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The judicial inquiry into the case of Julen Roselló, the two-year-old boy he died while falling into a well in the Spanish city of Totalán, try to determine if it was a matter of reckless homicide or not. In this context, the landowner and one of the main defendants, David Serrano, submitted a report that attempts to show that Julen did not die as a result of his fall, but that he at victim of impacts on his head from a tool that firefighters were in the habit of trying to ring the place.
The autopsy established that Julen died a few minutes after the fall, as a result of multiple wounds in different parts of his body, including a man. Traumatic brain injury, which the medical examiner attributed to the fall of the 25 cm diameter well.
According to the newspaper The world, the defense report written by the architect Jesús María Flores establishes that a pickaxe – a metal rod one meter long with a hook-shaped tip– used to measure the depth of the stone plug and sand formed Sunday on the baby could be the cause of head trauma deadly.
The report explains that Julen fell and with her head in her arms, for which she would have been protected. According to the document, firefighters They dropped the pickaxe ten times of different heights penetrate the cork.
When being fetched for the last time, around 9 pm on the day of the incident, they were recovered at the end. "eight hair belonging to the minor, 3 of them having telogenic roots".
"This leads us to wonder what alternative of thesis to that of direct impact on the head The miner can explain the presence of these biological remains at the tip of the pickaxe, "explains the defense.
"Parents they heard her crying for 30 seconds and it is impossible for the child to bump his head since he fell upright. It may be that the impacts of this pickaxe caused the trauma that caused his death, "said Serrano's lawyer, Antonio Flores.
On January 13, Serrano, cousin of Julen's father, had invited his family to to eat a paella in the field.
The man stated that he had covered the well with concrete blocks and that he had to lift a retaining wall against possible landslides on the mountainous terrain.
"I saw that someone could put a foot on and split it, but never in life, I did not think that a child would be fine, that I would never forgive in life," he said. he said at a press conference.
The conclusions of the defense report
First: "Julen rushed through a hydrographic survey, with his arms raised, until he stopped about 73 meters deep, where he found himself stuck or fell on a bed that was stopped 73 meters high, it takes about 3.85 seconds to reach the ground and some people say they heard the cry crying for more than 30 seconds after rushing, which supports the view that he would have survived the fall. "
Second: "The fall was fast at first, but it slowed down when the child's friction against the walls of the perforation increased because of the bending of his clothes around his head and arms. an overpressure under his body, like a piston, which also contributed to the deceleration of the body during his fall.This badumption is consistent with the statements of the father and aunt of the child who described the sound during the fall as aspiration. "
Third: "As the child came down, sand, earth and small stones were dislodged from the walls of the perforation because of friction." This material fell with him, the largest stones first (2-3 cm) and the aggregates later, until they were finally deposited on the monolithic badembly that forms the " rosco "of clothes wrapped around his head and arms, as well as his hands that show through the central hollow.It was felt that this layer of sand, earth and small stones, which formed what 39, the so-called "cap", had a thickness of between 10 and 15 cm during the first hours.
Fourth: "Forensic scientists say that the death of the minor occurred as a result of severe traumatic brain injury that affected the temporal and fronto-temporal region.On the same day, 1/13/2019, this region Lateral head could hardly receive an impact of this magnitude during the fall, since it was protected at all times by the arms and encapsulated in the "rosco" clothing, and that it was possible that A larger stone falls later, pbading into the ground, clothing and hands and hitting the child's head located about 25-30 cm deep under the visible surface of the cork is very unlikely because of what precedes. "
Fifth: "The actions with the pickaxe, 10 impacts in total, between 17:30 and 21:00 on the day of the incident, is the only thing that could physically cause injuries to the head and skull of the miner Julen Roselló. Launches over one meter long, handcrafted from a 25 mm diameter corrugated steel bar with a pointed end and weighing about 8 kg, were used to the first time around 17:30. On Sunday, about four hours after the incident, he was lowered to the bottom of the well, tied to a rope and accompanied by the robotic camera. As soon as the first contact of the tool with the surface of the plug occurred, the pickaxe was lifted. The background has dropped several times and at different heights, ranging from 0.60 m from the first representations to about two meters from the last four. This report was able to prove that they used a total of 10 violent impacts during which the pickaxe punched the surface of the plug, which could establish that the last four penetrated at least 35 cm inside, a greater distance to that of the child's head, with a force of 50 kg tip The fact that after extracting the pickaxe for the last time, around 9 pm on the day of the incident, eight hair belonging to the child, three of whom with a telogenous root, were collected at its end, leads us to wonder what other thesis to the direct impact on the child's head can explain the presence of these biological remains at the tip of the pickaxe? "
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