Where is Marta? (2021): Season 1, Episode 3 - No further questions, your honor? - full transcript
The suspects stand trial for Marta's murder and the ensuing cover-up. Her parents explain their desire to find her body and new evidence is analyzed.
I'm sending you
this letter through Paloma or Mónica.
What they ask you to do,
I have told them to ask you,
so you have to do it.
I haven't rested for four years,
and I can't take it anymore.
I've proven that I would never betray you,
but Marta has to appear.
I've told them where she is,
but they can't find her,
and I can't confess
or else I'd make your situation worse.
So you have to help find her in secret.
If you don't help me,
you leave me no choice but to talk
to the judge and tell everything.
I'm going crazy and this has to end.
Only if Marta shows up will this end.
Greetings.
I hope you come to your senses
and put an end to all this.
JULY 19, 1991 - JANUARY 24, 2009
SEVILLE
A NETFLIX DOCUMENTARY SERIES
"EVERY ONCE IN A WHILE, TELL THE TRUTH
SO THAT PEOPLE BELIEVE YOU WHEN YOU LIE."
MARCH 24, 2011
- Hello.
- Hello.
First of all,
after having received the news,
I would like to thank the judge
for adding to our pain and anger
with the decision they made,
because this is an obvious injustice,
as we consider
this sentence to be very unfair.
Murder seems
to be an easy thing to do here.
And that makes me
no longer have faith in justice,
or at least in courtroom justice.
At this point,
I can only hope for prison justice.
The verdict
for "El Cuco" leaves no one satisfied.
And when I say that no one is satisfied,
I'm not only referring to Marta's family
or the prosecution,
but also to the judge himself.
The magistrate, Alejandro Vian,
sympathizes with Marta's parents.
He says that he understands them
as a father, as a good citizen,
but that his job as a judge
is to comply with the law,
and he says
that there is a lack of evidence
proving rape and murder took place,
in a case in which the body
has not been found.
Who or what has failed here?
COURTHOUSE
The judge
has convicted him of concealment
but not murder and rape,
as requested by the prosecution.
The judge thought
there was insufficient evidence
to convict him of murder and rape.
The judge understood
that the DNA traces of "El Cuco"
only prove that he was
at the scene of the crime,
but not that he participated in it.
He could have even gone free
and without charges
if the prosecution
hadn't asked at the last moment
that unlawful concealment be considered,
which is why a three-year sentence
was delivered.
What this made us think
is that this trial,
which has always been said to be a prelude
to what is going to be the other one...
Well, now we can expect
what will result from the other one.
COURTHOUSE
The trial for the disappearance and murder
of Marta del Castillo begins.
The four adult defendants,
the main one being Miguel Carcaño...
Three years of uncertainties,
of questions,
of contradictory confessions.
We're witnessing a case
that has shocked
the Spanish and Andalusian public.
20 sessions in court,
90 witnesses, 14 experts,
6,000 pages of summaries
and 150 journalists
from 40 different media outlets,
in one of the most controversial
cases of recent times.
Due to all kinds of circumstances,
procedural circumstances...
MARTA'S FAMILY'S LAWYER
...the enormous pain of the family,
the absolutely spectacular interest
it produced in public opinion,
for so many reasons,
it had nothing to do with any trial.
And that's why it's difficult
to compare it to any other case.
It was the first time
that the police called me to go to court
and asked me if I wanted a police escort.
In fact,
I remember that some lawyers
were literally attacked with oranges.
He should say where Marta is!
Don't defend him.
Hey, how are you? Do you feel hopeful?
Well, we're cautious, okay?
After the disappointment
we had in the first trial,
we were really worried,
because even though the police assured us
that the evidence incriminated him...
MARTA'S FATHER
...well, we didn't trust them anymore.
Murderer!
How do you intend to plead?
Son of a bitch!
Samuel, how do you feel?
Three of the accused
arrived by foot to the provincial hearing.
The main defendant, Miguel Carcaño,
arrived from prison in a police van.
The focus
is now on the judicial statement
provided by Miguel Carcaño,
the confessed perpetrator of the crime.
Let's find out what version
Miguel Carcaño will give.
Miguel Carcaño has given
more than ten statements
to the police and the court.
Ana Rosa,
he's given six different versions.
Listen to Marta del Castillo's
confessed murderer.
Mr. Carcaño, please stand up
and sit in the chair in front of you.
FOR MURDER, SEXUAL ASSAULT
AND CRIMES AGAINST MORAL INTEGRITY
Whenever you're ready.
Yes,
with the permission of the court,
Miguel,
please take yourself back
to January 24th, 2009.
It's true that you met Marta, isn't it?
- Yes.
- What happened?
We were in the bedroom arguing
because she wanted me
to leave my relationship.
What you're trying to tell me
is that Marta wanted to resume
the relationship with you, I assume.
Yes.
We were gesturing a lot, both of us.
Then, I was nervous, or whatever.
I don't know what happened to me.
I was holding the ashtray.
I picked it up and I hit her.
She fell to the floor,
and that's when I got scared.
I bent down,
and there was a little blood on her head.
And did you check
to see if it was just a blow,
if it was something else?
I remembered I had
a blood pressure monitor in the bathroom
that belonged to my mother,
and I put it on her,
and she didn't have a pulse.
NATIONAL POLICE CORPS
What happened after that?
I didn't know what to do,
and at that time, the minor arrived.
I told him to call Samuel.
At that moment,
he couldn't find his cell phone,
so he went outside to call from a booth.
And how long did it take
for him to come back?
The minor didn't take long.
Not very long. Five minutes or so.
And Samuel arrived
after about a quarter of an hour or so.
Did they say how
they got there, if they arrived by car?
- Samuel arrived by car.
- When did you see that car?
When we took the body
out of my house.
How did you do that?
We didn't...
There wasn't a lot of blood.
So we put her in the wheelchair
and took her straight to the car.
And where did you go?
I don't know. I went back home
and stayed there cleaning my house.
RECONSTRUCTION
On March 16 of that year,
you made a new statement.
Yes.
Is it true
that in that statement,
you implicated the minor
in Marta's death?
Yes.
Why did you say that,
when it is absolutely contradictory
to what you have just told us here?
The minor had accused my brother.
He implicated him.
And since he accused my brother,
I testified in order
to accuse him of more crimes.
And that's when Javi
put the knife to my neck.
Did you make it all up?
Everything related
to the rape, yes.
- Is the knife a lie?
- Yes.
Miguel, why have you given
so many different versions
about where Marta's body is?
Because I don't know where it is.
Did you intend
to kill Marta when you hit her?
No.
I know that I hit her,
but I did not
take the body out of my house.
I don't know where it is.
No further questions, Your Honor.
Barely stirring, unfazed, and calm:
this was Miguel Carcaño
on his first day of testifying
in the Marta del Castillo trial.
People are shocked and outraged,
especially because of how calm he was
while he was developing a version
that combines some of the versions
he has previously given,
but this one could benefit him the most.
But let's begin that exclusive interview
we have with Miguel Carcaño's lawyer.
Let's listen to it.
I requested a reckless homicide.
And I requested
a three-year imprisonment sentence,
because Marta's death was the result
of an argument and a blow,
a tragic blow, let's say,
caused by Miguel with the ashtray.
Paloma, according
to your argument for reckless homicide,
when would Miguel Carcaño be released?
He would be released immediately.
Disgusting! Pig!
Every time I go
to court and people start yelling,
I get mad,
but, actually, I like it,
because I can say, "You assholes."
It does the opposite
because it gives me more strength:
"Really? I'm more stubborn
than you, you bastards."
When the truth
comes out, people will be shocked.
Many things have yet to come to light.
FOR CONCEALMENT
AND CRIMES AGAINST MORAL INTEGRITY
Samuel, yesterday you
listened to Miguel Carcaño's statement.
Yes.
Everything he said regarding
your involvement, is it true or not?
It's a total lie.
Why have you made
these statements, not once but twice?
At the time of my arrest,
I was being told, step by step,
everything I had to say,
while they were grabbing my neck
and hitting me in the face and chest.
They told me
that either I had to incriminate myself
or they would go after my parents
and after my partner at the time,
Estefanía.
NAME
HIS TIME IN POLICE CUSTODY
FEBRUARY 16
WHILE IN POLICE CUSTODY,
HE WAS ASSAULTED BY OFFICERS
How many police officers were there?
Do you remember?
- During Samuel's statement?
- Before he made it.
He was brought up
from the cell by two colleagues.
I don't know who.
CHIEF OF JUVENILE POLICE UNIT
Many defendants speak
of being coerced in interviews.
What's your opinion on that?
Well...
GOVERNMENT DELEGATE
I don't know.
But what I do know is
that this accusation
is made often, in thousands of cases.
Immediately, they say,
"The police made me...
The police made me..."
No. Evidence is evidence.
- What are your qualifications?
- Prison health physician.
Did you treat Samuel Benitez?
Mm-hmm.
He had a bruise on his right arm
on a slightly swollen base: an edema.
- Yes.
- And a bruise.
Mm-hmm.
MEDICAL REPORT FOR INJURIES
TRAUMAS RELATED TO HIS ARREST
PRESENTS THE FOLLOWING INJURIES:
EDEMA AND HEMATOMA
At some point,
did the cell phone towers
place Samuel at León XIII's home,
the night of the events?
No.
Is there any other
type of genetic profile
found in the home of León XIII
that implicates Samuel Benítez
in the events?
No.
Are there any fingerprints found
that implicate him in the events?
No.
Is there any DNA
found on the clothing
he wore that night
that implicates him in the events?
No.
CHIEF OF THE JUVENILE POLICE UNIT
Apart from his confession...
is there any other evidence
that incriminates him in the events?
Science-based? No.
SUBJECT: REFERRING
TO ITEMS OF CLOTHING AND FOOTWEAR
THE SEARCH FOR, STUDY, ANALYSIS
AND SUBSEQUENT REPORT
ON SAMUEL'S CLOTHES AND SHOES
CANNOT FIND
ANY CRIMINALLY RELEVANT STAINS
CANNOT FIND
ANY CRIMINALLY RELEVANT STAINS
CANNOT FIND
ANY CRIMINALLY RELEVANT STAINS
Did you get a call at 11:34
from Marta's mother
asking you what you knew
about her daughter?
No.
- You didn't?
- I didn't get any calls.
PRIVATE PROSECUTOR
Mm-hmm.
In the trial,
it's shocking, very surprising...
The prosecutor's reaction
when they ask Samuel
about the call at 11:34 p.m.
that he gets from Marta's mother,
from Eva,
because that call was registered...
JOURNALIST
CALL LOG
Eva, Samuel said in court
that this call that you made at 11:34,
lasting 1 minute, 14 seconds,
didn't exist, you never called him.
Well, I have the bill,
where all the calls
I made that night are listed.
So, Samuel is lying.
I CALL SAMUEL...
I call Samuel.
I say, "Hello, Samuel.
I'm Marta's mother."
"I know she's been with Miguel."
Then he says, "Yeah, I talked to him."
"He told me
that he left Marta at midnight."
Then, I noticed
how my husband goes like this...
He says, "It's not twelve yet."
But how could he possibly know
that Miguel left your daughter at home?
Samuel,
did you receive on the 24th at 9:24
a call from the minor, from a phone booth?
I don't know where it was from,
but it was from the minor, yes.
What did the minor tell you?
That he was out
drinking in a park
next to the San Pablo Sports Center,
and that if I went to Seville,
we would meet up and sleep at his house.
That was the end of the conversation.
I guess, in the call
that "El Cuco" made to Samuel,
he told him what he had seen,
and what had happened
in the apartment at León XIII.
See, Eva, I'm telling you this with love,
that the only thing a court can do
is convict with evidence
that the prosecutors give them.
That is to say, the court only
handles what is put out on the table.
I'm really shocked when I see this board,
when I see this evidence,
in relation to the people who were there.
It shows that Samuel is lying.
Did your attorney,
your private prosecution,
bring this evidence to the courtroom?
Did the Public Prosecutor's Office
bring this evidence to the courtroom?
In this case,
where we basically had a prosecution
with a totally impeccable performance,
the private prosecution ends up
being a little behind, so to speak.
