New movement in the ‘Dani Alves case’. The player’s defense has presented resource to the judge’s decision to keep the footballer accused of the alleged sexual assault of a 23-year-old girl in prison in the bathroom of a private room at the Sutton nightclub, in the Catalan capital, on the night of December 30. The judge considered that Alves has offered “several statements and in each of them he has given a different version” and that in the last he had “no choice” to admit that he had had consensual sex because the traces of semen found in the vagina of the victim were his. The togada also appreciated flight risk and that, therefore, “there are no sufficient reasons to modify” his provisional imprisonment.
In their appeal, the player’s lawyers, Cristóbal Martell and Arnau Xumetrahave asked the Court to leave it in provisional releasearguing that it is “unthinkable” for him to try to flee, since he has a “life project” in Barcelona and has already schooled their children in a city center.
The defense of the Brazilian international maintains that the flight risk is “non-existent” given that the evidence in the case provides a “solid perspective and muscle” for the defense: “Dani Alves can and wants to defend himself and will not evade the process,” the letter concludes.
In addition, for the lawyers, “the escape adventure” of the footballer is unthinkable because the flight would mean “an unbearable burden for the subject and an unnecessary disrespect for himself and for the family and children” that Alves “does not want to provoke”.
In order to avert the risk of flight, Alves’ lawyers emphasize that he has a “life project” in Barcelona, where he has always wanted his children to receive a university education, so has registered them in Spain, where his eldest son will study the last year of high school.
The appeal also refutes the arguments of the private prosecution, which argues that Alves’ flight risk has increased after his wife, the model Joana Sanz, announced last month through social networks her intention to separate from him after eight years of marriage.
With this objective, the lawyers have provided the Barcelona Court with a screenshot of the footballer’s judicial files, which does not contain any divorce petition filed by his wife.
question the victim
In addition to denying the risk of flight, the bulk of Alves’ appeal focuses on questioning the victim’s version in light of the images captured by the nightclub’s security cameras in the moments before the footballer and the complainant entered. in the bathroom where the rape allegedly occurred.
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The defense, which has provided the court with a report that analyzed the images, claims that this document is of “unquestionable” utility and justifies that it was prepared by a detective agency in the fact that “those professionals handle the precise computer programs” to zoom in, slow down, and speed up images without tampering.
They thus refute the arguments of the investigating judge, who discredited the analysis of the videos by stating that it was nothing more than a documentary evidence frombecause it had not been “neither commissioned by the court nor carried out by the scientific police”.