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2w ago

Maradona Death Retrial Delayed by Judge Recusals and Double Jeopardy Claims

Defendants assert that Judges Gaig and Rolón compromised neutrality during a July hearing, pairing that claim with a 'cosa juzgada' exception based on the prior trial’s nullification

Leopoldo Luque, imputado por la muerte de Diego Maradona, pidió apartar a dos jueces de la causa (Imagen AP).
(FILES) In this file photo taken on November 02, 2019 Gimnasia y Esgrima team coach Diego Armando Maradona gestures to supporters as he leaves the field after an Argentina First Division Superliga football match against Estudiantes, at El Bosque stadium, in La Plata, Buenos Aires province, Argentina. - Genius, idol, magician, the synonyms used to talk about Diego Armando Maradona. The '10' that broke into Argentine soccer in the 70s harvested a legion of faithful that covered him in life and that keeps him in a seat of deity a year after his death. (Photo by ALEJANDRO PAGNI / AFP)
Pidieron recusar a dos jueces del nuevo tribunal del juicio por la muerte de Diego Maradona.
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Overview

  • Luque’s defense filed motions to recuse Judges Alberto Gaig and Pablo Rolón, halting the constitution of the new TOC N°7 panel and putting the retrial on hold.
  • They allege Gaig’s participation in the judge-selection draw and prior rulings in the Maradona case reveal a preconceived interest incompatible with impartiality.
  • Objections to Rolón cite his earlier request to be excused for caseload reasons, his subsequent acceptance without changed conditions, and his passive conduct during the multipurpose July 18 hearing.
  • As part of their challenge, Luque’s lawyers demanded the full video recording of the July 18 session and an official inquiry into Rolón’s agenda and staffing from his original court.
  • Agustina Cosachov’s team has lodged a ‘cosa juzgada’ exception, arguing the nullified first trial constitutionally bars any new prosecution under double jeopardy protections.