The 21st Investigating Judge of Madrid has issued the order to open the oral trial to place Jesús Pradales on the dock for the murder of Juan Canal, the resident of Ciudad Lineal who disappeared in 2003 and whose crime was solved 19 years later.
In an order, the magistrate dictates this opening of the trial with which the intermediate phase of the criminal procedure ends to pass the proceedings to the Provincial Court of Madrid for prosecution, Europa Press reports.
The resolution is issued after a preliminary hearing was held last week in which the prosecutor and the private prosecution, carried out by the lawyer Juan Manuel Medina, requested to carry out said procedural procedure prior to the oral hearing. The defense requested the dismissal of the case because it considered that the procedural deadlines in the investigation had been breached.
For this reason, the lawyer requests the annulment of the proceedings agreed upon after November 23, 2020, which includes his arrest and his statement before the judge.
In October 2022, Jesús Pradales told the judge that the victim threatened to stab him with a knife and blame him during an argument in which he died accidentally after hitting her to avoid an attack.
The crime was then solved after his bones were located on a farm in Ávila, which led investigators to Jesús’ arrest in October. The remains appeared in May 2019 but the family was not informed of this discovery until June 2022.
After his arrest, a judge from Ávila agreed to place him in provisional prison, but recused himself in favor of the Madrid courts when he understood that the alleged criminal acts took place in the judicial district of the capital.
In the order opening the trial, the judge states that based on the facts that have been the subject of the accusation, it is estimated that the prosecution of the events that occurred in the early hours of February 22, 2003, when Jesús began an argument with Juana Canal, is appropriate. .
“At one point, with the intention of causing her death, or at least, being aware that his action could cause such a result, he hit her hard on the neck, causing her to fall and die as a result. When Jesus found out that his partner was dead, he dismembered her body and moved it to Navarredondilla (Avila), where he buried her and her skeletal remains were found on April 18, 2019,” the resolution states.
In his qualifications, the prosecutor requests 15 years in prison for a crime of homicide with the aggravating circumstance of kinship. The victim’s family, through lawyer Juan Manuel Medina, requests the same prison sentence as the prosecutor but adds the aggravating circumstance of gender.
Faced with this, the lawyer of the investigated person considers that his client’s account of the events does not reveal the commission by Jesús Pradales of the crime of homicide for which the accusation is made.
Thus, this party understands that there is no criminal activity on his part and therefore it is not appropriate to set any penalty. However, in a subsidiary manner it requests that the mitigating circumstances of confession and undue delay be assessed in the homicide.
Within the brief, the lawyer is interested in the nullity of the proceedings agreed upon after November 23, 2020. He argues that by order of September 26, 2019, it was agreed to declare the investigation of the case complex “setting the duration at eighteen months.” of processing the same, a period that will be computed from the date of the initiation order”, initiation order dated May 23, 2019.
“The lack of validity and nullity of the proceedings is unquestionable,” alleges the defense as a consequence of the fact that there was no resolution to extend the investigation period, which “imperatively entails the lack of validity and nullity of all proceedings agreed upon after “said date of November 23, 2020 on which the duration of the processing of the case ended.”
The defense’s account of the events differs completely from that of the accusations, which maintain that he killed her. According to his version, the accused and Juana Canal had an argument on the night of February 22 to 23, 2003 in their apartment on Bolmano Street in Madrid.
According to the defense, Juana Canal was “a consumer addicted to alcohol and pills and was undergoing depressive processes.” “As a consequence of said discussion, a patrol of the National Police went to the property, who after interviewing both of them, left the property upon understanding that neither their presence nor any action against either Jesús or Juana was necessary,” the letter states.
After said discussion, according to the defense, and “in response to Jesús Pradales’ intention to leave said home, Juana began to attack him and hit him with her hands and fists with the intention of preventing him from leaving the home, even burning him with a cigarette.” “.
Jesús Pradales tried to protect himself by putting his forearms on his face and head. During this situation, Jesús extended his right arm to repel and push Juana Canal away “with no intention of causing harm, much less death, to her with said action, Juana losing her stability as a consequence of the impact and her probable affected by the consumption of alcohol and pills, hitting his head violently when he lost stability, falling to the ground and dying instantly as a result of said fortuitous fatal impact.”
After realizing that Juana Canal had lost her life due to such a fortuitous and unfortunate action, and with the obvious fear that he would be accused of voluntarily and intentionally causing Juana’s death as the Police had previously been there as a result of the initial discussion, “He proceeded to hide the body of Juana Canal in the town of Navalacruz, without telling anyone what really happened.”
