Audiencia completa de debate de Juicio Oral Caso Rubi Chihuahua 2 de 12

Investigation into Sergio's Disappearance

Initial Efforts to Locate Sergio

• The speaker describes their efforts in January to distribute flyers about Sergio, visiting local businesses where he was known.

• They mention a connection with José Antonio Monje's family, who own electronics stores and have an employee that knows Sergio’s friend, Jesús Obed Saldívar Tabares.

• The speaker recalls meeting Jesús at a party and learning about his close friendship with Sergio, including a shared business venture involving DJ equipment.

Contacting Jesús Obed Saldívar

• The speaker requests the store employee to contact Obed in Aguascalientes to confirm his whereabouts without mentioning Sergio.

• During the call, trivial topics were discussed; however, it was revealed that Obed had been selling records similar to what he did in Ciudad Juárez.

Journey to Aguascalientes

• In April 2009 during Holy Week, the speaker traveled with José Antonio Monje and a group from the missing persons department to locate Obed.

• Upon finding him at a market (tianguis), they learned that Obed last saw Sergio at the end of January when he had issues prompting him to leave.

Insights from Jesús Obed

• Jesús stated that when Sergio stayed with him for a week, he found it suspicious as Sergio claimed Rubí was in El Paso working but acted strangely.

• He noted that Sergio did not leave the house with Rubí and only brought minimal belongings, raising concerns about his situation.

Communication Attempts Regarding Sergio

• After seeing flyers about Rubí’s disappearance, Jesús asked Sergio to leave his home due to potential complications arising from his presence.

• Despite limited information from Jesús regarding Sergio's situation, he offered assistance by reaching out to Verónica Rodríguez, Sérgio's former partner.

• Verónica initially struggled to connect directly with Sérgio but eventually received permission from her mother-in-law for communication through Obed.

Background on Sérgio’s Relationships

• Verónica claimed ignorance about Sérgio’s whereabouts post-separation; she mentioned Rubí leaving him but provided no further details.

• It is highlighted that Sérgio had previously left another young woman named Yesenia Valdivia while also having children with both women—Ashley and another child whose paternity was disputed by Sérgio.

Timeline of Events in a Tragic Case

Discovery and Initial Actions

• The mother reveals the phone number that leads to locating her son, Sergio Rafael Barraza, in Fresnillo, Zacatecas. She expresses a desire to avoid legal troubles.

• During this time, the speaker is obtaining provisional custody of her granddaughter, Rubí Marisol's daughter, which is granted by a family court judge.

• It is deduced that Sergio is aware of the search for him regarding his daughter and the charge of child retention against him.

Investigation and Arrest

• Upon arrival in Ciudad Juárez from Fresnillo, it becomes clear that Sergio has been implicated in Rubí's murder; he admits to killing her while recounting events leading up to her death.

• He claims another individual was involved but fled during an altercation with Rubí before he ultimately killed her and disposed of her body near pig farms.

Discovery of Remains

• Investigators follow Sergio’s directions and discover human remains at a clandestine dump site filled with animal waste; they find evidence linked to Rubí.

• On June 18, 2009, authorities inform the family about finding remains but advise waiting for genetic testing results to confirm identity.

Genetic Confirmation

• Samples are taken from Rubí's daughter for DNA analysis. Results confirm that the remains belong to Rubí Marisol Fraire; only partial remains were recovered due to exposure to fire.

• Specific bones identified include parts of her right foot and arm along with fragments of skull showing signs of burning and fractures from heat exposure.

Legal Proceedings

• By June 24, 2009, confirmation comes through that the remains are indeed those of Rubí. The case progresses as evidence mounts against Sergio regarding both murder and child abduction charges.

• Despite presenting substantial evidence against him during hearings in Ciudad Judicial, he is released by a judge due to his status as the child's father under current laws governing custody disputes.

Personal Reflections

• A young girl living where Sergio was hiding contacts someone seeking help because she is pregnant with his child; this adds complexity to his situation as he faces multiple allegations.

• The speaker reflects on how circumstances led their daughter into danger despite efforts made as a single parent since 1999.

Testimony of Maricela Escobedo

Overview of the Case

• Maricela Escobedo discusses her daughter, emphasizing that although she is considered an orphan, she has family support including herself and Ruby's uncles.

• She expresses confidence in the authorities to study the case thoroughly and resolve it correctly, highlighting their preparedness.

Life Expectancy Context

• Maricela mentions that the average life expectancy for women in her family is 75 years, indicating a significant loss with her daughter's murder at age 16.

• She stresses that this man took away 59 years of potential life from her daughter.

Examination Process

• The prosecutor questions Maricela about specific dates related to her daughter's disappearance, particularly focusing on an interview date with a minor named Ángel Gabriel Valles.

• Clarification is sought regarding "absent persons," which refers to a department dedicated to locating missing individuals.

Defense Interrogation

• The defense attorney questions Maricela about the last sighting of her daughter and claims made by others regarding Ruby's whereabouts.

• Maricela confirms statements about Ruby being with another person and acknowledges concerns over her daughter's choice in partners.

