After the resolution of the appeals presented by the defense of Fernanda Bonilla Archila and José Luis Marroquín Ovallesyndicated by the death of Melisa Palaciosthe judicial process continues its course towards the stage of offering evidence, as confirmed by the Victim Institute.
He September 2, 2025he High Risk Court Cin charge of the judge Carol Yesenia Berganzaheld the intermediate stage hearing and decided to send both defendants to trial.
Days later, the September 5the defense filed two appeals: a recusal and an appealwith the aim of stopping the continuity of the process.
Rejection of recusal
He September 23the First High Risk Roommade up of the magistrates Miriam Regina Brolo Salazar de Córdova (chairwoman), Marco Tulio Pérez Lemus (vowel I) and Jorge Emilio Morales Quezada (vowel II), heard the challenge presented against Judge Berganza.
The challenge was intended to remove the judge from the case, under the argument of an alleged lack of impartiality.
However, the magistrates concluded that the judge did not alter the forms of the criminal process nor did he issue an opinion on the case of Melisa Palacioshence They rejected the appeal.
In their resolution, they stated that Berganza had no impediment to continue knowing the file, modify the crimes or hold the intermediate stage hearing.
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The appeal was also rejected
Later, the October 8the Second Chamber of the Court of Appeals of the Criminal Branch of High Risk Processes and Asset Forfeiture notified its decision on the appeal presented by the defense.
The appeal focused on the fact that the judge had supposedly expressed her opinion when deciding to first know the intermediate stage and not the acceptance of charges requested by defense attorneys.
However, the Chamber rejected “in limine” (without going into the merits) the appeal raised by the defense of Fernanda Bonilla and Luis Marroquinthus ratifying the continuity of the criminal process.
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Next step: evidentiary hearing
consulted by Free pressthe lawyer Juan Carlos Aquilrepresentative of Victim Instituteexplained that the next procedural step will be the hearing of offer and admission of evidencewhere the Public Ministrythe defense and his own Victim Institute will present the evidence documentary, expert and testimonial that will be used during the trial.
Aquil pointed out that the date of said hearing will depend on the court workloadalthough he estimates that it could be scheduled in the coming weekssince the case is advanced.
Possible new resources
The lawyer also indicated that, although it has been mentioned that the defense would have presented two new protections he October 10until now there is no official notification about these resources.
“We know that information is circulating about new protections, but we have not yet been officially notified,” Aquil clarified.
The facts of the Melisa Palacios case
The case dates back to July 4, 2021when the young woman Melisa Alejandra Palacios Chacónof 21 yearsdisappeared after leaving his home in the municipality of San Jorge, Zacapa.
His family filed a Isabel-Claudina alertand the next day, July 5the lifeless body of the young woman was found in a vacant lot, with signs of violence.
The investigations of Public Ministry (MP) they aimed at Fernanda Bonilla and José Luis Marroquín as the main suspects. Both were captured in August 2021 and subsequently linked to criminal proceedings for their alleged participation in the crime.
During the investigation, the MP presented several key cluesamong them the latest communications between Melisa Palacios and Fernanda Bonillaas well as an audio which would have been recorded minutes before the murder, considered one of the most relevant pieces in the file.
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The case continues
With the recusal and the appeal rejectedthe judicial process against Bonilla and Moroccan enters a decisive phase.
He High Risk Court C you must program the evidentiary hearinga step prior to the trial that will determine the criminal responsibility of the accused for the death of Melisa Palacios.