10. upheld the conviction for murder in an Umbanda temple of Argentina. SOURCE: News on 6
The Ministers of the Superior Court of Justice confirmed the life sentences of three men for the murder of Miguel Angel Almiron locksmith in an Umbanda temple, one of the defendants had in the South neighborhood Argentino de Posadas. In this way the highest court of Province of Cassation rejected the appeals filed by the defense against the ruling by the Criminal Court 1 on 26 de noviembre de 2008. El crimen ocurrió en la madrugada del 18 de junio de 2004 y el cadáver fue hallado varios días después, enterrado en un pozo de agua.
César Taurino Klein, el pai umbanda Hugo Odilón Ledesma y el ex policía Ellis Gustavo Giersztunowicz deberán purgar una pena de 35 años de prisión; mientras que a Eugenio Fernández de Oliveira se le confirmó la pena de seis años de prisión por encubrimiento agravado. Lo cuenta Noticias del 6.
Al analizar el planteo de la defensa de Klein, el ministro Manuel Augusto Márquez Palacios descartó que el imputado haya sido víctima de apremios ilegales como denunció en el juicio y sostuvo que sus dichos “constituyen a distortion that only tend to confuse the real appreciation of the particular circumstances of fact. "
recalled that at first the boy denied having been at the crime scene in order to recognize the opposite. "It was he and Giersztunowicz who urged him to seek the services of Ledesma to verify through ritual session if he had been cheated or not the change was made motorcycles Cesario Willy," added the judge.
For its part, the defense questioned Ledesma integration of the Tribunal, as the maid Errecaborde Martin had intervened in the case. In that sense, the STJ held that the proposition "Is out of time" and clarified that the intervention of the judge "has referred to procedural matters that have nothing to do with the question: that is, with the ultimate criminal liability to the plaintiff he could."
Moreover, the defense questioned the fact that it has reviewed the statements of witnesses who were not at the scene. In this regard, Márquez Palacios said that "the testimony" indirect "," second degree "or" reference "as it usually refers to the account of facts known by other people, should not be disqualified a priori, any time may contain elements of certainty, or circumstantial or presumptive that can get to complete a given evidential situation. "
With regard to the lack of accreditation Ledesma's participation in the crime, said "the decision has been taken to establish a logical connection between the different stages of this, starting with the arrival of the house Almirón Ledesma , where it was present and practiced a cult, and there occurred the fatal outcome of that show traces of human blood found in the home, club and bloodied corpse found in a well in the same place also with the subsequent conduct of Ledesma to clean everything carefully, hold the bike the victim and dispose of the papers of the vehicle (or similar) deposited with a third party. There can be no doubt that all the time Ledesma participated in the events that took the life of Almiron and he tried to take advantage of the goods of the same, is not credible on their claim that was absent from the house to find documents that were what a neighbor just when the victim had just arrived and was in the company of Fernandez de Oliveira, Giersztunowicz and Klein, and on returning found her dead. "
"I think the reasoning of the Court to establish participation in the crime Ledesma Almirón by way of co-responds with a high degree of verisimilitude to the particular case, the obvious connotations of treachery in a crime, all that the defense was not enough to undermine its own claim to the contrary, without mention of concrete evidence or support " said the minister in his vote. Also rejected the existence of unlawful coercion to "pai."
On the appeal against the sentence of six years in prison for Fernandez de Oliveira, Palacios Márquez said that "it is proper to the extraordinary remedy of appeal, to replace the criterion of the Ordinary Court of Special Judge, when no violation warning , misapplication or non application of the law. On the other hand, from the quadrant of arbitrariness do not consider that the penalty will lead the service when it fits exactly on the scale which provides the substantive law and has been sufficiently substantiated by the judges. "
Analyzing the Appeal brought on behalf of Giersztunowicz, said "I understand that in this case has been adequately proved the presence of Giersztunowicz during the night of 17 to 18 June 2004 at the home of Odilon Ledesma. This arises from the statements of Fernández de Oliveira and Carlos Alberto Gomez, who said that at about five o'clock when he returned to the "temple" found Ledesma, Fernandez de Oliveira and Giersztunowicz, in a state of tension. What could be doing the latter at four or five o'clock in Ledesma? Is it that they called at that time? It is not logical. The logic is that he spent the night there. His alibi that he had stayed at home to watch a football match was called into question with the statement of Ramon Da Silva and the Channel 12 report regarding failure to submit any party that day. "
He added that "if Giersztunowicz believed, as he declared that Almiron had gone to Buenos Aires, why was not the bike the home of his parents, instead of "almost" hide in a place like the current Federal Tyre?, whence he came so much interest Giersztunowicz by moving the machine and take over the freight could not pay, because the economic hardships that he admits was enduring, and that it had no obligation to take?. We conclude that Giersztunowicz participated in the killing, and their attitudes before and after interest in usufruct only reveal somehow Almirón motorcycle, "he reasoned.
adhered to vote ministers Palacios Márquez Jorge Antonio Rojas, Froilan Zarza Beatriz Ramona Velasquez, Roberto Rubén Uset, Humberto César Augusto Santiago Sergio Schiavoni, which rejected the proposals of the defenders.
