After being postponed three times, the trial of Luis Felipe Manvailer, accused of the death of lawyer Tatiane Spitzner, 29, resumed on Tuesday (4). The jury, which should take at least three days, takes place in Guarapuava, central region of Paraná .
Victim’s husband, Manvailer is accused of homicide qualified by femicide, futile motive, through asphyxiation and cruel means, in addition to procedural fraud.
The jury is composed of seven men. According to lawyer Gustavo Scandelari, who works as an assistant prosecutor, in the previous draw, three women were selected, but ended up being dismissed by the defendant’s defense. Each party could dispense a maximum of three jurors.
“The tendency is for a more diversified jury to be able to evaluate cases from a variety of points of view, which, in theory, can produce a more democratic result. But it is impossible to predict how each person thinks ”, said the lawyer.
Tatiane was found dead in the early hours of July 22, 2018 after a fall from the fourth floor of the building where she lived with her husband, in Guarapuava. The necropsy exam showed that she was killed by mechanical asphyxiation before the fall and that the body had wounds and signs of struggle.
The prosecution alleges that Manvailer asphyxiated Tatiane and threw her off the balcony after an argument. Neighbors heard screams and images from the building’s security cameras show the lawyer being beaten by her husband before she died.
The videos show that he picked up the woman’s body from the sidewalk and took him back to the apartment, before trying to escape. He also wiped blood marks from the elevator. Manvailer ended up arrested the same day after crashing his car on the highway in São Miguel do Iguaçu, close to the Brazilian-Paraguay border, about 340 km from Guarapuava.
The defense claims that Tatiane killed herself after an argument.
On the first day of the jury, two prosecution witnesses were heard, Civil Police chief Bruno Miranda Maciozek, responsible for the investigation of Tatiane’s death, and a neighbor of the couple.
Manvailer’s defense, led by lawyer Claudio Dalledone Junior, was ruled by possible illegalities in conducting the investigation.
“After almost six hours of investigation by the Police Chief of the case, it became very clear that many illegal things occurred in the investigation and that these illegalities did not even come to his attention. The defense reaffirms that the proper technical evidence proves that Luis Felipe made a mistake, but did not kill Tatiane Spitzner ”, said the defender.
The Spitzner family lawyer said he was confident of the conviction. Manvailer could be sentenced to more than 30 years in prison.
“The expectation of the family is the same, that is, of a condemnatory verdict by the citizens of Guarapuavanos and that the penalty that will be applied by the judge is proportional to the seriousness of the facts, that is, a high penalty. It can’t be any different, ”said Scandelari.
By decision of the presiding judge, the trial will only be broadcast online after the final debates, to preserve the incommunicability of the witnesses, since some will be heard by videoconference, and by the expectation that the jury will be long.
The testimonies of 16 other witnesses and 3 technical assistants are still expected before the final defense and prosecution allegations and the subsequent verdict.
The trial was postponed three times: the first because of incompatible lawyers’ dates, followed by the contamination of one of them by the new coronavirus. The third postponement took place in February, when Manvailer’s lawyers left the floor during the testimony of the first prosecution witness.
At the time, they alleged that the defense was curtailed by the judge’s refusal to show videos of the entrance to the building where the crime occurred. The magistrate said that the material was not on the file.