ROSENBERG CASE: VALDÉS PAIZ BROTHERS TO STAND TRIAL ON CHARGES OF COMPLICITY IN MURDER

Guatemala, August 2, 2013. The judge of the Third Court of the First Criminal Instance, Óscar Sagastume, considered the evidence presented by the Public Prosecutor’s Office (MP) and CICIG to be strong and, therefore, ordered that the brothers José Estuardo Valdés Paiz and Francisco José Ramón Valdés Paiz stand trial for complicity in murder in the case concerning the murder of attorney Rodrigo Rosenberg Marzano.

The judge set a bail of GTQ 500,000.00 for their release, granted the pair controlled house arrest, and issued a ne exeat order. These measures were issued after the defense counsel requested that the prison measures be changed for alternative measures.

At the pre-trial hearing to open oral arguments, the judge also ruled that Diego Moreno Botrán and Nicolaid Rodolfo Ibarra Figueredo should go to trial on the charge of collusion (an agreement reached between individuals to cause harm to third parties).

The ruling of Judge Sagastume sends a clear message to the powerful groups that nobody is above the law.

The Public Prosecutor’s Office (MP) and CICIG filed 122 pieces of evidence (testimonies, documents, material evidence and scientific evidence), including ballistics reports, communication analyses, video camera recordings, and early statements—all of which link the charged individuals to the facts.

Judge Sagastume also ratified the participation of CICIG as a complementary prosecutor in the proceedings against the Valdés Paiz brothers and the other accused individuals.

Background
On May 10, 2009, the attorney Rodrigo Rosenberg Marzano was murdered in Zone 14 of Guatemala City. Before being murdered, the attorney recorded a video in which he blamed then high-ranking government officials for his death. The investigation produced a different result to the suggestions made by the attorney.

On July 15, 2010, the Court of Criminal Sentencing sentenced nine individuals (perpetrators) to between 8 and 48 years in prison. The decision was confirmed by the Supreme Court of Justice on March 31, 2011.