So we were in a relatively
comfortable position at trial, okay?
I believe that they shouldn't have gone
hand in hand with the Prosecutor's Office,
not because the Prosecutor's Office
did it wrong or failed to do it right.
We don't assume that.
But because the interests of the family
are not those of the Prosecutor's Office.
And finally, Samuel,
where is Marta del Castillo's body?
Well, I don't know,
Mr. Prosecutor, and if I may...?
No,
I'm just asking you where it is.
If you don't know, I've finished.
Okay.
Your name, please.
Eva María Casanueva Núñez.
The Public Prosecutor's Office
may ask questions.
With the permission
of the court. How do you feel right now?
Well, I'm really depressed.
Because it's very important to me
and necessary
to recover what's left
of my daughter's body,
to have at least that peace.
That way, I can live with the grief
for what they have done to her.
Mrs. Núñez,
is it true that every version Miguel gave
about the fate of your daughter's body
was a tremendous
humiliation or indignity for you?
An endless torture.
To think that your daughter
has been missing for 21 days,
that you don't know if she is well,
if she is okay, if they are hurting her...
They tell you they killed her,
then my husband told me...
He said, "Don't worry, she didn't suffer
because it was just a blow."
And then I have to hear
that she was raped.
And then I have to listen
to another version,
in which they say she was strangled.
Every time
there's a different version, well,
it depresses you more and more, right?
I always tried to keep my composure,
because I said,
"I don't want them
to see me break down, to see me cry."
Because I...
Maybe it was just a feeling, okay,
but I thought that they were
kind of gloating over that suffering.
And I said, "No."
"They have to see
that we are strong parents,
and that they are not going
to see us weakening."
Good morning. Please take a seat.
When I sat down to testify
after seeing their faces...
Because I had never had the chance
to see those people's faces.
That's the memory I have of them.
It's the memory I have.
At what time did you get
to the apartment at 78 León XIII?
I got there at about...
12:30 or 12:45 or 12:40 or so.
- Were you alone or not?
- Alone.
Did you knock on the blinds?
Did you try to lift them?
Did you see any light?
No. I...
I first looked to see if there was light,
and saw there was no light behind them.
Then,
I knocked on the blind.
Were those knocks
you made on the blind
too quiet to be heard from the inside?
Could it be that they weren't heard
from the inside?
No, no. I knocked hard enough
to be heard from the inside.
Mr. Antonio,
another question: how do you feel today?
Well, to tell you the truth,
I'm desperate to find my daughter.
You live with that every day. Well...
In a state of uncertainty
and thinking about the logical thing,
about finding her,
and racking your brains
about the different versions
that he gave...
I...
On the one hand,
you're eager for him to say something,
but on the other hand,
it could be just another lie.
And you don't want to get your hopes up.
I don't know.
It's like a continuous daily struggle.
In a few seconds, court will resume.
Now we'll see
Francisco Javier's girlfriend,
María García, on the bench.
She'll say what happened that night.
FOR CONCEALMENT
AND CRIMES AGAINST MORAL INTEGRITY
María,
did you have keys to León XIII?
Yes, Javi gave them to me...
- When?
- At 11:30.
That's why we met up.
I've only been there alone one time,
which was that day.
Normally, I always went with Javier.
I never went alone.
Maria, is it true
that at about 12:30 that night,
someone knocked on the outside
of the living room blind?
I didn't hear anything.
- You didn't hear anything?
- No, no.
Did you have
the living room light on?
Yes, I can't study
with the light off...
One last thing, María.
Where is Marta del Castillo's body?
- I don't know.
- No more questions.
Look, it's Francisco Javier.
According to the prosecutor,
Francisco Javier Delgado
is the mastermind,
the one who devised
how to get rid of the body.
Today,
Miguel Carcaño's brother
experienced his most intense moment.
People wanted
to see his face at all costs.
Son of a bitch!
Yes, you!
Son of a bitch!
There was one thing
that caught my attention,
which was that the brother
was exempt from any kind of penalty
in the case of a cover-up,
according to Spanish law.
Being his brother,
he cannot be convicted for concealment,
which is the funniest part.
He can't cover up for a relative.
By that, I mean
that his conduct will go unpunished.
COURTHOUSE
The old laws regarding
the active cover-up,
not only not failing to report a crime,
but also doing related activity,
is another of the criteria
that should be considered
for legislative reform.
Mr. Delgado,
it is your turn for questioning.
Please take your seat.
CONCEALMENT, MENACING,
CRIMES AGAINST MORAL INTEGRITY
Francisco Javier,
please try to remember
the day of Marta's disappearance.
Is it true that
at approximately 8:00 to 8:30,
you heard the front door?
Yes, only my brother and I
had a key to the house,
so if I was inside,
the only one
who could access the house was him.
Good.
I asked him
if he was going to be around for long,
because when I came out of the bathroom
after taking a shower,
I had missed a call from María.
I called her back and she...
Excuse me,
didn't you call María three times?
I don't remember.
I guess you have that info
in the log of my phone calls.
Yes.
CALL LOG FOR FCO. JAVIER DELGADO
TIME
On the way to the bus
or leaving the house,
I call María,
telling her that my brother
had told me that it wouldn't take long,
that there was no problem
with her staying there to study.
LEÓN XIII STREET
FCO. JAVIER CALLS MARÍA
Miguel Carcaño said
in his statements that that night,
Marta received a call.
She received a call on her cell phone
from her friend Cristina,
and he hung up that call,
which lets us deduce that Marta
might have already been dead at that time.
MIGUEL REJECTS CALL ON MARTA'S PHONE
And did Marta's phone
give a signal? That is, did it ring?
Or did it appear to be out of range?
Yes, it rang. It rang.
It rang.
But then I called back, and they hung up.
And the next call, they turned it off.
WITNESS
The call where they hung up,
approximately, at what time
did that take place?
CALL LOG: MARTA'S CELL PHONE
I don't know.
It would be eight... Twenty past eight.
Later than 8:20.
Miguel Carcaño's brother,
Francisco Javier...
If you see these lines,
his phone places him in León XIII.
If he's in León XIII, as we go up,
he witnessed Marta's crime,
or at least he was in the same place
where Marta was killed,
because at 8:28, according to the police,
Marta, represented by a cross, was dead.
When you left the apartment,
where did you go?
I went
to the line 2 bus stop
close to the León XIII apartment,
to take the bus,
and I went to Tharsis Street,
where I had arranged to meet my daughter.
You had arranged
to meet your ex-wife, Rosa, right?
Exactly.
You stayed approximately
between two and a quarter
and two and a half hours
inside Rosa's home, right?
From 9:00 to 11:30.
I might have left
even a little after 11:30.
Is it true that you arrived
at approximately 11:45 at the pub?
Yes, it's possible.
I remember
that it was before twelve o'clock.
Do you remember if any
customers came in from 1:30 to 3:00?
I don't know.
It must be in the till receipts.
I don't know.
DSEDA BAR
Isn't that unusual?
We have the receipts you provided.
You made only 25 euros that night.
RECEIPTS DURING FCO. JAVIER'S SHIFT
Yes.
Isn't this
a very small amount for a Saturday,
in a bar in Seville?
Yes, it was a very slow bar.
I mean, I'll say the bar was a disaster.
There's audio evidence
that contradicts that.
Tell me...
Dude, what's up?
- What's up, dude?
- How are you doing?
Good, good. Well enough.
So, how did it go?
Well, there was
about 280 or so in the register...
That's great!
And I've made
100-something today.
- How much?
- 100-something.
FCO. JAVIER CALLS HIS EMPLOYEES
- How much yesterday?
- 484. Best night of the year.
Fucking awesome.
That's great
for one night then, isn't it?
At least 500 euros, right?
- More or less.
- Wow. Fucking great, man.
DSEDA BAR
DSEDA CAFÉ
Where did you go after closing?
To a bar called Mínimo.
Did you check
or go to the bar Mínimo
to see if the bartender
saw Francisco Javier that night?
CHIEF OF GRUME
- No.
- No...
Let's move on to Sunday.
When was the possible
opening time of the bar?
Well,
the opening hours we have...
Let's see,
if it wasn't open in the morning,
it might have been opened
for coffee in the afternoon.
Might have been opened
by four or five o'clock in the afternoon.
You opened
at 10:52 p.m. that Sunday.
ARMING AND DISARMING OF ALARM
It's possible.
With everything,
it's striking on that day...
Just that day...
You can see why we're shocked...
But why does it shock you?
You have to check
the other days I worked there.
So you can see the difference.
You can...
If you want, you have to take a sample.
This is like everything in life.
I mean, you can't see one thing.
You have to see many of the same things
to know if it's normal or not.
ALARM DEACTIVATION
JANUARY 2009
- You asked for a sample, didn't you?
- Go on. Tell me.
So, during
all that month, on Sundays,
you open at 12:27, 1:04, 12:36.
We reach the 25th day
and you open at 10:49 p.m.
How long was the bar open?
- Two hours.
- Two hours.
DEACTIVATION
ACTIVATION
Well, maybe I went
to have a drink myself.
It's my bar. I can go any time I want
whenever I want.
And the till was locked, right?
You always locked it?
Sometimes
we didn't lock the till.
How could it be
that the till that day
was locked at 12:47,
at 12:47 a.m.,
when the bar had the alarm on?
What, what, what?
How can the till be locked
on the 25th at 12:47 a.m.
when the alarm is on and no one is there?
No, it's not possible.
If the alarm is connected,
you can't be inside the bar.
The alarm would go off.
Then how do you explain
that these documents say that?
I don't know.
UNTIL 25/01/2009 - 12:47
22:49:52- 25/01/2009 - DEACTIVATION
With permission of the court.
Joaquín, do you know Fco. Javier Delgado?
Yes.
Isn't it true
that you were partners in a pub in 2009?
Yes.
On the day
that Marta del Castillo disappeared,
is it true that that night,
the till was not locked?
Is it true that you checked this,
that the till had not been locked?
Yes, the till was open.
PART OWNER OF DESDA BAR
WITNESS
Isn't it true
that it's not possible
to alter the drinking time
on the printed POS receipt?
- It's possible.
- To change the time?
Yes.
New developments
in the Marta del Castillo investigation
which focus on the brother
of Miguel Carcaño, Francisco Javier.
To the family,
he has always been the mastermind
behind the disappearance of Marta's body.
They have no doubt about it, Susanna.
It turns out that a security camera
recorded Francisco Javier.
That is the doorway, the house
where Francisco Javier Delgado went,
according to his statement,
to spend part of the night
with his wife and daughter.
That is where the video camera
that recorded that image is.
It recorded Francisco Javier leaving,
but pay attention
to what happens at 9:15 p.m.
Watch, because he doesn't
even stay in that house for 15 minutes.
And to top it off,
there's a friend who has recognized him
from the way he walks.
If it's true that at 9:15 p.m.
he's been recorded leaving,
it's logical to think
that he would return to León XIII,
because nobody sees him
until after 11:00 p.m. or so
when he arrives at the bar where he works.
We would have to ask him
why he's told the court
something that a security camera
has proved to be false.
IT HASN'T BEEN POSSIBLE.
WE'VE TRIED EVERYTHING.
THE INVESTIGATIONS
HAVE NOT BROUGHT POSITIVE RESULTS.
WE'VE BEEN PLAGUED BY BAD LUCK.
Antonio del Castillo
had high hopes
for this new line of investigation,
but the recording couldn't be accepted
due to its poor quality.
Unfortunately, it was worthless.
Although, well, technology
is advancing a lot
and we could have...
But no, we have not been able to do it.
It hasn't been achieved at all.
It can't be used in the trial
and, well, the rush was
because the time to use it was now.
There are no more chances.
It's just that he was so lucky,
that if he had tried
to plan everything perfectly,
it wouldn't have worked out
the way it has.
There are some people.
We, the media, are waiting as well.
Because we don't know if "El Cuco"
will finally enter through the front door
or if he'll enter through the back door.
- He hasn't requested police protection...
- Sorry, what's that?
Yes...
You're seeing it live, everyone.
- It looks like that's "El Cuco."
- What? Is that "El Cuco"?
