San Francisco Frontiers - Maradona death trial in peril with judge under microscope

The trial was suspended last week after defense lawyers said the judge's involvement in a documentary related to the case constituted a possible breach of her duty, influence peddling and even bribery.

The possible removal of Julieta Makintach, one of three judges presiding over the case, risks nullifying the proceedings.

Maradona died on November 25, 2020, at age 60, while recovering at home from brain surgery for a blood clot after decades battling cocaine and alcohol addictions.

He died of heart failure and acute pulmonary edema two weeks after going under the knife, and was found dead in bed by his day nurse.

Maradona's medical team is on trial in the Buenos Aires suburb of San Isidro over the conditions of his convalescence at a private home.

Prosecutors have described the football icon's care in his last days as grossly negligent.

The trial is set to reconvene Tuesday, where at least one lawyer is expected to ask for Makintach's recusal.

If she is removed from the case, it must be determined whether she can simply be replaced, or whether the trial must start afresh with a new panel of judges.

"This is a scandal of such magnitude that the whole world is talking about Argentine justice as the worst example," Fernando Burlando, a lawyer for Maradona's daughters, told local radio last week.

At issue is the alleged use of cameras in the courtroom in violation of a ban on filming the trial.

Makintach had denied participating in or authorizing any filming, but footage shared in Argentine media over the weekend shows her allegedly being interviewed by a film crew on the eve of the trial starting.

- 'Compromised' -

A producer, in a deposition seen by AFP, said they were filming a documentary about Makintach, as "a judge and a woman," but not the trial itself.

Burlando rejected the explanation and said he would ask for Makintach's recusal on Tuesday.

"She did not act like a judge but like an actress," he charged.

"Everyone now feels that this (trial) is compromised," added Mario Baudry, the lawyer for Maradona's ex-partner Veronica Ojeda.

"It's healthiest to start over from scratch," he added.

The defendants risk prison terms between eight and 25 years if convicted of "homicide with possible intent" -- pursuing a course of action despite knowing it could lead to death.

The case so far has focused on the decision by Maradona's doctors to allow him to recuperate at home with minimal supervision and medical equipment, instead of a medical facility.

In her testimony, Maradona's daughter Gianinna said her father's carers had kept him in "a dark, ugly and lonely" place and claimed they seemed more interested in money than his welfare.

M.Powell--SFF