One of the three judges presiding over the trial of the medical team of late Argentine footballer Diego Maradona has stepped down after it emerged she had been taking part in a documentary miniseries about the high-profile case, which has been under way since March.
Julieta Makintach, 47, recused herself on Tuesday after prosecutors presented footage and scripts from the documentary, arguing that the filming – carried out without the knowledge of the other judges, Maradona’s family, or the defendants – had compromised her impartiality in the trial.
Maradona died in November 2020, at the age of 60, while recovering from brain surgery. His seven-person medical team is on trial in San Isidro, part of the Buenos Aires metropolitan area, over the conditions of his home convalescence, described by prosecutors as grossly negligent.
After Makintach’s departure, the two remaining judges decided to temporarily suspend the trial until tomorrow.
The trial had already been suspended for a week due to allegations that the judge was involved in covert filming of the legal proceedings.
Prosecutors launched a criminal investigation, which included search operations.
At yesterday’s hearing, before the evidence was presented, Makintach denied any wrongdoing, claiming she had merely given an “informal interview” about the case and that she had been the target of “media ridicule”.
However, a 1-minute-50-second trailer shown by public prosecutor Patricio Ferrari revealed a far more sophisticated production level.
Amid excerpts of news reports on the death of the Argentine football legend, the judge is shown from several angles arriving at and walking around the San Isidro courthouse where the case is being heard.
According to prosecutors, the footage was shot on Sunday, 9 March – two days before the trial began – without authorisation or a record of the visit.
The caption reads: “Five years later: a death, an idol, a judge, a trial.” Makintach is filmed entering her office, sitting down, looking into the camera, before the title of the miniseries appears: “Divine Justice”.
The next show was allegedly filmed from inside the courtroom – something that technically should not have been allowed – and shows Makintach at the centre of the frame.
Then comes the phrase “The judge behind D10S,” a reference to Maradona’s “divine” nickname, playing on the Spanish word for God (Dios) and the iconic number 10 shirt worn by one of the world’s greatest players.
As the trailer was played, the defence lawyer Rodolfo Baque jumped out of his chair to shout “trash!” at the judge. Gianinna Maradona, Maradona’s daughter, tried to calm him, before she and Maradona’s former partner Verónica Ojeda both began sobbing uncontrollably.
Prosecutor Ferrari accused Makintach of behaving “like an actress and not a judge”. He said the miniseries would feature the judge as the main protagonist across its six episodes.
The judge sat with her head bowed, biting her lip and eventually said she had “no choice” but to recuse herself as one of the case’s three justices.
Maradona died at his home in Buenos Aires, where he was recovering from surgery to remove a blood clot from his brain, performed just days earlier. The cause of death was heart failure and acute pulmonary oedema.
Prosecutors have described the medical care Maradona received as “reckless, inadequate, and unprecedented”, arguing that his death could have been prevented. The charges against his medical team relate to the decision to allow him to recover from major surgery at home, and the conditions of the care he received there.
The seven defendants could face prison terms ranging from eight to 25 years if convicted of homicide with possible intent.
Gianinna Maradona has claimed her father was kept in “a dark, ugly and lonely” place and that his carers were more interested in money than his welfare.
On Thursday, the two remaining judges are expected to announce whether the trial will proceed – and if so, whether it will continue with just the two of them or with a new third member – or be declared void.
Some of the plaintiffs have called for a new trial, saying they felt proceedings had been tainted by scandal.
“Everyone now feels that this is compromised,” said Mario Baudry, Ojeda’s lawyer. “It’s healthiest to start over from scratch.”