He's wearing a wig.
He's walking like a man.
His face is covered by glasses.
Francisco Javier García Marín.
"El Cuco." There he is at last.
There are shouts from all the people
waiting for the arrival of "El Cuco."
He's taking everything off.
- Yes, it is him.
- We've just seen his face.
I think that the person who undoubtedly
caused the greatest shock was "El Cuco."
Phew...
The arrival of "El Cuco"
to the adult trial...
Well, it was...
For me, it was a grotesque sight
to see him arrive with that hair,
that cocky attitude.
Is this the famous "Cuco"?
Would you be kind enough
to keep your hair out of your face
while you testify?
You are here to testify as a witness.
As a witness, you must answer
all the following questions,
and you must answer truthfully.
- Do you swear to tell the truth?
- Yes.
- Do you swear?
- I swear.
Very well, then. The Public
Prosecutor's Office can ask your witness.
Francisco Javier,
is it true that you took
your mother's car with Samuel
and went to the León XIII apartment?
No.
Is it also not true that
Samuel came out of the León XIII apartment
telling you that
there was a very big mess inside?
No.
And is it also not true
that when you were inside the apartment,
you saw Miguel's brother,
Francisco Javier,
and he was very nervous?
No.
And did he threaten you,
saying that something serious
would happen to your family
if you told anything?
No, that man
never threatened me.
It was because of police pressure.
And is it true
what you told the judge?
No.
Why, then,
did you give so much detail
and give such a coherent narrative?
- The police told me to.
- Pardon?
The police told me to say it.
Francisco Javier,
the police were not there.
We were already in court.
Excuse me, we were already
at the 4th Court of Examination.
It was on February 18th.
Who took me there?
They brought me back and forth...
Mr. García Marín, do not interrupt
the Public Prosecutor's Office.
And could you please
do us a favor,
for the court, and so you can let
the parents grieve in peace?
Give us some information
so that we can find Marta.
If I knew,
I would have told you long ago.
- And if you want to know, ask him.
- Ask who?
- He's the one who should know.
- I don't care if you agree.
Okay, agreed.
That's not the way
to address the court.
Yes, your Honor.
I think that the mistake
this kid made
was not really telling the truth
about what he saw,
which wasn't insignificant.
And I think to this day that "El Cuco"
was only guilty
of arriving at that moment,
seeing Marta dead -
because I'm sure of that -
and then not telling the police.
NOVEMBER 29, 2011
THE LAST DAY OF THE ADULTS' TRIAL
We're entering the last part
of the trial, which is the last words,
in case any of the defendants
wish to add anything
to what has been said in this
and in the previous 18 sessions.
Mr. Carcaño,
would you like to add anything?
I want to apologize
to Marta's family for the damage caused.
Mr. Benítez?
Marta was a friend of mine,
and I had nothing to do with this.
I just want to say
that I can't ease their pain,
because I don't know
what happened to Marta.
Mr. Delgado,
what would you like to add?
I know that many people
are having a hard time with this case,
especially Marta's family,
but there is nothing I can say or do
to ease that pain,
which, as a parent, I understand.
It's now time for sentencing.
The public, please clear the court.
Paloma, good morning.
How did Carcaño
feel about the sentence?
How would 20 years in jail
make you feel? Come on!
Only Miguel Carcaño will go to prison
for the crimes against Marta del Castillo.
The rest of the defendants -
Samuel Benítez,
Carcaño's brother, and his girlfriend -
have been acquitted.
The judge believes
there is insufficient evidence
to prove that they took part
in Marta's murder.
I want to apologize
to my daughters...
for raising a family in a country
where justice and social laws
are far from satisfactory.
This justice is shit!
You stated,
when the trials were about to start,
that there was enough evidence
to bring the case to trial,
with guarantees
and to prosecute all the defendants,
including María García,
Javier Delgado's girlfriend.
As people, yes,
it is possible that we are unsatisfied
because of the failure to be able to offer
the parents that definitive mourning.
But as prosecutors,
we have obtained a conviction,
and a legal truth of what happened
has been established.
We know that Marta was murdered.
Where is Marta?
We may agree or not,
but with the evidence
that the 7th Section had,
the adult sentence is very harsh.
They imposed the maximum punishment
with very little evidence.
We want justice!
If he didn't say,
"I killed her..."
Let's put ourselves in that position.
What proof was there against Miguel?
We are all Marta!
They could
have classified it as a homicide,
because he's the only prisoner
in the world
who is sentenced for murder
without a body.
In fact, it is surreal
because Marta was only killed in one way,
and only one thing happened.
The events unfolded in one way that night.
And yet we have two outcomes,
in which the judges in the minor's trial
established that the murder
happened in one way
and in the adult's trial,
that it happened in another way.
So you have two legal truths
that contradict each other.
Something is wrong with justice.
Something has gone wrong.
SEVILLE COURT STATES AT LEAST
ONE UNKNOWN THIRD PARTY PARTICIPATED
The judge said Miguel Carcaño
got rid of the body using a wheelchair,
with the help of his friend "El Cuco"
and a third unknown person.
That third person is one
of the great mysteries of this trial.
The verdict says -
we've read it -
that he made the body disappear
with the help of "El Cuco"
and with the help of a third party,
who evidently has not been identified.
If a seven-year-old child
tells me that he has an invisible friend,
I'd believe it.
But for a judge to say it
in sentencing in a trial...
It's embarrassing.
Well, I don't think they've dared
to give a name to that third stranger,
although they know
perfectly well who he is.
My sentence seemed correct.
Correct and fair, of course.
- Do you trust justice?
- Yes.
If you trust justice,
what about the evidence
in the minor's trial
that proves
that you were in the apartment?
In the verdict of the
minor's trial, it never says I was there.
- Yes, yes.
- No, no.
"Likewise, it's a proven fact."
"Once they arrived
at the aforementioned apartment,
the accused minor and the second adult
entered the apartment
where the adult who had killed Marta
and his brother were."
HIS BROTHER
Well,
I don't remember even being...
aware of that whole verdict.
I don't remember.
COURTHOUSE
Now that the trial is over,
the police are convinced that the case
has been falsely closed,
and they want to know
where the body of Marta del Castillo is,
because they're determined
to find Marta's body.
And so, they go to see
Miguel Carcaño in jail.
And they talk to him and talk to him,
and then they get the seventh version.
APRIL 29, 2013
He looks different.
You can see that his hair is much longer.
He is Miguel Carcaño.
He has returned to the Seville Court
to explain his latest version
of the death of Marta del Castillo.
He has said that it was his brother,
Francisco Javier Delgado,
acquitted in the trial, who killed her.
MIGUEL'S SEVENTH VERSION OF EVENTS
APRIL 2013
Miguel explains
in this seventh version
that he goes home with Marta.
He enters the house.
Marta stays in the room.
Francisco Javier is there, calls him,
and he goes over
to talk to Francisco Javier,
who's in the background.
And they start to hang up laundry.
During that conversation,
when they're hanging the clothes,
Francisco Javier says to him,
"You're not paying the mortgage bill."
He says that Francisco Javier
became violent,
that he started hitting him,
and he ran away fleeing
with the intention of leaving the house,
but he was chased into the hallway.
Then Marta tried to help Miguel,
jumped on Francisco Javier,
who was on his back at that moment.
Francisco Javier left Miguel,
took out a gun from his belt,
and hit Marta several times in the head
with the butt of the gun.
And Marta fell
into Miguel Carcaño's room, dead.
And he says that Javier asked him
to take him on his motorcycle
to the house on Tharsis Street
where his ex-wife lived.
Once he was there,
Javier Delgado took the vehicle -
his ex-wife's car -
and he went back to León XIII
with that car.
They begin to deal
with the body of Marta del Castillo.
The buzzer rang, and Miguel,
without thinking, opened the door.
He opened it, "El Cuco" came in,
and "El Cuco"
found Marta del Castillo's body there.
He saw Francisco Javier and ran away.
Francisco Javier let it go,
and they end up loading the body
of Marta del Castillo
in their mother's wheelchair.
They took the body outside,
put it in Rosa's car...
He said, "Follow me on the motorcycle."
The motorcycle followed the car.
They went with the car, turned left,
arrived at some kind of ditch
where the car wouldn't go,
threw Marta in,
and threw debris on top of her.
Miguel Carcaño pointed out this area,
but not to a specific spot.
He only talks about a ditch
and bricks and debris.
POLICE
The latest version, well...
I am sure that it's a lie.
Do we believe the first version
and it was the river?
Do we believe it was the landfill?
The farm?
I don't know.
I don't know.
What can I say?
It hurts.
It hurts that someone
you've lived with for 17 years
has such a bad heart,
and I'm not only talking
about what he's done,
but about what he wants to do to you.
In this case, me, right?
So, that hurts a lot.
A lot.
MARTA ISN'T IN MAJALOBA, EITHER
POLICE SEARCH ENDS AFTER 3 DAYS.
GOVERNMENT KEEPS CASE OPEN.
He accused his brother
of being responsible for Marta's death,
but today the judge has closed the case.
He said
that this latest version
was inaccurate, implausible, fanciful,
and, at times, even nonsensical.
In short, a devastating ruling
that not only attacks Miguel Carcaño,
but also the judicial police,
stating that they've gone too far
in investigating Carcaño's brother
for an act he has already been tried for.
One of the things
the police tried,
because they were desperate
to find the location of Marta's body,
was to test Miguel Carcaño
with a device called "P300."
It's based on the impressions
caused in the brain by a series of images.
Murderer!
MARCH 6, 2014
There,
you can see Miguel Carcaño
upon his arrival
at the Miguel Servet Hospital in Zaragoza,
where, this afternoon,
he underwent the so-called "truth test,"
a neurological test
to check how his brain reacts
to certain images related to the death
and disappearance of Marta del Castillo.
It's the police's latest attempt to
find out where the girl's body is buried.
LOCATING THE REMAINS
OF MARTA DEL CASTILLO
FOUND IN LANDFILL
PAST THE OLD BRIDGE TO CAMAS
MARCH 8, 2014
The police have informed
the family that they have located
some bone fragments
that, pending analysis,
may be those of Marta del Castillo.
I came
when they called me.
- Sure.
- I jumped out of bed and came to Camas.
POLICE
You can imagine how I was.
I couldn't see anything.
I couldn't see anything, nothing.
I was so nervous.
The police told me, "Antonio, calm down.
We're going to analyze it."
BONES FOUND IN CAMAS...
WERE NOT THOSE OF MARTA DEL CASTILLO
Those continuous searches,
motivated by Miguel's statements...
The facts should have been investigated
before proceeding with the search,
but everyone was in a hurry
to find the body.
It's not Miguel's fault.
It's the fault of those
who were running around
and searching in places that were possible
and that should have been checked before.
But now they're searching
and wasting money.
With everything that's been done,
the P300...
I don't know if I can say it or not,
but anyway...
It's been a while since it happened.
He was given hypnosis tests,
and I was there.
A psychiatrist
or a police technician hypnotized him.
The only thing that was left to be done
was to bring in a psychic.
So, with a psychic
and a photo of the deceased young woman,
they tried to...
find the corpse, I mean.
It seems that the police,
who are desperate,
thought, "Well, let's give it a try."
Yes, in the case
of Marta del Castillo,
the participation of psychics
has been brutal.
I know there's a box
in the police station in Seville
that has a label that says: "Psychic."
POLICE USED A PSYCHIC
IN THE MARTA DEL CASTILLO CASE
SHE SUGGESTED PLACES
WITHOUT ANY SUCCESS
FEBRUARY 24, 2017
8 YEARS AFTER MARTA'S DISAPPEARANCE
It was twelve o'clock
in the morning or so,
and I said to my wife,
"Let's get it over with."
I came here, to the prison,
to Herrera de la Mancha.
What could I lose?
I'd already lost everything.
I was thinking, "What do I do?
Should I shake his hand?"
"Should I greet him?" So, I had...
I had to greet him and shake his hand.
His attitude was, well, depressed.
I think he was more nervous than I was.
And my first words to him were,
"Where is she, Miguel?"
And at the end of the interview,
he told me about the mortgage.
