D.2
Investigations conducted by the Civil Police in relation to D.D.P.M., M.D.M.,
L.B.S. and A.G.A.M.
82.
On October 1, 1998, the Public Prosecutor’s Office advised the supervising judge in
charge of the investigations related to the involvement of D.D.P.M., L.B.S., A.G.A.M. and
M.D.M., in the homicide of Márcia Barbosa de Souza, of the need to extend the term of the
investigations to clarify individual aspects of the conduct of each suspect in relation to her
death and concealment of her body, as well as all the facts, and made a series of specific
requests.153 On the same day, the judge authorized the inquiries requested by the Prosecutor,
on the understanding that the required evidence was essential, and ordered the investigation
files to be sent to the police authority to comply with those procedures.154
83.
On December 14, 1998, the Prosecutor again requested that certain tests be conducted
by the police, which in his opinion had not been carried out, without specifying what these
would be.155 During 1999, there was no significant progress in the investigations, due mainly
to the substitution of three prosecutors in charge of the investigation, two of whom alleged
impediment for personal reasons.156
84.
On June 19, 2000, the forensic medical report requested by the Prosecutor in October
1998, was sent to the judge.157 On August 8, 2000, the Prosecutor asked the judge to order
the police authority to conclude the investigations.158 The judge complied with this request on
August 14 of that same year.159 On December 26, 2000, the new Commissioner of the police
station investigating the case requested an extension of the deadline for the completion of the
required investigative procedures and the preparation of the final report.160
85.
In the absence of news, on March of 2001, the Public Prosecutor’s Office again
requested that the police carry out certain procedures.161 On April 2, the Police Commissioner
The prosecutor requested the opinion of a forensic medical expert to determine whether the information
contained in the autopsy report would suggest that Marcia did not die by strangulation, but by asphyxiation caused
by an overdose, given some testimonies claiming that she was a drug addict. Also, in view of the possible contact
between the victim and the then deputy Aércio on the night of her death, he requested the list of vehicle entries and
exits on the date of the event from several motels, including the Trevo Motel. He also requested statements from the
owners and managers of the Trevo Motel, as well as the doorman and other employees who had worked in the early
hours on the day of Marcia’s death. In addition, he requested that handwriting tests be carried out on the notes found
in Márcia’s pockets and belongings, which recorded the telephone numbers used by Aércio Pereira de Lima and others
to clarify whether these notes had been written by Ms. Barbosa de Souza or by a third party. Cf. Written opinion of
the Public Prosecutor’s Office of October 1, 1998 (evidence file, folios 269 to 274).
154
Cf. Decision of the judge of October 1, 1998 (evidence file, folio 5478).
155
Cf. Statement of the Public Prosecutor’s Office of December 14, 1998 (evidence file, folios 254 and 255).
156
Cf. Statements of August 6 and September 20, 1999 (evidence file, folios 5546, 5554 and 5555).
157
Cf. Official letter Nº. 278/2000 of June 19, 2000 (evidence file, folios 5568 and 5569).
158
Cf. Statement of the Public Prosecutor’s Office of August 8, 2000 (evidence file, folio 256).
159
Cf. Decision of the Judge of August 14, 2000 (evidence file, folio 257).
160
Cf. Note of the Commissioner of December 26, 2000 (evidence file, folio 5575).
161
On this occasion, the Public Prosecutor’s Office asked the owner of the Trevo Motel to hand over the complete
list of vehicles that entered and left the Trevo Motel between June 17 and 18, 1998; that the person in charge of the
computer department of the motel be questioned so that he could report who had changed or not submitted the
complete list of vehicles previously requested, since the list that had been sent contained numbers that were strangely
below the average number of clients per day; the search for and return to the records of a cassette tape that had
disappeared; that the witness who had seen Márcia's body thrown from a car on the morning of June 18, 1998,
A.L.B., be heard again to ask him how many people were present in that vehicle; the cross-examination of D.M.,
owner of the car that was on loan to Deputy Aércio, to know the details of the return of the vehicle; further questioning
of M.D.M. to find out whether Aércio Pereira de Lima's advisor, "Carlos", had gone to wash the vehicle before returning
it or picking it up elsewhere; the cross-examination of C.A.O. to clarify the reasons that led him to omit M.D.M.'s
statement that he was in possession of the vehicle used in the disposal of Márcia's body; the questioning of the son
153
-26-