The Federal Chamber B of Rosario revoked the previous resolution and ordered the detention of the three defendants, who are members of the narcocriminal gang "Los Monos." Following this decision, the defense filed a cassation appeal arguing that this measure violated several principles, such as the presumption of innocence, the right to freedom of movement, and equality before the law.
Judge Mariano Borinsky declared the appeal inadmissible, while his colleague Javier Carabajo stated that the Rosario Chamber had correctly assessed the case and that pretrial detention was necessary for the judicial process. In light of this situation, the defense decided to bring the matter to the Supreme Court of Justice.
Ultimately, the Supreme Court dismissed the filing as inadmissible with the votes of judges Horacio Rosatti, Carlos Rosenkrantz, and Ricardo Lorenzetti. However, Chamber IV of the Federal Chamber of Cassation Penal rejected the defense's request by majority.
Judge Ángela Ledesma was the only one who voted in favor of the defense's request, arguing that the accused had fixed addresses, family support, and had complied with behavioral rules. Despite this, the Supreme Court of Justice of the Nation upheld the decision that Cristian Ariel Vecino, Yamir Capporosi, and María Elisa Ortiz remain detained for the aggravated crime of drug trafficking.
In September 2020, the Federal Court of Venado Tuerto indicted the three defendants for their participation in the mentioned criminal gang. At that time, the court granted the release of Vecino and Capporosi, but the Public Prosecutor's Office appealed this measure, leading to the current situation.
