The crime of Lucio Dupuy: the foundations of the verdict that sentenced Magdalena Espósito and Abigail Pérez

Court of Hearings of Santa Rosa (Gastón Taylor)

The judges of the Court of Hearings of Santa Rosa, in the province of La Pampa, found the mother of Lucio Dupuy (5), Magdalena Espósito Valenti, and his girlfriend, Abigaíl Páez, guilty of the crimes of aggravated homicide for cruelty and treachery , while the stepmother of the murdered child was also found responsible for having raped him. For the judges Alejandra Ongaro, Andrés Olié and Daniel Sáez there are no doubts: both women were the murderers. What did they base their decision on?

In technical terms, Espósito Valenti was considered the material author and criminally responsible for the crime of homicide triple qualified by the link, treachery and cruelty. She was acquitted of the charge of sexual abuse for the benefit of the doubt, which caused surprise in the complaint and the discomfort of social organizations that were present at the hearing, held this afternoon.

Páez, for her part, was declared the perpetrator and criminally responsible for the crime of homicide doubly qualified for treachery and cruelty, in real competition with the crime of sexual abuse with carnal access through the anal route, executed with a phallic object, aggravated by being a the guardian and for having been committed against a minor under 18 years of age, taking advantage of the pre-existing situation of coexistence, as a continuing crime.

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For the judges, the conversations that the defendants had through WhatsApp in the months prior to the murder became essential evidence. There they recounted the punishments that were given to the baby. “Don’t let your hand go, we’re going to send a shit”, was one of the messages that Lucio’s mother sent to her girlfriend. “I’m fed up. I have to spend all day with this asshole”, was the answer.

The emotion after the condemnatory verdict (Gastón Taylor)

Before an episode in which Lucio vomited, the accused spoke to each other. “How did you hit him? It’s already been two times that he vomits ”. After that, her mother’s girlfriend wrote: “I don’t even want to see it; my life is bitter.”

The judges also marked the multiple injuries that Lucio received on the day of the murder. That was exposed by Juan Carlos Toulouse, the doctor who carried out the study of the body of the 5-year-old boy, and who was one of the foundations of the sentence. The examination indicated that the child died from a “fierce beating” and that he had “injuries in various parts of the body,” according to judicial sources.

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He assured that he had been the victim of “recent and long-standing” sexual abuse, at the same time that he presented “a strong blow that affected his hip, gluteus and leg, with a date of 7 to 8 days.”

Demonstrators protested in front of the court (Gastón Taylor)

“There was a specific attack that caused his death,” according to the autopsy presented in the case. Lucio died from internal bleeding caused by a beating. In addition to the signs of abuse, he presented burns and bites.

“Abigail Páez stepped on his little back with such force that, probably, his heart burst along with different organs,” revealed the doctors who spoke at the trial.

Another of the foundations of the 118-page ruling was the “mendacious” statement by Páez. ”As was said, by the time she returned to the apartment, Lucio Dupuy had died as a result of the injuries originated previously. But her falsehood is even more evident if we consider that, like every allusion to the mark stamped on the child’s shoulder blade, she maintains ‘that she touched him with her foot to see if he would react’; puerile argument that totally clashes with the intensity that it must have had, not only to leave that imprint on the skin, but to cause the tearing of internal organs”, the judges remarked.

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In the sentence, in addition, the psychological expert opinions towards the defendants were detailed as foundations. “They present peculiar characteristics in relation to their psychic structure, which has been informed and explained by acting professionals, especially their perverse personality, which is usually accompanied by traits such as irritability, aggressiveness and impulsiveness, in which regard there is also sufficient testimonial evidence and documentary, that such acts were always directed against Lucio Dupuy”, he expresses.

The defendants during the trial that was held behind closed doors

Regarding the accusation of sexual abuse, Espósito Valenti, the minor’s parent, was acquitted of the accusation for the benefit of the doubt. Instead, his girlfriend, Páez, was found guilty.

“Regarding the fact of sexual abuse, I believe that Abigaíl Páez should be sentenced for the crime of sexual abuse with carnal access through the anal route, aggravated by having tried to act as a guardian and for having been committed against a minor under 18 years of age, taking advantage of the pre-existing situation of coexistence, as a continuing crime”, Judge Olié stated in his vote, with the support of the other two members of the court.

Why? The judges explained that, based on the evidence, Lucio Dupuy was the victim of repeated sexual assaults for at least two months. There was DNA from the boy on the item used to rape him.

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In addition, the magistrates highlighted: “It has been shown that, at least, while Magdalena Espósito Valenti worked, Lucio Dupuy was in the care of Abigail Páez… It is not surprising that Abigail Páez took advantage of those moments in which she was to the care of the child, because these were also the situations in which a large number of violence occurred, of which sexual violence was only one of them”.

Also, the ruling pointed out the series of abuses committed against the minor, in addition to the brutal beatings that ended up setting the aberrant guilty verdict on the accused. Thus they were sentenced for a crime that provides for an expectation sentence of life imprisonment, although the sentence will be announced on February 13.

Keep reading:

Everything about the case of Lucio Dupuy and the conviction for murder and rape

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