Historia de un Crimen: Colmenares (2019) s01e08 Episode Script

El juicio final

[elevator bell rings]
[González] Hold it!
Tenth floor, please.
You know, I would have done the same.
I didn't take your accusation
in the council personally.
I did.
That was my concern about you all along.
You're too soft for this.
I don't think being honest
means being soft.
[lighter clicking]
They're looking for us out there.
Yesterday, there was a mass shooting
in Patio Bonito.
The guy who had the pictures
of Cárdenas' van got killed.
For the years we've worked together,
I'll tell you, there is a plot to kill us.
They want us to be nice and quiet.
The media is talking
about paramilitary forces.
[sighs] I don't even trust
my shadow anymore.
I would leave the skeletons in the closet.
Why put them out there?
To get some air?
Am I being clear?
[elevator bell rings]
Although Prosecutor 11, Antonio González,
made unethical innuendos
many times during the investigation,
it wasn't until he started omitting
the contradictions
in the testimonies
that I started getting suspicious
about the origin of the witnesses.
My doubts were confirmed
when I saw the prosecutor
promising one of the witnesses
money and protection abroad
in exchange for testimony
that would support
the prosecution's murder thesis.
- [group murmuring]
- Thank you.
[theme music playing]
[photographer] That's it.
Everybody say "whiskey."
[cell phone ringing]
Excuse me. I'm sorry.
I better turn it off.
[ringing continues]
[Oneida] Yes, Mr. Prosecutor? Mm-hmm.
Thank you for calling.
Take the picture.
Hold this up.
[camera shutter clicking]
[sobs] Excuse me.
[Mr. Colmenares] Excuse me.
What did he say?
He told me he quit.
They made him quit.
I'm sure that González
isn't going to quit that easily.
Neither are we.
We are going to win that trial, Oneida.
He won't be back.
The prosecutor's life is in danger.
He was threatened.
We are alone again.
[sighs] I don't know
how to be strong anymore.
I don't know how to keep going.
[González] I ask Colombia
to wear the blindfold of justice
and look at this case without prejudice.
Don't look at it with prejudice.
Look at it with your heart.
Learn to judge from your heart.
That's all I ask of Colombia and Ciénaga,
my hometown.
That's all. Thank you.
[Laura whispering]
[sighs] Relax. That motherfucking González
is no longer here.
Yes, that's very good news.
I talked to the lawyer.
The guy says that this will be
like getting your ID.
It doesn't hurt to pray.
Now we're even, right?
Thanks. Do you believe?
[scoffs] No. My mom gave me that.
All I believe now is that karma exists.
So, in our last life
we must have fucked up.
We fucked up big time!
[crowd chanting] Justice! Justice!
Is it all going to be okay?
It's going to be okay.
[crowd yelling]
[cameras shutters clicking]
[Judge] Ladies and gentlemen, silence,
please, so we can start the hearing.
With all due respect, Your Honor,
I beg you to seek the truth in this case
and to listen to the pain of a family
who hasn't stopped suffering
and hearing lies about their son's death.
Thank you very much.
Ladies and gentlemen,
I admit this case was given to me
under difficult conditions.
That's why we accept
the annulment of the false witnesses
presented by Prosecutor González, who
[spectators murmuring]
Who, I admit, did not handle this case
in a proper manner.
- However
- [whispering]
The prosecution upholds its thesis
that Luis Andrés Colmenares
was a victim of murder.
We will prove that the defendants
know who the perpetrator is
and that they're accessories to the crime.
[spectators chattering]
The prosecution will pursue charges
of accessory to murder for Laura Moreno,
and of cover-up and perjury
for Jessy Quintero.
[gavel banging]
Counselor La Rota,
anything to add before we start?
Given the insistence,
the stubbornness of the prosecution
on its murder thesis
with no evidence at all,
the defense will prove that Laura Moreno
and Jessy Quintero's testimonies
have been true from the beginning.
It will prove that the sad death
of young Colmenares
was the result of an accident.
This will be the first
and last reason to determine
that the defendants aren't
and couldn't be responsible for this.
[prosecutor] Hello, Mr. Reyes.
