A defense of former councilor Jairo Souza Santos Júnior, Dr. Jairinho, reported that will file this Monday (8) an appeal against the sentence that sentenced him to 43 years, 9 months and 20 days in prison for the death of Henry Borel.
In a statement released to the press, the Lawyers stated that the measure represents the formalization of the intention to challenge the decision before the Court of Justice of Rio de Janeiro. The appeal reasons, a document in which the defense will present its legal arguments in detail, will be filed later and analyzed by the 7th Criminal Chamber of the Court.
Jairinho was convicted by the Jury for the crimes of qualified homicide, torture and coercion during the process after 11 days of trial at the II Jury Court of the Capital.
Defense points out the judge’s bias
According to the note, one of the main points that will be discussed in the appeal is the allegation of bias by judge Elizabeth Machado Louroresponsible for presiding over the trial.
A defense maintains that the issue has been raised since the beginning of the process, around five years agoand states that the topic gained new prominence after and for the prosecution’s assistance in conducting part of the inquiry involving the defendant Monique Medeiros.
For lawyers, should take effect in relation to both accused.
Defense cites possible jury nullification
In a note, the stated that, if the Court recognizes the existence of defects capable of annulling the judgment in relation to Monique Medeiros, the same understanding should be applied to Jairinho.
“If the jury is nullified in relation to Monique, it must also be nullified in relation to Jairo, as impartiality is a prerequisite of jurisdiction. There is no legitimate criminal process without impartiality”, he stated.
The defender also stated that, in the panel’s assessment, Any new trial should take place without the alleged nullities pointed out by the defense throughout the process.
More than 20 invalidities will be questioned
In addition to the judge’s allegation of bias, the defense reported that it identified more than 20 alleged procedural nullities that will be taken to the Court of Justice for consideration.
The lawyers did not detail all the points that will be presented in the appeal, but stated that the questions involve acts carried out during the criminal investigation and the trial itself carried out before the Sentencing Council.
In the Jury Court system, the Appeal is the main instrument used to challenge convictions. Among the hypotheses provided for in the Code of Criminal Procedure are the occurrence of nullities subsequent to the pronouncement, errors in the application of the sentence and decisions considered manifestly contrary to the evidence in the case.
A Presentation of the appeal does not automatically suspend the effects of the conviction. Jairinho remains in prison pending analysis of the case by the Rio de Janeiro Court of Justice.
Remember the trial
The trial of the defendants for the death of Henry Borel began on May 25, at the II Rio de Janeiro Jury Court, and became the longest in history of the Court of Justice of Rio de Janeiro. Over 11 days of sessions, dozens of witnessesincluding experts, coroners, police officers, family members and people who lived with the child.
During interrogations, Monique Medeiros stated for the first time that she believed that her then partner, Dr. Jairinho, was responsible for the attacks that resulted in her son’s death. Already the The former councilor denied the accusations and maintained that he had not committed any violence against Henry.
In the final debates, the Public Ministry defended the conviction of the two defendants for qualified homicide and torture. Monique’s defense maintained that she had been a victim of psychological violence and an abusive relationship, while Jairinho’s lawyers asked for the former councilor’s acquittal.
After voting on the questions by the seven jurors, Jairinho was sentenced to 43 years, 9 months and 20 days in prison for the crimes of qualified homicide, torture and coercion during the process. Judge Elizabeth Machado Louro ordered the sentence to be served under an initially closed regime.
Monique Medeiros had the charge of intentional homicide downgraded to manslaughter. The jurors recognized their responsibility for omission in the face of the attacks suffered by Henry, and the magistrate applied judicial pardon in relation to manslaughter. For the remaining crime, the sentence was considered served due to the period of preventive detention already supported by the defendant.
