26
B) Net weight of the sample: 1.5 grams[; w]hite powder: positive [for] cocaine 94.7%
purity[; w]hite stone: positive [for] cocaine 95% purity[;c]onclusion: according to the
amount seized in the official letter [.]
2 kilograms, the evidence is considered for trafficking.
43
Note: the evidence was destroyed during the analysis.
54(23) On June 19, 1997 the Sectional Court of First Instance of Tela ordered that the
process be forwarded to full trial, informing the parties so that the accusation could be
formalized and the defendants could reply to the charges presented against them,
respectively, within the terms of law. On July 25, 1997 the same court declared the
partial nullity of the mentioned order, since in the process some of the evidence
requested in a timely manner by the parties was not practiced.44
54(24) On August 4, 1997 Mr. Alfredo López Álvarez requested before the Sectional
Court of First Instance of Tela the reversal of the order of preventive detention issued
on May 2, 1997 (supra para. 54(20)). On August 7, 1997 the referred Court considered
the request presented by the alleged victim inadmissible, since the commitment order
was considered according to law.45
54(25) On October 8, 1997 the Sectional Court of First Instance of Tela considered
preliminary informative stage concluded, opened the full trial and informed the parties
so that they could make the accusation formal and reply to the charges, whichever the
case.46
54(26) On April 6, 1998 the Sectional Court of First Instance of Tela declared the first
evidentiary period of ten days closed and the second evidentiary period of thirty days
to furnish the evidence proposed in a timely manner and in form by the parties
opened.47
54(27) On April 13, 1998, the Sectional Court of First Instance of Tela, given the fact
“the [a]mount, [q]uality, and [p]urity of the drug seized from the [d]efendants LUIS
ÁNGEL ACOSTA [VARGAS], [SUNNY] LORETO CUBAS, AND ALFREDO LÓPEZ
[ÁLVAREZ]” had been proven in court records “and the corresponding reports and
expert assessments were duly established,” determined that the drug should proceed
to be destroyed. On April 28, 1998, date established for the destruction, when “the two
kilos of cocaine[,] evidence of the present cause, were being incinerated, the results of
43
Cf. opinion issued by the Office of the Public Prosecutor and signed by Messrs. Darlan W.
Membreño, toxicologist, and Francisco J. Herrera A., regional director of Forensic Medicine, on May 14, 1997
(dossier of appendixes to the response to the petition, volume I, folio 161).
44
Cf. court order to move on from the preliminary proceedings to the full trial ordered by the
Sectional Court of First Instance of Tela on June 19, 1997 (dossier of appendixes to the response to the
petition, volume I, folio 207); request to annul the actions presented by Mr. José Luis Mejía Herrera on July
23, 1997 (dossier of appendixes to the response to the petition, volume I, folio 212), and ruling of partial
nullity ordered by the Sectional Court of First Instance of Tela on July 25, 1997 (dossier of appendixes to the
response to the petition, volume I, folio 213).
45
Cf. appeal for annulment presented by Mr. Alfredo López-Álvarez before the Sectional Court of First
Instance of Tela on August 4, 1997 (dossier of appendixes to the response to the petition, volume I, folio
246), and ruling issued by the Sectional Court of First Instance of Tela on August 7, 1997 (dossier of
appendixes to the response to the petition, volume I, folio 248).
46
Cf. ruling issued by the Sectional Court of First Instance of Tela on October 8, 1997 (dossier of
appendixes to the response to the petition, volume I, folio 259).
47
Cf. ruling issued by the Sectional Court of First Instance of Tela on April 6, 1998 (dossier of
appendixes to the response to the petition, volume I, folio 306).
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