the Morazán National Civil Police Station, where she remained confined until her transfer to the prison in San Miguel.149 74. On April 11, 2008, a death certification was issued for the newborn child recording that he had died from “asphyxiation due to obstruction of respiratory tract” on February 28, 2018, at 2 p.m. in the village of Las Mesas and that “he lived for two days.”150 75. On April 25, 2008, at the request of the prosecution, the Institute of Forensic Medicine performed a psychological appraisal of Manuela’s mental health, concluding that the presumed victim did not present symptoms “of a mental disorder or other physical or mental incapacity that [would] prevent her from understanding the unlawful nature of her acts.”151. 76. On June 5, 2008, a hearing to review the presumed victim’s pretrial detention was held before the Second Trial Court of San Francisco Gotera, Morazán, at which Manuela was represented by another defense counsel in substitution of the defense counsel assigned to her.152 On that occasion, the court considered that the circumstances that originated the adoption of the precautionary measure subsisted and, therefore, decided that the pretrial detention should continue.153 H. Manuela’s trial 77. The preliminary hearing was held at 9 a.m. on July 7, 2008.154 Thirty minutes before it began, Manuela’s defense counsel asked to be substituted, because he had another hearing in a different court.155 78. During the hearing, the Second Court of San Francisco Gotera issued an order to proceed to a trial and ratified the presumed victim’s pretrial detention, indicating that: The severity of the punishment she would face if found guilty during the trial could cause her to flee or to obstruct the collection of evidence if she were to be released. In the opinion of the undersigned, in this case deprivation of liberty is the only precautionary measure capable, necessary and sufficient to ensure the presence [of the defendant] at the trial and its results, and thus achieve the purpose of the criminal proceedings.156 79. The court indicated that it could be “determined that the defendant disposed of her youngest son by throwing him in the septic tank”157 and, therefore, it was possible “to reach Cf. Morazán National Civil Police Station. Communication addressed to the Second Trial Judge on March 7, 2008 (evidence file, folio 1870). 149 150 Cacaopera municipal town hall. Death certificate of April 11, 2008 (evidence file, folio 1000). Cf. Institute of Forensic Medicine. Protocol of psychological appraisal of Manuela on April 25, 2008 (evidence file, folio 105). 151 Cf. Acceptance of legal representation by the Second Trial Court on June 5, 2008 (evidence file, folio 107), and Record of hearing to review a precautionary measure of June 5, 2008 (evidence file, folio 109). 152 153 Cf. Record of hearing to review a precautionary measure of June 5, 2008 (evidence file, folio 110). Cf. Second Trial Court of San Francisco Gotera, Morazán. Record of hearing of July 7, 2008 (evidence file, folio 132). 154 Cf. Request of Manuela’s defense to the Second Trial Court of San Francisco de Gotera of July 7, 2008, asking that Manuela’s public defender be substituted (evidence file, folio 1939) and Communication issued by the Second Trial Court of San Francisco de Gotera at 8:30 a.m. on July 7, 2008 (evidence file, folio 1940). 155 156 141). 157 Cf. Second Trial Court of San Francisco Gotera, Morazán. Ruling of July 7, 2008 (evidence file, folios 140 and Cf. Second Trial Court of San Francisco Gotera, Morazán. Ruling of July 7, 2008 (evidence file, folio 137). 26