Crime of Cuenca

Last updated

The crime of Cuenca consisted of a series of judicial miscarriages and police misconduct that involved torture and prison sentences for the defendants, for a crime that never occurred. The alleged crime related to the disappearance of a shepherd in the province of Cuenca, Spain, in 1910. [1]

Contents

Background

In 1910, José María Grimaldos López, a 28-year-old shepherd from Tresjuncos, went missing. He was nicknamed El Cepa (the stump), apparently due to his low height and lack of intelligence. He worked at the farm of Francisco Antonio Ruiz, and was constantly mocked by the farm manager, León Sánchez, and also by the security guard Gregorio Valero. On August 20, 1910, Grimaldos sold a number of sheep belonging to him; subsequently, he disappeared. Later it was found that he had gone to bathe at La Celadilla, a shallow lagoon where bathers covered themselves in mud reputed to have curative properties. La Celadilla is in the municipality of El Pedernoso about 4 kilometres (2.5 miles) from the town.

La Celadilla, an example of an endorheic lake. La Celadilla.JPG
La Celadilla, an example of an endorheic lake.

After several weeks of Grimaldos' disappearance, rumours started to spread around the village about his possible murder, with the assumption that he was murdered by someone who wanted to steal the money he had earned from the sheep sale. His family knew about the taunts that Grimaldos received—as he often talked about them at home—so decided to file a complaint over the disappearance in the court of Belmonte, accusing Sánchez and Valero of being the suspected perpetrators of the alleged crime. The two were arrested and put on trial; in September 1911, the case was dismissed. After the interrogation of the detainees, the summary of evidence was heard and the judge released the defendants due to the lack of evidence.

New prosecution and imprisonment

In 1913, at the insistence of the Grimaldos' relatives, the case was reopened. With the arrival in town of a new judge, Emilio Isasa Echenique, Grimaldos' family reported the case again. Once again an arrest warrant was served on the same suspects.

The Civil Guard began torturing and mistreating the detainees to obtain confessions from the defendants and to discover what they had done with the missing corpse. On November 11, 1913, when following the judge of Belmonte's order, the judge of Osa de la Vega certified the death stating that José María Grimaldos López, native of Tresjuncos, died on August 21, 1910, between 8.30 pm and 9.00 pm, murdered by Gregorio Valero and León Sánchez. The record reflects note in the margin: "The body could not be identified because it has not been found".

In 1918, after being in prison for four and a half years, the trial began against the defendants with a summary filled with contradictions and unclarified aspects.[ clarification needed ] The trial ended with a sentence that condemned the defendants to 18 years of prison by order of the Provincial Court.

The court who sentenced the defendants deliberated for thirty minutes, and the twelve members composing the jury judged them responsible for the death of Grimaldos. The defendants managed to avoid the death penalty, as the garrote was in use at the time.[ non sequitur ] Valero served time in the prison of San Miguel de los Reyes in Valencia, whereas Sánchez served his sentence in the prison of Cartagena.

Reprieve

On July 4, 1925, they left jail after serving 12 years and two months of their sentence, as a consequence of two decrees of pardon.

Reappearance of José María Grimaldos

On February 8, 1926, the priest of Tresjuncos received a letter from the priest of the municipality of Mira (113 kilometres or 70 miles), who requested the baptism certificate of José María Grimaldos in order to celebrate his marriage. The priest of Tresjuncos, astonished by the news, decided not to respond to the priest of Mira. After some time,[ quantify ] José María Grimaldos became impatient with the delay to his marriage and set off for Tresjuncos. When he showed up in the village, the villagers could not believe what they saw. The judge of Belmonte then interceded and ordered the arrest of the man. Within hours, the press released the news, and it had a huge impact on public opinion.

After the indisputable identification of Grimaldos, the Minister of Grace and Justice ordered the retrial of the case and ordered the prosecutor of the Supreme Court to appeal for revision against the sentence of the hearing of Cuenca. On the aforementioned order it is noted that "there are reasonable grounds to believe that the confession of Valero and Sánchez, essential basis of their convictions, were extracted under exceptional continuous violence".

Aftermath

The Supreme Court declared the ruling issued in Cuenca in 1918 void. [a] As well as establishing Sánchez and Valero's innocence, the supreme court established the nullity of José María Grimaldos' death certificate and established the corresponding compensations that the State had to pay to the prisoners in such cases. In 1935, the two were granted a lifetime pension of 3,000 Spanish pesetas per year, including 5 years of retroactive payments.

A trial was held of those held responsible for the miscarriage of justice.

Sánchez and Valero moved to Madrid; there, they were offered jobs as security guards in the city hall.