Source: RIES - Info 165 - 17.08.1910
RELATED NEWS
ARGENTINE POLICE KILL MAN IN RITUAL Ubando
(and use their blood)
Clarín - Buenos Aires (Argentina)
Monday 1 November 2004
Posadas, Misiones (Argentina) - A Miguel Angel Almiron deceived took him to a house in the peripheral zone of Posadas, where he was murdered in an accurate stabbed in the neck to use their blood in a ritual. This conclusion
the examining magistrate was Eduardo D'Orsaneo, who delivered the trial of four men, including two former police officers for the crime.
written history began June 17 when Almiron, a locksmith for 38 years and with mild mental retardation, left his home on his motorcycle to go to a pool of two of the accused, former police officer Gustavo Ellis Giersztunowicz, 31, and Cesar Taurino Klein, 24.
The victim was driven to a house under false pretenses from Las Dolores, on the outskirts of the city, where, according to research, beaten with a mass no sooner stepped through the doorway. That
instead lived another former police Odilón Hugo Ledesma, 36, who officiated umbanda pai. In the house had an altar with a dozen statues and other rituals. That day would have been accompanied by another man. The judge
D'Orsaneo, then beat the men gave the victim a puntazo neck. "The blood of the victim would have used it in some sort of dark ritual, taking account of human blood traces found in part of the cult objects seized at the crime scene," said the magistrate.
His hypothesis is also based on other factors such as the seizure of seven spikes with blood and finding spots similar to an altar located inside the house. D'
Orsaneo after the crime said the body was wrapped in a tarp and thrown into a dry well that was 17 meters deep. The body was then covered with dirt and trash bags.
Police Homicide Division arrived at the suspects to investigate Almirón friends and acquaintances. Thus warned Giersztunowicz and Klein had disappeared after closing the doors of the pool.
latter was located in the center of the province and reportedly confessed to where the body was the locksmith, who was dug on 29 August.
The judge said the gang killed Almiron to stay with his motorcycle and other valuables and to prevent it would report them.
That's why they charged the crime of "murder by premeditated competition of two or more persons, by treachery and being committed to facilitate or conceal another crime," judicial sources said. Former police
remain housed in the Criminal Unit of Loreto and the other two defendants in the Prison of Encausados \u200b\u200buntil they are tried by a tribunal.
http://www.geocities.com/Heartland/Acres/1142/Noticias/noticias_04_nov.htm
The Ministers of the Superior Court of Justice confirmed the life sentences of three men for the murder of Miguel Angel Almiron locksmith in an Umbanda temple, one of the defendants had in the South neighborhood Argentino de Posadas. In this way the highest court of Province of Cassation rejected the appeals filed by the defense against the ruling by the Criminal Court 1 on 26 de noviembre de 2008. El crimen ocurrió en la madrugada del 18 de junio de 2004 y el cadáver fue hallado varios días después, enterrado en un pozo de agua.
César Taurino Klein, el pai umbanda Hugo Odilón Ledesma y el ex policía Ellis Gustavo Giersztunowicz deberán purgar una pena de 35 años de prisión; mientras que a Eugenio Fernández de Oliveira se le confirmó la pena de seis años de prisión por encubrimiento agravado. Lo cuenta Noticias del 6.
Al analizar el planteo de la defensa de Klein, el ministro Manuel Augusto Márquez Palacios descartó que el imputado haya sido víctima de apremios ilegales como denunció en el juicio y sostuvo que sus dichos “constituyen a distortion that only tend to confuse the real appreciation of the particular circumstances of fact. "
recalled that at first the boy denied having been at the crime scene in order to recognize the opposite. "It was he and Giersztunowicz who urged him to seek the services of Ledesma to verify through ritual session if he had been cheated or not the change was made motorcycles Cesario Willy," added the judge.
For its part, the defense questioned Ledesma integration of the Tribunal, as the maid Errecaborde Martin had intervened in the case. In that sense, the STJ held that the proposition "Is out of time" and clarified that the intervention of the judge "has referred to procedural matters that have nothing to do with the question: that is, with the ultimate criminal liability to the plaintiff he could."
Moreover, the defense questioned the fact that it has reviewed the statements of witnesses who were not at the scene. In this regard, Márquez Palacios said that "the testimony" indirect "," second degree "or" reference "as it usually refers to the account of facts known by other people, should not be disqualified a priori, any time may contain elements of certainty, or circumstantial or presumptive that can get to complete a given evidential situation. "
With regard to the lack of accreditation Ledesma's participation in the crime, said "the decision has been taken to establish a logical connection between the different stages of this, starting with the arrival of the house Almirón Ledesma , where it was present and practiced a cult, and there occurred the fatal outcome of that show traces of human blood found in the home, club and bloodied corpse found in a well in the same place also with the subsequent conduct of Ledesma to clean everything carefully, hold the bike the victim and dispose of the papers of the vehicle (or similar) deposited with a third party. There can be no doubt that all the time Ledesma participated in the events that took the life of Almiron and he tried to take advantage of the goods of the same, is not credible on their claim that was absent from the house to find documents that were what a neighbor just when the victim had just arrived and was in the company of Fernandez de Oliveira, Giersztunowicz and Klein, and on returning found her dead. "
"I think the reasoning of the Court to establish participation in the crime Ledesma Almirón by way of co-responds with a high degree of verisimilitude to the particular case, the obvious connotations of treachery in a crime, all that the defense was not enough to undermine its own claim to the contrary, without mention of concrete evidence or support " said the minister in his vote. Also rejected the existence of unlawful coercion to "pai."
