31 i. Judicial proceeding before the Fourth Guatemalan Court of Appeal (Case No. 175-92) Chamber of the 117. Before the Fourth Chamber of the Court of Appeal, the Office of the Attorney General again requested that the evidence formalities requested before the Third Criminal Sentencing Court should be carried out, in compliance with the “[o]rder requiring additional steps to be taken”, and added the request that other formalities should be ordered: a) judicial inspection of the registry ledger of the Armory of the Fifth Nation Police Unit, in order to determine if it was altered on June 25 and 26, 1990, and also to establish who used the Taurus revolver mentioned previously, utilized in the murder of Anstraum Aman Villagrán Morales; b) demand that the National Police Force carry out a ballistic test on the bullet head found near the body of Jovito Josué Juárez Cifuentes in the San Nicolás Woods, in order to determine whether it belonged to the equipment issued to the defendant, Néstor Fonseca López; and c) “[r]econstruction of the facts, to be carried out on eighteenth street between fourth and fifth avenue of zone one”. 118. The Fourth Chamber of the Court of Appeal refused to issue the “Order requiring additional steps to be taken” requested by the Office of the AttorneyGeneral. 119. On March 25, 1992, the Fourth Chamber of the Court of Appeal confirmed the judgment of the Third Criminal Sentencing Court, repeating the criteria for the evaluation of evidence used on that opportunity, and it added the following considerations: [A]s the minor, María Eugenia Rodríguez, is a person who is directly affected, she is totally disqualified. [...] [The statements of various witnesses] suffer [from] lack of precision and contradictions, such as that of the minor Cóncaba Cisneros, in which he does not recall the date on which the facts occurred, and also those [… of] the minors Cámbara Cruz and Méndez Sánchez because the former asserts that the event occurred on Sunday, July twentysixth nineteen hundred and ninety, that is one month after Anstraum Aman Villagrán Morales had died, and the second, Méndez Sánchez, indicated that everything happened about a year ago, from October twenty-fifth nineteen ninety, which was the date on which he made his testimonial statement. In the testimonies of Julia Griselda Ramírez, Micaela Solís Ramírez and Rosa Angélica Vega, the lack of precision with regard to the date of the event and the identification of the perpetrators is also evident, which means that they are subject to total disqualification and not considered in the evaluation of the evidence. It should be noted that during the proceedings, it was fully demonstrated that the bullet found when inspecting the body of Anstraum Villagrán Morales, was fired by a Taurus, thirty-eight caliber revolver with registration number one million four hundred and eighty(-one) thousand one hundred and twenty-six, an arm that was part of the equipment of the defendant, Samuel Rocael Valdez Zúñiga, but this evidence does not confirm that the defendant, Valdez Zúñiga, was the person who fired the said gun, since, according to the report of the Deputy Head of the Fifth National Police Unit, former agent SAMUEL ROCAEL VALDEZ ZÚÑIGA, left the unit at eight hours to go off duty, returning the following day at the same time; […] this is insufficient to attribute responsibility to the defendant.

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