In your professional opinion
and looking at this image,
what was the cause of death?
In the exhumation of the body,
I found seven front parietal fractures,
injuries caused before and after death.
Do you believe
the magnitude of the injuries
correspond to those caused
by an accidental fall?
The pattern in these injuries
do not correspond to an accidental fall.
It does correspond to that of a homicide.
How do you explain the bruising
on the chest and back
of Mr. Colmenares' body?
The discoloration
on Mr. Colmenares' chest and back
shows that the body was lying face-up
and then was lying face-down
at different times.
Which means
he was facing up after his death,
and after some time he was moved
to the place he was found,
facing down, as we all know.
Thank you, Mr. Reyes.
Very good, very good.
Mister? Doctor?
- Baltazar Reyes.
- Baltazar Reyes.
How many exhumations
have you performed in your career?
Too many, for my taste.
You consider yourself
an expert on the matter?
Yes, sir.
Not to brag, but I'm one of the best.
Could you declare
that for the procedure performed
on young Colmenares' body,
you complied with all legal protocols?
[scoffs] Of course I did.
I followed all the protocols
required for an exhumation
and a forensic autopsy.
Thank you. That will be all.
[Reyes] Ahem.
[man] According to my analysis,
young Colmenares
suffered a high-velocity impact
and drowned right away
without coming to his senses.
Dr. Marquez-Marcet,
from your extensive experience,
how can you explain that Colmenares' body
has so many injuries to his head
if it was an accident?
Look, the human skull
is made up of eight bones
which fit each other like a jigsaw.
Any high-velocity impact
like the one he suffered when he fell
results in multiple fractures.
In other words,
it's like hitting a house of cards
- when you hit one
- The rest fall over.
[Dr. Marquez-Marcet] Exactly.
[La Rota] Very well.
Would it be a possibility
that young Colmenares' death
was in fact an accident?
All the fractures found in the skull
of the body are premortem
and correspond to an accidental fall
on a hard surface.
- [spectators murmuring]
- [Dr. Marquez-Marcet] Meaning
it is highly probable
that his death was accidental.
- [spectators murmuring]
- [La Rota] Dr. Marquez-Marcet
how can science explain
the discolorations on Colmenares' body
that appeared both in front
and on his back?
Right, both types of lividity are evidence
that the body was moved.
You have the initial ones,
which coincide with the position
in which the body was found facing down.
Then, when they place the body
face-up on the slab,
the discoloration which hasn't formed yet
now does so on the back as well.
[La Rota] Dr. Marquez
in your extensive experience
of more than 1,000 exhumations performed,
do you think that the procedure performed
by this doctor Mr. Baltazar Reyes
complied with the protocols
and procedures required by law?
The exhumation of a dead body
is never done in an open field
on a dirt surface
with the body inside a broken casket,
and much less with a kitchen knife.
This means that the exhumation
doesn't uphold any accepted protocol
by the international scientific community.
[spectators murmuring]
It's performed like that, sir.
What should we think
of the conclusions drawn
from a procedure
with these characteristics? [Chuckles]
The chance
of evidence contamination is so high
that they can't be conclusive in any way.
[La Rota] Thank you. No more questions.
[Mr. Alvarado]
With all due respect, Your Honor.
The opinions
given by the imported coroner,
Mr. Marquez-Marcet,
are personal opinions on the injuries
and the body of Luis Andrés,
but they aren't the truth.
Look, this case
has been going on for years
because of the prosecution's negligence
or at least their witnesses' negligence,
of course, the ones
who haven't turned out to be false.
How dare you accuse
Coroner Baltazar Reyes of negligence?
He has an excellent record
in this country!
Of course! Until he performed
this barbaric procedure.
And please, it's disrespectful
to the deceased and his family.
What the gentleman wants
is to impress us with a Spanish coroner.
The conquerors are back!
[spectators jeering]
- [chanting] Justice! Justice!
- [gavel banging]
- [judge] Please! Respect this hearing!
- It's time justice was served!
[female reporter]
Attention. Per expiration of terms
and lack of evidence,
the sentence of house arrest
is lifted against
Laura Moreno and Jessy Quintero.
