The defense of the former Brazilian footballer Barcelona, Daniele Alves explained before the Court of Barcelona that the videos of the nightclub “radically deny” the victim’s version because they do not show her in a climate of “terror, fear or domination”, and argues that her story could be a “narrative distortion”.
In the appeal he presented at the hearing to ask for its abandonment provisional releaseto which EFE has had access, Alves offers to hand over his passport, wear a telematic bracelet to stay away from the victim, pay the necessary bail and appear, even daily, in court.
The appeal, drawn up by the lawyer Christopher Martelargues that there is no flight risk on which the judge relied to send him to jail without bail on January 20, taking into account that Alves voluntarily come to testify before the Mossos and no longer has the “economic muscle of the periodic income” that the instructor attributed to it.
In that sense, remember that he has been fired since puma Mexican in which he played and that, following his rape accusation, several sponsorship, advertising and image contracts that he had signed with different brands were terminated.
A “playful and festive” atmosphere.
Martell discusses in his appeal the indications that led the judge to send Alves to prison, mainly using the videos of the images preceding the moment in which the young woman and Alves entered the private bathroom of a private room of the disco suttonwhere he allegedly raped her, the night of last December 30th.
According to the letter, the videos show that before that moment Alves and the victim, who had gone to the disco with a cousin and a friend, were having a “playful and festive conversation, surrounded by many people in an open space”, that the “far ” from the “environmental intimidation” scenario.
Subsequently, adds the lawyer, the registration denies that the player has closed the door to Inter bath in which the alleged rape took place: first he enters the club and, two minutes later, the young woman does so, “without Dani Alves letting him pass”.
For Alves’ defense, this is the moment “preceding the sexual encounter in the tiny cubicle or bathroom” that the complainant expresses “experienced in an atmosphere of dread, dread or microcosm of domination, scenario that the images deny in the most radical way”.
Martell believes the victim’s story should be questioned when they look the images as a wholewhich show “a VIP area which, far from being a closed and watertight area, is open and in view of the large room and frequented by a very large group of people who move around and interact closely”.
Accordingly, the defense argues, the images “come into conflict and contradiction” with the complainant’s version and suggest that her account “of what transpired in the couple’s solitude in the bathroom den could also be adorned with identical elements of narrative distortion”.
Alves, at the “antipodes of flight”
In his appeal, Alves’ defense assures that the former Brazilian international he volunteered to testify before the Mossos d’Esquadra when he already knew that a complaint for a sexual offense weighed against him and it had been published that he was about to be arrested: “It is clear that going to appeal is the opposite of escaping”.
Furthermore, he claims that, after attending his mother-in-law’s funeral in Santa Cruz de Tenerife, Alves was able to go to Mexico -where he had to return because he was a member of the Pumas-, although chose to fly to Barcelona on January 17 to go “voluntarily” to the January 20 appointment with the Mossos d’Esquadra in the office of his lawyer at the time, after which he was arrested.
The defense also claims that Alves lives with his wife in Esplugues de Llobregat (Barcelona) and that he personal, family, social and entrepreneurial roots in the Catalan capital, which he understands distorts his risk of flight.
Unlike the instructor, the resource points out that the fact that Alves has the Spanish and Brazilian dual nationality it cannot be an element that prevents your probation.
He also replied to the instructor, who by the way saw flight risk due to the footballer’s economic capacity -he explained that he received between 30,000 and 50,000 euros a month-, and explained that Alves was fired by the Pumas and lost several advertising contracts after being incarcerated, although he acknowledges that during the his long career has amassed savings and assets.
Likewise, the appeal asks the judge to also justify the pre-trial detention to prevent Alves from reacting violently towards the victim, since “this prognosis cannot be affirmed without any element suggesting his consent, however slight it may be”.
Jason Root is the go-to source for sports coverage at News Rebeat. With a passion for athletics and an in-depth knowledge of the latest sports trends, Jason provides comprehensive and engaging analysis of the world of sports.