I, MIGUEL CARCAÑO DELGADO,
AUTHORIZE MR. ANTONIO ABAD DEL CASTILLO
TO REQUEST AND RECEIVE
THE DOCUMENTATION AND AMOUNT
I DEPOSITED
FOR THE MORTGAGE I APPLIED FOR
MORTGAGE
FEBRUARY 2017
The world's fourth
largest investment bank goes bankrupt,
engulfed by the subprime mortgage crisis.
The economy
is clearly in recession in 2009.
Undoubtedly,
it's a year of economic crisis.
- Crisis...
- The effects of the crisis...
...international crisis.
...the subprime mortgage crisis.
The 2007-2008 crisis
is known as the subprime mortgage crisis.
So, subprime mortgages are those mortgages
that had a high probability of default.
Good afternoon.
This is a message for Mr. Francisco
Javier Delgado Moreno regarding his loan.
Please contact Finconsum urgently
by calling 90...
This is a message
for Francisco Javier Delgado Moreno.
I'm calling from Intrum Justicia
to discuss the debtor's position
with Unoe Bank.
León XIII belonged
to Francisco Javier and Miguel.
They'd inherited it from their mother.
The house already had a mortgage on it,
and so Francisco Javier,
who desperately needed money, said,
"Hey, let's do something. Let's take out
another mortgage on the house."
UNILATERAL MORTGAGE LOAN
MR. MIGUEL CARCAÑO DELGADO
"THE DEBTOR"
Who did he pull into this mess?
Miguel Carcaño.
Did Miguel Carcaño have a job?
No.
Who knew better than anyone
that he didn't have a job?
Francisco Javier. And yet he told him,
"Ask for another mortgage."
For Miguel Carcaño,
this operation
was like getting under a mountain.
because he wasn't going
to be able to pay for it.
It would have been miraculous
if he'd been able to pay for it.
So miraculous that
he didn't pay for it the first month.
In the first month, he stopped paying.
Payrolls were forged.
Employment records were forged.
This was a scam. They falsified documents.
DATE
THE DOCUMENTS USED TO DRAW UP
THE MORTGAGE WITH BBVA ARE FORGED
Who wants the credit?
Who benefits from the credit?
Francisco Javier. And Miguel Carcaño
appears in the document.
Who has committed the crime of forgery?
Miguel Carcaño.
What did Miguel gain? Nothing.
All this leads us to a conclusion
that is Miguel Carcaño...
At least, we can prove that
at the beginning of his seventh version,
he is telling the truth.
Is it objective to think that on the 24th,
the conversation could have taken place?
Yes.
Let's see...
Did that discussion exist?
Yes. Not the way he describes it, no.
At no time did I hit him
and it certainly wasn't on the 24th.
NAME
FEBRUARY 16, 2009
THEY SPOKE ABOUT MATTERS
CONCERNING PAPERWORK
RELATING TO THE HOUSE
Here's a timeline
that could have taken place on the 24th.
On January 22nd,
some money comes in precisely
to pay that delay in the mortgage.
On the 23rd,
there are no calls between you two,
and the first time you meet
after that payment, it's on the 24th.
I insist, on the 24th
I'm sure that I didn't discuss that
because I didn't talk to him
for more than two minutes.
I talked with my mom,
and I said, "Mom,
I know about the tax fraud."
"Miguel told me about it."
And she said,
"Tell them. Tell the police."
10:30 ON 28/01/09
In the interview, I say,
"Look, I don't know how valid
this is going to be, but I know this."
APARTMENT - SCAM
When I tell them,
there's no interest in digging into it,
in, "Hey, let's see if it's true
and there's something
that we can investigate a little bit."
Nothing.
POLICE HEADQUARTERS
The downside is that there
are many things that are prescribed.
The police report itself says so.
FROM: MIGUEL,
FRANCISCO JAVIER AND ANTONIO
But when Miguel Carcaño
talks about the mortgage,
when Alejandra talks about the mortgage,
that was not prescribed.
COURTHOUSE
Today, in 2021,
the judge has decided to archive
the case against Francisco Javier Delgado,
for the mortgage issue.
The prosecutor says
that because he's already been tried,
he cannot be tried again.
He doesn't want to keep investigating.
APRIL 2021
Hi, Paula. There is something
that's caught our attention a fair bit.
We're reviewing the police investigation
of the cell phones,
the calls, their reports...
We've watched the trial,
and we've seen that there's a lot of
information missing around the antennas.
If you look at the reports,
the locations are placed in an antenna,
with geographic coordinates.
The information that's provided
should be much more specific
within that antenna.
So, within the radius of the antenna,
it should tell us specifically
where the call was made,
where the SMS was registered...
I don't know why
that information is not there.
What type of information
is reflected
in the mobile telephone summary?
These are the records of the antennas
where the numbers
of the investigated in this case
made calls, received calls,
or sent or received messages.
The level of detail of the information,
from a technical point of view,
is relatively sparse.
CALL LOG
FOR MARTA DEL CASTILLO'S CELL PHONE
The point is that
there is a lot more information
that can be used or could be requested.
It shocked me
because I assumed
someone would have analyzed this.
We are technicians
in the telecommunications area.
We work with the data conservation
and relations with telephone companies.
All we do is provide reception.
Is everything correct?
Was it what was requested? Is it complete?
And we do this control management.
We did not make an analysis.
Specifically, in this case,
there was no study of these calls.
In 2009,
all these logs that were missing
for a more in-depth analysis
already existed.
NATIONAL POLICE CORPS
FORENSIC DEPARTMENT
At that time, all the data was recorded
if the phone had signal coverage.
It didn't need
to receive any text messages,
receive any calls, or anything else.
Simply, the phone was switched on
and it was connected to the line.
So, it's very important
to know that with this data,
you could know what the movements were
simply because the phone was online.
Therefore, if, at any given moment,
they moved to hide Marta's body anywhere,
this recorded data would make it possible
to say where they had been.
So, Manuel,
I mean, if they moved
carrying their cell phones,
would we have that information?
Yes.
But, obviously,
of all those devices at that time,
the only one that would be kept,
in theory, is that of Miguel Carcaño.
His personal effects
would be kept in prison.
It would be the last device
where you could go
to look for this type of information,
in case the CDs of the raw information
of the operators did not appear.
That would have been very important
to have from the first moment.
COLLECTION OF PHONE DATA
FOR MARTA DEL CASTILLO'S MURDERER
CARCAÑO'S PHONE TO BE COPIED TO KNOW
HIS MOVEMENTS THE NIGHT OF THE CRIME
Hi, I'm Paula,
the director of the documentary.
Hello. How are you?
I saw your message.
Manuel, I wanted to tell you
that they're going to give us
the CDs with the raw data
and Miguel's cell phone for analysis.
Awesome!
- We'll proceed!
- Let's go for it!
Nacho, we're going to focus
on one of the people involved,
Francisco Javier,
Miguel Carcaño's brother.
If you remember, he was acquitted
as a collaborator in the crime.
It's an image
from a security camera, recorded -
look here -
in the building where
Francisco Javier's ex-wife, Rosa, lives.
That is, these are the security cameras
at the building
where Miguel's brother's ex-wife lives.
Images of that night,
of the day on which Marta del Castillo
disappeared and was murdered,
January 24th.
And we are talking
about 8:57 at night. 8:57 p.m.
See here. The National Police
believe that this is Francisco Javier.
CAMERA 2
There's some security camera footage.
If we could see it,
if the quality was better,
what would we see in those images?
That footage
from the security camera...
It's curious that
the time stamp of the images
is exactly when
they want to place me there.
I went out at 11:30 at night.
Aren't the images of 11:30 there?
To compare my real departure, 11:30,
with the one where they want to place me,
which was at 9:00 or...
I don't remember it well.
- If footage existed...
- I'll say it again.
At 11:30, you should see me leave,
not at 9:00.
But those images don't show up.
The ones from 9:00 show up,
but not the ones from 11:30.
IN VERSION SEVEN, MIGUEL SAYS HIS BROTHER
TOOK THE CAR FROM HIS EX-WIFE'S HOUSE
DO YOU REMEMBER THE SECURITY CAMERAS
IN THAT NEIGHBORHOOD?
OF COURSE. THEY WERE REJECTED
AT COURT BECAUSE OF THEIR POOR QUALITY.
WELL, WE HAVE THEM. ALL FOUR CAMERAS.
CAN WE ANALYZE THEM?
The problem with the videos
is that they have very little definition.
We've scanned the site.
We've obtained a 3D model of the site.
We identified
each of the points in the image
with the topographically
obtained points there.
And we're getting a measurement
that's a faithful representation
of what's there.
If he passed near these cameras,
we will get a reference of a person
with his physical characteristics
passing by at that time of day.
What were you wearing that day?
No idea.
I mean...
I don't know.
A black jacket, for sure.
- Hello, Marcos.
- Hello, Ricardo.
Tell me... What do we have?
What we've discovered
is that there's a one-hour time lag.
They were recording
in daylight savings time.
Do you mean
that all analyses that were carried out
of this CCTV footage, up until now,
haven't taken this time lag into account?
They're wrong?
Yes. I mean,
they've been looking at the wrong times.
What do we have
in the time span that he's given us?
Arrival at around 9:00 p.m.
Departure at around 11:30 p.m.
During the time span
that he's given,
at 8:40 p.m., which
is the correct time in the actual footage,
or 9:40 p.m.,
the time that was documented,
we see a person coming in.
I'm watching it now...
And then at 11:49 p.m.,
the correct time in the footage,
a person leaves who's dressed
more or less in the same way.
- The one with the white bag?
- Indeed.
So, the problem is that,
as of today,
with the logs we have
of his calls and locations,
it doesn't make sense.
Sure, he has to be
on León XIII Street at 8:41 p.m.
And at 11:45 p.m.,
he has to be at Dseda Bar.
At midnight, he gets a call
from a location on Luis Montoto Street.
The hours don't make sense.
LUIS MONTOTO STREET
Is there anyone
who fits his description
outside the times he's given
for his departure and arrival?
Yes.
REAL TIME
At 9:05 p.m., the correct time,
we have a figure that also matches
the physical characteristics
of this person.
They're dressed in black,
with a big coat, and so on.
REAL TIME
At 11:30,
you should see me leave, not at 9:00.
JANUARY 24, 2021
Today is January 24th, 2021.
Today is the anniversary
of Marta's disappearance...
or murder.
Three weeks ago, a letter
was dropped in my father-in-law's mailbox.
The letter is addressed to me
and it's anonymous,
and it comes with a location
that is absolutely possible,
reasonable and coherent.
And that was it.
Why is it so important
to recover my daughter's body?
I can't imagine my daughter
is just lying around anywhere.
We must know where she is,
so someday we can,
if we want, bring her flowers
because we know where she is.
I can accept that she is dead, yes.
I ended up
accepting that she's dead, okay,
before my husband did.
I don't know if my husband...
I don't know. Even today, he might...
Maybe he still hopes
that the girl could be alive somewhere.
But I rise up...
And I get angry and...
And I cry, and I get furious
because I don't know where she is.
Moving forward
is what keeps me going.
Moving forward, the searching,
going here and there and...
But I will continue doing it.
I will continue searching
and informing the police
if I consider it to be necessary.
And if I don't,
I'll look for her on my own,
or I'll search for her as well.
For me, the kitchen window
is a very special frame.
Because...
I used to look out of that little hole
in the kitchen window
to see her coming,
and I have her image in my mind.
And,
I hope I never lose that image,
because it's a way
of remembering my little girl.
The light in the kitchen
always stays on.
For 12 years, that light
has been on every night,
and it is the beacon
that means this is her home.
Due to the initiative
of the documentary filmmakers,
the Investigation Court No. 4 in Seville
has presented evidence
to a legal expert for analysis.
Among this evidence
is Miguel Carcaño's cell phone.
The judge requested
that the phone companies provide raw data
of the phones belonging to the accused:
Miguel Carcaño, Francisco Javier Delgado,
Samuel Benítez, María García Mendaro,
and "El Cuco."
This raw data will be used to recreate,
with the greatest detail possible,
the movements of those involved,
on the night of Marta's disappearance.
Today, Miguel Carcaño's cell phone
is still being analyzed,
and the raw data is yet to be received.
