Agustin Martinez, the lawyer for Francisco Javier Garcia (known as El Cuco) was convicted of covering up the murder. He has already appealed to the Seville Court against the Court's Penalty number seven which sentenced the young man and his mother respectively to two years imprisonment for a crime involving false testimony during their appearances as witnesses at the 2011 trial against the adults charged with the crime.
According to Europa Press, Judge Olga Cecilia Simon's opinion stated that she was unable to "abstract from the media pressure" and instead made comments during the hearing that "made it clear that his actions were influenced by the process of the case." This appeal collected from Europa Press, left "a glimpse or interconnections with a crime that has been judged with a final sentence, and the impossibility that it can be tried again."
Cuco refuses to answer questions. This would be "an affirmation of an opinion formed prior to trial" and "an animosity or an opinion about" the accused. He also points to the expression by the judge that "Spain was dyed with mourning" for Marta del Castillo's murder.
"That all Spain was in mourning", the lawyer said. He glimpsed a "paltry animosity", towards Cuco, and asked for the "nullity", of the trial and its repetition.
He also claims that El Cuco was unaware of the sentence handed by the Court in his original conviction for covering-up.
According to his lawyer, 'El Cuco" saw his legitimate rights violated when he testified. He also stated that the communication with the lawyer on the date of sentencing did not mean that the accused understood the sentence's meaning and firmness.
The defense also stated that it was morally unadmissible to demand the recognition of an accusatory event through the clever use of the figure witness. This is because the person who has been charged retains the right to not testify against him, not confess to guilt, and is exempted from the obligation to make an oath or promise the truth>>
Cuco's lawyer subsistiarily asks for his acquittal in the crime of false witness, "without giving rise compensation for moral damages to the family Martes del Castillo."
They both acknowledged the facts in the indictment on May 26th and 27 but did not answer any questions. The sentence, issued by the Communication Office of Justice of Andalusia and collected by Europa Press on May 3rd, is declared to be proven that El Cuco, Rosalia GM, and Angel Manuel R.C., were able to arrange "a coherent and coherent statement to cover the actions of Francisco Javier in the early hours of January 24, 2009. (when Marta del Castillo's murder occurred)"
According to the sentence, during the 2011 trial by the Seventh Section at the Seville Court against the adults charged with the murder of Marta del Castillo; el Cuco stated that he was not at the address on Leon XII Street where Carcano lived. Instead, he was there with friends and went to his home around 11:45 p.m. to meet Angel Manuel R.C. who had gone outside to dump the garbage and then returned to his house to not go out again. The truth was quite different
According to the Criminal Court number seven this extreme was "accredited in the already final sentences by the Juvenile Court number 3", which sentence Cuco for concealment and for having "helped Miguel Carcano get rid of his corpse and prevent it from being discovered'; and, of the Seventh Section Court ", which convicted Carcano for the murder, but acquitted the other accused, Samuel Benitez, Francisco Javier Delgado, the latter's stepbrother, and his partner.
According to the magistrate the Juvenile Court sentence was confirmed by Provincial Court on October 20, 2011 "days before his statement as witness and of legal age" during the trial in the Seventh Section against Marta del Castillo.
His mother was also mentioned in the ruling. He said that he went out with Angel Manuel, the deceased under investigation, for a few drinks at La Portada. He returned to his home at 1:30 or 2:00 AM on January 25th, finding Francisco Javier asleep in his bedroom. However, they had been in the establishment until 4:30 AM and they did not find their son at home when they arrived.
According to the Seventh Criminal Court, "before the accusation of the facts is made by either party, the truth has not been accepted in a trial by either party." In the case of Marta del Castillo's murder, Marta del Castillo, both were warned about the possible consequences of false testimony.
According to the ruling, "failing tell the truth in a statement given as witness in a judiciary proceeding is a crime in the extent that the testimony is one the means by which the judge's conviction may be based." When issuing a final judiciary decision, in such manner that it is possible for a false testimony to be given, before it is valued and accepted by the court, it causes an unfair decision. This is when the higher value of justice is not realized or an interest that must protected by the judiciary.
The judge also sees "undoubtedly" the damage being done to Marta del Castillo's parents, who, when Marta del Castillo appeared as witnesses, pointed out the "pain" and humiliation they had suffered over the 13-year period following the murder of their daughter. He also questioned the "lies" that were told about the facts.
The sentence, which was handed down in this case, condemns the defendants to two years imprisonment, 1,440 euro fines and a joint compensation of 30,000 euros to Marta del Castillo's parents.