The Barcelona Provincial Prosecutor’s Office has just filed a brief in the investigating court 15 of Barcelona to opposeThe appeal presented by the defense of Dani Alves, who requested the end of preventive detention. The prosecutor understands that the reasons for which his provisional confinement on January 20 was agreed have not changed: the flight risk persists and, consequently, the public ministry requests that the former FC Barcelona player continue in your Brians 2 cell.Christopher Martell, Alves’ lawyer, reasoned in his last resort that Alves has arguments to defend himself against the rape complaint filed against him by a 23-year-old girl, who declared that the former player sexually assaulted her in the bathroom of the Sutton nightclub in Barcelona during the night of December 30 to 31. Martell also remarked that Alves would not flee to Brazil if released before trial and asked that the precautionary prison be replaced by other measures such as the withdrawal of his passport. Martell presented the brief to get his client out of jail shortly after he testified, at his own request, for the second time in the Barcelona court.
In this second statement, Alves offered a fourth version of what happened in Sutton’s bathroom in which, for the first time, he admitted that there was indeed penetration – the DNA had confirmed this, as the victim had always maintained – although he stressed that this was consented.
The prosecutor, after listening to this second interrogation and reading the appeal filed by Martell, considers that the situation has not changed. The risk of flight prevails and, to guarantee that Alves is tried, it is appropriate to maintain the preventive detention that the judge ordered in its day and ratified, weeks later, the Barcelona Court.
the four versions
Alves has given four different versions of these events. The first three have been denied by the investigation of the Mossos d’Esquadra. In the fourth, offered on April 17 during his second statement, the footballer maintains that, after dancing with the victim at a VIP table in Sutton, he proposed to go to the bathroom to have sex, which she accepted and that what happened inside that tiny space without cameras was the following: he sat on the toilet, she knelt in front of him and gave him fellatio. After her, she sat on top of him and he entered her.
The woman’s version
The young woman, for her part, told the Mossos two days after the events and also in court, on January 20, that what happened that night was that she followed Alves not because he had proposed to have sexual relations but because he – from inside the private room and when she was still with her friends – began to make gestures insistently for her to go where he was. Finally she agreed to meet with Alves inside that space without cameras. She entered the private room and crossed, following Alves’s instructions, through a door without knowing where she was leading to. The victim stated that, upon discovering that it was a bathroom, she wanted to leave. But Alves stopped him, closing the door.
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Afterwards, according to her complaint, Alves sat on the toilet and he forcibly sat on top of her. She told him to stop and begged him to let her go. He said no. He threw her to the ground, grabbed her by the neck, slapped her and tried to make her give him a violent fellatio, which she refused. Then he picked her up, placed her against the sink, and finally, he placed her against the toilet and penetrated her until he ejaculated.
the clues
The victim’s version later coincided with the evidence collected by the Mossos: with Alves’ semen in an intravaginal sample, with the scratch on the knee that appears in the medical report and also with the location of the fingerprints that were found in bathroom. The scientific police counted seven prints of the victim in Sutton’s bathroom and none of Alves. The complainant’s footprints were on the sink, on the wall and in the toilet, according to the legal sources consulted by this newspaper.