20 years of the first murder resolved in Madrid with CSI techniques and a murderer who would continue in prison today
Police began to specify that the body found in the Casa de Campo did not correspond to a prostitute.And that portrays, above all, the purpose that the murderer wantedto a ditch on the Cerro de Garabititas.
He found a cyclist the next morning.The young woman kept the jewels, and the mobile in the bag.It wasn't a robbery.Although barefoot, his impolite red clusters of mud, on rainy days and in an unpaved area, they ruled out that it was any of the women who live the weather.The murderer had devoid of documentation, after disfiguring it, no less than six, with an iron bar.The family had to name him, for a scar on the back: Susana Valdivia Hernández, 27, a native of Móstoles, the oldest of two brothers, victim of gender violence 15 months before the official count of those cases began.No one called them that way;The media, this same, also the country, also ABC, spoke of "passionate crime".
Nothing is more important than her in this story, an attempt to memory 20 years later, although journalism imposes that only retrospect is legitimized if accompanied by novelty.There it goes: the murderer, Julián García Bouix, 36 years then, nine years older than his victim, was the first hunted by the luminol, that product that emerges the remains of blood even on the best cleaned surface.A substance whose effects are famous thanks to the CSI series.But when it was first used in Madrid - it also a mile.
In tragic hours, García Bouix maintained his routine with coldness.The murder occurred between 19.30 and 20.00 hours on Friday, but waited to fall the night to load the body, wrapped in a plastic, in your vehicle.After getting rid of him, he left drinks with a friend, her alibi.On Saturday he opened the Elite boutique, but after the woman of the Casa de Campo was identified as his ex -partner, he was arrested on Monday.Although the homicide group had it as the main and unique suspicious.Of course, too clean.
"Spots everywhere"
"I had lied to everyone, also," says José Luis Soriano, his lawyer.In his memory, after two decades, he clear a scene: "The police took him to the back of the premises.We were there and they told us: 'We are going to use a substance that makes fluorescent and we are going to lower the lights'.They started fumigating and spots appeared everywhere.The researchers, emphasizing a lot, shouted: 'that's it';'we have it';'Here the blood is seen';'There is no doubt'...And he collapsed.The luminol was the trigger to sing.This man had cleaned the store conscientiously, but when they sprayed with that liquid...".Four days of falsehood.
Esmeraldo Rapino, then head of homicides, was not present.Now discover that part of the story, although he is responsible for being produced.He had just joined his team, in practices, a boy, Martín, just out of the academy, updated in methods.
He spoke of the luminol - in the United.They did not use it, "because they said that it gave false positives," says Rapino, who completes: "But some tests had been done and we had to try before the preventive detention time ended.We talked then with the Central, the General Police Police Station, and it was they who came ".
By the work of the luminol, in the back room, remains of blood appeared on two shelves, on the ground, on the arm of a mannequin...Trace of blows, with an iron bar, in the head, a mortal one at the base of the skull, after an argument, according to the defendant, about the professional abilities of both for that business.
The breakdown of the relationship
They had lived together on a floor of the 26.After seven years of relationship, they broke, and Susana ruled out the reconciliation.The last link was professional, expired on December 31.She even intended to anticipate it: she was in search of another job.
"I don't remember that the luminol was discussed in the trial, although it had been the key.After the store scene, the version no longer changed and then I also did not see reason to question whether or not it was reliable that substance.Once he confesses, I said: 'I will not defend an acquittal for you.We can try to be less years within the fact, but...'.Accepted, "recalls José Luis Soriano.
In his conclusions, he described what happened as homicide (crime punished with 10-15 years in prison).Specifically, he requested 11 years in jail.The Prosecutor's Office and the private accusation, on behalf of Susana Valdivia's parents, qualified the crime of murder (15-25 years).And so they would also understand the jury, unanimously, and the judge, Arturo Beltrán Núñez, when he attended the aggravating alevosía: "The form of attack was not accidental but sought after, the aggressor had to take the iron bar before hitting andFrom that moment he was aware of his absolute advantage, without the victim had any possibility of defense ".They did not give "by accredited the contempt and humiliations" denounced by the accused, they denied "that he suffered an impulse control disorder" and ruled out the "outburst" as a mitigating.
Murder, no homicide."But I think I remember that the defendant did not go wrong," says the defense lawyer.Indeed, the sentence to 16 years remained in the lower part of the possible fork and that leads to a second element, a question, which justifies this look at the past: what would have happened today?
"Aggravating kinship"
With the current Criminal Code, which includes the aggravating gender, it would probably continue in prison and the present would save the image of seeing him smile in a Facebook image.But beyond the textuality of laws, the murder of Susana Valdivia serves as an example of the change in mentality."I think they could have applied the aggravating kinship," says Susana Gisbert, a prosecutor specialized in gender violence and former spokesman for the Provincial Prosecutor's Office of Valencia.