[male reporter] According to the judge,
they're not seen as a threat to society.
However, the murder accusation
still stands.
This case is still pending justice
[crowd clamoring]
[faint siren wailing]
Why so silent lately, Luigi?
Aren't you going to say anything?
Oneida, we're not done yet.
I am.
Those two girls being free
is a tragedy for all of us.
But the new prosecutor
has a perfect record
and she is on our side.
The Colombian people are on our side.
We are one step from justice.
What if we've been serving a plate
to nothing all this time?
What if all this time
I've only been seeing things.
Like my mom said.
[sniffles] What then?
Leave it.
Luigi is here. I know it.
I know it because I feel him closer
every day.
If you could speak
to Luis Andrés' mom, Ms. Oneida
If you could be face-to-face with her,
what would you say?
I would say that that I'm very sorry
for the loss of Luis Andrés,
because I lost him, too.
I also lost my best friend.
Oneida and I are just victims
of a tragedy that can't be explained.
What was your life like
after González accused you of murder?
My life changed
the moment Luis Andrés died.
Because I started mourning his loss.
A mourning I haven't been able to process
because I've been mourning
my own losses in this trial.
The loss of my life.
I can't even go out and walk my dog
because people shout "killer bitch" at me.
The worst part for me is that people
and the media
feel they have the right and the liberty
to mess with the memory I have
of El Negro.
So, what is the memory you have
of Luis Andrés?
I remember so much of what he said to me
that night at the club.
[sobbing] That he had so many things
to tell me, and I did, too.
I had so many things
I wanted to tell him
before he left me.
And that is a big burden
the things I didn't say
that I will have to carry
for the rest of my life.
That night,
I wanted so much to talk to him
that when he ran away
and I got that call,
I really thought that
In that call we would say to each other
all we hadn't said yet.
I wanted to hear his voice so badly
that I even called him
after we found his body.
To see
if he was still here.
[pen clicks]
Maybe he wasn't gone yet.
[man] That call triangulation
isn't easy, reporter.
It's dangerous.
If they catch you, pray for your soul.
I have the records for Laura, Jessy,
Colmenares and Cárdenas.
All I need is the triangulation
to know where they were that night.
It's very important for my investigation.
If I were interested in justice,
I'd be a judge. [Laughs]
Give me a hand.
[zipper whines]
[Jorge on recording]
Look, if that prosecutor who has the case
is now the boss, you go and tell her,
"I'm going to give you
one million pesos, fucker,"
I'm sure that bitch
will put a stop to this!
[recorder beeps]
This is evidence that Jorge Moreno
is buying justice
and that his daughter
knows exactly who killed Luis Andrés.
This has to be known.
Don't worry about that, Alonso.
[Jorge on radio] Laurita did nothing,
but she knows who did it.
[man on radio]
For Mr. Moreno, justice is for sale.
First, he plants false witnesses
to dirty the process.
And now, this attempted bribery
confirms those two girls
know what happened
and don't want to say so,
as Mr. Moreno says in the recording.
So, who are they covering for?
[woman on radio]
Maybe his own bodyguards.
[radio clicks off]
- Do you want to speak, or should I?
- Honey, I didn't make that phone call!
It's another tactic from the prosecution
or from Alvarado.
- I thought you believed me.
- I'm telling you it's not me!
Mm. The truth is I'm alone in all this.
- Honey
- No! Don't touch me!
After all I've done
to get you out of this?
I don't give a fuck, Dad!
It's my life they ruined!
- How can you be so blind?
- Blind?
I'm all alone in this!
I'm fed up with this fucking trial!
Laura, come here!
Milton, how are you?
You don't look like a reporter.
Are you a cop?
You think I look like a cop?
You never know.
[laptop beeps]
[Milton] It's downloaded.
- What's this?
- A decoder.
You need to hook it to your laptop
to make the triangulation
with the software I installed.
You need to be patient.
This stuff is hot.
If they catch you with this,
you'll go to jail.
It's your choice.
Where the fuck were you?
[laptop beeps]
How is it possible you didn't find
the body after three searches,
then, 16 hours later,
it turns up in a place
where rescuers had already searched?
