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Nearly a year after the first case ended in a miscarriage of justice, a new trial to hold soccer icon Diego Maradona responsible for his death has begun under public scrutiny in Argentina.
Maradona, one of the most influential and charismatic soccer players in history, died of heart failure while recovering at home in the province of Buenos Aires on November 25, 2020, two weeks after surgery for a subdural hematoma in his brain. His death shocked the world, with thousands of fans rallying around the world to demand justice.
The previous trial over his death lasted almost three months but was canceled after Judge Julieta Mackintuck was disqualified on suspicion of bias and for allegedly authorizing someone close to her to record the hearing for a documentary.
Mario Baudry, the lawyer for the soccer player’s youngest son, Diego Fernando Maradona, said: “We hope that the court will seize this opportunity and understand the seriousness of the crimes being investigated, that they must be brought to justice, and above all, what Diego represented to the Argentine people and to the world of football.”
Seven medical professionals have been accused of negligence in Maradona’s death, including psychiatrist Agustina Kosachev, neurosurgeon Leopoldo Luque and psychologist Carlos Díaz. All have pleaded not guilty to manslaughter with implied malice. If convicted, they face eight to 25 years in prison.
Defense lawyers deny that Maradona’s medical team committed any malpractice, arguing that Maradona suffered from a series of medical problems before his death.
“It is clear that there was no deliberate criminal plan to kill Mr. Maradona, and we have started this trial to prove that each of the seven defendants is not criminally responsible,” Kosachev’s lawyer Vadim Mishanchuk said.
Meanwhile, Beaudry said he hopes the defendant will be found guilty regardless of the sentence he receives. “And I hope the judge will be tough on Luque, Kosachev and Diaz, who are ultimately responsible. They failed to fulfill their responsibilities as medical professionals and did their due.”
The eighth defendant, nurse Dahiana Madrid, has requested a jury trial, which will be tried in a separate proceeding that has not yet been scheduled.
Judges Alberto Gaig, Alberto Ortolani and Pablo Rolon will preside over the new trial in a courtroom in San Isidro, near Buenos Aires. They will hear testimony from about 100 witnesses, evaluate the evidence and ultimately render a verdict.
“I think this trial will bring the whole judiciary of San Ysidro under scrutiny,” Baudry said, referring to the scandal that brought the trial to an end last year.
The former judge denied the accusations and claimed he had nothing to do with the production of a six-part documentary titled “Divine Justice,” but the scale of the scandal was so large that he faced impeachment proceedings that resulted in his removal from office in November.
Nicolas d’Alvola, a lawyer for medical coordinator Nancy Forlini, argued that the defendants were the ones who suffered from the scandal surrounding the judge. “This trial should not have started. The question that needs to be asked is, why should my client have to undergo a new trial if the judge has decided to make a documentary? Why should the defendant have to pay for it?” d’Arbora said.
“After the McIntuck incident, Luque didn’t trust any judges. He didn’t trust the judiciary, so what he wanted was a jury trial. But that was denied,” said Julio Rivas, Luque’s lawyer. Despite his client’s wishes, Rivas expressed confidence in the new court, saying, “I believe they are three fair judges.”
Kosachev’s lawyer, Mishanchuk, also expressed confidence that the three new judges “have a proven track record.”
The number of witnesses testifying this time is about one-third of the previous time.
“All parties have gone to great lengths to agree on who the truly useful witnesses are,” Mishanchuk said. “The most important witnesses for us are those who can comment on the autopsy, toxicology reports, and medical records within the period that the prosecution determines they should examine.”
The aim is to focus on the events from November 11 to 25, 2020, and to reconstruct how Maradona’s 14 days of home confinement after his surgery unfolded up to his death.
The witness list includes experts and medical experts, as well as members of Maradona’s family, including his daughters Dalma, Giannina and Jana. And his former partner, Veronica Ojeda, testified at the previous trial and participated in several hearings.
“Veronica, like the whole family, finds this situation painful. You can imagine that it is difficult for the victims to relive everything, especially having to support their 13-year-old son,” said Beaudry, who, in addition to being Maradona’s son’s lawyer, is also Ojeda’s current partner.
Given the precedent of canceled trials, there is uncertainty as to whether this new case can proceed smoothly or even be completed.
“This trial must proceed with respect for Maradona’s family and all the defendants. This trial must begin and it must end, and I am confident that this court will do that,” Mishanczuk said, adding that after oral arguments conclude, parties will have the option of appealing if they feel uncomfortable with the verdict.
A verdict could be handed down before the judicial recess by the middle of this year.
“The hope is that it will take less than 30 days, which means it will be completed within two months and justice will be served. Those responsible for Diego’s death will be found guilty,” Baudry said.
Rivas believes the process will move quickly because the number of witnesses has been significantly reduced.
In the wake of the scandal in the previous trial, everything from witness testimony to the court’s decision will be scrutinized more closely this time. This is not only because of the media attention, but also because the case could finally shed light on one of the most controversial deaths in Argentine sports.
