Francisco Nicolás Gómez Iglesias has spent years trying to get a court to consider him “upset.” “I have been in psychiatric treatment for quite some time,” said this 27-year-old with a “good face” —Esperanza Aguirre (PP) dixit-, popularly known as Little Nicholas, during the trial that put him on the bench last May for posing as the King’s emissary on a trip to Ribadeo (Lugo) in 2014. Now, two months after that statement and after alleging the same thing in two other oral hearings, the Provincial Court of Madrid has admitted his request and, in the same sentence that condemns him this week to three years in prison for usurpation of public functions and bribery, applies the mitigating factor of “mental disorder”. A decision that reduces the penalties imposed and that opens a new scenario for its defense, which will use this ruling in the rest of the cases that are pending.
After evaluating the medical reports presented during the oral hearing, the court that judged the Ribadeo case concluded that Gómez Iglesias “suffers from a personality disorder with narcissistic characteristics and immature features, as well as an adaptive disorder with anxiety-depressive symptoms.” According to the judges, who lowered the request for seven years in prison from the Prosecutor’s Office, this situation “conditions” his “perception of reality”, but not enough to exempt him from all criminal responsibility, as Little Nicolás already claimed in two other previous cases opened against him. “The limitation of the faculties suffered, and that would affect the value intellectual factor […], it would not happen of slight ”, points out Section 17 of the Provincial Court of Madrid in its resolution of last Monday, against which there is an appeal.
Juan Carlos Navarro, the young man’s lawyer in several of his cases, highlights the importance of this last sentence for the defense. As anticipated by the lawyer, he now plans to use the mitigating effect appreciated by the court in the two oral hearings that still have to be held against Little Nicolás: for the alleged fraud of a businessman from Toledo posing as a government advisor and for obtaining police data and from the Madrid City Council in exchange for favors, where the Prosecutor’s Office asks that a total of 15 years and nine months in prison be imposed on him.
Although the battle of the defense will not stop there. The lawyer also stresses that he will report the ruling of the Ribadeo case to the Supreme Court, which must rule in the future on Gómez Iglesias’ appeal against the sentence handed down in June that sentenced him to one year and nine months in prison for falsifying his ID so that a friend could appear on his behalf for the examination of Selectivity. The idea of his lawyers is that, again, the extenuating psychic alteration is applied to him and thus it is possible to reduce the sentence imposed.
In the DNI case, Section 7 of the Provincial Court of Madrid did not assess the alleged mental disorders of Little Nicolás, despite the fact that his lawyer alleged them as defense during his final presentation of the trial, because during the oral hearing “no related evidence was practiced with those facts “:” The lack of submission to the rules of immediacy and contradiction, prevent us from considering it, “the magistrates explained.
It was not the first time that a court tiptoed over this issue. Just before the trial held against the young man in 2018 for insults and slander to the National Intelligence Center (CNI), where he was finally acquitted, his defense presented the report alleging “a megalomaniac disorder” to try to prove that he is unimpeachable. Then, the Criminal Court 16 of Madrid did not go into the merits of the matter either, since it ignored the accusations against the young man by ruling out that the CNI is among the taxpayers who may be victims of the crimes attributed to him.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.