The Los Calavera case was once again stalled after the defense of one of the accused presented a challenge against Judge Carol Yesenia Berganza, head of the High Risk Court C.
Lawyer Otto René Marroquín questions the impartiality of the judge after a disagreement related to a medical excuse presented to be absent from a hearing, while an Appeals chamber must decide whether the file continues in that judiciary or passes to another judicial body.
The recusal once again slowed the progress of the Los Calavera case, a structure accused by the Public Ministry (MP) of participating in armed attacks against directors of a private hospital for alleged extortion charges.
On May 5, Marroquín, defender of the accused Carlos David Sil López, raised a challenge against the head of the High Risk Court C considering that there are doubts about her impartiality to continue hearing the process.
According to the legal professional, the appeal was promoted for “serious, objective and fully verifiable reasons” that, in his opinion, violate fundamental rights such as the right to health, due process, the right to defense and the principle of judicial objectivity.
The legal action arises as a result of what happened on April 27, when Marroquín claimed to have presented a memorial to justify his non-attendance at the hearing at the beginning of the intermediate stage due to medical problems; However, the document was not received in the highest risk judiciary.
In the letter, the lawyer explained that he faces a clinical condition that requires medical supervision and that causes physical limitations, in addition to side effects such as drowsiness, loss of concentration and mobility difficulties.
Marroquín indicated that these complications derive from a surgery he underwent on February 24, a procedure in which screws and titanium bars were placed in his spine.
The defender maintained that Judge Berganza questioned the medical reasons given to justify his absence, a situation that she interpreted as a lack of trust in his person and in the veracity of the excuses presented.
For this reason, he stated that the judge’s actions generate “reasonable doubt” about her objectivity to continue hearing the file and requested that she recuse herself from continuing to be in charge of the case.
The intermediate stage hearing was scheduled to resume this Wednesday, May 13, in the High Risk Court C, after the file was sent from the High Risk Court B.
The transfer occurred after Judge Eduardo Orozco excused himself from continuing to hear the process, following a challenge raised against him.
Now, once again it will be the magistrates of the High Risk Appeals Chamber who will have to decide if the file continues under the knowledge of Judge Carol Yesenia Berganza or if it will be sent to another judiciary.
The case
The MP accuses three men and a woman, alleged members of the Los Calavera criminal structure, of participating in armed attacks against two directors of a private hospital.
According to the investigation, the events would be related to the alleged failure to pay extortions demanded from the healthcare center.
The victims identified in the case are Francisco Alberto Galindo Chacón and Mario Fernando Meza Batres.
The first attack occurred on December 23, 2022 in zone 4 of Santa Catarina Pinula, where Galindo Chacón was attacked. The second incident was recorded on August 16, 2023 on Los Próceres Boulevard, in zone 10 of the capital, against Meza Batres.
Although the process had already advanced in the High Risk Court B, the challenge presented against Judge Eduardo Orozco caused him to refrain from continuing to hear the file, which was later transferred to the court led by Judge Berganza.
With the new challenge raised by the defense, the progress of the case is once again suspended while it is defined which jurisdictional body will continue to be in charge of the process.
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