Dr. Eduardo Vela resorts to the sentence of the stolen babies that acquits him to clean his honor
Dr. Eduardo Vela, 85, has appealed to the Supreme Court the sentence that considers him responsible “incontestably” to steal a newborn in 1969 but at the same time acquits him for having prescribed the crimes, “for containing pronouncements that are harmful to him. “
In the letter, the defense of Dr. Vela recalls that although the decision of the Provincial Court of Madrid is acquittal, the court has found him guilty of the theft of Inés Madrigal as recorded in the account of proven facts.
In this way, the doctor advances in his writ the filing of an appeal of cassation before the Sala II of the Supreme Court against the proven facts and the grounds of law that declares him guilty of the crimes of illegal detention, presumption of childbirth committed by a doctor and falsehood in official document.
The circumstance arises that Vela’s appeal is added to that of Inés Madrigal and the Prosecutor’s Office , something that the accusations did not expect, as long as the doctor was acquitted, although they framed his appeal in the need to clear his name and honor. the responsibility attributed to him by the proven facts in the theft of the newborn, according to legal sources.
The lawyer argues that the gynecologist “is entitled” to appeal the cassation “despite having been acquitted by prescription” and “to contain the ruling pronouncements that are harmful.”
Waiting to know the arguments that the appeal will contain, justifies its presentation in a “violation of constitutional precept for violation of the right to the presumption of innocence” and in a “violation of Law” of Article 849 of the Criminal Procedure Law by understand that the Chamber “there has been an error in the assessment of the evidence”.
It refers to aspects of the complaint, the literal birth certificate of Inés Madrigal , the declaration of her adoptive mother Inés Pérez, the declaration of Eduardo Vela himself, the office of the National Institute of Toxicology and Forensic Sciences, the statements of six witnesses and the record of the oral trial.
The announcement of Vela’s appeal is dated on October 19, one day after the deadline to submit it began due to the fact that he had alleged health problems before the Audiencia de Madrid to avoid being notified of the sentence – which was made public on October 8 – which caused delays in the cause.
Until last Thursday, the lawyer of the administration of Justice of the Seventh Section of the Provincial Court informed Dr. Vela that it was taken as notified through his attorney, since he did not grant him the request to send the contents of the sentence to your home for health problems.
The magistrates consider Vela the author of the three crimes “incontestably” when in 1969 he gave the marriage formed by Inés Pérez and Pablo Madrigal ” a girl a few days old outside the legal channels, simulating the existence of a birth that it had not been produced and establishing a fallacious affiliation. “
Although it is proven that the doctor certified with his own hand that Inés Pérez gave birth in his presence on June 4, 1969 to a girl, which never took place, that girl was delivered without consent to that marriage and that Thanks to these maneuvers the newborn could be registered in the Civil Registry as their biological daughter, the judges acquit her for prescribing the crimes.
- Eduardo Vela acquitted for the case of ‘stolen babies’