Like a masterful and calculated move. This is how relatives of the Leal Hernández family have described the announcement that Yhonier Leal, the confessed murderer of the famous hairdresser, Mauricio Leal and his mother, seeks to undergo a psychiatric examination.
Twenty-three days after confessing to being the murderer of his brother, Mauricio Leal, and his mother, Marleny Hernández, Yhonier Leal and his new defense resorted to a judicial move that could turn the case around and turn it backwards. the pre-agreement reached with the Prosecutor’s Office.
Request for a psychiatric examination for Yhonier Leal.
Following the resignation of Érika Sanguinneti -who was Mauricio Leal’s lawyer- from Yhonier’s defense, the State granted her a court-appointed attorney . And with just five days in the case, he has already filed his first action before Legal Medicine and the Ombudsman’s Office.
EL TIEMPO exclusively obtained the document that the lawyer Daniel Peña, Yhonier’s defense attorney, filed to seek the immunity of his client. In it, he requests a psychological and psychiatric opinion for the stylist who also remains in a cell of the Prosecutor’s Office bunker.
“The aim is to establish the user’s incompetence at the time of executing the typical and unlawful conduct does not have the capacity to understand its illegality or to determine itself according to that understanding, due to psychological immaturity, mental disorder, socio-cultural diversity or similar states,” the document reads.
(Also read: The threatening audio from the prison of Mauricio Leal’s brother)
And in conversation with this newspaper, lawyer Peña said that he hopes that both Legal Medicine and the Ombudsman define between 15 days and a month, if they agree to the procedure being carried out.
“It is to be able to determine if professionals, experts, could say if it seems, or if it is possible or probable that at the moment of allegedly perform an act of such nature did so under a mental disorder”, and explained the lawyer.
Once he learned about this request, Élmer Montaña, attorney for Mauricio Leal’s aunts, declared victims in the process, stated that Yhonier is launching a hook with which he seeks to reverse the pre-agreement reached with the Prosecutor’s Office last Friday and which is awaiting the approval of a judge.
“If any forensic psychiatrist gives a diagnosis with which they can claim non-imputability, if that happens, what they would do is back out of the pre-agreement and go to court to allege that they were not aware of what they were doing, and in in that sense, to achieve that instead of a prison sentence, they give him a security measure,” explained Montaña.
This security measure could be house arrest or being confined in a psychiatric clinic.
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And although Jhonier still retains his hereditary vocation Aria, the defense of the aunts believes that this move is to not lose rights over the fortune of the celebrity stylist, valued at more than 5,500 million pesos. Once he is convicted, he will be disinherited.
“This is driven by the desperation of knowing that he is not going to inherit anything from his brother or his mother,” the lawyer specified.
While the feasibility of carrying out a psychiatric test on Jhonier is defined, the dispute over the inheritance remains firm. And although the lawyer Érika Sanguinneti renounced the defense of the confessed murderer, she continues to be the representative of her brother, Carlos García, who remains in the maximum security prison in Jamundí (Valle).
(Read all the stories from the EL TIEMPO Investigative Unit here)
As EL TIEMPO revealed on February 4, Mauricio’s half-brother, who is a victim in the process for twice homicide, he would be pressing so that his mother’s sisters do not receive part of the inheritance.
“That you are asking for compensation for victims and that Jhonier is going to give a large sum of money that is 200 million pesos (…) that hp lawyer you have is doing that, then I am going to take corrective action, my lawyer is going to take charge of those things, because I didn’t like those queer ***”, Carlos told his aunts in a voice note. One of the famous, some of those close to Carlos state that he has been relegated from the investigation into the double murder and from the process to claim Mauricio’s assets.