In literature and theater

The writer Alicio Garcitoral, Cuenca's Civil Governor at the time these events occurred, wrote the social novel El Crimen de Cuenca (1932) reprinted with prologue and edition by José Esteban in 1981. Some time later, the well-known writer Ramón J. Sender wrote the novel El lugar de un hombre (1939). The writer Luis Esteso y López de Haro, native of San Clemente, Cuenca, wrote some four-lined stanzas with the name El Crimen de Cuenca, which were edited in one of his numerous collections (Madrid, G. Hernández and Galo Sáez, 1927).

Pilar Miró, the producer, made a film in 1979 entitled The Crime of Cuenca ; it was scripted by Lola Salvador Maldonado, who also narrates the facts in a book published with the same name by the editorial Argos Vergara. The film makes a strong plea against torture and it is perfectly understood that the crime the title refers to is the one committed by the Civil Guard when torturing the suspects. The mathematician Carlos Maza Gómez also studies the case in his book Crímenes in 1926.

See also

Notes

  1. Supreme Court judgement: "given the error of fact that motivated the sentence, it is declared void, for it punished a crime that was not committed, thus confirming the innocence of Gregorio Valero and León Sánchez". Sentence from the retrial. July 10, 1926.

Related Research Articles

In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence. This plea is allowed even if the evidence to be presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. This can be caused by circumstantial evidence and testimony favoring the prosecution, and difficulty finding evidence and witnesses that would aid the defense.

A plea bargain, also known as a plea agreement or plea deal, is a legal arrangement in criminal law where the defendant agrees to plead guilty or no contest to a charge in exchange for concessions from the prosecutor. These concessions can include a reduction in the severity of the charges, the dismissal of some charges, or a more lenient sentencing recommendation. Plea bargaining serves as a mechanism to expedite the resolution of criminal cases, allowing both the prosecution and the defense to avoid the time, expense, and uncertainty of a trial. It is a prevalent practice in the United States, where it resolves the vast majority of criminal cases, and has been adopted in various forms in other legal systems worldwide.

Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.

<span class="mw-page-title-main">Baltasar Garzón</span> Spanish former judge (born 1955)

Baltasar Garzón Real is a Spanish former judge. He served on Spain's central criminal court, the Audiencia Nacional, and was the examining magistrate of the Juzgado Central de Instrucción No. 5, which investigates the most important criminal cases in Spain, including terrorism, organised crime, and money laundering. In 2011, he was suspended from judicial activity and in 2012 he was convicted of illegal wiretapping and disbarred for a period of 11 years. During this time, Garzón legally assisted Julian Assange. In the landmark case Baltasar Garzón v. Spain (2021), the United Nations Human Rights Committee found that Garzón's trial in Spain was "arbitrary" and violated the International Covenant on Civil and Political Rights.

<span class="mw-page-title-main">Arnaldo Otegi</span> Basque pro-independence politician (born 1958)

Arnaldo Otegi Mondragón is a politician from the Basque Country who has been the General Secretary of Basque nationalist party EH Bildu since 2017. He was member of the Basque Parliament for both Herri Batasuna and Euskal Herritarrok. He was a convicted member of the ETA, a banned armed separatist group organization, in his early years. He was one of the key negotiators during the unsuccessful peace talks in Loiola and Geneva, in 2006.

The Trial of the Juntas was the judicial trial of the members of the de facto military government that ruled Argentina during the dictatorship of the Proceso de Reorganización Nacional, which lasted from 1976 to 1983. It is so far the only example of such a large scale procedure by a democratic government against a former dictatorial government of the same country in Latin America.

<span class="mw-page-title-main">Miguel Etchecolatz</span> Argentine convicted murderer (1929–2022)

Miguel Osvaldo Etchecolatz was an Argentine police officer, who worked in the Buenos Aires Provincial Police during the first years of the military dictatorship of the 1970s, known as the National Reorganization Process, which Etchecolatz was deeply involved in. He was first convicted of crimes committed during this period in 1986; the full stop law, which passed that year and created amnesty for security officers, meant that he was released without a sentence. In 2003, Congress repealed the law and the government re-opened prosecution of crimes committed during the Dirty War.

<i>The Crime of Cuenca</i> 1980 Spanish film

The Crime of Cuenca is a 1980 Spanish drama film directed by Pilar Miró and based on an instance of miscarriage of justice, the Crime of Cuenca, which took place in the early 20th century in the province of Cuenca. El crimen de Cuenca is the title of a book published at the same time by the author of the movie script, (Lola) Salvador Maldonado, in which she recounts the same facts.