On the appeal against the sentence of six years in prison for Fernandez de Oliveira, Palacios Márquez said that "it is proper to the extraordinary remedy of appeal, to replace the criterion of the Ordinary Court of Special Judge, when no violation warning , misapplication or non application of the law. On the other hand, from the quadrant of arbitrariness do not consider that the penalty will lead the service when it fits exactly on the scale which provides the substantive law and has been sufficiently substantiated by the judges. "
Analyzing the Appeal brought on behalf of Giersztunowicz, said "I understand that in this case has been adequately proved the presence of Giersztunowicz during the night of 17 to 18 June 2004 at the home of Odilon Ledesma. This arises from the statements of Fernández de Oliveira and Carlos Alberto Gomez, who said that at about five o'clock when he returned to the "temple" found Ledesma, Fernandez de Oliveira and Giersztunowicz, in a state of tension. What could be doing the latter at four or five o'clock in Ledesma? Is it that they called at that time? It is not logical. The logic is that he spent the night there. His alibi that he had stayed at home to watch a football match was called into question with the statement of Ramon Da Silva and the Channel 12 report regarding failure to submit any party that day. "
He added that "if Giersztunowicz believed, as he declared that Almiron had gone to Buenos Aires, why was not the bike the home of his parents, instead of "almost" hide in a place like the current Federal Tyre?, whence he came so much interest Giersztunowicz by moving the machine and take over the freight could not pay, because the economic hardships that he admits was enduring, and that it had no obligation to take?. We conclude that Giersztunowicz participated in the killing, and their attitudes before and after interest in usufruct only reveal somehow Almirón motorcycle, "he reasoned.
adhered to vote ministers Palacios Márquez Jorge Antonio Rojas, Froilan Zarza Beatriz Ramona Velasquez, Roberto Rubén Uset, Humberto César Augusto Santiago Sergio Schiavoni, which rejected the proposals of the defenders.
Source: RIES - Info 165 - 17.08.1910
RELATED NEWS
ARGENTINE POLICE KILL MAN IN RITUAL Ubando
(and use their blood)
Clarín - Buenos Aires (Argentina)
Monday 1 November 2004
Posadas, Misiones (Argentina) - A Miguel Angel Almiron deceived took him to a house in the peripheral zone of Posadas, where he was murdered in an accurate stabbed in the neck to use their blood in a ritual. This conclusion
the examining magistrate was Eduardo D'Orsaneo, who delivered the trial of four men, including two former police officers for the crime.
written history began June 17 when Almiron, a locksmith for 38 years and with mild mental retardation, left his home on his motorcycle to go to a pool of two of the accused, former police officer Gustavo Ellis Giersztunowicz, 31, and Cesar Taurino Klein, 24.
The victim was driven to a house under false pretenses from Las Dolores, on the outskirts of the city, where, according to research, beaten with a mass no sooner stepped through the doorway. That
instead lived another former police Odilón Hugo Ledesma, 36, who officiated umbanda pai. In the house had an altar with a dozen statues and other rituals. That day would have been accompanied by another man. The judge
D'Orsaneo, then beat the men gave the victim a puntazo neck. "The blood of the victim would have used it in some sort of dark ritual, taking account of human blood traces found in part of the cult objects seized at the crime scene," said the magistrate.
His hypothesis is also based on other factors such as the seizure of seven spikes with blood and finding spots similar to an altar located inside the house. D'
Orsaneo after the crime said the body was wrapped in a tarp and thrown into a dry well that was 17 meters deep. The body was then covered with dirt and trash bags.
Police Homicide Division arrived at the suspects to investigate Almirón friends and acquaintances. Thus warned Giersztunowicz and Klein had disappeared after closing the doors of the pool.
latter was located in the center of the province and reportedly confessed to where the body was the locksmith, who was dug on 29 August.
The judge said the gang killed Almiron to stay with his motorcycle and other valuables and to prevent it would report them.
That's why they charged the crime of "murder by premeditated competition of two or more persons, by treachery and being committed to facilitate or conceal another crime," judicial sources said. Former police
remain housed in the Criminal Unit of Loreto and the other two defendants in the Prison of Encausados \u200b\u200buntil they are tried by a tribunal.
http://www.geocities.com/Heartland/Acres/1142/Noticias/noticias_04_nov.htm
