Jury voted for Henry's mother's fraud, but judge interfered, says prosecutor

Prosecutor Fábio Vieira, from the MPRJ (Public Ministry of Rio de Janeiro), stated that the jurors of the II Jury Court of Monique Medeiros and Jairinho, in the case of Henry Borel's death, voted 4 to 3 in favor of malice for the mother of the boy who died at the age of four.

The information was communicated by Vieira in an interview with CNN Brasil this Friday morning (5). According to the prosecutor, the vote would result in Monique being convicted of intentional homicide.

However, according to Vieira, judge Elizabeth Machado Louro intervened and requested a request after a statement from one of Henry's mother's lawyers. Understand below:

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Behind the scenes in the secret room
According to the prosecutor's report, when Monique began to be tried in the secret room, the first question asked to the jurors was whether there was any omission on the part of the woman. The judges' answer was "yes" by 4×3.

The second question is whether the jurors acquitted Monique for the omission and they answered "no" by 4×3. According to Fábio, before entering the room, all questions are read by the judge to the parties and are presented on paper for them to agree or not. This time, all requirements were accepted.

After the jurors' responses, the last question was asked: was the omission intentional? The answer "yes" to this question would already convict Monique of intentional homicide. The jurors responded positively by 4×3. So, at that moment, Monique would be convicted of the crime.

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One of Monique's lawyers celebrated, which caused surprise from everyone involved, who informed him that the woman had suffered the conviction. Thus, he stated that the issue was not clear. Fábio countered and said that, yes, it was clear, but the judge stated that she would return to the issue.

Once again, Fábio questioned the judge. However, she stated that she would continue with the request and that she would question "whether Monique acted with guilt in this omission". The prosecutor claimed that this would completely reverse the order and said that this was already precluded, that is, it had already been decided.

According to Fábio, before entering the room, all questions were read by the judge to the parties and presented on paper for everyone to agree or not. This time, all requirements were accepted.

In an interview with CNN, Fábio said that the judge's behavior influenced the jurors on this sensitive point and that she completely changed the scope of "yes" and "no".

"We understand that this in itself already causes an absolute nullity of the trial. Therefore, we have already appealed and if the appeal is granted, we will have a new trial", said the prosecutor.

"Monique let her son be tortured"
In addition to revealing behind the scenes, Fábio Vieira told CNN Brasil that Monique Medeiros, mother of Henry Borel, a boy who died at the age of four, let her son be tortured.

The prosecutor also said he was amazed at the celebration of some people and Monique's defense, even after she was convicted of torture inaction.

She was convicted. If the judgment is not overturned and the matter as it stands today is maintained, what do we have? We have a society that looked at Monique and said: 'you are responsible for the torture that your son suffered and this sentence for you is intentional. So, you let your son be tortured and society condemned you for it.'

Fábio Vieira, RJ prosecutor

Regarding the judicial pardon granted to Monique, Fábio analyzes that the judge commented on a "double legal error". He claims that the jurors had already been asked if they would acquit Monique after already saying that she was negligent.

Also according to him, in Monique's case there was negligence in caring for her son, so it is contradictory to grant forgiveness "to a woman who subjected her son to this situation".

For Vieira, Monique's celebration is justified only by the fact that she is free, and not because she was considered a victim or wronged. Finally, the prosecutor highlighted that the entire analysis is legal and is based on the facts that were proven within the judicial process.

Convictions in the Henry Borel case
Dr.

Jairinho, as Jairo Souza Santos Júnior is known, was sentenced to 43 years, 9 months and 20 days in prison for the death of Henry Borel.

Monique Medeiros, on the other hand, received a judicial pardon, a legal institute that removes the application of the penalty even after recognition of the crime. In the woman's case, the Sentencing Council recognized Monique's responsibility for torture by omission and downgraded the charge from intentional homicide to manslaughter.

After the decision, Monique left, on the afternoon of this Thursday (4), the Talavera Bruce Penitentiary, in the Gericinó Complex in Bangu, in the West Zone of Rio de Janeiro.

What Henry's father says
In an interview with Backstage CNN this Thursday (4), Leniel Borel, Henry Borel's father, stated that the final sentence involving Monique Medeiros in the trial for the boy's death represented a "huge legal aberration".

In the decision, handed down in the early hours of this Thursday, Monique, the child's mother, received a judicial pardon, a legal institution that rules out the application of the penalty even after recognition of the crime.

Henry Borel case: "They killed my son for the third time", says father

"Yesterday it became very clear, not only to me, but also to the whole of Brazil, of this 'biased partiality'. We are going to appeal [...] Monique, at the very least, was negligent. [...] They forget that Monique is the mother. The guarantor. She is, at the very least, responsible for her son's life. And she did not protect him", said Leniel.

During the interview, Henry's father even questioned the judicial pardon granted to Monique. "She was convicted of manslaughter, and can she have a judicial pardon for an intentional crime against life? Can an intentional crime against life have a judicial pardon?", he asked.

Leniel reported that, over the five years of the process, he observed several decisions by the judge that, in his assessment, benefited Monique in an unjustified way, including releasing the defendant in situations that, according to him, contradicted decisions of the Federal Supreme Court.

What Monique's defense says
In a statement, released this Thursday, Monique's defense stated that it received the decision "with respect". Read in full:

"Lawyers Florence Rosa and Hugo dos Santos Novais, who work in the defense of Monique Medeiros da Costa e Silva, receive with respect the decision given by the Sentencing Council, highlighting that the Jury Court constitutes one of the most important constitutional guarantees of the Democratic State of Law, with the sovereignty of verdicts being a principle expressly guaranteed by the Constitution of the Republic of 1988.

They also highlight that the trial carried out was guided by the analysis of the evidence produced in the procedural instruction, within the rules that govern the Popular Jury procedure. Throughout the entire process, Monique's defense maintained that she did not commit any aggression against her son and that her biggest mistake was not being able to realize, in time, the violence that she and her son were suffering. Henry's death represents an irreparable tragedy for everyone involved in this case.

The process also invites society to reflect on the need to evolve the understanding of phenomena related to domestic, psychological and gender violence, abusive relationships and the excessive exposure of women as victims, as the victim is not always able to immediately identify the signs of the violence to which they are subjected, especially when inserted into complex cycles of emotional manipulation and affective dependence. Finally, they reiterate their absolute respect for the memory of Henry Borel Medeiros, the families involved, democratic institutions and the Jury Court, recognizing the constitutional importance of the sovereignty of verdicts as an expression of popular participation in the administration of Justice."

Henry Borel case: remember the murder of the boy who shocked the country

Source: CNN