Was that search thorough?
When I went down to the canal,
I walked seven meters inside the tunnel.
I used an issued flashlight
that has a reach of 120 meters.
And, yes, we walked
the entire length of the tunnel.
Did you see Luis Andrés Colmenares' body
in the tunnel?
[firefighter] No, sir.
I didn't see the body
because it wasn't there.
[Alvarado] You say you only walked
seven meters into the tunnel.
- Why didn't you cross the tunnel?
- I didn't need to.
From where I was,
I could see the perimeter
and my partner checked the other flank.
Perfect. Thank you.
As the plan shows, the canal's tunnel
is a confined space
with an irregular structure in the middle.
The canal goes into a tunnel
under the big avenue.
And at the far end, we have a hole,
a slope in the middle of the tunnel,
measuring about 60 centimeters.
- Is that correct?
- Correct.
That means it's impossible
to fully establish,
without walking the length of the tunnel,
that there is a body at the far end.
Well, going seven meters into it,
like my partner Piedrahita did,
or using a flashlight from the other side,
like I did during the search,
I'm not 100 percent sure
you could see a body.
Very well.
On the night of October 30,
the state weather agency reports
heavy rain,
rain which can result in an increase
in the water level of the canal.
Would you agree with the report
from hydraulics engineer Ramiro Vélez,
who argues that an increase in water level
of this kind could mean
the appearance of sudden currents
capable of dragging a body
down to that slope at the far end
where it was found?
Knowing the place firsthand,
I would say, yes, it is possible.
So, we know that it is perfectly possible
to think that a sudden current
dragged Luis Andrés' body
to the place where it was found
16 hours later.
This means that if the police officers
had been down to the canal
or if the first group of rescuers
had done their job properly,
we would be talking
about a whole different case.
Mr. La Rota accuses public services
of negligence, but the truth is different.
The prosecution has presented
three eyewitnesses,
including the defendant,
who all agree on one thing
they didn't find the body.
To be clear, these witnesses
have not turned out to be false.
That the fallible memory
of the firefighter tries to create doubt
in the witnesses doesn't change the facts.
On the other hand, you don't have
to be a hydraulics engineer
to notice the canal's current
can't even drag a few leaves.
[people clamoring]
Mr. Alvarado is right about one thing
human memory is fallible,
but not everything is.
I'd like to give you
the link tests of Halloween night, 2010,
which have the phone calls
from the cell phones
of Luis Andrés, Cárdenas, Jessy and Laura.
With all due respect, Your Honor,
this evidence was turned in yesterday
very late at night,
and we didn't have time to look at it.
I ask they aren't included
in this hearing.
My ruling is final.
Proceed, Counselor La Rota.
- According to several eyewitnesses,
- [spectators chattering]
We have that Luis Andrés, Laura and Jessy
left the club at 3:10 a.m.
[Laura] Negro! Luis!
At 3:21, Laura calls her friend
Juliana Paredes,
which puts the group
at the hot dog stand.
At 3:30 a.m.,
Jessy calls her friend Tato and tells him
Luis Andrés ran off
in desperation, furious,
and that Laura ran off after him.
Two minutes later, 3:32 a.m.
A call from Laura to Jessy
informing her
that she finally caught up
with Luis Andrés.
[Laura] Hello?
Do you want me to talk to you now, Negro?
No, Jessy, it's Laura.
- [Jessy] Where are you?
- Around 15th!
Another two minutes later, 3:34 a.m.,
another call from Laura,
informing her that Luis Andrés escaped,
ran off and fell into the canal.
[line ringing]
El Negro fell down!
Five minutes later,
3:39 a.m., the group meets again
at the canal.
Some minutes later,
Jessy asks her friend Mireya
to stay in the car
in case Luis Andrés came back.
So, between 3:22 a.m
when Laura ends her call
with her friend Juliana,
and 3:30 a.m
when Jessy informs the group
that Laura and Luis Andrés ran off,
eight minutes go by.
Eight minutes!
Time in which we should believe,
according to the prosecution,
that Jessy and Laura,
who barely knew each other,
put together a plot
so Jessy can cover for Laura
and her ex Cárdenas
can beat Luis Andrés to death.
