Henry Borel's father asks for mistrial of Monique Medeiros
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The father of the boy Henry Borel, Leniel Borel, filed an appeal this Monday (8) asking for the annulment of the trial that granted a judicial pardon to Monique Medeiros, the child's mother.
The father of the boy Henry Borel, Leniel Borel, filed an appeal this Monday (8) asking for the annulment of the trial that granted a judicial pardon to Monique Medeiros, the child's mother.
On June 4th, judge Elizabeth Louro, who presided over the trial, granted a judicial pardon to Monique Medeiros. The jury had decided to downgrade the charge from intentional homicide to manslaughter (when there is no intention to kill) and convict her of the crime of torture by omission.
Related news:
Henry Borel case: Justice condemns Jairinho and grants forgiveness to Monique.
When applying the judicial pardon, the judge justified that Monique has already suffered a severe enough punishment. The judge criticized society's “disproportionate reaction, classifying it as discriminatory and the result of a culture that demands that women be a perfect mother”. Monique was sentenced to 1 year and 4 months in detention for the crime of torture and as she was already serving preventive detention, the sentence was considered over.
Leniel Borel's defense argues that "the jurors had already recognized the materiality and authorship attributed to Monique, as well as rejecting the acquittal thesis presented by the defense."
"However, following the vote, they were submitted to new questions whose answers proved to be incompatible with the conclusions previously reached by the Sentencing Council itself, generating an internal contradiction in the verdict and compromising the correct interpretation of the sovereign will of the jurors", highlights lawyer Cristiano da Rocha Medina, who represents Leniel Borel.
According to the appeal, the judicial pardon "prevents the unequivocal identification of the real manifestation of the Sentencing Council". The defense requests a mistrial and a new jury.
According to the prosecutor, Fábio Vieira, who served on the jury, the Public Prosecutor's Office appealed the decision, "since, in a first question, Monique was considered responsible for Henry's intentional death. Therefore, we understand that she should also have been convicted of intentional homicide."
Jairinho's defense
Former councilor Jairo Souza Santos Júnior, Dr. Jairinho, was sentenced to 43 years, 9 months and 20 days in prison for the death of Henry Borel Medeiros, aged 4, which occurred on March 8, 2021.
Jairinho's defense also filed an appeal this Monday (8) against the conviction. Lawyers allege judge Elizabeth Machado Louro’s bias. According to lawyers, the issue has been raised since the beginning of the process and gained strength after criticism made by the Public Ministry and the prosecution assistance in relation to the judicial pardon for Monique Medeiros.
Lawyers claim that a possible new jury should take place without the alleged nullities highlighted throughout the process.
Monique's defense
The lawyers working in Monique's defense highlighted that “the Jury Court constitutes one of the most important constitutional guarantees of the Democratic Rule of Law, with the sovereignty of verdicts being a principle expressly guaranteed by the Constitution of the Republic of 1988”.
On a note, they assess that the trial was guided by the analysis of the evidence produced in the procedural instruction, within the rules that govern the popular jury procedure.
Throughout the entire process, Monique's defense maintained that "she did not commit any aggression against her son and that her biggest mistake was failing to realize, in time, the violence that she and her son suffered. Henry's death represents an irreparable tragedy for everyone involved in this case."
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