide, 80 DNA samples from different suspects were incorporated, all the comparisons with the genetic pattern of the murderer were negative. Lucila’s killer is still free.

The ineffective state reaction

The murderer of Marisol Oyhanart, the kindergarten teacher and mother of three children murdered on April 14, 2014, in Saladillo, is also still free. Based on an investigation carried out by a group of detectives from the Homicide Cabinet of the La Plata Investigations Directorate, it was determined that Marisol was murdered by an agricultural businessman who owned fields in Saladillo and Bolívar, the victim’s ex-lover. The investigators reached this conclusion after reviewing the evidence incorporated in the file that is instructed for the femicide of the kindergarten teacher.

Despite the report made by the police, that businessman was never formally charged in the file or summoned to testify as a defendant.

All the cases show that the inefficiency of the State in the five criminal proceedings made it possible for the perpetrators of the five femicides to go free.

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