Analysis of the Argaña Lawsuit

 

This work pretends to be a synthesis of the suit belonging the homicide of the Vice President of Paraguay: Dr. Luis Maria Argaña, which had occur in Asuncion, Paraguay, the 23rd. of March , 1999, that promote a lot of irregularities in the investigation, as well as in the facts involving the proceedings of the lawsuit.

  • Within the testimony of a dozen of witnesses, the paid assassins had close the passing of Dr. Argañas ïs vehicle, went down out of their vehicle starting front fire shooting against the chauffeur and the guardian. They continue with shooting, meanwhile the chauffeur stopped the vehicle, turn wheels and drive the vehicle in backward march, until it ended crashing against the wall of a house. After that, a third gunman proceeded to shoot the passenger of the back seat. If it is that the chauffeur had to support the shots since the same ones began and he also carried out all the described maneuvers and it hit upon even this way to escape to a house to be preserved. How is it possible that the deceased vice-president that came sat down in the back seat and he have to carry out any maneuver, didn't -he also hit upon - to escape for one of the doors to try to preserve their integrity, stiller keeping in mind that he was the last one in receiving shots?
  • According to the expert report of Dr. ArgañaÍs vehicle, the glass of the vent of the left side back door, presents 3 bullet holes; while the deceased's body, presents 5 bullet impacts and all of them at the right side, according with the legal medical report. For this reason, it should be kept in mind:

1. The vehicle doesn't possess other bullet impacts in the back right side, side and place where the deceased was located, nor less in the foil of this door.

2. All the impacts that it receives the body, they were received from the right side. How and from where did it receives the 2 remaining impacts that it presents the murdered body?

3. According to the medical report made by handwriting since the entrance of Dr. Argaña from the American Hospital and signed by the medical staff, besides the wounds taken place by firearm shooting, the deceased presented a sharp wound in the low part of the back -waist - of 8 cm. of longitude. Who did produce him or how such a big sharp wound took place?

4. Nevertheless, Dr. Argaña received a firearm shot that it supposedly was the mortal shot. The same one, according to expert medical report, had an entrance hole in the lower stomach floor, right side, carrying out a course "from bottom to top", interesting vital organs in the following order: liver, stomach, pancreas, heart and lung artery. However:

a) According to the ballistic expert report that was carried out, it is indicated that the shots received by the vehicle in the vent of the back door, right side, they were carried out from right to left and lightly inclined from top to bottom (Foliate 146, Volume I, Notebook of Evidences, Police Reports).

b) The back door, right side, in the metal foil, according to the expert report of the Police, doesn't register any impact. Therefore, How is it possible that being sat down in the back seat, Dr. Argaña received a bullet impact with horizontal trajectory, with entrance hole in the buttock and that it lodged in the hip? Which was the position of the assassin when making the shot that interested vital organs, being that the trajectory was from bottom to top, being seated the deceased corpse?

We are now faced again, with the "famous" magic bullets. that they behave thwarting to the laws of the physics and of course to all logic and reason. It is interesting to commonly observe this type of phenomenon that usually are present in most of the great homicides in history...

  • The Office, through the district attorney Dr. Alcaraz rushed to explain some of the incongruities of the file.

He declares on June 9th that their witness Gumersindo Aguilar is the true one and the other witness that were presented in the file, up to that moment, they are "false". As it is known, the first "facts" that were taken to organize the case, didn't fit in no way, as well as who were under arrest as they have been imputed it was too evident that didn't have anything to do with the homicide and that they were only pursued by their political convictions. So passed some time their true witness became a false witness, bringing now, the office a new witness, with much more impact - since he admits to be author of the fact- but not less believable than Aguilar, Pablo Vera Esteche. (The topic Vera Esteche, we will analyze it later on).

Returning to those days of June, the district attorney Alcaràz, tried to give an explanation of which they were the movements (with deluxe details) that the Dr. Argaña carried out, at times of the attack that suffered. It illustrated not only with deluxe details the supposed trajectory of the bullets that have impacted in the deceased's corpse, but rather he imagines and affirms which were the expressions and movements that the Dr. Argaña carried out, before, during and after receiving the shots. Ignoring in correcting entry what, in conclusive form, the expert reports says.

a) The District attorney sustains that the deceased tried to defend himself, lying down on the back seat and lifting the right arm to preserve himself. However the medical report sustains that the received shots, they had the entrance hole in the rear arm and forearm, right side. (Foliate 63, Volume I, Notebook of Evidences, Reports; Foliate 68 and 92, Volume I,, Notebook of Evidences, Police Reports).

b) The District attorney Alcaràz also assures that the shots the assassin carried out them from behind and from left to right, contradicting the result of the ballistic expert report, where it is affirmed that the shots that impacted in the vent of the back door, right side, they were carried out from front to back and from right to left, slightly from top to bottom. (I Foliate 146, Volume I, Notebook of Evidences, Police Reports).

c) The District attorney sustains that the Dr. Argaña, after lying down in the seat to protect himself, received five shots, later on, he incorporates himself to sit down (!!) and then he fell again leaning toward its right. This is impossible, because:
An expert in forensic ballistics, will be able to confirm that the blow for the impact of a bullet 380 caliber (it gauges of the ammunition impacted in the body of the Dr. Argaña), they are equal to an energy of impact of 33 KPM (Kilogram per meter). An energy of 1 KPM, in vital parts of the organism is mortal cause. From this itÍll be able to deduct that Dr. Argaña received himself an energy of impact of 165 KPM, which it makes impossible that the deceased corpse has been able to incorporate after having received this shots and nor less still when one of them would have caused his death interesting vital parts of the organism, like heart, liver and lung artery. (Foliate 48 and 68, Volume I, Notebook of Evidences, Police Reports).

