The plenary session of the Supreme Court of Justice of the Nation (SCJN) turned to Minister Alfredo Gutiérrez Ortiz Mena the presentation for the new draft resolution on the amparos promoted by Laura Morán and Alejandra Cuevas, to whom the Attorney General of the Republic, Alejandro Gertz Maneroaccused of murder against his brother, Federico.
The plenary hopes that said project can be presented this month to the plenary session. In yesterday’s plenary session, five ministers: Javier Laynez Potisek; Ana Margarita Ríos Farjat; Juan Luis González Alcántara Carrancá; Norma Lucia Piña and Luis María Aguilar Morales, spoke out for granting a plain and simple protection that grants freedom to Alejandra Cuevas Moran. If one more vote had been added, the protection would have been direct.
In the session of this Tuesday, March 15, the Minister President of the Supreme Court, Arturo Zaldívar, reported that the amparos under review 540/2021 and 541/2021 were returned to the Minister Alfredo Gutierrez Ortiz Menawho has promised —understanding the seriousness of the matter— to present a draft resolution as soon as possible.
In yesterday’s session, 10 of the 11 ministers expressed their legal determination that there is no evidence that Alejandra Cuevas and her mother were guilty by omission ─as prosecutor Gertz Manero accuses─ of the death of Federico Gertz.
However, by a majority of 10 votes of the ministers, the plenary session of the Court rejected the project presented by the minister Alberto Perez Dayanwhich sought to grant an amparo to Cuevas, but only so that a judge would issue a new resolution in which he could confirm or not the order of formal imprisonment against him.
Therefore, the full court agreed to turn the matter over to a new magistrate, so that a thorough study of the case is carried out, the evidence is assessed, and a new resolution is issued that could have as its purpose the release of Alejandra Cuevas.
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