the Prosecutor’s request to dismiss the case, because all the investigation measures had not been concluded. 134 108. On July 13, 2005, the Superior Prosecutor of the state of Aragua agreed to forward the case to another prosecutor of the Public Prosecution Service for the Transitory Procedural Regime to continue the investigation or to issue the corresponding order to close it. 135 109. From September 2005 to June 2006, the prosecutor made several requests in order to gather evidence, in particular the request for the logbook for December 29, 1996, of the San Carlos Police Station; the request for information on the weapons carried by the police agents investigated; an expert appraisal of the ballistics trajectory, and the expansion of the autopsy report. 136 110. On July 3, 2006, the prosecutor requested the exhumation of Eduardo Landaeta’s corpse in order to extract a bullet that had supposedly remained in his body. The exhumation was carried out on August 9, 2006, but the body did not contain the internal organs, which were presumably extracted in the funeral home for the viewing. Despite this, according to the testimony of one of the gravediggers, when they were throwing away the waste matter from the coffin, he found a bullet which he gave to Ignacio Landaeta on November 1, 2006. Mr. Landaeta Muñoz handed the bullet over to the prosecutor so that he could forward it to the Criminalistics Department of the Aragua State Delegation, for forensic and hematological testing. However, it was not possible to obtain the required evidence because there were residues of cement on the bullet. 137 111. On April 18, 2008, the prosecutor requested that a hearing be held to reconstruct the incident, and this was held on June 4, 2008, with the participation of a judge, two prosecutors, the three accused, the private defense counsel, Ignacio Landaeta and a secretary. 138 112. On December 15, 2008, the prosecutor brought charges against police agents FABP, CARM and CARA for the crime of complicity to commit aggravated first degree murder. According to the prosecutor, the accused had simulated that they had been intercepted while they were transferring Eduardo Landaeta. 139 113. On May 4, 2009, the court established the date of June 15, 2009, for the opening of the oral public trial. 140 However, since it was postponed and rescheduled 12 times, 141 the trial began on January 31, 2011. 142 134 Cf. Decision of the First Instance Court of November 9, 2004 (annexes to the answering brief, folios 7706 and 7707). 135 Cf. Decision of the Superior Prosecutor of the state of Aragua of July 13, 2005 (annexes to the answering brief, folios 7758 and 7786). 136 Cf. Note of the prosecutor of November 21, 2005 (annexes to the answering brief, folio 7805); Note November 21, 2005 (annexes to the answering brief, folio 7807); Note of the prosecutor of April 29, 2006 (annexes to the answering brief, folio 7825), and Note of the prosecutor of April 29, 2006 (annexes to the answering brief, folio 7826). 137 Cf. Exhumation request of July 3, 2006 (annexes to the answering brief, folio 7861 and 7832); exhumation record of August 9, 2006 (annexes to the answering brief, folio 7877); Testimony of Jesús Delfín Martínez of December 12, 2006 (annexes to the answering brief, folio 7926), and brief of Ignacio Landaeta of November 1, 2006 (annexes to the answering brief, folio 7921), note of the prosecutor of November 2, 2006 (annexes to the answering brief, folio 7923), and report of May 17, 2007 (annexes to the answering brief, folio 7974 and 7975). 138 Cf. Note 05FT-0188-08 of April 18, 2005 (annexes to the answering brief, folio 8017 and 8020), and record of reconstruction of the incident of June 4, 2008 (annexes to the answering brief, folio 8061). 139 Cf. Indictment of the Prosecutor of December 15, 2008 (annexes to the answering brief, folios 8097 and 8128). 140 Cf. Order of May 4, 2009 (annexes to the answering brief, folio 8206). 28

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