and J.P.N. as the alleged perpetrators of the murder of Gabriel Sales Pimenta. 78 Subsequently, in a September 8, 1982, report, he added C.O.S. to the list of individuals accused. 79 B.5. Criminal proceedings through December 10, 1998 58. On August 19, 1983, the Public Prosecutor's Office charged M.C.N., J.P.N., and C.O.S. with the crime of murder 80 before the judge of law in the Judicial District of Marabá. The accusation was admitted on August 23, 1983. 81 The hearing set for December 27, 1983, did not take place, as neither M.C.N. nor C.O.S. had been located to be served notice. 82 It was therefore rescheduled and took place on April 27, 1984. 83 Of the three defendants, only J.P.N. appeared for the proceedings. 84 On June 20, 1984, pretrial detention was ordered for M.C.N. and C.O.S. 85 because the police investigation had concluded M.C.N. was a conspirator and C.O.S. the perpetrator, and the two had still not been located. 86 59. A hearing was subsequently set for August 24, 1984, to question M.C.N., but he failed to appear. The hearing was rescheduled at least four times with the same result 87—M.C.N. failing to appear. 88 that Edson Rodrigues Guimarães and Neuzila Cerqueira Guimarães, who were with Gabriel Sales Pimenta at the time of his death, remained in hiding out of fear of being killed. The eyewitness in the case, Luzia Batista da Silva, said that after the events, she was afraid to tell about what she had seen. Cf. Article from the newspaper A Província do Pará, titled “Pistoleiro esteve na casa do campesino no domingo pela manhã” (no date) (evidence file, folio 2290); Cf. Article from the newspaper A Província do Pará titled “Suspeitos já estão no xadrez” supra (evidence file, folio 2292); and Cf. Record of new questioning of Luzia Batista da Silva from June 13, 1983 (evidence file, folio 2278). 78 Cf. Request for pretrial detention signed by the Commissioner of the Crimes against Persons Division on July 22, 1982 (evidence file, folio 2214). 79 Cf. Report issued by the police superintendent, supra (evidence file, folio 2267). Provided for in Article 121, second paragraph, item IV, of the Brazilian Criminal Code. Available in Portuguese at: http://www.planalto.gov.br/ccivil_03/decreto-lei/del2848compilado.htm. 80 81 Cf. Accusation by the Public Prosecutor's Office on August 19, 1983 (evidence file, folios 2328–2329). 82 Cf. Certificate of the officer of the court from December 22, 1983 (evidence file, folio 2331). Cf. Document signed by the judge of law in the Judicial District of Marabá on April 27, 1984 (evidence file, folio 2334); and Service by publication document for M.C.N. and C.O.S. for the April 27, 1984, hearing (evidence file, folio 2340). 83 84 Cf. Documentation of classification and questioning of J.P.N. from April 27, 1984 (evidence file, folios 2337–2338). On July 4, 1984, C.O.S. appeared at the hearing and was questioned. He denied having participated in the murder and explained that he had failed to appear previously because he had not been notified. He stated he was available and did not intend to flee. He also provided his address. Accordingly, the judge of law in the Judicial District of Marabá reversed his order for pretrial detention, finding that it no longer had purpose. Cf. Documentation of classification and questioning of C.O.S. from July 4, 1984 (evidence file, folios 2342–2343) and Order issued by the judge of law in the Judicial District of Marabá on July 18, 1984 (evidence file, folio 2345). The judge of law in the Judicial District of Marabá stated for the record that C.O.S. “provided all the details of his whereabouts and address and stated he would be available [to the] Judge whenever his presence might be required.” Order issued by the judge of law in the Judicial District of Marabá on July 18, 1984 (evidence file, folio 2345). 85 86 Cf. Order for pretrial detention for M.C.N. and C.O.S. from June 20, 1984. (evidence file, folios 2318–2319). During this time, at least two clerks were removed from the trial: one because his daughter had married J.P.N. and one because he was the uncle of J.P.N.’s wife. Furthermore, J.P.N.’s attorney requested the removal of two registry notaries: one for being the uncle of J.P.N.’s wife and the other for being her cousin. Cf. Statement of clerk on March 13, 1986 (evidence file, folio 2372); Statement of clerk on March 17, 1986 (evidence file, folio 2374); and Letter signed by J.P.N.’s attorney on February 21, 1987 (evidence file, folio 2376). 87 88 On August 24, 1984, the judge scheduled the questioning for September 26, 1984. On November 22, 1984, the same judge issued an order to publish the notice for M.C.N. to appear at a hearing on January 23, 1985. On August 2, 1985, the judge set September 11, 1985, as another date for the questioning. Finally, on March 19, 1986, Judge Marta Ines Autunes Lima issued an order for the defendant to appear at a hearing on May 2, 1986. Cf. Orders issued on August 24 and November 22, 1984 (evidence file, folios 2348–2351) and Orders of August 5, 1985, and March 19, 1986 (evidence file, folios 2352– 2353). 18