None of this had been carried out before.
Subtitle translation by: Leyre Bastyr
this letter through Paloma or Mónica.
What they ask you to do,
I have told them to ask you,
so you have to do it.
I haven't rested for four years,
and I can't take it anymore.
I've proven that I would never betray you,
but Marta has to appear.
I've told them where she is,
but they can't find her,
and I can't confess
or else I'd make your situation worse.
So you have to help find her in secret.
If you don't help me,
you leave me no choice but to talk
to the judge and tell everything.
I'm going crazy and this has to end.
Only if Marta shows up will this end.
Greetings.
I hope you come to your senses
and put an end to all this.
JULY 19, 1991 - JANUARY 24, 2009
SEVILLE
A NETFLIX DOCUMENTARY SERIES
"EVERY ONCE IN A WHILE, TELL THE TRUTH
SO THAT PEOPLE BELIEVE YOU WHEN YOU LIE."
MARCH 24, 2011
- Hello.
- Hello.
First of all,
after having received the news,
I would like to thank the judge
for adding to our pain and anger
with the decision they made,
because this is an obvious injustice,
as we consider
this sentence to be very unfair.
Murder seems
to be an easy thing to do here.
And that makes me
no longer have faith in justice,
or at least in courtroom justice.
At this point,
I can only hope for prison justice.
The verdict
for "El Cuco" leaves no one satisfied.
And when I say that no one is satisfied,
I'm not only referring to Marta's family
or the prosecution,
but also to the judge himself.
The magistrate, Alejandro Vian,
sympathizes with Marta's parents.
He says that he understands them
as a father, as a good citizen,
but that his job as a judge
is to comply with the law,
and he says
that there is a lack of evidence
proving rape and murder took place,
in a case in which the body
has not been found.
Who or what has failed here?
COURTHOUSE
The judge
has convicted him of concealment
but not murder and rape,
as requested by the prosecution.
The judge thought
there was insufficient evidence
to convict him of murder and rape.
The judge understood
that the DNA traces of "El Cuco"
only prove that he was
at the scene of the crime,
but not that he participated in it.
He could have even gone free
and without charges
if the prosecution
hadn't asked at the last moment
that unlawful concealment be considered,
which is why a three-year sentence
was delivered.
What this made us think
is that this trial,
which has always been said to be a prelude
to what is going to be the other one...
Well, now we can expect
what will result from the other one.
COURTHOUSE
The trial for the disappearance and murder
of Marta del Castillo begins.
The four adult defendants,
the main one being Miguel Carcaño...
Three years of uncertainties,
of questions,
of contradictory confessions.
We're witnessing a case
that has shocked
the Spanish and Andalusian public.
20 sessions in court,
90 witnesses, 14 experts,
6,000 pages of summaries
and 150 journalists
from 40 different media outlets,
in one of the most controversial
cases of recent times.
Due to all kinds of circumstances,
procedural circumstances...
MARTA'S FAMILY'S LAWYER
...the enormous pain of the family,
the absolutely spectacular interest
it produced in public opinion,
for so many reasons,
it had nothing to do with any trial.
And that's why it's difficult
to compare it to any other case.
It was the first time
that the police called me to go to court
and asked me if I wanted a police escort.
In fact,
I remember that some lawyers
were literally attacked with oranges.
He should say where Marta is!
Don't defend him.
Hey, how are you? Do you feel hopeful?
Well, we're cautious, okay?
After the disappointment
we had in the first trial,
we were really worried,
because even though the police assured us
that the evidence incriminated him...
MARTA'S FATHER
...well, we didn't trust them anymore.
Murderer!
How do you intend to plead?
Son of a bitch!
Samuel, how do you feel?
Three of the accused
arrived by foot to the provincial hearing.
The main defendant, Miguel Carcaño,
arrived from prison in a police van.
The focus
is now on the judicial statement
provided by Miguel Carcaño,
the confessed perpetrator of the crime.
Let's find out what version
Miguel Carcaño will give.
Miguel Carcaño has given
more than ten statements
to the police and the court.
Ana Rosa,
he's given six different versions.
Listen to Marta del Castillo's
confessed murderer.
Mr. Carcaño, please stand up
and sit in the chair in front of you.
FOR MURDER, SEXUAL ASSAULT
AND CRIMES AGAINST MORAL INTEGRITY
Whenever you're ready.
Yes,
with the permission of the court,
Miguel,
please take yourself back
to January 24th, 2009.
It's true that you met Marta, isn't it?
- Yes.
- What happened?
We were in the bedroom arguing
because she wanted me
to leave my relationship.
What you're trying to tell me
is that Marta wanted to resume
the relationship with you, I assume.
Yes.
We were gesturing a lot, both of us.
Then, I was nervous, or whatever.
I don't know what happened to me.
I was holding the ashtray.
I picked it up and I hit her.
She fell to the floor,
and that's when I got scared.
I bent down,
and there was a little blood on her head.
And did you check
to see if it was just a blow,
if it was something else?
I remembered I had
a blood pressure monitor in the bathroom
that belonged to my mother,
and I put it on her,
and she didn't have a pulse.
NATIONAL POLICE CORPS
What happened after that?
I didn't know what to do,
and at that time, the minor arrived.
I told him to call Samuel.
At that moment,
he couldn't find his cell phone,
so he went outside to call from a booth.
And how long did it take
for him to come back?
The minor didn't take long.
Not very long. Five minutes or so.
And Samuel arrived
after about a quarter of an hour or so.
Did they say how
they got there, if they arrived by car?
- Samuel arrived by car.
- When did you see that car?
When we took the body
out of my house.
How did you do that?
We didn't...
There wasn't a lot of blood.
So we put her in the wheelchair
and took her straight to the car.
And where did you go?
I don't know. I went back home
and stayed there cleaning my house.
RECONSTRUCTION
On March 16 of that year,
you made a new statement.
Yes.
Is it true
that in that statement,
you implicated the minor
in Marta's death?
Yes.
Why did you say that,
when it is absolutely contradictory
to what you have just told us here?
The minor had accused my brother.
He implicated him.
And since he accused my brother,
I testified in order
to accuse him of more crimes.
And that's when Javi
put the knife to my neck.
Did you make it all up?
Everything related
to the rape, yes.
- Is the knife a lie?
- Yes.
Miguel, why have you given
so many different versions
about where Marta's body is?
Because I don't know where it is.
Did you intend
to kill Marta when you hit her?
No.
I know that I hit her,
but I did not
take the body out of my house.
I don't know where it is.
No further questions, Your Honor.
Barely stirring, unfazed, and calm:
this was Miguel Carcaño
on his first day of testifying
in the Marta del Castillo trial.
People are shocked and outraged,
especially because of how calm he was
while he was developing a version
that combines some of the versions
he has previously given,
but this one could benefit him the most.
But let's begin that exclusive interview
we have with Miguel Carcaño's lawyer.
Let's listen to it.
I requested a reckless homicide.
And I requested
a three-year imprisonment sentence,
because Marta's death was the result
of an argument and a blow,
a tragic blow, let's say,
caused by Miguel with the ashtray.
Paloma, according
to your argument for reckless homicide,
when would Miguel Carcaño be released?
He would be released immediately.
Disgusting! Pig!
Every time I go
to court and people start yelling,
I get mad,
but, actually, I like it,
because I can say, "You assholes."
It does the opposite
because it gives me more strength:
"Really? I'm more stubborn
than you, you bastards."
When the truth
comes out, people will be shocked.
Many things have yet to come to light.
FOR CONCEALMENT
AND CRIMES AGAINST MORAL INTEGRITY
Samuel, yesterday you
listened to Miguel Carcaño's statement.
Yes.
Everything he said regarding
your involvement, is it true or not?
It's a total lie.
Why have you made
these statements, not once but twice?
At the time of my arrest,
I was being told, step by step,
everything I had to say,
while they were grabbing my neck
and hitting me in the face and chest.
They told me
that either I had to incriminate myself
or they would go after my parents
and after my partner at the time,
Estefanía.
NAME
HIS TIME IN POLICE CUSTODY
FEBRUARY 16
WHILE IN POLICE CUSTODY,
HE WAS ASSAULTED BY OFFICERS
How many police officers were there?
Do you remember?
- During Samuel's statement?
- Before he made it.
He was brought up
from the cell by two colleagues.
I don't know who.
CHIEF OF JUVENILE POLICE UNIT
Many defendants speak
of being coerced in interviews.
What's your opinion on that?
Well...
GOVERNMENT DELEGATE
I don't know.
But what I do know is
that this accusation
is made often, in thousands of cases.
Immediately, they say,
"The police made me...
The police made me..."
No. Evidence is evidence.
- What are your qualifications?
- Prison health physician.
Did you treat Samuel Benitez?
Mm-hmm.
He had a bruise on his right arm
on a slightly swollen base: an edema.
- Yes.
- And a bruise.
Mm-hmm.
MEDICAL REPORT FOR INJURIES
TRAUMAS RELATED TO HIS ARREST
PRESENTS THE FOLLOWING INJURIES:
EDEMA AND HEMATOMA
At some point,
did the cell phone towers
place Samuel at León XIII's home,
the night of the events?
No.
Is there any other
type of genetic profile
found in the home of León XIII
that implicates Samuel Benítez
in the events?
No.
Are there any fingerprints found
that implicate him in the events?
No.
Is there any DNA
found on the clothing
he wore that night
that implicates him in the events?
No.
CHIEF OF THE JUVENILE POLICE UNIT
Apart from his confession...
is there any other evidence
that incriminates him in the events?
Science-based? No.
SUBJECT: REFERRING
TO ITEMS OF CLOTHING AND FOOTWEAR
THE SEARCH FOR, STUDY, ANALYSIS
AND SUBSEQUENT REPORT
ON SAMUEL'S CLOTHES AND SHOES
CANNOT FIND
ANY CRIMINALLY RELEVANT STAINS
CANNOT FIND
ANY CRIMINALLY RELEVANT STAINS
CANNOT FIND
ANY CRIMINALLY RELEVANT STAINS
Did you get a call at 11:34
from Marta's mother
asking you what you knew
about her daughter?
No.
- You didn't?
- I didn't get any calls.
PRIVATE PROSECUTOR
Mm-hmm.
In the trial,
it's shocking, very surprising...
The prosecutor's reaction
when they ask Samuel
about the call at 11:34 p.m.
that he gets from Marta's mother,
from Eva,
because that call was registered...
JOURNALIST
CALL LOG
Eva, Samuel said in court
that this call that you made at 11:34,
lasting 1 minute, 14 seconds,
didn't exist, you never called him.
Well, I have the bill,
where all the calls
I made that night are listed.
So, Samuel is lying.
I CALL SAMUEL...
I call Samuel.
I say, "Hello, Samuel.
I'm Marta's mother."
"I know she's been with Miguel."
Then he says, "Yeah, I talked to him."
"He told me
that he left Marta at midnight."
Then, I noticed
how my husband goes like this...
He says, "It's not twelve yet."
But how could he possibly know
that Miguel left your daughter at home?
Samuel,
did you receive on the 24th at 9:24
a call from the minor, from a phone booth?
I don't know where it was from,
but it was from the minor, yes.
What did the minor tell you?
That he was out
drinking in a park
next to the San Pablo Sports Center,
and that if I went to Seville,
we would meet up and sleep at his house.
That was the end of the conversation.
I guess, in the call
that "El Cuco" made to Samuel,
he told him what he had seen,
and what had happened
in the apartment at León XIII.
See, Eva, I'm telling you this with love,
that the only thing a court can do
is convict with evidence
that the prosecutors give them.
That is to say, the court only
handles what is put out on the table.
I'm really shocked when I see this board,
when I see this evidence,
in relation to the people who were there.
It shows that Samuel is lying.
Did your attorney,
your private prosecution,
bring this evidence to the courtroom?
Did the Public Prosecutor's Office
bring this evidence to the courtroom?
In this case,
where we basically had a prosecution
with a totally impeccable performance,
the private prosecution ends up
being a little behind, so to speak.
So we were in a relatively
comfortable position at trial, okay?