<span class="mw-page-title-main">Captain Sánchez's Crime</span> 2nd episode of the 1st season of La huella del crimen

"Captain Sánchez's Crime" is a 1985 Spanish drama film, made for television in 16 mm as an episode of the Televisión Española anthology series La huella del crimen. Directed by Vicente Aranda, it starred Fernando Guillén, Victoria Abril and José Cerro. It was based on a real crime which occurred in 1913.

The history of human rights in Argentina is affected by the last civil-military dictatorship in the country (1976-1983) and its aftermath. The dictatorship is known in North America as the "Dirty War", a named coined by the dictatorship itself to justify their actions of State-sponsored terrorism against Argentine citizenry, which were backed by the United States as part of their planned Operation Condor, and carried out primarily by Jorge Rafael Videla's de facto rule (1976-1981), but also after it and until democracy was restored in 1983. However, the human rights situation in Argentina has improved significantly since the end of the dictatorship.

Luciano Varela Castro is a senior Spanish judge, magistrate of the Spanish Supreme Court from 2007 to 2019. He was born at Pontevedra, Galicia, in 1948 and is married with four children.

<span class="mw-page-title-main">Life imprisonment in Spain</span>

Life imprisonment in Spain was introduced by the Ley Orgánica 1/2015 in March 2015, effective from 1 July 2015. The sentence can be revised, so it is officially called "revisable permanent imprisonment".

Events in the year 1910 in Spain.

The Triple crime took place in General Rodríguez, Argentina, on August 13, 2008. It involves the torture and deaths of three pharmaceutical businessmen, Sebastián Forza, Damián Ferrón, and Leopoldo Bina, who had been reported missing on August 7, 2008, and were found dead the following August 13.

The Spanish nobles María Lourdes de Urquijo, 5th Marchioness of Urquijo and Grandee of Spain, and her husband Manuel de la Sierra, were murdered in their Madrid home on 1 August 1980. Their son-in-law Rafael Escobedo was convicted of the crime, and later committed suicide in prison. Escobedo's friend Javier Anastasio de Espona fled before being brought to trial, but much later asserted his innocence.

<span class="mw-page-title-main">Trial of Catalonia independence leaders</span> Ongoing trials of supporters of Catalan independence from Spain

The trial of Catalonia independence leaders, legally named Causa Especial 20907/2017 and popularly known as the Causa del procés, was an oral trial that began on 12 February 2019 in the Supreme Court of Spain. The case was tried by seven judges and was chaired by judge Manuel Marchena. Judge Pablo Llarena had previously coordinated an instruction between October 2017 and July 2018, as a result of which 12 people were tried, including the previous vice president Oriol Junqueras of the regional government and most of the cabinet as well as political activists Jordi Sànchez and Jordi Cuixart and the former Speaker of the Parliament of Catalonia Carme Forcadell. Some defendants remained in pre-trial detention without bail from the beginning of the instruction process and have thus already served part of their sentence.

<span class="mw-page-title-main">Burgos trials</span> 1970 Military tribunals held in Burgos

The Burgos trials were a series of military tribunals held in the Spanish city of Burgos from 3 to 9 December 1970. The trials prosecuted 16 members of the Basque separatist organisation Euskadi Ta Askatasuna (ETA) for their involvement in two murders of police officers in 1968. Causing international outrage and sympathy for the defendants, the trials are best known for the six death sentences handed out by the tribunals which were later commuted to lengthy prison sentences.

Enrique Rodríguez Galindo was a Spanish brigadier general of the Civil Guard, who was sentenced to 71 years in prison in 2000 for the kidnapping and murder of the alleged ETA members José Antonio Lasa and José Ignacio Zabala in the so-called Antiterrorist Liberation Groups case.

The crime of Fuencarral street was a murder that took place in 1888 on the second floor, left side, of number 109 of Fuencarral Street in Madrid. This number does not exist on the current street map, since it jumps from number 107 to 111, with gate number 1 of the Glorieta de Bilbao roundabout between them. Therefore, number 109 would correspond to current number 95, on the corner with Divino Pastor Street.

<span class="mw-page-title-main">Andalusian Mail Train Robbery</span> 1924 train robbery and murders in Spain

The Andalusian mail train robbery, also known as the crime on the Andalusian express, consisted of a robbery and murder that took place on 11 April 1924  on board the train leaving Madrid at twenty past eight o'clock in the evening. There were two victims in total, 30-year-old Ángel Ors  Pérez and 45-year-old Santos Lozano León, both of whom were traveling post officers.  The murders were carried out by means of a firearm and blows dealt with ticket punch pliers.

References

  1. Pérez Bustamante, Rogelio. "El crimen de Cuenca". Retrieved on January 13, 2009. (in Spanish)

Bibliography