The Attorney General of Justice of Mexico City, Ernestina Godoy Ramosdenied having colluded with local judges and magistrates, and with the head of the Attorney General’s Office (FGR), Alejandro Gertz Maneroto issue an arrest warrant and preventive detention against Laura Morán Servín and Alejandra Cuevas, respectively, despite the fact that the figure of “accessory guarantor” does not exist as a crime in the law.
On Monday, March 28, by unanimity of the ministers, the plenary session of the Supreme Court of Justice of the Nation (SCJN) granted plain and simple protection to Alejandra Cuevas and decreed her absolute and immediate freedom. In the same case, the Court acquitted Mrs. Laura Moran Servin of the alleged murder by omission of Federico Gertz. The Court concluded that it was incorrect -by a judge and a magistrate from Mexico City- to attribute the death of Mr. Federico Gertz under the figure of “accessory guarantor”, since it is a non-existent figure.
“The Mexico City Attorney General’s Office is open to public scrutiny and constant evaluation. Our work is reviewed every day by the different bodies of the Judiciary, thus confirming, rectifying or revoking our actions. Neither collusion nor agreements outside the law, strict compliance with court orders, “he said Ernestina Godoy.
In a video message, the capital prosecutor defended the actions of the agents of the public ministry of Mexico City, Jorge Octavio “N” and José Luis “N”, Judge Marcela Ángles Arrieta, and Judge Octavio Ceballos Orozco of the Fourth Chamber Penal Court of the Superior Court of Justice of Mexico City, whose decisions, he said, “at no time were influenced by third parties or by instructions outside the law.”
He argued that the resolution of the SCJN was unanimous in relation to the plain and simple protection of the two women, but not so in the considerations of the case, since it considered that each minister “established different reasoning, which shows that there is not a single legal assessment of the facts that were judged” .
The official maintained that the judicial and jurisdictional authorities have the power to assess the scope of the evidence, and “each one of them performs its function in its respective scope of constitutional and legal attributions.”
“The ministers of the highest court in the country (…) in no case argued that the authorities had fabricated a crime, or that they had manipulated the law. The Supreme Court of Justice of the Nation also did not refer that the evidence provided by the accusation was false or that it had been illegally obtained, or had been altered. He did not point out at any time that there was any irregular action by this prosecution, ”he argued.
However, he indicated that the prosecution under his charge, he will take care of what legally corresponds to him and will wait for the enlargement of the case issued by the SCJN.
The prosecutor of the country’s capital argued that the preliminary investigation was initiated by that Prosecutor’s Office in 2015 based on a complaint by prosecutor Gertz Manero, who accused Laura Moran Servin and Alexandra Cuevas of homicide by omission of his brother Federico.
“The public ministries of the then Mexico City Attorney General’s Office, after assessing the records that were in the file, determined not to exercise criminal action. Dissatisfied with the complainant, he requested for the second time the protection and protection of the federal justice system, an amparo trial that was denied, for which he filed a review trial, which caused that on November 29, 2017 the first collegiate court in criminal matters of the first circuit granted protection to the complainant and precisely established the guidelines for the ministerial actions and ordered the Public Ministry to collect various testimonies, expert evidence in different specialties, statements of witnesses and those initiated, and once the ordered steps were carried out, assess all the evidence obtained and resolve what is appropriate in law,” he explained.
He added that later, the then capital Attorney General’s Office decided to bring criminal action against Laura Moran Servin and Alexandra Cuevas for the probable commission of the crime committed against Federico Gertz Manero. She added that the Sixty-Seventh Criminal Judge of the Superior Court of Justice of Mexico City considered that the amount of evidence presented was sufficient to grant arrest warrants and issue a formal prison order.
“I emphasize that both the complaining party and the accused always asserted their right to disagree with the presentation of evidence and testimonials and expert evidence and they did so through the appropriate resources, which guaranteed the right of effective judicial protection of the parties. . Such was the case that the decisions in the result of the different appeals were favorable at different times to all the parties without any legal inclination towards any of them being noticed, ”he maintained.
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