Testimony of Alejandro Fraire Escobedo

Introduction as Witness

• Alejandro Fraire Escobedo is introduced as a witness called by the prosecution concerning the homicide trial against Sergio Rafael Barra Saboca Negra.

Legal Warnings

• Alejandro is informed about legal consequences for providing false testimony, emphasizing the seriousness of his role in court proceedings.

Personal Details

• He provides personal information including his full name, age (29), marital status (single), and occupation (systems engineer).

Privacy Considerations

• Alejandro opts to keep his address confidential under legal provisions protecting witness privacy.

Testimony of Alejandro Regarding Rubi Marisol's Homicide

Initial Instructions and Background

• The defense attorney instructs the accused to pause if they hear an objection during testimony, emphasizing the importance of clarity in communication.

• Alejandro is asked for his date of birth (January 6, 1981) and place of birth (Ciudad Juárez), establishing his identity.

Relationship with Rubi Marisol

• Alejandro confirms he was called to testify regarding the homicide of his sister, Rubi Marisol Fraire. He describes their relationship as respectful and good.

• He states that Rubi was living in a common-law marriage with Sergio Barraza since she was approximately 14 years old.

Details about Sergio Barraza

• Alejandro provides Sergio's full name and occupation, noting he was a carpenter when they first met.

• He explains how Rubi and Sergio's relationship began while working together at a family workshop.

Last Interaction with Rubi

• Alejandro recounts the last day he saw Rubi on August 28, 2008. She helped him care for his newborn child that day.

• After dropping her off at home, she chose to visit neighbors instead of entering her house, which he interpreted as a casual visit rather than neglect.

Concerns Following Their Last Meeting

• The next morning, Alejandro went to pick up Rubi but found her house locked and unresponsive; this behavior was unusual compared to previous days.

• Despite attempts to contact her via phone and horn honking, there was no response from either Rubi or anyone else at her residence.

Insights on Rubi's Relationship with Sergio

• Alejandro expresses doubts about the longevity of Rubi’s relationship with Sergio due to his perceived lack of potential and stability.

• He reflects on their upbringing which provided them a decent life; thus, he believed that eventually, she would realize she deserved better than what Sergio could offer.

Identification of the Accused

• During questioning by the prosecutor, Alejandro identifies Sergio Rafael Barraza as the accused present in court.

• He describes how he recognized him based on clothing details for clarity in identification during legal proceedings.

Closing Remarks from Prosecutor

Testimony Overview

Questioning of Witness Regarding Rubí Marisol

• The defense attorney questions the witness about Rubí Marisol's daughter, seeking clarity on her well-being during their time together.

• The witness confirms that Rubí was responsible and attentive to her daughter, indicating no signs of neglect were observed.

• The witness expresses confidence in leaving her child with Rubí, noting she provided good care for both children despite their young ages.

Conclusion of Initial Testimony

• After concluding the questioning, the judge thanks Alejandro FR for his presence and instructs him not to communicate with other witnesses.

Next Witness Introduction

Arrival of Mónica Lorena Arias Hernández

• Mónica Lorena Arias Hernández is introduced as a new witness in the ongoing trial against Sergio Rafael Barraza Boca Negra for aggravated homicide.

• The court informs Mónica about the legal consequences of providing false testimony, emphasizing the seriousness of her role as a witness.

Personal Background Information

• Mónica provides personal details including her age (32), marital status (divorced), and occupation (housewife).

• She is informed that if she fears for her safety, she can choose not to disclose her address publicly.

Relationship Insights with Rubí Marisol

Nature of Relationship

• Mónica acknowledges being called to testify regarding Rubí's homicide and describes their relationship as good, particularly close in the last month before Rubí's death.

Contextual Background on Rubí’s Life

• Mónica explains that Rubí had been living in a restricted environment with Sergio Rafael Barraza Boca Negra for approximately two years.

Social Interactions and Restrictions

• She notes that Rubí had limited social interactions outside immediate family and two friends due to Sergio's controlling nature.

Details on Restrictions Imposed by Sergio

Observations from Daily Interactions

• Mónica shares how she witnessed these restrictions firsthand while interacting with Rubí during childcare duties over several weeks.

Communication About Relationship Issues

Timeline of Events and Relationships

Issues with Caregiver and Relationship Dynamics

• The caregiver did not show up in August, citing jealousy from a person involved with her. The speaker mentions that the caregiver was often with her own child, which minimized issues.

• A question is posed about the specific year when the caregiver stopped coming to help. The speaker indicates it was around late August.

• The last sighting of Rubí Marisol was confirmed as August 28, 2008. This date is significant for establishing timelines related to her disappearance.

Previous Statements and Memory Recall

• Inquiry into whether the speaker had previously given a statement to authorities; confirmation that this occurred in March 2009.

• The speaker struggles to recall exact details from their earlier declaration but acknowledges having spoken about Rubí's ex-boyfriend.

Ex-Boyfriend Insights

• The speaker confirms they remember declaring information regarding an ex-boyfriend named Eduardo but does not know him personally.

