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After suing the car attendant, the judge Rossana Ortega gave the reasons for his decision, which became the first document of the Uruguayan justice where it is explained how a 15 year old teenager could have been murdered, Lola Chomnalez.
To reach this conclusion, the judge relies on various elements such as Ángel Moreira Marín, AKA "The Cachila" (only inmate), autopsy results, expertise acquired at the location where the victim was found and much of the prosecutor's findings Jorge Vaz.
A more relevant detail, for Ortega, the crime was committed by "The Cachila" and at least one more person. That's why he urges us to continue the investigation until we find the accomplice and reach the "absolute truth". As stated in the indictment, there are two possible sequences.
In the first case, Ortega claims that Lola may have been surprised by his killers. The latter, who had embarked her from behind, took her to the wooded area, tried to defend herself and then asphyxiated her to death. "The attacker approaches him from behind, L. tries to escape into the bushes, reaches him, takes him from behind and does not cut him, confronts him and receives a slight cuff in the fronto region. -Temporal left, it falls on the sand, and although it clings to the branches and rolls without defending itself by adopting the position of flexion, lateralized on the right as one finds it, it is pressed against the sand, it dies, it is covered with sand, although it is not burials and the discovery of the body is visualized gluteal region with his jean shorts well put ", Said the judge, citing a specialist in forensic medicine.
The other hypothesis is that Lola could have returned to Valizas when she confronted the aggressor, who struck her for the first time. Then he ran to the dunes, was hit from behind, was injured and then squeezed into the sand until he drowned himself.
The skills acquired in the body approve the proposal. According to studies, the girl was allegedly hit in the face, had a cut on her neck and was pressed against the ground, face down, which resulted in her death by inhaling sand. Ortega therefore thinks that Moreira lied by stating that Lola had fainted and died.
"Despite the weak and illogical version of Moreira, the truth is that Lola fell in the manner indicated by the testimony of the expert, that several wounds were inflicted on her neck and arms, and that she was injured. there is also evidence of an expert demonstrating an attacker ".
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In this sense, he added: "It is possible that the mechanism of death was caused by a double mechanism, the neck wound and the suction of sand.The neck wound would interest the superficial venous vessels which bleed more slowly than the arterial vessels and dilate a little more at the moment of death There must have been resistance and cries, which has the effect of reducing the victim, face down, during his agony against the sand it aspires. were two and two arms on different sides ".
Ortega argues that the explanation of "Cachila" is "unbelievable" because he's trying to say that Lola was a mere fainting. This "do not sympathize with logic or with the evidence gathered"he badured.
In his indictment, Prosecutor Vaz had badured that in his first statement in 2015, the accused had provided details that only a person at the time of the facts could know.
"When I badyzed the first statements of 'Cachila', I noticed that he was aware of very specific details, as when he had said in 2015 that the girl "had fallen to her knees because she felt bad. "According to the coroner, she fell to her knees, but after the attack with a knife and cut, not everyone knew it", Explained Vaz in an interview this week with Infobae.
Judge Ortega also went down this road and recalled the grounds that the defendant had given specifications which had subsequently been verified by scientific experts. In addition, he relied on the semiological badyzes made by an expert about his statement last Monday after his arrest in Rivera, on the border with Brazil.
"The semiological expertise showed as main results that, in the interview, Mr. showed restrictive gestures, that is to say when asked questions about L. Ch. This reflected sign language and a level of stress that did not occur when asked other questions that had nothing to do with the case.said the magistrate.
Among other things, the judge ensures that "The Cachila" He was with Lola until the moment of his death and he even took the pulse to corroborate his death. "The investigator was with the victim on the day of the unfortunate events and at the place where they occurred, dwelling with her until she ceased to exist and verifying the absence of signs of life. " This determined that she had fled the scene ", Said the fault.
Finally, the magistrate of the indictment referred to the motive. In her text, she says that we still do not know why she was killed. Although he said that it was neither a badual badault nor an badault, he does not attempt to express himself in that sense. At this point, he differs with Prosecutor Vaz, for whom there is no doubt that the murderers wanted to rape her and as they could not, they killed her, not without first taking the money that the young woman had on her.
"The motive is not to commit robbery or badual crime, according to the expertise and the pages cited above." At the discretion of headquarters, the circumstances surrounding the crime and in particular the profile of the victim, a teenager alone, in a place apart and unknown to her, they demonstrate the sense of defense in front of their attackers "said the judge, who said that because of Lola's situation in front of his attackers, the crime "it was with betrayal".
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"The inferiority of the conditions in front of more than one aggressor and the geographical characteristics of the place constitute therefore the aggravating circumstance provided for in Article 47, paragraph 1 of the Penal Code, and sufficient evidence appears to impute a crime of homicide. aggravated by the betrayal note "he concluded.
The car keeper, according to the decision, "He was present from the beginning on the spot, approached the young woman and accompanied her until the moment of her death (which was verified by himself), it is obvious that he has witnessed the calvary, despite its exculpatory version, and this is no stranger to the facts ".
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