submitted the “viscera laboratory” results, which found "gunpowder test: skin of right hand; negative;
pesticides test: organochlorines, positive”; “alcohol test: positive: 0.24%.”69
87.
On March 3, 1993, the Judge of the Second National Police District began his examination of
the case and ordered the initiation of "legal action" against Police Corporal First-Class Edgar Gonzalo Vargas
Trujillo, Police Corporal First-Class Lizardo Pilco Taipe, Police Corporal Second-Class Luis Humberto Lema
Cajas and National Policeman Luis Hernán Moposita Estrella. He also extended the scope of the preliminary
inquiry and charged Police Second Lieutenants Hernán Cabezas Gallegos and Luis Piedra Meza, and National
Policemen Segundo Márquez, Homero Bermeo, and Guillermo Páez. 70 In keeping with that ruling, Mrs.
Patricia Alexandra Trujillo Esparza recognized a desistance communication “in keeping with the
interlocutory order of February 1 of this year.” 71 According to a written communication from the Police
Justice Lieutenant, the desistance communication was in relation to Police Captain Patricio Ramírez. 72
88.
In July 19, 1993, a written communication from Mrs. Patricia Trujillo was presented to the
Second National Police District Court in which she desisted from the private indictment against Messrs.
Hernán Cabezas Gallegos and Luis Vicente Piedra Meza “and undertook to neither move forward or pursue
this trial, much less bring a claim for possible damages.” In that communication she stated, "I will recognize
the signature and initials affixed to this communication.” 73
89.
On August 13, 1993, the secretary of the court noted for the record that by an interlocutory
order of August 5, 1993, Mrs. Patricia Trujillo Esparza was ordered to come before the court on Wednesday,
11th, to recognize her signature and initials on the communication desisting from the private indictment;
however, she failed to appear.74
90.
On September 1, 1993, Mrs. Patricia Trujillo Esparza said that although the other party had
summoned her to appear to recognize her signature and initials even with the assistance of the police, she
said that said summons "was inadmissible since desistance is a free and voluntary act that is finalized with
the acknowledgment of the signature and initials.” According to her, "without recognition of said signature
and initials the aforesaid supposed desistance is rendered void,” which was why she was again insisting on
her private indictment.75
91.
On September 2, 1993, Mrs. Patricia Trujillo Esparza presented to the Second National Police
District Court a brief in which she stated that she was "freely and voluntarily" desisting from her indictment
"against Second Lieutenant Hernán Cabezas Gallegos, Second Lieutenant Luis Piedra Meza, Capitán Patricio
Ramírez, and Policemen Segundo Márquez, Homero Bermeo, and Guillermo Páez.” 76
69 Appendix 35. Written communication of the National Police Commissioner of Ríobamba Canton regarding the laboratory
results of the viscera study. January 29, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on
February 14, 2011.
70 Appendix 36. Second National Police District Court. Ruling of March 3, 1993. Appendix to the State’s communication of
February 7, 2011, received at the IACHR on February 14, 2011.
71 Appendix 36. Second National Police District Court. Ruling of March 3, 1993. Appendix to the State’s communication of
February 7, 2011, received at the IACHR on February 14, 2011.
72 Appendix 37. Written communication O96-J-II-Dm from the Police Justice Lieutenant to the Second National Police District
Court, February 16, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.
73 Appendix 38. Desistance communication of Mrs. Patricia Alexandra Trujillo Esparza, January 19, 1993. Appendix to the
State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.
74 Appendix 39. Notice of the Secretary of the Second National Police Court, August 13, 1993. Appendix to the State’s
communication of February 7, 2011, received at the IACHR on February 14, 2011.
75 Appendix 40. Brief of Mrs. Patricia Alexandra Trujillo Esparza presented by her defense counsel on September 1, 1993 to the
Second National Police District Court. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14,
2011.
76 Appendix 41. Desistance from the private indictment. September 2, 1993. Appendix 16 to the State’s communication of
February 7, 2011, received at the IACHR on February 14, 2011.