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Koldo García Asks Supreme Court to Return Seized Phone to Defend Against Harassment Claims

He invokes the fundamental right to an effective defense by arguing the seized device holds key exculpatory conversations.

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Koldo García, exasesor del Transportes

Overview

  • On July 9, García’s legal team filed a petition with the Sala de lo Penal at the Tribunal Supremo seeking restoration of his mobile phone seized on March 20, 2024.
  • His lawyers contend the device contains conversations that could prove his innocence and uncover alleged extortion by ex-Miss Asturias Claudia Montes.
  • The petition asserts that the phone holds records supporting García’s claim of an unpaid €8,500 loan to Montes, which he says she has never publicly addressed.
  • An identical request will be submitted to Judge Ismael Moreno at the Audiencia Nacional to secure parallel consideration of the evidence access plea.
  • Legal experts say the dispute underscores tensions in Spanish jurisprudence over defendants’ right to timely access to seized evidence and effective defense rights.