Judge Joaquim Domingos de Almeida Neto, from the 7th Criminal Chamber of the Court of Justice of Rio, determined that Monique Medeiros, the mother of the boy Henry Borel, should return to jail.
Monique and Henry’s stepfather, former councilor Dr. Jairinho, are defendants for the death of the child; according to the police, Jairinho tortured the boy, and the mother knew.
The judge accepted an appeal by the Public Prosecutor against a decision by the 2nd Criminal Court of Rio in early April that allowed Monique to be released, using electronic anklet.
Henry’s father Leniel Borel celebrated Monique’s return to prison:
“The feeling is of justice being done. We respect the decision [anterior, que concedeu a prisão domiciliar], but we do not agree. Thank God we have the Public Ministry, prosecutor Fábio Vieira. The decision was unanimous and there was nothing new.”
“The judges say it was a decision [da primeira instância] hybrid and confused, unidirectional. Justice was not being done. And I’m not just talking about Leniel as a father, but as a citizen. I fight every day for justice for my son, for the truth to come out… A year and 4 months… Maybe those two will never speak,” he added.
Appeal talks about ‘involvement’ in social networks after release
In the previous decision, Judge Elizabeth Machado Louro expressed concern about threats suffered by Monique inside the prison and said that maintaining the prison “does not favor the guarantee of public order”. The judge also wrote that the prosecution does not charge Monique’s use of “extreme violence” and that “there is no indication in the file that the applicant has even seen any of the violent acts”.
According to MP, Monique had ‘involvement’ with nets after release – Photo: Reproduction
The judge’s decision, however, contradicted the recommendation of the Public Ministry, which appealed. Prosecutors sent prints that would prove that Monique had “involvement” with social networks after her release.
They also stated that there is no legal or factual basis for allowing the substitution of pretrial detention for house arrest.
Jairinho’s prison release denied
The same judge who sent Jairinho to prison, Joaquim Domingos de Almeida Neto, from the 7th Criminal Chamber of the Court of Justice, denied last Friday (24) a request for release from prison for Dr. Jairinho.
The former councilor’s defense questions the constitutional action and prison time before the jury. In addition, he points out that Jairinho’s arrest is unnecessary and arbitrary, since Monique was granted the benefit of monitored house arrest.
The judge says that the “examination of violation of the precept that guarantees the court the right to a reasonable duration of the process must be done on a case-by-case basis, not just joining the mathematical count, being perfectly admissible dilation that is necessary depending on the specific circumstances of the species”.
About the “unnecessity of prison”, the judge says that there is no evidence or new facts in the request that justify the release.
VIDEO: What is known about the death of the boy Henry Borel, in Rio
4-year-old Henry died on March 8, 2021 and, according to the complaint from the Public Ministry of Rio de Janeiro (MPRJ), was a victim of torture carried out by the then councilman Dr. Jairinho. Monique is also charged with triple aggravated murder, torture and coercion of witnesses.
Henry’s death: what the report says and what were the injuries found on the boy’s body
Monique and Jairinho were arrested in April last year. As the g1 reported, the interaction between inmates with whom Monique shared a cell at the Gericinó Penitentiary Complex revealed to the management of the Penitentiary Administration Secretariat (Seap) a series of reports of episodes of violence, accusations and threats by the inmates.