perpetrator or accomplice to the act of which she is accused (...) evidence collected thus far indicates that the newborn child was the accused’s (...) based on which her intent is established to hide and destroy the fetus, as she was perfectly able to hide the pregnancy without her relatives finding out.42 65. On March 3, 2008, the Forensic Medical Institute sent the Second Trial Court the results of the autopsy conducted by forensic doctor Jaime Ranulfo Berrios, according to which the child was born alive.43 66. On April 11, a death certificate was issued for the baby indicating he died from “asphyxiation due to airway blockage” on February 28, 2018, at 2 p.m. in the canton of Cantón Estancia Caserío Las Mesas and that he lived for two days.44 67. The Institute also conducted a psychological examination to assess the state of Manuela's mental health at the request of the Office of the Public Prosecutor. The examination concluded that the alleged victim was depressed, but did not suffer from an altered mental state or incapacity that would prevent her from understanding the illegal nature of her actions.45 68. On June 5, 2008, a hearing was held before the Second Trial Court of San Francisco Gotera, Morazán, to review the alleged victim’s pretrial detention, at which she was represented by another publiclyappointed defense attorney.46 At that time, the Second Trial Court of San Francisco Gotera, Morazán, concluded that the circumstances that led to the adoption of the precautionary measure persisted.47 3. Trial 69. On June 23, 2008, the prosecutor filed charges before the Second Judge and asked that Manuela's trial began. Reference was also made to the complaint that Manuela's father allegedly filed against her.48 70. On July 7, 2008, the Second Court of San Francisco Gotera ordered the trial begin and upheld the pretrial detention of the alleged victim, finding that: (...) the gravity of the punishment she would face should she be found guilty in the trial could cause her to flee or obstruct the investigation. In the judgment of the undersigned on this case, deprivation of liberty is the only effective, necessary, and sufficient precautionary measure that would ensure the accused appears at her trial and guarantee the trial’s results, thus fulfilling the aims of the criminal process.49 71. The judge indicated that the evidence of the commission of the crime included the complaint from Manuela's father, as well as the inspection of Manuela's mother's house, the medical examination of the newborn, the autopsy of the newborn, the examination of Manuela's genitals, the results of the DNA test of the Annex 18. Criminal case file TS066/2008. Decision to grant the preliminary formal investigation and pretrial detention of the Cacaopera Justice of the Peace of March 3, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 41.1. 43 Annex 19. Criminal case file TS066/2008. Autopsy issued by the Forensic Medical Institute on March 3, 2008. Annex 2 to the initial petition of March 21, 2012, pgs. 82-83.1. 44 Annex 20. Criminal case file TS066/2008. Death certificate of April 11, 2008. Annex 2 to the initial petition of March 21, 2012, pgs. 99 and 99.1. 45 Annex 21. Criminal case file TS066/2008. Psychological examination of Manuela conducted by the Forensic Medical Institute on April 25, 2008. Annex 2 to the initial petition of March 21, 2012, pgs. 97 and 98. 46 Annex 22. Criminal case file TS066/2008. Acceptance of legal representation by the Second Trial Court of June 5, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 63. 47 Annex 23. Criminal case file TS066/2008. Record of the hearing to review the precautionary measure of June 5, 2008. Annex 2 to the initial petition of March 21, 2012, pg. 64.1. 48 Annex 24. Criminal case file TS066/2008. Charges of the Office of the Attorney General of the Republic of June 23, 2008. Annex 2 to the initial petition of March 21, 2012, pgs. 72 to 81. 49 Annex 25. Criminal case file TS066/2008. Resolution of the Second Trial Court of San Francisco Gotera, Morazán, of July 7, 2008. Annex 2 to the initial petition of March 21, 2012, pgs. 72 to 81. 42 11