I believe that they shouldn't have gone
hand in hand with the Prosecutor's Office,
not because the Prosecutor's Office
did it wrong or failed to do it right.
We don't assume that.
But because the interests of the family
are not those of the Prosecutor's Office.
And finally, Samuel,
where is Marta del Castillo's body?
Well, I don't know,
Mr. Prosecutor, and if I may...?
No,
I'm just asking you where it is.
If you don't know, I've finished.
Okay.
Your name, please.
Eva María Casanueva Núñez.
The Public Prosecutor's Office
may ask questions.
With the permission
of the court. How do you feel right now?
Well, I'm really depressed.
Because it's very important to me
and necessary
to recover what's left
of my daughter's body,
to have at least that peace.
That way, I can live with the grief
for what they have done to her.
Mrs. Núñez,
is it true that every version Miguel gave
about the fate of your daughter's body
was a tremendous
humiliation or indignity for you?
An endless torture.
To think that your daughter
has been missing for 21 days,
that you don't know if she is well,
if she is okay, if they are hurting her...
They tell you they killed her,
then my husband told me...
He said, "Don't worry, she didn't suffer
because it was just a blow."
And then I have to hear
that she was raped.
And then I have to listen
to another version,
in which they say she was strangled.
Every time
there's a different version, well,
it depresses you more and more, right?
I always tried to keep my composure,
because I said,
"I don't want them
to see me break down, to see me cry."
Because I...
Maybe it was just a feeling, okay,
but I thought that they were
kind of gloating over that suffering.
And I said, "No."
"They have to see
that we are strong parents,
and that they are not going
to see us weakening."
Good morning. Please take a seat.
When I sat down to testify
after seeing their faces...
Because I had never had the chance
to see those people's faces.
That's the memory I have of them.
It's the memory I have.
At what time did you get
to the apartment at 78 León XIII?
I got there at about...
12:30 or 12:45 or 12:40 or so.
- Were you alone or not?
- Alone.
Did you knock on the blinds?
Did you try to lift them?
Did you see any light?
No. I...
I first looked to see if there was light,
and saw there was no light behind them.
Then,
I knocked on the blind.
Were those knocks
you made on the blind
too quiet to be heard from the inside?
Could it be that they weren't heard
from the inside?
No, no. I knocked hard enough
to be heard from the inside.
Mr. Antonio,
another question: how do you feel today?
Well, to tell you the truth,
I'm desperate to find my daughter.
You live with that every day. Well...
In a state of uncertainty
and thinking about the logical thing,
about finding her,
and racking your brains
about the different versions
that he gave...
I...
On the one hand,
you're eager for him to say something,
but on the other hand,
it could be just another lie.
And you don't want to get your hopes up.
I don't know.
It's like a continuous daily struggle.
In a few seconds, court will resume.
Now we'll see
Francisco Javier's girlfriend,
María García, on the bench.
She'll say what happened that night.
FOR CONCEALMENT
AND CRIMES AGAINST MORAL INTEGRITY
María,
did you have keys to León XIII?
Yes, Javi gave them to me...
- When?
- At 11:30.
That's why we met up.
I've only been there alone one time,
which was that day.
Normally, I always went with Javier.
I never went alone.
Maria, is it true
that at about 12:30 that night,
someone knocked on the outside
of the living room blind?
I didn't hear anything.
- You didn't hear anything?
- No, no.
Did you have
the living room light on?
Yes, I can't study
with the light off...
One last thing, María.
Where is Marta del Castillo's body?
- I don't know.
- No more questions.
Look, it's Francisco Javier.
According to the prosecutor,
Francisco Javier Delgado
is the mastermind,
the one who devised
how to get rid of the body.
Today,
Miguel Carcaño's brother
experienced his most intense moment.
People wanted
to see his face at all costs.
Son of a bitch!
Yes, you!
Son of a bitch!
There was one thing
that caught my attention,
which was that the brother
was exempt from any kind of penalty
in the case of a cover-up,
according to Spanish law.
Being his brother,
he cannot be convicted for concealment,
which is the funniest part.
He can't cover up for a relative.
By that, I mean
that his conduct will go unpunished.
COURTHOUSE
The old laws regarding
the active cover-up,
not only not failing to report a crime,
but also doing related activity,
is another of the criteria
that should be considered
for legislative reform.
Mr. Delgado,
it is your turn for questioning.
Please take your seat.
CONCEALMENT, MENACING,
CRIMES AGAINST MORAL INTEGRITY
Francisco Javier,
please try to remember
the day of Marta's disappearance.
Is it true that
at approximately 8:00 to 8:30,
you heard the front door?
Yes, only my brother and I
had a key to the house,
so if I was inside,
the only one
who could access the house was him.
Good.
I asked him
if he was going to be around for long,
because when I came out of the bathroom
after taking a shower,
I had missed a call from María.
I called her back and she...
Excuse me,
didn't you call María three times?
I don't remember.
I guess you have that info
in the log of my phone calls.
Yes.
CALL LOG FOR FCO. JAVIER DELGADO
TIME
On the way to the bus
or leaving the house,
I call María,
telling her that my brother
had told me that it wouldn't take long,
that there was no problem
with her staying there to study.
LEÓN XIII STREET
FCO. JAVIER CALLS MARÍA
Miguel Carcaño said
in his statements that that night,
Marta received a call.
She received a call on her cell phone
from her friend Cristina,
and he hung up that call,
which lets us deduce that Marta
might have already been dead at that time.
MIGUEL REJECTS CALL ON MARTA'S PHONE
And did Marta's phone
give a signal? That is, did it ring?
Or did it appear to be out of range?
Yes, it rang. It rang.
It rang.
But then I called back, and they hung up.
And the next call, they turned it off.
WITNESS
The call where they hung up,
approximately, at what time
did that take place?
CALL LOG: MARTA'S CELL PHONE
I don't know.
It would be eight... Twenty past eight.
Later than 8:20.
Miguel Carcaño's brother,
Francisco Javier...
If you see these lines,
his phone places him in León XIII.
If he's in León XIII, as we go up,
he witnessed Marta's crime,
or at least he was in the same place
where Marta was killed,
because at 8:28, according to the police,
Marta, represented by a cross, was dead.
When you left the apartment,
where did you go?
I went
to the line 2 bus stop
close to the León XIII apartment,
to take the bus,
and I went to Tharsis Street,
where I had arranged to meet my daughter.
You had arranged
to meet your ex-wife, Rosa, right?
Exactly.
You stayed approximately
between two and a quarter
and two and a half hours
inside Rosa's home, right?
From 9:00 to 11:30.
I might have left
even a little after 11:30.
Is it true that you arrived
at approximately 11:45 at the pub?
Yes, it's possible.
I remember
that it was before twelve o'clock.
Do you remember if any
customers came in from 1:30 to 3:00?
I don't know.
It must be in the till receipts.
I don't know.
DSEDA BAR
Isn't that unusual?
We have the receipts you provided.
You made only 25 euros that night.
RECEIPTS DURING FCO. JAVIER'S SHIFT
Yes.
Isn't this
a very small amount for a Saturday,
in a bar in Seville?
Yes, it was a very slow bar.
I mean, I'll say the bar was a disaster.
There's audio evidence
that contradicts that.
Tell me...
Dude, what's up?
- What's up, dude?
- How are you doing?
Good, good. Well enough.
So, how did it go?
Well, there was
about 280 or so in the register...
That's great!
And I've made
100-something today.
- How much?
- 100-something.
FCO. JAVIER CALLS HIS EMPLOYEES
- How much yesterday?
- 484. Best night of the year.
Fucking awesome.
That's great
for one night then, isn't it?
At least 500 euros, right?
- More or less.
- Wow. Fucking great, man.
DSEDA BAR
DSEDA CAFÉ
Where did you go after closing?
To a bar called Mínimo.
Did you check
or go to the bar Mínimo
to see if the bartender
saw Francisco Javier that night?
CHIEF OF GRUME
- No.
- No...
Let's move on to Sunday.
When was the possible
opening time of the bar?
Well,
the opening hours we have...
Let's see,
if it wasn't open in the morning,
it might have been opened
for coffee in the afternoon.
Might have been opened
by four or five o'clock in the afternoon.
You opened
at 10:52 p.m. that Sunday.
ARMING AND DISARMING OF ALARM
It's possible.
With everything,
it's striking on that day...
Just that day...
You can see why we're shocked...
But why does it shock you?
You have to check
the other days I worked there.
So you can see the difference.
You can...
If you want, you have to take a sample.
This is like everything in life.
I mean, you can't see one thing.
You have to see many of the same things
to know if it's normal or not.
ALARM DEACTIVATION
JANUARY 2009
- You asked for a sample, didn't you?
- Go on. Tell me.
So, during
all that month, on Sundays,
you open at 12:27, 1:04, 12:36.
We reach the 25th day
and you open at 10:49 p.m.
How long was the bar open?
- Two hours.
- Two hours.
DEACTIVATION
ACTIVATION
Well, maybe I went
to have a drink myself.
It's my bar. I can go any time I want
whenever I want.
And the till was locked, right?
You always locked it?
Sometimes
we didn't lock the till.
How could it be
that the till that day
was locked at 12:47,
at 12:47 a.m.,
when the bar had the alarm on?
What, what, what?
How can the till be locked
on the 25th at 12:47 a.m.
when the alarm is on and no one is there?
No, it's not possible.
If the alarm is connected,
you can't be inside the bar.
The alarm would go off.
Then how do you explain
that these documents say that?
I don't know.
UNTIL 25/01/2009 - 12:47
22:49:52- 25/01/2009 - DEACTIVATION
With permission of the court.
Joaquín, do you know Fco. Javier Delgado?
Yes.
Isn't it true
that you were partners in a pub in 2009?
Yes.
On the day
that Marta del Castillo disappeared,
is it true that that night,
the till was not locked?
Is it true that you checked this,
that the till had not been locked?
Yes, the till was open.
PART OWNER OF DESDA BAR
WITNESS
Isn't it true
that it's not possible
to alter the drinking time
on the printed POS receipt?
- It's possible.
- To change the time?
Yes.
New developments
in the Marta del Castillo investigation
which focus on the brother
of Miguel Carcaño, Francisco Javier.
To the family,
he has always been the mastermind
behind the disappearance of Marta's body.
They have no doubt about it, Susanna.
It turns out that a security camera
recorded Francisco Javier.
That is the doorway, the house
where Francisco Javier Delgado went,
according to his statement,
to spend part of the night
with his wife and daughter.
That is where the video camera
that recorded that image is.
It recorded Francisco Javier leaving,
but pay attention
to what happens at 9:15 p.m.
Watch, because he doesn't
even stay in that house for 15 minutes.
And to top it off,
there's a friend who has recognized him
from the way he walks.
If it's true that at 9:15 p.m.
he's been recorded leaving,
it's logical to think
that he would return to León XIII,
because nobody sees him
until after 11:00 p.m. or so
when he arrives at the bar where he works.
We would have to ask him
why he's told the court
something that a security camera
has proved to be false.
IT HASN'T BEEN POSSIBLE.
WE'VE TRIED EVERYTHING.
THE INVESTIGATIONS
HAVE NOT BROUGHT POSITIVE RESULTS.
WE'VE BEEN PLAGUED BY BAD LUCK.
Antonio del Castillo
had high hopes
for this new line of investigation,
but the recording couldn't be accepted
due to its poor quality.
Unfortunately, it was worthless.
Although, well, technology
is advancing a lot
and we could have...
But no, we have not been able to do it.
It hasn't been achieved at all.
It can't be used in the trial
and, well, the rush was
because the time to use it was now.
There are no more chances.
It's just that he was so lucky,
that if he had tried
to plan everything perfectly,
it wouldn't have worked out
the way it has.
There are some people.
We, the media, are waiting as well.
Because we don't know if "El Cuco"
will finally enter through the front door
or if he'll enter through the back door.
- He hasn't requested police protection...
- Sorry, what's that?
Yes...
You're seeing it live, everyone.
- It looks like that's "El Cuco."
- What? Is that "El Cuco"?
He's wearing a wig.
He's walking like a man.
His face is covered by glasses.
Francisco Javier García Marín.
"El Cuco." There he is at last.
