Gabriela Nicole Pratts case in Aibonito: minor defendant ruled not fit to proceed, preliminary hearing postponed to 17 October
The legal proceedings against a mother and daughter accused of murdering the 16-year-old teenager face multiple complications. The minor defendant was ruled not fit to proceed and the preliminary hearing has been postponed.
Judicial complications delay case in Gabriela Nicole Pratts murder
A month after the arrests, the case concerning the murder of teenager Gabriela Nicole Pratts in Aibonito has accumulated procedural obstacles that are forcing the victim's family to wait until at least October to learn whether the defendants will face trial, according to reporting by univision.com.
On 19 August, Elvia Cabrera, 40, and her daughter Anthonieska Avilés, 17, were arrested as suspects in the crime. The district prosecutor for Aibonito, Ernesto Quesada, assured at that time that he had evidence "in abundance" and maintained that mother and daughter acted "in common agreement and concert". The Secretary of Justice, Lourdes Gómez, added on the same day that they did not rule out "filing additional charges against other persons in the coming days". A month later, this has not occurred.
Crime recorded between night of 10 August and early morning of 11 August
Prosecutor Brenda Soto clarified during proceedings that the murder of Gabriela Nicole Pratts occurred between 11:40 p.m. on 10 August and 12:04 a.m. on 11 August in Aibonito. The victim was 16 years old.
Avilés was detained on 19 August at 7:00 a.m. at the home of a relative on Genazaret Street, San Luis sector, in Aibonito. Judge Valery Téllez found cause for her arrest for first-degree murder and violation of the Firearms Act, and imposed a bail of 1 million dollars. Unable to pay it, the minor was placed in a "protective area" of the Correctional Medical Centre in Bayamón.
Defence assigned the night before the hearing
The preliminary hearing against both defendants was scheduled for 25 August, but the Legal Aid Society lawyers who assumed the defence of Anthonieska Avilés still did not know the case on that day: they were assigned the case the night before. This was recorded in courtroom 4 of the Judicial Centre of Aibonito.
During the first week of September, lawyers Rocío Revelles Ponce and Athelyn Jiménez Emmanuelli returned to court to demand that their client's rights be respected in accordance with the law. Avilés is a special education student and was not receiving those services at the Correctional Medical Centre. Her defenders also noted that the minor remained in a room without windows and "without any form of outdoor space or recreation" 24 hours a day, seven days a week, in isolation conditions that, they argued, violate the law. The Department of Correction and Rehabilitation was ordered to present, before 12 September, a plan to address the minor's needs.
Psychologist rules she cannot cooperate with her defence
On 17 September, Judge Paola Morales of the Court of First Instance of Aibonito heard testimony from psychologist José D. Malavé Orengo, who had evaluated the minor defendant. The expert testified that Avilés's level of attention is deficient, that she processes both information and her reaction slowly, and that she has limitations in understanding the legal situation in which she is involved. "She cannot cooperate with her defence," Malavé Orengo stated.
Based on this assessment, Judge Morales declared Anthonieska Avilés not fit to proceed and ordered her transfer to a mental health institution to receive treatment and therapy. She will be evaluated again on 14 October; the following day, 15 October, a hearing will be held to determine whether there have been changes in her condition.
Preliminary hearing postponed; prosecutor acknowledges a problem
Taking into account Avilés's situation, Judge Marielem Padilla Cotto rescheduled the preliminary hearing for 17 October. If on 15 October the expert declares that the minor is fit to proceed, mother and daughter would be ready for that next stage jointly. Otherwise, Judge Padilla Cotto would separate the cases, a possibility that prosecutor Quesada himself acknowledged as a problem.
"These are matters I am not going to clarify now, but, yes. In a certain way there is a problem, but, in any case, we are prepared," Quesada stated. The prosecutor commented that in that scenario they would have to present all the evidence twice, though he insisted that the team is ready.
Mother's lawyer requests time and seeks DNA results
For her part, Elvia Cabrera hired lawyer Jesús R. Ramos Puca, who requested more time from the court. Ramos Puca also requested the DNA analysis of his client, arguing that this "scientific result" would show that Cabrera had no participation in the crime she is accused of. This request, like the prosecutor's list of witnesses, has not been answered to date.
DNA still under analysis; prosecution seeks gag order
On 18 September, the director of the Institute of Forensic Sciences, María Conte Miller, stated that the institute was conducting DNA testing on additional material received as part of the investigation. The Secretary of Justice, Lourdes Gómez, had emphasised from the outset that "this is a case that is still open".
In parallel, the Department of Justice requested a gag order for the lawyers and prosecutors involved in the case, with the aim of preventing public statements from affecting a potential jury selection process. Judge Padilla Cotto will inform her final determination on that request in the coming days, after examining the position of the parties.
The family of Gabriela Nicole Pratts will have to wait until 17 October to learn whether the proceedings advance toward trial.
Source: Google News PR — Crime