His colleague, in fact, requested it at the trial.He asked 19 years in prison referring to the "aggravating kinship or relationship of analogous affectivity".However, neither the jury nor the judge understood it the same, curiously, wielding words of the victim's mother: intimacy "had broken a year and a half before and he already had another partner".No one doubted that the break was crucial in the murder and the media spoke of "passionate crime", however, as there was no coexistence, neither jury nor judge valued the "kinship".
If it had occurred three years later, with the Law of Violence of Gender in Tive, "the sensitivity would be different and looked differently," says Gisbert, who clarifies a common misunderstanding: the 2004 standard only aggravated the qualification ofMild crimes, "of the type to put a purple eye, but neither the murder nor the rape".Of course, he introduced specific courts of gender violence, "where everyone involved is a specialist".However, "16 years are many," contextualizes."Even with kinship, it could have gone to 17 or 18 years," therefore García Bouix would also be free today.
The change for him and others arrives in 2015, with the modification of the Criminal Code that, together with aggravating ones such as homophobia or racism, includes gender violence."At first, it was not easy to apply, but now it is in almost all cases," illustrates Gisbert, revealing the jump in two decades, of that jury that understood that without shared house there is no "relationship of affectivity" and the judgethat today does not think about it."With gender violence, I would ask for 25 years today," and the court would probably have been located in the upper part of the criminal fork (20-25 years).That is, García Bouix would continue in prison and outside, the broken, which is not little, third and last reason for this trip in time.
Nothing lasts more than death
From the certainty that nothing lasts more than death, the pain of others is discovered, a title that Miguel Ángel Hernández gave to a book of 2018, editorial phenomenon that course, where he returned 20 years later to a very close crime.
December 23, 2021.Where was the Elite boutique, on the 22 of Jaén Street, today the film producer Nobo Films is based.In 26, the arrival of the mailman facilitates the door of the portal and a tremor accompanies the discovery, in the mailbox, of the surnames García and Bouix, parents and children of the murderer.Because before Susana Valdivia, Julian had another partner;He was a father in duplicate with 20 years.
No one responds in the third in the third.But on the street, a neighbor finally accepts talking, after negotiating during 200 meters on the road to the ambulatory."How are I going to forget, if you keep living there".Parents?"No, they are in the mailbox because it was always like this.The mother would say that sometimes comes, but the father I think she died.The problem is the daughter, who has revolutionized the entire neighborhood.Walks in the drug and there are many problems ".To her, the father's crime caught her by releasing adolescence.
The neighborhood and the memory
The pain of others.
For anyone but for family members.The attempt to contact them did not be [on January 16, 2022, 20 days after the publication of this article, Francisco Valdivia, brother of the victim, contacted this editor: "Thank you for remembering, although it was a nightmare and what remains".Not three months ago, he himself made the last attempt to reactivate the case, in conversation with "a famous lawyer", but his attempts were always stopped at the inability to face the expense that involves trying to reopen the investigation.In these years, he has not stopped thinking about "a drop of blood, which was neither of the murderer nor my sister", something that did not deepen and that points to a suspicion that the police already had at the time:"Someone must have helped her from the store to the garage".Two decades later they still have not charged compensation, who asked for the trial by the lawyers and against their mother's desire: "I don't want anything in exchange for my daughter's blood".The sentence decreed a 100 payment.000 euros that the murderer has not made."And the State is only responsible in cases of terrorism or so"], but it is not difficult to intuit the wound when not even the strangers have forgotten.
That was a somewhat festive building, with three floors, on the first two floors, inhabited by university students.Nostalgia could be limited to trivialities.José Ángel, Miguel and Ángel, of the 2nd, would continue to regret that "Lali always refused to paint the floor" and proudly regret: "We have killed too many neurons to remember much more".Eva, of the 1st, doubts if her landlord was called "Fermín or Jacinto", but he keeps in mind that "with his mustache he always appeared in the first rows in the Goya gala".And David, Estíbaliz and Fiona, of the other 2nd Okupado, would talk that "the judge never wanted to change the mattresses".In an apartment with paper walls, where it was enough that one shouted "Lady di has died" so that the entire plant was radiated, even ill -treatment, of which it was not heard, could be remembered as passengers, as Vivian Gornick writesthat New York block where he woke up to life.His book, fierce attachments, is crossed by another greater bitterness, as is the case with this report.
Fiona: "20 years have passed and I do not forget her face, or his.They were nice;He, too much, that makes you distrust.She was a tall, blonde girl, very striking, very pretty, pleasant ".And in his story an insult escapes when he knows "that someone who does something like that has hung a photo in his profile with another girl, casually, on March 8".There is not much more information than: "Committed since 2015".Nor just activity, either with his sister.Only two unanswered messages from an old prisoner: "We were together in Soto and Aranjuez".And then: "Why don't you respond?".
No friend to show.
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