There are shouts from all the people
waiting for the arrival of "El Cuco."
He's taking everything off.
- Yes, it is him.
- We've just seen his face.
I think that the person who undoubtedly
caused the greatest shock was "El Cuco."
Phew...
The arrival of "El Cuco"
to the adult trial...
Well, it was...
For me, it was a grotesque sight
to see him arrive with that hair,
that cocky attitude.
Is this the famous "Cuco"?
Would you be kind enough
to keep your hair out of your face
while you testify?
You are here to testify as a witness.
As a witness, you must answer
all the following questions,
and you must answer truthfully.
- Do you swear to tell the truth?
- Yes.
- Do you swear?
- I swear.
Very well, then. The Public
Prosecutor's Office can ask your witness.
Francisco Javier,
is it true that you took
your mother's car with Samuel
and went to the León XIII apartment?
No.
Is it also not true that
Samuel came out of the León XIII apartment
telling you that
there was a very big mess inside?
No.
And is it also not true
that when you were inside the apartment,
you saw Miguel's brother,
Francisco Javier,
and he was very nervous?
No.
And did he threaten you,
saying that something serious
would happen to your family
if you told anything?
No, that man
never threatened me.
It was because of police pressure.
And is it true
what you told the judge?
No.
Why, then,
did you give so much detail
and give such a coherent narrative?
- The police told me to.
- Pardon?
The police told me to say it.
Francisco Javier,
the police were not there.
We were already in court.
Excuse me, we were already
at the 4th Court of Examination.
It was on February 18th.
Who took me there?
They brought me back and forth...
Mr. García Marín, do not interrupt
the Public Prosecutor's Office.
And could you please
do us a favor,
for the court, and so you can let
the parents grieve in peace?
Give us some information
so that we can find Marta.
If I knew,
I would have told you long ago.
- And if you want to know, ask him.
- Ask who?
- He's the one who should know.
- I don't care if you agree.
Okay, agreed.
That's not the way
to address the court.
Yes, your Honor.
I think that the mistake
this kid made
was not really telling the truth
about what he saw,
which wasn't insignificant.
And I think to this day that "El Cuco"
was only guilty
of arriving at that moment,
seeing Marta dead -
because I'm sure of that -
and then not telling the police.
NOVEMBER 29, 2011
THE LAST DAY OF THE ADULTS' TRIAL
We're entering the last part
of the trial, which is the last words,
in case any of the defendants
wish to add anything
to what has been said in this
and in the previous 18 sessions.
Mr. Carcaño,
would you like to add anything?
I want to apologize
to Marta's family for the damage caused.
Mr. Benítez?
Marta was a friend of mine,
and I had nothing to do with this.
I just want to say
that I can't ease their pain,
because I don't know
what happened to Marta.
Mr. Delgado,
what would you like to add?
I know that many people
are having a hard time with this case,
especially Marta's family,
but there is nothing I can say or do
to ease that pain,
which, as a parent, I understand.
It's now time for sentencing.
The public, please clear the court.
Paloma, good morning.
How did Carcaño
feel about the sentence?
How would 20 years in jail
make you feel? Come on!
Only Miguel Carcaño will go to prison
for the crimes against Marta del Castillo.
The rest of the defendants -
Samuel Benítez,
Carcaño's brother, and his girlfriend -
have been acquitted.
The judge believes
there is insufficient evidence
to prove that they took part
in Marta's murder.
I want to apologize
to my daughters...
for raising a family in a country
where justice and social laws
are far from satisfactory.
This justice is shit!
You stated,
when the trials were about to start,
that there was enough evidence
to bring the case to trial,
with guarantees
and to prosecute all the defendants,
including María García,
Javier Delgado's girlfriend.
As people, yes,
it is possible that we are unsatisfied
because of the failure to be able to offer
the parents that definitive mourning.
But as prosecutors,
we have obtained a conviction,
and a legal truth of what happened
has been established.
We know that Marta was murdered.
Where is Marta?
We may agree or not,
but with the evidence
that the 7th Section had,
the adult sentence is very harsh.
They imposed the maximum punishment
with very little evidence.
We want justice!
If he didn't say,
"I killed her..."
Let's put ourselves in that position.
What proof was there against Miguel?
We are all Marta!
They could
have classified it as a homicide,
because he's the only prisoner
in the world
who is sentenced for murder
without a body.
In fact, it is surreal
because Marta was only killed in one way,
and only one thing happened.
The events unfolded in one way that night.
And yet we have two outcomes,
in which the judges in the minor's trial
established that the murder
happened in one way
and in the adult's trial,
that it happened in another way.
So you have two legal truths
that contradict each other.
Something is wrong with justice.
Something has gone wrong.
SEVILLE COURT STATES AT LEAST
ONE UNKNOWN THIRD PARTY PARTICIPATED
The judge said Miguel Carcaño
got rid of the body using a wheelchair,
with the help of his friend "El Cuco"
and a third unknown person.
That third person is one
of the great mysteries of this trial.
The verdict says -
we've read it -
that he made the body disappear
with the help of "El Cuco"
and with the help of a third party,
who evidently has not been identified.
If a seven-year-old child
tells me that he has an invisible friend,
I'd believe it.
But for a judge to say it
in sentencing in a trial...
It's embarrassing.
Well, I don't think they've dared
to give a name to that third stranger,
although they know
perfectly well who he is.
My sentence seemed correct.
Correct and fair, of course.
- Do you trust justice?
- Yes.
If you trust justice,
what about the evidence
in the minor's trial
that proves
that you were in the apartment?
In the verdict of the
minor's trial, it never says I was there.
- Yes, yes.
- No, no.
"Likewise, it's a proven fact."
"Once they arrived
at the aforementioned apartment,
the accused minor and the second adult
entered the apartment
where the adult who had killed Marta
and his brother were."
HIS BROTHER
Well,
I don't remember even being...
aware of that whole verdict.
I don't remember.
COURTHOUSE
Now that the trial is over,
the police are convinced that the case
has been falsely closed,
and they want to know
where the body of Marta del Castillo is,
because they're determined
to find Marta's body.
And so, they go to see
Miguel Carcaño in jail.
And they talk to him and talk to him,
and then they get the seventh version.
APRIL 29, 2013
He looks different.
You can see that his hair is much longer.
He is Miguel Carcaño.
He has returned to the Seville Court
to explain his latest version
of the death of Marta del Castillo.
He has said that it was his brother,
Francisco Javier Delgado,
acquitted in the trial, who killed her.
MIGUEL'S SEVENTH VERSION OF EVENTS
APRIL 2013
Miguel explains
in this seventh version
that he goes home with Marta.
He enters the house.
Marta stays in the room.
Francisco Javier is there, calls him,
and he goes over
to talk to Francisco Javier,
who's in the background.
And they start to hang up laundry.
During that conversation,
when they're hanging the clothes,
Francisco Javier says to him,
"You're not paying the mortgage bill."
He says that Francisco Javier
became violent,
that he started hitting him,
and he ran away fleeing
with the intention of leaving the house,
but he was chased into the hallway.
Then Marta tried to help Miguel,
jumped on Francisco Javier,
who was on his back at that moment.
Francisco Javier left Miguel,
took out a gun from his belt,
and hit Marta several times in the head
with the butt of the gun.
And Marta fell
into Miguel Carcaño's room, dead.
And he says that Javier asked him
to take him on his motorcycle
to the house on Tharsis Street
where his ex-wife lived.
Once he was there,
Javier Delgado took the vehicle -
his ex-wife's car -
and he went back to León XIII
with that car.
They begin to deal
with the body of Marta del Castillo.
The buzzer rang, and Miguel,
without thinking, opened the door.
He opened it, "El Cuco" came in,
and "El Cuco"
found Marta del Castillo's body there.
He saw Francisco Javier and ran away.
Francisco Javier let it go,
and they end up loading the body
of Marta del Castillo
in their mother's wheelchair.
They took the body outside,
put it in Rosa's car...
He said, "Follow me on the motorcycle."
The motorcycle followed the car.
They went with the car, turned left,
arrived at some kind of ditch
where the car wouldn't go,
threw Marta in,
and threw debris on top of her.
Miguel Carcaño pointed out this area,
but not to a specific spot.
He only talks about a ditch
and bricks and debris.
POLICE
The latest version, well...
I am sure that it's a lie.
Do we believe the first version
and it was the river?
Do we believe it was the landfill?
The farm?
I don't know.
I don't know.
What can I say?
It hurts.
It hurts that someone
you've lived with for 17 years
has such a bad heart,
and I'm not only talking
about what he's done,
but about what he wants to do to you.
In this case, me, right?
So, that hurts a lot.
A lot.
MARTA ISN'T IN MAJALOBA, EITHER
POLICE SEARCH ENDS AFTER 3 DAYS.
GOVERNMENT KEEPS CASE OPEN.
He accused his brother
of being responsible for Marta's death,
but today the judge has closed the case.
He said
that this latest version
was inaccurate, implausible, fanciful,
and, at times, even nonsensical.
In short, a devastating ruling
that not only attacks Miguel Carcaño,
but also the judicial police,
stating that they've gone too far
in investigating Carcaño's brother
for an act he has already been tried for.
One of the things
the police tried,
because they were desperate
to find the location of Marta's body,
was to test Miguel Carcaño
with a device called "P300."
It's based on the impressions
caused in the brain by a series of images.
Murderer!
MARCH 6, 2014
There,
you can see Miguel Carcaño
upon his arrival
at the Miguel Servet Hospital in Zaragoza,
where, this afternoon,
he underwent the so-called "truth test,"
a neurological test
to check how his brain reacts
to certain images related to the death
and disappearance of Marta del Castillo.
It's the police's latest attempt to
find out where the girl's body is buried.
LOCATING THE REMAINS
OF MARTA DEL CASTILLO
FOUND IN LANDFILL
PAST THE OLD BRIDGE TO CAMAS
MARCH 8, 2014
The police have informed
the family that they have located
some bone fragments
that, pending analysis,
may be those of Marta del Castillo.
I came
when they called me.
- Sure.
- I jumped out of bed and came to Camas.
POLICE
You can imagine how I was.
I couldn't see anything.
I couldn't see anything, nothing.
I was so nervous.
The police told me, "Antonio, calm down.
We're going to analyze it."
BONES FOUND IN CAMAS...
WERE NOT THOSE OF MARTA DEL CASTILLO
Those continuous searches,
motivated by Miguel's statements...
The facts should have been investigated
before proceeding with the search,
but everyone was in a hurry
to find the body.
It's not Miguel's fault.
It's the fault of those
who were running around
and searching in places that were possible
and that should have been checked before.
But now they're searching
and wasting money.
With everything that's been done,
the P300...
I don't know if I can say it or not,
but anyway...
It's been a while since it happened.
He was given hypnosis tests,
and I was there.
A psychiatrist
or a police technician hypnotized him.
The only thing that was left to be done
was to bring in a psychic.
So, with a psychic
and a photo of the deceased young woman,
they tried to...
find the corpse, I mean.
It seems that the police,
who are desperate,
thought, "Well, let's give it a try."
Yes, in the case
of Marta del Castillo,
the participation of psychics
has been brutal.
I know there's a box
in the police station in Seville
that has a label that says: "Psychic."
POLICE USED A PSYCHIC
IN THE MARTA DEL CASTILLO CASE
SHE SUGGESTED PLACES
WITHOUT ANY SUCCESS
FEBRUARY 24, 2017
8 YEARS AFTER MARTA'S DISAPPEARANCE
It was twelve o'clock
in the morning or so,
and I said to my wife,
"Let's get it over with."
I came here, to the prison,
to Herrera de la Mancha.
What could I lose?
I'd already lost everything.
I was thinking, "What do I do?
Should I shake his hand?"
"Should I greet him?" So, I had...
I had to greet him and shake his hand.
His attitude was, well, depressed.
I think he was more nervous than I was.
And my first words to him were,
"Where is she, Miguel?"
And at the end of the interview,
he told me about the mortgage.
