Lawyer seeks up to 16 years for defendants in Maradona death trial

A lawyer representing Diego Maradona’s youngest son on Tuesday called for prison sentences of up to 16 years for the main defendants in the trial into football legend’s death, exceeding the terms sought by prosecutors.

Maradona died aged 60 from cardiorespiratory arrest and pulmonary oedema on November 25, 2020. The former footballer was receiving home care in Tigre, near San Isidro, following successful surgery on November 3 to treat a subdural haematoma, a collection of blood beneath the skull.

Seven healthcare professionals are on trial over his death, with proceedings having begun in mid-April.

During Tuesday’s hearing, Mario Baudry, a lawyer representing Maradona’s youngest son, Diego Fernando, called for 16-year prison sentences for two doctors involved in his care: Leopoldo Luque and Nancy Forlini, the medical coordinator responsible for his home hospitalisation.

He also asked for 14 years for psychiatrist Agustina Cosachov and 12 years for psychologist Carlos Díaz. He called for four-year sentences for nurse Ricardo Almirón and his supervisor, Mariano Perroni.

Prosecutors had sought 12 years in prison for Luque, 10 for Forlini, eight for Cosachov and five for Díaz.

“From the very beginning, Luque knew exactly what was coming and tried to shift the blame ... he knew Diego was going to die with the treatment they were giving him,” Baudry told the court.

Baudry also called for the four main defendants in the case  – Luque, Forlini, Cosachov and Díaz – to be arrested immediately if convicted, a measure prosecutors have not requested.

The prosecution is seeking sentences ranging from four to 12 years for six of the defendants and the acquittal of the seventh, physician Pedro Di Spagna. 

Closing arguments are due to conclude on October 22, with the final hearing expected to be devoted to the defence. The court will issue its verdict on a date yet to be determined.

‘Homicide’

The defendants have been charged with homicide with dolo eventual, a legal concept under which a person is held responsible for a death when they knowingly accept the possibility that their actions or omissions could cause it.

Félix Linfante, lawyer for Jana Maradona, one of the football legend’s five children, backed the prosecution’s calls for prison sentences for Luque, Forlini and Cosachov.

He also sought three years in prison for Almirón and Perroni, while calling for Díaz to be acquitted.

“We accuse Luque of failing to do what his duty required to help him ... he knew his heart was sick, that he could die, and that his body was filling with fluid,” Linfante said.

The issue is central to the trial, as several expert witnesses have testified that Maradona suffered from heart problems that caused oedema – a build-up of fluid in the organs – which went untreated.

Cosachov has also faced scrutiny over the decisions made during Maradona’s home hospitalisation.

“She decided that the patient should go to a house and not a [medical] centre, she decided who would accompany him, she decided which medication he would not take and she decided that the physician should not attend,” Linfante said.

He was referring to Di Spagna, whom prosecutors and three private prosecution teams have called to be acquitted.

Lawyers representing Maradona’s children also accused Forlini of failing to provide the equipment needed to deal with potential medical emergencies at the home.

After Maradona’s death, Forlini sent a message to her team saying that the outcome had been foreseeable.

“For her, Diego’s death was an expected outcome; for this party, it is a homicide,” Linfante said.

Maradona’s eldest daughters, Dalma and Gianinna, reacted with an indignant sigh in the courtroom after the request for Díaz’s acquittal.

Baudry also called for an investigation into Maradona’s former representative, Matías Morla, and two of his associates, Vanesa Morla and Maximiliano Pomargo, his former private secretary, on suspicion of abandonment of a person resulting in death.

Morla is separately facing proceedings over the alleged fraudulent management of Maradona’s trademarks.

Baudry further called for Mariana Flichman, legal and risk manager at the private healthcare company responsible for Maradona’s home care, to be investigated for alleged aggravated concealment and false testimony over her suspected involvement in designing the arrangements.