Elisa Polo, the death found at the dawn of a July 16, 2017, in the bedroom of his house in Chiclana de la Frontera (Cádiz). The first autopsy pointed to a natural death, but later reports raised doubts. A year and nine months later, last April, his adopted son ended up arrested, accused of having suffocated. The youngest was 14 years old at the time of the facts, 17 now. Data incriminaban were so “incomplete, confusing, contradictory, and/or simply non-accredited” that a judge has just left on freedom.
The sentence issued by Antonio Puerta, owner of the Juvenile Court number 1 of Cadiz, absolves the young after concluding that there was no evidence of weight to condemn the child, which during the process is welcomed to his right not to testify. The ruling, reported this Friday, and advance by the Journal of Cadiz, has alleged that the teen be released immediately. Since nine months ago he was arrested in Chiclana, has been in the juvenile detention centre of The Marchenilla, in Algeciras, accused of a crime of homicide for which the Prosecution asked for five years of internment, and three of probation. “The biggest clue is that the guy was in the apartment, there is more” sums up the lawyer, Javier García de la Vega, of the law firm Escalante, about a decision against which even an appeal.
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Elisa Polo, 51 years of age, he lived with his son in the villa of the number 14 of the street Vinegar since separated from her partner —the father of the boy— a year and a half before his death. After the separation, this is left to live in Fuengirola (Malaga). The morning of July 16, to see that Polo never went to her job as governess of the hotel RIU, two classmates came to his house, on one floor and located in a quiet area on the outskirts of Chiclana. The child told them that when we hear a knock on the door he was looking for his mother and found her unconscious, according to the verdict of the employees. Upon entering, the workers discovered the corpse of the woman on the floor, between his bedroom and the hallway, as he recalls the statement to which has had access THE COUNTRY.
The woman had a wound in the jaw and the marks of a slight groove in the neck. The first medical report preliminary determined that the mother, who suffered a cardiac injury prior, dies of a “acute edema of lung, whose fundamental cause is found in the study”. It was the beginning of the “contradictory and confusing future of the development of the performance of the forensic”, according to comes to ensure the judge Antonio Puerta in its judgment. That autopsy is followed by three studies suggest that the pulmonary edema had been caused by a “mechanical asphyxia”.
In the latest report, issued last October, six months after the arrest of the boy, mentioned a vase standing near the body of the victim. In this study it is indicated that the edge of this object could fit with the path that Polo had in the neck. However, the judgment holds that this hypothesis is “difficult to understand”, because that would imply that someone had been forced to kneel before him, and had exerted pressure in the throat, even suffocation, although the body had no defense wounds, marks of fingers on the neck or in the back of the head. In addition to that, in this process, the object has not been overturned and that the report did not provide explanations exact on the mechanism of choking. The judge concluded that “it is necessary to strive for evidential and argumentative greater” than what is determined, something that explains, citing the reasoning in up to seven sentences of other deaths by asphyxiation.
For when they are issued these new reports that point to a violent death, the house had already been desprecintada and could not look for new evidence. A year and nine months later, in April of 2019, the Civil Guard —in charge of the investigation— reopens the case due to the opinions of the examiners and called to declare to the young in quality of investigated. It is then when another of the tests that are confusing, citing the judge: researchers speak of a supposed confession of a minor in that this recognizes that struck the mother and left her unconscious as retaliation for a punishment.
however, the judge does not support this statement as evidence as it was conducted prior to the start of the formal statement, “without the presence of their legal representative and to counsel to assist him”. In addition, Door censorship “generic” declarations of the agent psychologist who was present. And the ruling goes further: “The activity of probation, obtain, practice and outcome and interpretation of the same is forced, seems that everything must rest in a statement autoinculpatoria, which finally reveals itself as a spot”.
With the conjunction of forensic reports to be inaccurate, a confession that does not give validity, and the absence of more evidence, the judge has finished decreeing the free acquittal of a young man, just in the same day on which it met to the maximum of nine months that could be temporarily in a detention center. Also exempt your father —as guardian and responsible— to pay compensation of 200,000 euros that were requested by the private prosecution, brought by two brothers of his mother. Now, pending if the district Attorney’s office or these family resort, father and son only aspire to recover a sense of normality that was shattered in a villa on the outskirts of Chiclana it is now two and a half years.
“Just want to turn the page”
Elisa Polo her son filled her with happiness. Coworkers already recalled, in April of 2019, that he was “mad with him”. The woman, who was governess of the Riu hotel in the Novo Sancti Petri, Chiclana, joined the staff of the establishment from Lanzarote. There or in a previous residence had to manage the adoption of his child, as the Junta de Andalucía confirmed then that will not included data from the same. When the woman died, the guy moved to Fuengirola to live with his father, until he was called to testify and he ended up arrested in Chiclana. Now 17 years old, the young, behavior, withdrawn and quiet —as it also explains the sentence—, just want to “turn the page” along with his father, explains the defense attorney, Javier García de la Vega. “Doesn’t take away from anyone what has happened. First is left without a mother, then you say that it is by natural death, then that is a violent death, and finally he is put at a center. With 17 years has passed what surely we have not spent none”, remacha.