I, MIGUEL CARCAÑO DELGADO,
AUTHORIZE MR. ANTONIO ABAD DEL CASTILLO
TO REQUEST AND RECEIVE
THE DOCUMENTATION AND AMOUNT
I DEPOSITED
FOR THE MORTGAGE I APPLIED FOR
MORTGAGE
FEBRUARY 2017
The world's fourth
largest investment bank goes bankrupt,
engulfed by the subprime mortgage crisis.
The economy
is clearly in recession in 2009.
Undoubtedly,
it's a year of economic crisis.
- Crisis...
- The effects of the crisis...
...international crisis.
...the subprime mortgage crisis.
The 2007-2008 crisis
is known as the subprime mortgage crisis.
So, subprime mortgages are those mortgages
that had a high probability of default.
Good afternoon.
This is a message for Mr. Francisco
Javier Delgado Moreno regarding his loan.
Please contact Finconsum urgently
by calling 90...
This is a message
for Francisco Javier Delgado Moreno.
I'm calling from Intrum Justicia
to discuss the debtor's position
with Unoe Bank.
León XIII belonged
to Francisco Javier and Miguel.
They'd inherited it from their mother.
The house already had a mortgage on it,
and so Francisco Javier,
who desperately needed money, said,
"Hey, let's do something. Let's take out
another mortgage on the house."
UNILATERAL MORTGAGE LOAN
MR. MIGUEL CARCAÑO DELGADO
"THE DEBTOR"
Who did he pull into this mess?
Miguel Carcaño.
Did Miguel Carcaño have a job?
No.
Who knew better than anyone
that he didn't have a job?
Francisco Javier. And yet he told him,
"Ask for another mortgage."
For Miguel Carcaño,
this operation
was like getting under a mountain.
because he wasn't going
to be able to pay for it.
It would have been miraculous
if he'd been able to pay for it.
So miraculous that
he didn't pay for it the first month.
In the first month, he stopped paying.
Payrolls were forged.
Employment records were forged.
This was a scam. They falsified documents.
DATE
THE DOCUMENTS USED TO DRAW UP
THE MORTGAGE WITH BBVA ARE FORGED
Who wants the credit?
Who benefits from the credit?
Francisco Javier. And Miguel Carcaño
appears in the document.
Who has committed the crime of forgery?
Miguel Carcaño.
What did Miguel gain? Nothing.
All this leads us to a conclusion
that is Miguel Carcaño...
At least, we can prove that
at the beginning of his seventh version,
he is telling the truth.
Is it objective to think that on the 24th,
the conversation could have taken place?
Yes.
Let's see...
Did that discussion exist?
Yes. Not the way he describes it, no.
At no time did I hit him
and it certainly wasn't on the 24th.
NAME
FEBRUARY 16, 2009
THEY SPOKE ABOUT MATTERS
CONCERNING PAPERWORK
RELATING TO THE HOUSE
Here's a timeline
that could have taken place on the 24th.
On January 22nd,
some money comes in precisely
to pay that delay in the mortgage.
On the 23rd,
there are no calls between you two,
and the first time you meet
after that payment, it's on the 24th.
I insist, on the 24th
I'm sure that I didn't discuss that
because I didn't talk to him
for more than two minutes.
I talked with my mom,
and I said, "Mom,
I know about the tax fraud."
"Miguel told me about it."
And she said,
"Tell them. Tell the police."
10:30 ON 28/01/09
In the interview, I say,
"Look, I don't know how valid
this is going to be, but I know this."
APARTMENT - SCAM
When I tell them,
there's no interest in digging into it,
in, "Hey, let's see if it's true
and there's something
that we can investigate a little bit."
Nothing.
POLICE HEADQUARTERS
The downside is that there
are many things that are prescribed.
The police report itself says so.
FROM: MIGUEL,
FRANCISCO JAVIER AND ANTONIO
But when Miguel Carcaño
talks about the mortgage,
when Alejandra talks about the mortgage,
that was not prescribed.
COURTHOUSE
Today, in 2021,
the judge has decided to archive
the case against Francisco Javier Delgado,
for the mortgage issue.
The prosecutor says
that because he's already been tried,
he cannot be tried again.
He doesn't want to keep investigating.
APRIL 2021
Hi, Paula. There is something
that's caught our attention a fair bit.
We're reviewing the police investigation
of the cell phones,
the calls, their reports...
We've watched the trial,
and we've seen that there's a lot of
information missing around the antennas.
If you look at the reports,
the locations are placed in an antenna,
with geographic coordinates.
The information that's provided
should be much more specific
within that antenna.
So, within the radius of the antenna,
it should tell us specifically
where the call was made,
where the SMS was registered...
I don't know why
that information is not there.
What type of information
is reflected
in the mobile telephone summary?
These are the records of the antennas
where the numbers
of the investigated in this case
made calls, received calls,
or sent or received messages.
The level of detail of the information,
from a technical point of view,
is relatively sparse.
CALL LOG
FOR MARTA DEL CASTILLO'S CELL PHONE
The point is that
there is a lot more information
that can be used or could be requested.
It shocked me
because I assumed
someone would have analyzed this.
We are technicians
in the telecommunications area.
We work with the data conservation
and relations with telephone companies.
All we do is provide reception.
Is everything correct?
Was it what was requested? Is it complete?
And we do this control management.
We did not make an analysis.
Specifically, in this case,
there was no study of these calls.
In 2009,
all these logs that were missing
for a more in-depth analysis
already existed.
NATIONAL POLICE CORPS
FORENSIC DEPARTMENT
At that time, all the data was recorded
if the phone had signal coverage.
It didn't need
to receive any text messages,
receive any calls, or anything else.
Simply, the phone was switched on
and it was connected to the line.
So, it's very important
to know that with this data,
you could know what the movements were
simply because the phone was online.
Therefore, if, at any given moment,
they moved to hide Marta's body anywhere,
this recorded data would make it possible
to say where they had been.
So, Manuel,
I mean, if they moved
carrying their cell phones,
would we have that information?
Yes.
But, obviously,
of all those devices at that time,
the only one that would be kept,
in theory, is that of Miguel Carcaño.
His personal effects
would be kept in prison.
It would be the last device
where you could go
to look for this type of information,
in case the CDs of the raw information
of the operators did not appear.
That would have been very important
to have from the first moment.
COLLECTION OF PHONE DATA
FOR MARTA DEL CASTILLO'S MURDERER
CARCAÑO'S PHONE TO BE COPIED TO KNOW
HIS MOVEMENTS THE NIGHT OF THE CRIME
Hi, I'm Paula,
the director of the documentary.
Hello. How are you?
I saw your message.
Manuel, I wanted to tell you
that they're going to give us
the CDs with the raw data
and Miguel's cell phone for analysis.
Awesome!
- We'll proceed!
- Let's go for it!
Nacho, we're going to focus
on one of the people involved,
Francisco Javier,
Miguel Carcaño's brother.
If you remember, he was acquitted
as a collaborator in the crime.
It's an image
from a security camera, recorded -
look here -
in the building where
Francisco Javier's ex-wife, Rosa, lives.
That is, these are the security cameras
at the building
where Miguel's brother's ex-wife lives.
Images of that night,
of the day on which Marta del Castillo
disappeared and was murdered,
January 24th.
And we are talking
about 8:57 at night. 8:57 p.m.
See here. The National Police
believe that this is Francisco Javier.
CAMERA 2
There's some security camera footage.
If we could see it,
if the quality was better,
what would we see in those images?
That footage
from the security camera...
It's curious that
the time stamp of the images
is exactly when
they want to place me there.
I went out at 11:30 at night.
Aren't the images of 11:30 there?
To compare my real departure, 11:30,
with the one where they want to place me,
which was at 9:00 or...
I don't remember it well.
- If footage existed...
- I'll say it again.
At 11:30, you should see me leave,
not at 9:00.
But those images don't show up.
The ones from 9:00 show up,
but not the ones from 11:30.
IN VERSION SEVEN, MIGUEL SAYS HIS BROTHER
TOOK THE CAR FROM HIS EX-WIFE'S HOUSE
DO YOU REMEMBER THE SECURITY CAMERAS
IN THAT NEIGHBORHOOD?
OF COURSE. THEY WERE REJECTED
AT COURT BECAUSE OF THEIR POOR QUALITY.
WELL, WE HAVE THEM. ALL FOUR CAMERAS.
CAN WE ANALYZE THEM?
The problem with the videos
is that they have very little definition.
We've scanned the site.
We've obtained a 3D model of the site.
We identified
each of the points in the image
with the topographically
obtained points there.
And we're getting a measurement
that's a faithful representation
of what's there.
If he passed near these cameras,
we will get a reference of a person
with his physical characteristics
passing by at that time of day.
What were you wearing that day?
No idea.
I mean...
I don't know.
A black jacket, for sure.
- Hello, Marcos.
- Hello, Ricardo.
Tell me... What do we have?
What we've discovered
is that there's a one-hour time lag.
They were recording
in daylight savings time.
Do you mean
that all analyses that were carried out
of this CCTV footage, up until now,
haven't taken this time lag into account?
They're wrong?
Yes. I mean,
they've been looking at the wrong times.
What do we have
in the time span that he's given us?
Arrival at around 9:00 p.m.
Departure at around 11:30 p.m.
During the time span
that he's given,
at 8:40 p.m., which
is the correct time in the actual footage,
or 9:40 p.m.,
the time that was documented,
we see a person coming in.
I'm watching it now...
And then at 11:49 p.m.,
the correct time in the footage,
a person leaves who's dressed
more or less in the same way.
- The one with the white bag?
- Indeed.
So, the problem is that,
as of today,
with the logs we have
of his calls and locations,
it doesn't make sense.
Sure, he has to be
on León XIII Street at 8:41 p.m.
And at 11:45 p.m.,
he has to be at Dseda Bar.
At midnight, he gets a call
from a location on Luis Montoto Street.
The hours don't make sense.
LUIS MONTOTO STREET
Is there anyone
who fits his description
outside the times he's given
for his departure and arrival?
Yes.
REAL TIME
At 9:05 p.m., the correct time,
we have a figure that also matches
the physical characteristics
of this person.
They're dressed in black,
with a big coat, and so on.
REAL TIME
At 11:30,
you should see me leave, not at 9:00.
JANUARY 24, 2021
Today is January 24th, 2021.
Today is the anniversary
of Marta's disappearance...
or murder.
Three weeks ago, a letter
was dropped in my father-in-law's mailbox.
The letter is addressed to me
and it's anonymous,
and it comes with a location
that is absolutely possible,
reasonable and coherent.
And that was it.
Why is it so important
to recover my daughter's body?
I can't imagine my daughter
is just lying around anywhere.
We must know where she is,
so someday we can,
if we want, bring her flowers
because we know where she is.
I can accept that she is dead, yes.
I ended up
accepting that she's dead, okay,
before my husband did.
I don't know if my husband...
I don't know. Even today, he might...
Maybe he still hopes
that the girl could be alive somewhere.
But I rise up...
And I get angry and...
And I cry, and I get furious
because I don't know where she is.
Moving forward
is what keeps me going.
Moving forward, the searching,
going here and there and...
But I will continue doing it.
I will continue searching
and informing the police
if I consider it to be necessary.
And if I don't,
I'll look for her on my own,
or I'll search for her as well.
For me, the kitchen window
is a very special frame.
Because...
I used to look out of that little hole
in the kitchen window
to see her coming,
and I have her image in my mind.
And,
I hope I never lose that image,
because it's a way
of remembering my little girl.
The light in the kitchen
always stays on.
For 12 years, that light
has been on every night,
and it is the beacon
that means this is her home.
Due to the initiative
of the documentary filmmakers,
the Investigation Court No. 4 in Seville
has presented evidence
to a legal expert for analysis.
Among this evidence
is Miguel Carcaño's cell phone.
The judge requested
that the phone companies provide raw data
of the phones belonging to the accused:
Miguel Carcaño, Francisco Javier Delgado,
Samuel Benítez, María García Mendaro,
and "El Cuco."
This raw data will be used to recreate,
with the greatest detail possible,
the movements of those involved,
on the night of Marta's disappearance.
Today, Miguel Carcaño's cell phone
is still being analyzed,
and the raw data is yet to be received.
None of this had been carried out before.
Subtitle translation by: Leyre Bastyr