A video of a sexual nature in the hands of the justice system could be the main evidence by which Humberto Manuel Olivella Pineda regains his freedom after being prosecuted as allegedly responsible for the death of his baby in a motel in Valledupar.
Defense attorney Fredy Gutiérrez Nieves stated that the visual material delivered to the judge was recorded inside the motel by María Mengual Mojica, mother of the little girl, with Humberto Olivella’s cell phone in order to send it to another woman who was with the young man.
He also specified that the video would show that there was no sexual abuse or kidnapping as stated by prosecutor Edgar Rodríguez at the prosecution hearing based on the testimony of María Camila Mengual.
“Once they have sex, my client (Humberto Olivella) falls asleep, just like the creature and there comes the subject of the video that cannot be shown, but that you… will draw the conclusions,” said Gutiérrez Nieves.
The defense also presented some WhatsApp conversations that would show that the couple agreed to meet on January 1 when the event occurred.
According to the defense theory, María Camila Mengual and the baby entered a motel room with Humberto of their own free will, but later the woman decided to take the little girl out and leave her inside the car that was running where she died of suffocation.
Thus, the defense accused the Prosecutor’s Office of having “inflated” the accusation and having left María Camila Mengual out of the criminal action, who legally had the responsibility of caring for the minor because the little girl had not yet been recognized. for the young man
“The one who had the obligation and the duty as a guarantor of caring for the girl was María Camila, the Prosecutor’s Office has not yet proven to me that he is the father of the minor. And then, the Prosecutor’s Office said that since she was unconscious, she lost the quality of her guarantor and was it my client if she was conscious? She was not, “said Gutiérrez Nieves.
The sectional prosecutor 8, Edgar Rodríguez, for his part, asked that the defendant be sent to prison for greater guarantees in the continuation of the process.
Their request was based on other evidence that would have shown that the couple had an unstable relationship in which María Camila Mengual Mojica was allegedly mistreated.
However, the last word will be held by the Third Municipal Criminal Court for the Control of Guarantees.