3 The assassins acted with a professional manner with the chauffeur and the custodian but it didn't seize with Dr. Argaña. Because:

1. They shot with weapons of thick caliber and from the front (as assuring the death) to the chauffeur and the guardian, producing them wounds in the head.

2. It is extremely suggestive that they used a short weapon to murder Dr. Argaña, having them, according to the witness declaration and for the traces of the impacts left in the vehicle, high standard shotguns with high destructive power, and in addition a hand grenade.

3. Dr. Argaña, of whom supposed they had to assure his death, didn't receive gunshots in the head, nor receive shots with weapons of thick caliber. If any made a criminological comparison on the method that the professional assassins operate: in all the cases the murderers assure their horrendous work, shooting to the head of their victims. It surprises any one that hey didn't do the same thing with the deceased, if they really wanted to assure their work".

  • By the way Dr. ArgañaÍs corpse was left, inside the vehicle, it is evident that he came either sleeping or dead; because he didnÍt even try to protect himself (at least as a natural reflexes) during the attack, staying, mysteriously spread out on his right side, that is to say on the same side in that he received the bullet impacts. This fact is very suggestive, because usually when receiving an impact, the body falls on the opposite sense of which he receives the shots, that is to say following the trajectory of the shot. Still more, as it is known that the report of the Ministry of Internal Affairs as well as that produced by the Police, affirmed that the gunshots that the corpse received, were carried out from less than one meter distance.
  • Once knowing about the murder attempt, friends and family of Dr. Argaña went to that, but garishly nobody tried to aid him:

1.The first ones in arriving were people dressed with suits and one wearing military clothing, strongly armed, in white Toyota Prado and Nissan Patrol vans; according to witnesses they made signs to the wounded chauffeur, they looked inside the vehicle the wounded bodies and afterwards they quickly left. According to the chauffeur's declaration they were security personnel of security the Dr. Argaña and of the Vice Presidency. Why didn't they aid the wounded?

2. Afterwards, Dr. Planàs and Notary Nelson Argaña (the deceased's son) arrived. They both made cellular telephone calls, but neither of them aided the wounded.

  • Keeping in mind the magnitude of the attack and the woundedÍs investiture, How it is possible that they transferred him to the American Hospital, having other much more near places like being: Italian Hospital, French Hospital and Lacimet? Did they maybe already know that Argaña was dead and for that reason it was not urgent to transfer him quickly and to the nearest place to save his life?
  • A witness who was the first person to came close to the wounded bodies and he even went inside the vehicle to turn off its engine, said that he got garish powerfully the attention that the body of the Dr. Argaña presented an extreme paleness, similar to those which people that take several hours of deceased present. This testimony coincides with that of Dr. Planàs who says "to have realized the death" of Dr. Argaña because "he had very pale his skin, as well as the fingernails and the lips that were liliaceous". How it is possible that this cadaverous sign so particular in the later hours to the death, became present in a person dead apparently just a few minutes ago?
  • Why then, when Dr. Argaña died, the autopsy was not carried out in the Legal Medicine Institute?Why was it done in a Private Sanatorium and in hands of an "expert", as Dr. Ballasai is (external doctor of the said sanatorium)? Why didn't have participate another forensic doctor apart from the Dr. Llano that like it is of public knowledge was the deceased's godson? Why were the organs of Dr. Argaña saved in a special place by Argaña family when they should be in custody of the Court in charge of the case? Why was the filming of the necropsy is not allowed to be seen it to analyze details that would be of supreme importance to clarify facts, every time that has been requested the petition it is rejected by the Judge?
  • Why didn't the Judge have into account the testimony of a person that declared in judicial dependence, immediately after the homicide that jeopardizes a police officer as one of the material authors of the crime? Another witness also commit him. That accused person wasnÍt arrested neither included in the lawsuit, extremely strange fact, keeping in mind that the same day before the attack he was "carrying out a special work of intelligence" that his former commander of the Motorized of the Police had ordered him, being the whole week from the 22nd to the 28th March "missing of his original Unit, completing a special task". Garishly, when he was called to testify, he said that he got to know about the attempt by a "handy" that he possessed and later he went to the place with a comrade just to "snoop".
  • Why the wounded chauffeur cannot be interrogated neither transferred to any place without the previous authorization of the ArgañaÍs family?
  • Why did the witness Aguilar in whose testimony the first version of the homicide was based, was not processed, being that he participated, supposedly, of the meetings previous the murder? Now that their version of the facts has been discarded, why isnÍt he being processed for false testimony?

Why couldnÍt the wounded chauffeur be moved to another place nor interrogated, without the authorization of ArgañaÇs family? Why did the Aguilar witness in which the testimony was based on the first part of the crime wasnÍt processed being that he participated to previous reunions before the murder? Now that the version of the facts is being discarded, why isnÍt he being processed for false testimony?