Judgment

Trial for the death of the baby in Portocristo: "They killed him: they threw him in the container and abandoned him"

The proceedings began with the formation of a new jury and, afterwards, with the reading of the written statements of the prosecution and defense.

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PalmThe jury trial for the death of the baby thrown into a container in Portocristo in 2023 began this Friday at the Provincial Court of the Balearic Islands. the formation of a new jury.

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The procedure has begun The trial will begin with the formation of a new jury and the reading of the prosecution and defense briefs. The first witnesses will testify next Monday, and the defendants will be questioned on Wednesday. The jury will receive the verdict form on Thursday to begin deliberations.

According to the trial

The first trial for these events took place at the end of October 2025, but before it concluded, it was annulled due to doubts surrounding the competence of an expert witness who testified at the request of the defendants' lawyers. The judge considered that the only evidence presented by the defense, this expert's report, which maintained that the baby died from an abortion, could not be considered valid, given that the Criminal Procedure Law requires that the person preparing the report hold an official qualification. Therefore, she determined that the trial could not continue, as the defense would be left without evidence and the principle of equality of arms would be violated, in addition to the right to a defense and effective judicial protection guaranteed by the Spanish Constitution. Life imprisonment with review

They will sit in the dock again the baby's mother and uncleThe prosecution is seeking life imprisonment with the possibility of parole for the two men, who are accused of murder. The mother's sister-in-law is also accused and faces a fine of €5,400 for allegedly failing to provide assistance.

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The events, as outlined by the prosecutor in her indictment, occurred on November 3, 2023, when the woman, 26 or 27 weeks pregnant, became involved in the incident inside a vehicle in which she was traveling with the other two defendants. After giving birth, and despite being in the vicinity of a hospital, the baby's mother She handed the newborn's body to the man so he could throw it in a nearby dumpster, and they fled the scene.

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First sessions in October

The public prosecutor, during the first session of the later annulled hearing, argued that the baby "was born alive and arrived warm at the hospital," where she was taken after being found in the container. "The baby was killed because They threw her in the dumpster and abandoned her."," he said in his initial report.

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The mother's defense attorney, for his part, admitted that what the woman did was "a barbaric act," but that "she is not a murderer." The attorney defending the baby's uncle argued that the man did not know that his sister-in-law was in his care. "He could never have imagined that he had deposited a human fetus," she asserted. "It would have arrived without signs of life."