Three questions come up.
First, why would Jessy agree
to be part of this plot
so that Laura, who she barely knew,
could attack someone
she was, in fact, friends with? Why?
Second, how did Cárdenas
manage to perpetrate this beating,
if at 3:25 a.m.,
he was dropping off his date,
Catalina Ramírez,
several kilometers away
from El Virrey Park?
And third, between 3:30 a.m.,
when Luis Andrés and Laura ran off,
and 3:39 a.m., when everyone regroups
in El Virrey Park,
approximately nine minutes go by.
What happened in those nine minutes?
There are two hypotheses.
The first, according to the prosecution,
would be that Luis Andrés and Laura
had an argument,
and then Laura participated in a plot
to murder and then hide
Luis Andrés' body.
The second, according to the defense
and supported by the testimony
of a forensic anthropologist
with international reputation,
and by these link tests,
it would all show that Luis Andrés
ran off, furious and heartbroken,
surely due to a rejection of some kind.
That Laura ran after him,
and in his haste,
Luis Andrés fell into the canal.
Causing himself injuries so serious,
he was left unconscious.
A sudden current,
the product of that night's heavy rain,
drags Luis Andrés' body
up to that slope
in the middle of the tunnel
where he drowns to death
and is found 16 hours later.
It makes more sense
to think that Luis Andrés' death
was accidental
than to think about this hypothesis
from the prosecution,
where a group of young people,
practically boys and girls,
without any experience or criminal record,
set up this plot to murder
a classmate without even having
the time to do so.
Mr. La Rota, the prosecution
has never accused
Ms. Moreno and Ms. Quintero
of committing murder, has it?
What these link tests tell us
is what we all know,
that both of them
were alone with Luis Andrés
until the last moments of his life,
Mr. La Rota.
What that evidence doesn't clarify
is what they are hiding.
They know who killed Luis Andrés.
Who killed him?
Professionals able to kill
in nine minutes?
- Bodyguards? Paramilitary?
- Prove it, Mr. Alvarado!
Prove it! That's how this works, evidence!
We've spent years on this case
because of the incompetence
of the prosecution
to support its fantastic story
with evidence!
Explain this what is Mr. Moreno
trying to keep quiet
with one million pesos
during his phone call?
- [spectators chattering]
- Those are speculations!
- That call is not real, and you know it!
- [gavel banging]
[judge] Gentlemen!
Due to inconsistencies
in the firefighters' testimonies
and the topographic evidence
presented by the defense,
I order the reenactment of the search
conducted by the firefighting team.
[spectators clamoring]
Our son was murdered!
There is no doubt about that!
And this judge is incompetent
and is believing lies and manipulation!
She's incompetent!
[gavel banging]
[siren wailing in distance]
Look at this circus, Oneida.
None of them get it.
- None of them.
- [camera shutter clicking]
This farce won't change anything.
[man] A bit to the side.
He was in this exact position
when they found him.
Record it, please.
[man] Your Honor.
The body is in position.
At 3:55 a.m., we begin the reenactment.
Bring the firefighter.
This is the same issued flashlight
I used that night.
Go ahead.
I'm in position.
Firefighter Piedrahita, please describe
what you see from your position.
- Nothing to report.
- [walkie-talkie beeps]
The tunnel is empty
like the night of the search.
Firefighter Piedrahita
says there's nothing to report,
that the tunnel is empty
like the night of the search.
[Mr. Colmenares] What is this, Your Honor?
That proves nothing!
That means the body was placed afterwards!
Justice, please!
Ms. Prosecutor, our son was murdered
and you know it!
Tell the truth!
Justice! We want justice!
They killed him!
Justice! This is a circus!
The prosecution couldn't prove
that Laura Moreno
and Jessy Quintero had a motive
to murder Luis Andrés Colmenares.
The prosecution couldn't prove
the deceased
was the victim of a beating.
The prosecution didn't prove
when the body was hidden,
nor who could have done it
much less,
how it was allegedly done.
The prosecution also couldn't prove
that Jessy Quintero and Laura Moreno
had known of a homicidal action
against Luis Andrés Colmenares,
much less that they covered for it
with their silence.
