The investigation into the death of Diego Armando Maradona, who would have turned 65, is stalled after the nullification of the trial. The case in the Oral Court in Criminal Matters No. 3 of San Isidro was annulled due to unauthorized filming involving Judge Julieta Makintach, whose impeachment trial will begin on November 6.
The case of the Argentine star, who died on November 25, 2020, in the gated community of San Andrés in the Buenos Aires locality of Benavídez, has seen no progress since the emergence of the audiovisual project known as "Divine Justice," which was filmed at the courthouse on Ituzaingó 340.
The scandal broke out at the end of May when images emerged showing the magistrate driving to the location of the hearing, walking through the hallways, and even giving an interview in her office.
Julieta Makintach was recused from the trial, the proceedings were declared null, a criminal case was initiated, and on November 6, the impeachment trial will begin in the annex of the Buenos Aires Senate in La Plata to determine her removal from office.
Neurosurgeon and Diego's former personal physician, Leopoldo Luque; psychiatrist Agustina Cosachov; psychologist Carlos Díaz; clinical physician Pedro Pablo Di Spagna; Swiss Medical coordinator Nancy Edith Forlini; nurse Ricardo Omar Almirón and his boss, Mariano Perroni, are awaiting the resumption of the trial to determine their responsibility in the alleged simple eventual homicide of "Pelusa." The crime provides for sentences of 8 to 25 years in prison under Article 79 of the Penal Code.
Meanwhile, nurse Dahiana Gisela Madrid, who was a nursing assistant when she attended to Diego in Tigre, awaits a trial by jury.
Following the cancellation of the process, judges Roberto Gaig, Alberto Ortolani, and Alejandro Lago were selected. Lago recused himself due to health issues and was replaced by Pablo Rolón.
However, Julio Rivás and Francisco Oneto, Luque's defense attorneys, filed recusal motions against Gaig and Rolón, arguing they showed an "anticipated interest" in the case after attending the drawing for the new tribunal.
The judiciary rejected the recusal requests, and the attorneys appealed, but Ortolani, Marcela López Ramos, and Gonzalo Aquino again dismissed the appeal.
The judicial officials must determine the scope of the nullities, decide whether to grant Luque a trial by jury, and set a preliminary hearing (Article 338 of the Penal Code) to discuss evidentiary agreements.
Dalma, Gianinna, and Jana (three of "Diez's" daughters), Verónica Ojeda—Diego's ex-wife and mother of Dieguito Fernando—Maradona's sisters, forensic experts, and other witnesses will be called to testify again in the process.
In this context, the case into the death of the former Boca, Barcelona, Napoli, and Argentina national team player is stalled, and it is estimated that the trial will resume in 2025.
