38
officials and José Nelson Rojas González, the building’s guard, who acted as a
witness, and Lori Berenson, who did not have the advice of her lawyer, attended the
search.70
88(19) The record of the domicile search of December 4, 1995, indicates, inter alia,
that documents, cash, bills for the purchase of goods and services, rental contracts
of the raided building, electrical appliances, home furnishings and “two uniforms [...]
apparently from the Peruvian Army [...] wrapped up in a black bag” were found.71 At
the time, Lori Berenson refused to sign the search record, “because it contained
Articles that [did] not belong to her, such as the torn-up documents [and] the
uniforms with accessories.”72
88(20) On December 9, 1995, Lori Berenson made a pre-trial “declaration” in the
DINCOTE offices, in the presence of the Peruvian National Police (PNP) attorney, the
secret Special Military Prosecutor and her defense lawyer.73
88(21) On December 14 and 16, 1995, Lori Berenson made a “pre-trial statement”
in the DINCOTE offices in the presence of the Army’s Special Military Judge and her
defense lawyer.74 In this statement, when referring, inter alia, to the record of the
house search of December 4, 1995 (supra para. 88(19)), the alleged victim clarified
that “the keys [and] the exact address of the [building located on Calle La Técnica]
had been in the possession of D[INCOTE] since 8 p.m. on Thursday, November 30,
[de 1995].”75 Regarding the Voter’s Identity Card found in the building on Avenida
Alameda del Corregidor (supra para. 88(17)), the alleged victim affirmed that she
did not know why her photograph was “stuck in this forged identity card,” and did
not know where it had been found.76
88(22) On December 15, 1995, a reconstruction procedure in the building located
on Avenida Alameda del Corregidor, in the presence of members of DINCOTE, the
Special Military Judge, the Special Military Prosecutor, the court clerk, Pacífico Abdiel
70
Cf. record of domicile search of the building located on Calle La Técnica that appears in file No.
032-TP-95 prepared by the Peruvian National Police on December 4, 1995 (file of probative evidence
provided by the State, tome 2, folios 4350 to 4354); and testimonial statement made by Lori Berenson
before notary public on March 30, 2004 (affidavits and comments file, folio 9813).
71
Cf. record of domicile search of the building located in Calle La Técnica that appears in file No.
032-TP-95 prepared by the Peruvian National Police on December 4, 1995 (file of probative evidence
provided by the State, tome 2, folios 4350 to 4354).
72
Cf. police investigation report No. 140–DIVICOTE II–DINCOTE of December 27, 1995 (file of
appendixes to the application, tome 3, folio 1057; file of probative evidence provided by the State, tome
2, folios 4235); and statement with instructions made by Lori Berenson before DINCOTE on December 9,
1995 (file of probative evidence provided by the State, tome 2, folio 4529).
73
Cf. statement with instructions made by Lori Berenson before DINCOTE on December 9, 1995
(file of probative evidence provided by the State, tome 2, folio 4529 to 4543).
74
Cf. pre-trial statement made by Lori Berenson in the military jurisdiction on December 14, 1995
(file of probative evidence provided by the State, tome 2, folio 4059 to 4063).
75
Cf. pre-trial statement made by Lori Berenson in the military jurisdiction on December 16, 1995
(file of probative evidence provided by the State, tome 2, folio 4064 to 4075).
76
Cf. pre-trial statement made by Lori Berenson in the military jurisdiction on December 16, 1995
(file of probative evidence provided by the State, tome 2, folio 4064 to 4075).
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