• It is revealed that Rubí and Eduardo communicated only a couple of times via phone; they had not met again after exchanging numbers at a mall.

Investigation Context

• There were investigations involving Eduardo by authorities, but these did not progress significantly due to his physical disability.

• Clarification on whether there were discussions about Eduardo between the speaker and another individual named Diana; the speaker states they have not discussed him with Diana at all.

Communication Attempts Regarding Rubí

• A request is made to refresh memory using previous statements made by the witness regarding interactions with Eduardo during Rubí's disappearance.

• The witness recalls contacting Eduardo around December when he asked about Rubí’s whereabouts, coinciding with their birthday on December 20th.

Testimony Overview

Witness Testimony: Mónica Lorena Arias

• Mónica recalls seeing Rubí on August 28, noting that she had not visited her home from August 18 to 22 due to restrictions imposed by Sergio, who was preventing her from caring for Mónica's baby.

• The last time Mónica saw Rubí was in the afternoon of August 28, just before her child started daycare on September 1. She emphasizes remembering these dates clearly.

• During questioning, Mónica mentions a call made to a girl named Diana on December 20, recalling it took place in 2008.

Court Proceedings and Further Testimonies

• The judge acknowledges the presence of witness Mónica and thanks her for attending the court session.

• A question is posed regarding a phone call Eduardo made to Mónica on December 20 about Rubí; she confirms this interaction occurred.

Introduction of New Witness: Diana Verenice Lara Marmolejo

• Diana is introduced as a new witness in the case against Sergio Rafael Barraza Boca Negra for aggravated homicide concerning Rubí Marisol Fraire Escobedo.

• The court warns witnesses about the consequences of false testimony, which can lead to severe penalties under law.

Diana's Background and Relationship with Rubí

• Diana provides personal details including her age (21), marital status (single), and occupation (student). She confirms no familial ties with the accused.

• When questioned about her relationship with Rubí, Diana states they were neighbors for over five years and knew that Rubí had a partner named Sergio.

Last Encounter with Rubí

• Diana recalls seeing Rubí last in August 2008 when she stayed at Diana’s parents' house for approximately three days due to unspecified problems.

• Although aware of some issues faced by Rubí, Diana does not elaborate on what those problems were during her testimony.

Clarifications and Cross-examination

• During cross-examination, there are attempts to clarify specific dates regarding when Diana last saw Rubí; however, she only remembers it was in August without further detail.

• The defense raises questions about previous statements made by witnesses; objections arise but are ultimately resolved allowing continued questioning.

Testimony Procedures and Witness Protection

Initial Interrogation and Testimony Request

• The agent requests permission to present a witness statement from previous meetings to support memory recall.

• The defense attorney withdraws a question, allowing the interrogation to continue without further inquiries from the Public Ministry.

Special Considerations for Minor Witnesses

• Due to the next witness being a minor, the agent requests that their testimony be taken in a separate room.

• The tribunal agrees to receive the minor's testimony privately, ensuring their identity remains confidential as per legal provisions.

Arrangements for Private Testimony

• The tribunal outlines procedures for conducting the private session using audiovisual techniques to protect the minor's identity.

• A 30-minute recess is called to set up for the minor's testimony, emphasizing confidentiality and appropriate technology use.

Resuming Proceedings with Minor Witness

• After reconvening, the tribunal confirms it is back in session and ready to proceed with evidence presentation.

• The minor witness, Ruden Lara Marmolejo, is introduced along with her guardian present during her testimony.

Establishing Identity of Minor Witness

• Rubén Lara Becerra identifies himself as the father of Ruden Lara Marmolejo; he confirms his relationship with her.

• Ruden states she is 16 years old and currently studying; her personal information will remain confidential as per legal guidelines.

Clarifying Relationship with Accused

• Ruden is informed about her obligation to tell the truth regarding what she knows about Rubí Marisol Frire Escobedo’s case.

• She confirms no familial ties with the accused but must speak clearly for all parties involved in court proceedings.

Context of Testimony Regarding Homicide Case

• Ruden is prepared for questioning by both the Public Ministry and potentially by defense counsel; she should pause if objections arise during questioning.

Testimony Overview

Witness Account of Ruby Marisol's Last Day

• The witness recounts the last time they saw Ruby Marisol, stating she was found lying in bed when the witness woke up to go to school.

• The witness mentions that Ruby had been staying at their home due to unspecified problems, particularly with someone named Sergio, although details about these issues remain unclear.

• During cross-examination, the defense questions the witness about a person named Eduardo, who was previously a friend or boyfriend of Ruby. The witness confirms they were once in a relationship but lacks further details.

• The defense seeks clarification on Eduardo's background and location of his family business (a upholstery shop), but the witness does not provide specific information regarding this.

• After concluding the questioning, the judge thanks the witnesses for their presence and instructs them not to communicate with others involved in the case.

Next Steps in Proceedings

• The prosecutor requests the presence of a minor named Ángel Gabriel Valles Maciel for testimony under similar formalities as previous witnesses due to his age.