29
104. Once summary proceedings had been concluded by the Second Criminal Trial
Court, the Supreme Court appointed the Third Criminal Sentencing Court to continue
hearing the proceeding.
105. This court opened criminal proceedings against Néstor Fonseca López,
National Police Force agent, Samuel Rocael Valdez Zúñiga, at that time former agent
of the same police force, and Rosa Trinidad Morales Pérez, and formulated charges
against them for five crimes of homicide.
106. The Joint Operations Center of the General Directorate of the National Police
Force advised the court that, agent Néstor Fonseca López had not been assigned any
duty by this service on June 25 and 26, 1990.
107. In the order calling for evidence, the Third Criminal Sentencing Court required
the following evidence to be collected, in response to the request of the Office of the
Attorney-General and the defense: statements of numerous witnesses and a “judicial
inspection with reconstruction of the facts” (capital letters in the original), and to this
end requested the presence of the defendants and the witnesses.
108. In the same order, the court refused to allow collection of the following
evidence that had been requested: personal identification of the three defendants
and preparation of authenticated reports on the shifts and schedules when Néstor
Valdez Zúñiga commenced and finished duty, and on whether he left the arm issued
to him in the armory when he went off duty.
109. Furthermore, the court kept silent on the Office of the Attorney-General’s
request that, in compliance with an “order requiring additional steps to be taken”, a
medico-dental identification of Néstor Fonseca López should be conducted.
110. The court subsequently rejected the Office of the Attorney-General’s request
that a new date should be set to conduct the “reconstruction of the facts”, already
required in the order calling for evidence, but not carried out; when rejecting this
request, the court stated that “if it was necessary, it [would] issue an order requiring
additional steps to be taken”.
111. In its final argument, the Office of the Attorney-General requested that a
verdict of guilty should be pronounced against the male defendants and that the
following measures should be taken under an “order requiring additional steps to be
taken”: a) medico-dental identification of the male defendants to determine if they
had the gold crowned tooth mentioned by some witnesses; b) personal identification
of Néstor Valdez Zúñiga by María Eugenia Rodríguez; and c) request for information
from the National Police Force about the arms that the male defendants carried and
if they carried them on June 25 and 26, 1990, also indicating whether they were “off
duty” and also if they had handed in their respective equipment.
112. In its judgment of December 26, 1991, the court established the following,
with regard to the testimonial evidence collected:
in the evaluation of evidence, the statements of MATILDE REYNA MORALES, GARCIA,
ANA MARIA CONTRERAS and ROSA CARLOTA SANDOVAL are not taken into
consideration because as the mothers of ANSTRAUM AMAN VILLAGRAN MORALES,
HENRY GIOVANNI CONTRERAS and JULIO ROBERTO CAAL SANDOVAL, respectively, they
are subject to total disqualification.