- CRIMINAL COURT NO 21 OF. Oral Trial # 52 of 2,012.Doña Julia Patricia Santamaria Matesanz, Magistrate Judge of Criminal Court No. 21 of Madrid, made the following
- Judgment No. 144/13
- In the city of Madrid, to April 29, two thousand and thirteen.
- Oral Judgment No. 52 of 2012, from the Court of Instruction No. 31 Madrid, as procedure abbreviated n º 4293/06, about AGAINST PUBLIC HEALTH crime in which they have been charged:SOURCES CLAUDIO RODRIGUEZ Euphemianus with D.N.I. 42748448-G, born in Las Palmas de Gran Canaria (Las Palmas), on February 20, 1955, son of Pedro and Josefa, residing at Juan de Juni, 19 Rate High in the town of Las Palmas de Gran Canaria, these cars represented by the Solicitor of the Courts Don Antonio Ramon Rueda López, in the act of defense counsel's judgment Don Julián Pérez-Hardened and Tempered, replaced in some sessions of Trial Counsel Don José Miguel Lledo Orts, as is recorded in the respective minutes of the sessions of the trial, to the meeting on 11 February 2012, because by hearing prior to the start of that session of oral trial, the defendant initially Lawyer renounced appointed acting from that meeting with the defense of Counsel Don Tomás Gómez Valdivielso.
- JOSE IGNACIO BARRERA LABARTA with D.N.I. 1714538-D, born May 15th 1958 in Zaragoza (Zaragoza), son of Manuel and Carmen, located at the Avenue of the Enlightenment 35, 156 Portal home town of Zaragoza, represented in these cars by Attorney of the Courts Don Antonio Ramon Rueda López, in the act of defense counsel's judgment Don Julián Pérez-Hardened and Tempered, replaced in some sessions of Trial Counsel Don José Miguel Lledo Orts, as is recorded in the respective minutes of court sessions and #replaced in one of the sessions of Trial Counsel Don Ignacio de Arsuaga Ballugera as is recorded in the respective minutes of the meetings of Judgment.
- Vicente Belda VICEDO with D.N.I. 21624623-T, born on September 12, 1954 in the town of Alfafara (Alicante), son of Augustine and Rosario, residing in the departure of La Alcudia, 28 of the town of Cocentaina (Alicante), represented in the these cars by the Solicitor of the Courts Don Antonio Ramon Rueda López, in the act of defense counsel's judgment Don Julián Pérez-Hardened and Tempered, replaced in some sessions of Trial Counsel Don José Miguel Lledo Orts, as is recorded in the respective minutes of the sessions of the trial, and replaced in one of the sessions of Trial Counsel Don Ignacio de Arsuaga Ballugera, as is recorded in the respective minutes of the meetings of Judgment.Manuel Saiz BALBAS with D.N.I. 13902461-L, born October 16th1,959 in the town of Torrelavega (Cantabria), son of Valentin and Marcela, residing at Santa Teresa de Jesus 181 Sierrapando, of the town of Torrelavega (Cantabria), represented in these cars by the Solicitor of the Courts Don Argimiro Vazquez Guillen, to the defense of Counsel Don Ignacio Arroyo Martinez, replaced in any of the sessions of the act of judgment by Ms. Gema Spanish Legal Finoll, as is recorded in the respective minutes of the meetings of Judgment.
- YOLANDA RODRIGUEZ FUENTES, with D.N.I. 43252629-W, born May 27th 1958 in the town of Las Palmas de Gran Canaria (Las Palmas), daughter of Peter and Josephine, with registered offices at Whale 5 steps 1 pl1 gate G of the town of The Oliva de las Palmas, represented in these cars by Counsel of Courts Lydia Lewis Ms. Cavero, Counsel to the defense of Don José Ignacio de Arsuaga and Ballugera substituted in any of the sessions of the Legal trial Ms. Mary Gem Spanish Finol, replaced in some sessions the Trial Counsel Don Miguel Angel Sanchez Sanz, as is recorded in the respective minutes of the sessions of the trial and replaced in one of the sessions of Trial Counsel Don Guillermo Noguera Soler, as is recorded in the respective minutes of the sessions of the trial.
