Nieves Moreno Gallardo

[English] The Case MAG: An innocent sentenced to four years in prison.

I refuse to have one corner of this planet without knowing the injustice so great that is happening in Linares, Andalucía. So, I’m publishing a summary of which is happening to us since 2005, in Castilian, English, French, German and Italian.

In December 2005 my son, Miguel Angel García Moreno, was denounced by violence by an ex with whom he had ended their three years relationship for six months ago. My son already had a new relationship with a woman more mature than the previous one. Quickly after an oral hearing before a judge and no other evidence than the testimony of the complainant, Miguel Ángel received a communication from the court where Linares provided a measure of distance for three months to 150 meters.
In May 2006, but had already completed such a preventive measure, the ex again denounced by an event (which she knew would find him there) in a celebration with hundreds of local people. The pair then my son and he went there together, but the next day he was arrested and taken to a further oral Linares after spending the night in jail. Without other evidence, the extent of removal was extended to 500 meters, this time for an indefinite period.
The final trial was held in Jaén in September 2008. In October we received the sentence in which the judge Lucini, sentence against my son (on behalf of His Majesty the King) 4 years in prison, 20 years to 200 meters away from the complainant and 9000 euros to compensate her for liability. All this evidence only on the eight witnesses who explained below:
- Father and mother of the complainant: They can not mention even a single episode of abuse towards her daughter, only that the figures were very poor and increasingly distant from his friends. Which (I add) only four and three were living outside Linares. Normal does not deal with them.
- Brother of the complainant: This boy was the trigger for this. In December 2005, physically assaulted Miguel Ángel own causing broken bones of the nose among other injuries for which he was tried and sentenced to pay compensation to my son for 9000 euros. In retaliation, by washing the image of the young offender, and to justify its brutal aggression, his sister reported by Miguel Ángel violence raised earlier in December 2005, for alleged assault more than six months and one year before. In this trial, the brother said that Miguel Ángel threatened to kill his sister the night he assaulted.
- Psychology Municipal Center for Women and Psychology Unit of the Provincial Gender Violence: As everyone knows, both have the same speech to all the trials that are required, just attend a few and check , being the first that the judge knows it. In this case, indicated that the complainant has been subjected to violence, but without being able to refer or to demonstrate a single episode in particular.
- A computer friend of the complainant: His testimony was not taken into account when the decision but this man had the nerve to say in front of the judge that my son gave him 25 euros to enter into the complainant’s computer, when my son has qualifications in computing for over 10 years and he is perfectly capable of doing so.
- Another friend of the complainant who was with her in May 2006 when my son complained of breach of injunction restraining: He said that Miguel Ángel said that the complainant is a childish to anyone going to believe. "
- The best friend of the complainant: She confirmed the threat as stated by the brother.
As you can see, not a single witness of physical abuse and not a single share of injuries. In addition, all of the immediate environment of the complainant.
The defense presented only three witnesses:
- The girlfriend that my son had subsequently stated that the defendant is incapable of doing anything which he is accused. That at the meeting of May 2006 when the two of them marched the complainant appeared. And in a year and half by relationship with Miguel Ángel had not exerted on her not a single gesture that might involve abuse or family violence.
Then, almost at 15:00 in the afternoon, the judge Lucini told my lawyer that the two witnesses to testify that we were only allowed the passage of one of them. My lawyer requested that this refusal on record, going after the next witness.
- A psychologist: Based on several interviews with my son, said that this is not an unbalanced person, the defendant does not have the profile of an abuser nor celotípico.
I was going to testify that when I accompanied my son to the emergency department (after beating the brother of the complainant) that could not threaten her in any way, since I had been in a wheelchair, her eyes swollen and closed, half-unconscious and bleeding. But not allowing my statement, the judge will place a serious Miguel Ángel defencelessness and deprived him of the right of defense.
Finally, the Audiencia Provincial de Jaén has responded (again, on behalf of His Majesty the King) the use of our counsel confirming the ruling of the judge Lucini, just a lot of arguing and doctrine without making reference to the resource just mentioned, which evidence that this Provincial de Jaén are real experts copying doctrine by copy paste, but not even evaluate the resources received (as we have confirmed most of the lawyers from Linares) and playing with people’s lives.
For more details of the process are available on two Internet addresses:
· Spanish Original:
· Spanish Original: / Translation here.
· This blog automatically translated by Google > here.

Without anything else to add, since you Linares received a cordial greeting and my thanks for the time you’ve spent reading this article.
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