The Criminal Court number seven of Seville plans to begin this Thursday the trial against Francisco Javier García, known as El Cuco, and convicted of covering up the murder of Marta del Castillo in 2009, and against his mother, for an alleged crime of false testimony derived from his appearances in the trial held in 2011 for the aforementioned crime. The Prosecutor’s Office claims for each of them eight months in prison and fines of 1,500 euros, while the victim’s family asks for two years in prison and fines of 1,800 euros.
The calendar of the trial, collected by Europa Press, contemplates the initial session this Thursday and new sessions on Friday and on May 31 and June 2, 7 and 9.
The appearance of the two defendants, Francisco Javier García and his mother, Rosalía Inmaculada García, is scheduled for the first day of the trial, while the appearance of several witnesses is scheduled for Friday, including the parents of Marta del Castillo. Already for Monday, May 31, the appearance is scheduled, also as a witness, of Miguel Carcaño, sentenced to 21 years and three months in prison as the author of the crime, after the petition of Marta del Castillo’s family was admitted so that the perpetrator of the crime testified in person and not by videoconference at trial.
In this regard, Miguel Carcaño has already been transferred from the Ciudad Real prison where he is serving a sentence, to the Seville II prison, located in Morón de la Frontera, for his face-to-face appearance at this trial.
Regarding it, Marta’s father, Antonio del Castillo, considered some time ago that Cuco “must tell the truth” about what happened because “it suits him and it suits us all”, also expressing his “hope” that Miguel Carcaño, as a witness in the oral hearing, also told “the truth.”
And it is that the victim’s family defends its efforts to do “the impossible to find Marta”, whose body has never been located despite the various locations investigated.
In this regard, let us remember that last April 2021, the Court of Instruction number four of Seville, in the framework of the piece corresponding to the search for the body of Marta del Castillo, ordered new actions regarding Carcaño’s mobile phone and on the raw data of said telephone and of the telephone terminals of the victim, Cuco and other persons previously included in the investigation, in order to prepare an expert report.
The opening of the oral trial regarding this case came in June 2021, after the Court of Instruction number two ordered already in February 2019 to continue the proceedings initiated against El Cuco and his mother for this matter, through the abbreviated procedure. and in the spring of that year it pronounced itself in the same way after the additional tests carried out after its first order of transformation of the preliminary proceedings into an abbreviated procedure.
In his second order of continuation of the proceedings for the procedure of the abbreviated procedure, the investigating judge Carlos Mahón reiterates that before Francisco Javier García, his mother Rosalía GM and the partner of the latter Ángel Manuel RC testified as witnesses in the trial held in 2011 by the Seville Court against the adults accused of the crime, «all of them devised a plan whose sole purpose was to mislead the court about what really happened on January 24, 2009, when the minor was killed ».
The trial, let’s remember, ended with the sentence of Miguel Carcaño to 20 years in prison for a crime of murder and the acquittal of the rest of the accused, that is, his brother Francisco Javier Delgado; his girlfriend María García and Carcaño’s friend Samuel Benítez. Subsequently, the Supreme Court added another year and three months to the prison sentence imposed on Carcaño, who will appear as a witness in this new trial.
As the investigating judge reiterates in this second indictment, on October 25, 2011, when Cuco was of legal age, he testified in the trial held by the Seville Court against the adults accused of the aforementioned crime and, “in according to the hatched plan”, he told the court “falsely” that he had not been on the evening of January 24, 2009 in the apartment on León XIII street where “Marta del Castillo was killed” and that day he had been «with some friends in time slots »other than the real one«.
His statement included, as the judge recalls, that around 11:30 p.m. on the same January 24 he found himself in the vicinity of the address «with Ángel Manuel RC, who «had gone to throw out the garbage», and who later «went up to his house and did not leave it.
“The Preconceived Plan”
Ángel Manuel RC, as the judge recalls, “following the preconceived plan”, also testified “falsely” before the court that around 11:30 p.m. on the 24th he left his house to throw out the garbage and met Cuco and that he and his wife (mother of Cuco) were away from their house that day until 1:30 in the morning, weighing the death years ago of Ángel Manuel RC
Regarding the testimony of Cuco’s mother, the judge recalls that “according to what was agreed with her husband and her son”, she would have declared before the court “in a mendacious manner” that that day she went out with her partner to have a drink, that they went to Bar La Portada, that they both returned home around 1:30 or 2:00 a.m. on the 25th and that, once there, “he went into his son’s bedroom, saw him lying down and gave him a kiss”.
Faced with this, the judge warns that “the evidence has shown against what was declared” by the three before the court that “on the evening of January 24, 2009”, Cuco “was at the home” of Leo XIII; that same day he was with a friend until 8:30 p.m. or 8:45 p.m. and that he saw other friends of his “from 10:30 p.m. on the same day.”
It’s not “true” either.
“It is not true that around 11:30 p.m. on that day, he and his mother’s husband were in the vicinity of his home when he was going to throw out the garbage,” the judge indicates, pointing to the evidence and adding according to the same that it would not be true either that Cuco’s mother and her partner “were away from their house, more specifically in the La Portada bar, until 4:30 or 5:00 on the 25th.”
For this reason, the judge reiterated his 2019 decision to follow the proceedings of the abbreviated procedure for an alleged crime of false testimony initiated against Cuco and his mother, some proceedings filed regarding the woman’s husband given his death years ago.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.