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).
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