2003,133 arguing that "this Division must analyze grounds for annulment […] with respect [to] the trial [of] Wilberth Ochoa [and the incidental motion filed] refers to the accused Iván Argüello, Peter Martínez, Peter Tsokos and María Luisa Acosta Castellón […] regarding whom judgment [was already handed down] in […] a Judgment of May 13, 2002.” 134 Faced with that decision, on October 31, 2003, María Luisa Acosta filed a cassation appeal (casación) to the Supreme Court, 135which was declared unfounded on April 18, 2005.136 65. In a judgment handed down on April 21, 2004, the District Civil and Criminal Court sentenced Iván Argüello and Wilberth Ochoa to 20 years in prison for murdering Mr. García Valle137. On April 26, 2004, the judgment was appealed by Mrs. Acosta's representative on the grounds that the punishment should have been to 30 years in prison, not 20.138 66. On August 30, 2004, Iván Argüello was captured in Costa Rica. Until then, he had been convicted in absentia.139 In statements broadcast by Costa Rica's Canal 11, on August 31, 2004, Iván Argüello said “that it had been Peter Tsokos, who had sent him to the García Acosta household […] to commit the crime.140 67. On November 29, 2004, the Criminal Division of the Appeals Tribunal amended the prison sentence for Iván Argüello and Wilberth Ochoa, sentencing them to 23 years in prison instead of 20. It also refused the request to annul the dismissal of proceedings against Martínez and Tsokos, on the grounds that “said judgment was now final and had become res judicata."141 68. On December 22, 2004, Mrs. Acosta's representative filed a cassation appeal (casación) to the Criminal Division of the Supreme Court against the judgment of the Appeals Tribunal of November 29, 2004, arguing that it had made improper use of the res judicata rules and requesting annulment of all the proceedings 133 According to the petitioners, the irregularities include: the "illegal" declaration that the appeal against the interlocutory judgment dismissing proceedings against Peter Tsokos and Peter Martínez as extemporaneous; b) failure to process the incidental otion for recusal filed by the plaintiff; and c) in general,, failure to process the various incidental motions filed.. 134 Appendix 124. Judgment of the Atlántico Sur, District Appeals Tribunal, Bluefields Criminal Division, September 23, 2003. Trial court file, folios 442 -447. Appendix to the petitioners’ communication of July 13, 2007. 135 Appendix 125. Filing of the Extraordinary Appeal for Annulment, October 31, 2003. Case File No. 1176-2003 on the Extraordinary Appeal for Annulment, to the Supreme Court, folios 1 to 19. Appendix to the petitioners’ communication of July 13, 2007. 136 Appendix 126. Judgment No. 11 of the Criminal Division of the Supreme Court of Justice, April 18, 2005, Case file No. 11762003 on the Extraordinary Appeal for Annulment, to the Supreme Court, folios 39 and 40. Appendix to the petitioners’ communication of July 13, 2007. 137 Appendix 127. Sentencing Resolution of the District Civil and Criminal for the In, by operation of law Court, April 22, 2004. Trial court file, folios 492 to 501, Appendix to the petitioners’ communication of July 13, 2007. 138 Appendix 128. Appeal filed by Mrs.. Acosta's representative of he District Civil and Criminal Court of the In by operation of law Judge. Trial court file, folio 503 Appendix to the petitioners’ communication of July 13, 2007. For its part, defense council asked for a shorter sentence than that handed down by the judge. Appendix 129. Appeal filed by the representative of Wilberth Ochoa to the aforementioned judge, April 27, 2002. Trial court file, folio 507 Appendix to the petitioners’ communication of July 13, 2007. 139 His capture was extensively covered by the media. “Prófugo por homicidio. Capturan nicaragüense”, Sucesos, El Nuevo Diario; “Capturan Prófugo”, Sucesos, El Nuevo Diario, September 1, 2004. “Capturan a asesino del presidente de Cámara de Comercio de Bluefields”, La Prensa, September 1, 2004. “Asesino rumbo a Bluefields”, Sucesos,September 6, 2004. Appendix 130. Press reports. Case File No. 2019-2004 on the Appeal for Annulment, to the Supreme Court , foliios 91, 92, 93 and 97. Appendix to the petitioners’ communication of July 13, 2007. 140 “Asesino de García ya está en Bluefields”, El Nuevo Diario, September 6, 2004. “Asesino menciona a Tsokos en declaraciones a Canal 11 de Costa Rica comprometen a griego vende cayos” Hoy, September 2, 2004. Appendix 131. Press reports. Case File No. 20192004 on the Appeal for Annulment, to the Supreme Court , folio 95. Appendix to the petitioners’ communication of July 13, 2007. 141 Appendix 132. Judgment of the Criminal Division of the Bluefields Appeals Tribunal, Atlántico Sur district, November 29 2004. Appendix to the petitioners’ communication of April 8, 2014.