So, it is proven that the death
of Luis Andrés Colmenares Escobar
did not result from a homicide.
And so, there is no other alternative
but to acquit the defendants
of the charges against them.
[Salazar] Imagine Luis Andrés
was sitting in front of you right now.
What would you say to him?
although I know we shared
very little time in this world,
there is a memory
that remains intact inside me.
It's the way you looked at me.
I think you could really see me,
and I think I could see you.
Maybe if things had been different,
I wouldn't feel so lost and confused.
If you could do something differently
from what you did that Halloween night,
would you change anything?
After all this time,
I don't think I'd change anything.
I think I did all I could.
I ran after him.
I looked for him. I went into the canal.
I think I did all I could,
and I feel at peace.
At peace with myself that I did
[Laura] Although
there are times when I think that
maybe I could have done
something simple. I don't know.
[Luis] I need you.
[Laura] Very simple.
But "could haves" don't exist.
No, no, no
[Luis] Let go of me. Let go of me!
I said let go!
[utensils clinking]
Thank you.
[man] to remember this
the rest of our lives!
[all cheering]
- [theme music playing]
- [camera shutter clicks]
Following a long emotional crisis,
Laura Moreno resumed her studies in 2014
and graduated in engineering.
Despite the ruling in her favor,
she still suffers from public judgment,
depriving her of a normal life.
During the trial, Jessy Quintero resumed
her studies, graduating with honors.
Since her acquittal, she doesn't do
interviews or go to public places
due to people's scrutiny and rejection.
She currently has no connection
with Laura Moreno.
In 2014, Antonio González resigned,
stating personal reasons,
and started a firm
dedicated to the defense of penal matters.
In 2016, a judge ordered
an investigation of González
due to many alleged inconsistencies
in the Colmenares case.
There are still ongoing judicial actions
against him due to his performance.
After his acquittal, Carlos Cárdenas
suffered a deep depression
preventing him
from completing his studies.
In 2016, his family sued the State
for over 2,000 million pesos
for his imprisonment, based on
the prosecution's false witnesses.
The claim was rejected for being untimely.
He currently has no connection
with Laura Moreno
and he usually changes
his appearance to go out.
Jorge Colmenares studied law
and graduated in 2018.
He declared, having prepared as a lawyer,
to do what it takes
to solve his brother's death.
Following the acquittal
of Laura Moreno and Jessy Quintero,
Alonso Colmenares
stated he was not surprised
in a country where "corrupt people
end up being honorable
and people 'murder themselves.'"
He still claims his son was murdered.
Eight years after her son's death,
every October 31st,
Oneida Colmenares visits the canal
where he was found.
She claims Laura Moreno and Jessy Quintero
know who killed her son.
She declared she never stopped
communicating with him.
Luis Andrés' room remains untouched.
In 2014, Judge Joaquín Burbano
from Cundinamarca Superior Court,
citing reasonable doubt,
exempted Cárdenas from any responsibility,
but alleged the student was murdered.
Critics point out that the judge
could not reach those conclusions
because that file never addressed
what happened to Colmenares,
only what Cárdenas did that night.
In 2018, Judge 11 Paula Astrid Hernández,
who acquitted Laura Moreno
and Jessy Quintero,
opened up an investigation
against the first responders
and against the coroner who performed
the exhumation at the cemetery.
During filming of this series, Moreno
and Quintero were awaiting a ruling.
The procedural details of this case
are stated in the court files.
This series does not claim to be
a true reflection of the facts
and is not meant to determine
criminal responsibilities
or liabilities of any kind.
Based on a true story.
The events and characters involved
in the death of Luis Andrés Colmenares
have been fictionalized to portray
one of the most controversial cases
in the history of Colombia.
The scenes are not
a true representation of reality.
Some names have been modified
to depict a fictional version
of a very well-known story,
without harming the good name
and privacy of those people
who are not known to the public.
Some dialogue and characters
have a narrative purpose.
The procedural truth
about the Colmenares case
lies in its files and judicial decisions.
[instrumental music playing]
Previous Episode