- Having acted as official indictment the prosecution, represented by the Hon. Ms. Dona Rosa Calvo González-Regueral as private prosecution the State Attorney, on behalf of the Sports Council, acting Legal defense of Ms. Lucia Navarro Pedroza, the Royal Spanish Cycling Federation, represented in the present Court by the Solicitor of the Courts Ms. Villanueva Maria Ferrer, with the defense in the act of judgment of the lawyers Ms. Isabel Cristina Troitiño Quero Torralba and Ms. Cano, who acted alternately in the different sessions of the trial, as does recorded in the minutes of the respective meetings, the World Anti-Doping Agency (WADA), represented in these cars by the Solicitor of the Courts Don Manuel Lanchares Pearl, with the defense in these cars of Don Florentino Ortí Lawyers Ponte and Mrs. Berta Barrilero Aguinaga, acting as a defense in the trial sessions Aguinaga the Lawyer Ms. Berta Barrilero, as recorded in the minutes of the respective meetings, the International Cycling Union (UCI), represented in these cars by Counsel for the Mrs. Amparo Díez Courts Espí Laura, with the defense in these cars by Counsel Don Pablo Arturo Jimenez de Parga, replaced in some sessions of Trial Counsel Don Jose Maria Abella, as recorded in the minutes of the respective meetings , and also replaced some of the sessions of the Legal trial Ms. Berta Barrilero Aguinaga, Don Jesús Manzano Ruano, represented in these cars by the Solicitor of the Courts Don José Angel Gomez Donaire, defense counsel's Don Juan Carlos Sanchez Peribañez, replaced in some sessions of Trial Counsel Don Manuel Serrano Lobo, as recorded in the minutes of the respective meetings, and the Comitato Olimpico Nazionale Italiano (CONI), represented in these cars by the Attorney of the Courts Ms. Silvia Vázquez Senin, with the defense in these Legal auto referee Don Ignacio Arroyo 11593 Martinez, replaced in some sessions of the Legal Judgment Ms. Nuria Nolla Zayas, as recorded in the minutes of the respective meetings , having attended some of the sessions, remaining in Court, Counsel Guido Valori.
- PROVEN FACTS
- FIRST AND ONLY. - It is declared proven that Euphemianus Fuentes Rodríguez, of age and no criminal record, sports medicine specialist, had been doing at least since 2002, consistent behavior in the practice of blood samples, usually 450 milligrams of blood from each of them, sometimes two bags of the same amount, certain athletes and, in particular, to cyclists for subsequent re-infusion to the athlete, with the sole purpose of artificially raising the physical performance of the cyclist. Beginning in 2004, the system would be to submit the blood drawn glycerolization process through the use of a preservative called glycerol through a system automatically by machines made ACP-215, which sought to obtain concentrations of erythrocytes obtained after removal of said red blood cells and plasma by centrifugation of blood, freezing to proceed towards their preservation for a long time and then after a reverse process of desglicerolización and thawing, can perform re-infusion to the rider at the required time, with the sole purpose of raising the rider's hematocrit level, thereby elevating your physical performance and resilience to stress.To perform this procedure extractions, blood conservation and self-transfusions, the defendant had mainly with the help of another person who has not been prosecuted, and that on several occasions requested products for the processing and storage of blood of certain hospitals, in particular, several bottles of glycerol Transfusion Center Valencia and Hematology Service of Hospital de la Princesa, the Regional Blood Transfusion Centre of Seville, as well as certain containers of sodium chloride ( Lot T01, with an expiration date in October 2006) of the Pharmacy Defense Ministry's Military.
- Sources Euphemianus performed this planning activity extraction system and re-infusion of athletes coordinating it with your physical preparation in view of the competition calendar rider's season in question, in order to achieve the dual objective of good results in competition and while avoidinger detected cyclist doping controls, since the auto-transfusions are performed even in competition period.Moreover, in certain cases accompanied Dr. Euphemianus Sources extraction system and blood infusions to re-cyclist dispensing of certain medicinal of which are included in the list of prohibited substances and methods in sport regularly made by the Chair of Sports Council, primarily and in most cases erythropoietin (EPO), but also other substances like growth factors (IGF-1), testosterone, insulin and female hormone gonadotropin (hMG)In order to coordinate the physical preparation cycling calendar with extractions and re-infusions and, where appropriate, the provision of such substances, the defendant had the collaboration of José Ignacio Labarta Barrera, of age and no criminal record and Second sporting director and coach of Valencia sports team (before KELME sports team) at the time of occurrence of events, from 2002 to May 2006, active collaboration limited to the preparation of rider training system in order to achieve the greatest successful practices aimed and practiced directly by Euphemianus Fuentes, all aimed also to obtain the greatest cyclist performance and remuneration paid him Euphemianus Fuentes.In all cases, Dr. Fuentes was offering and provided to athletes both blood treatment and supply of drugs in exchange for a price, a price that tarifaba separately for the "treatment" consisting of auto-transfusion and for the supply of indicated substances.Such treatment of extraction and re-infusion was delivered to the rider at the direction of Dr. Fuentes for the sole purpose of getting the lift the cyclist hematocrit level, thus improving the transport of oxygen in the blood and increased resistance tiredness, all to increase their performance in the face of competition, and without answering a real prescription under the "lex artix" and supposed, by itself without having to go together with the consumption of other substances, a major health hazard in assuming the rider elevated hematocrit increased blood viscosity and thus a superior effort to the heart, a danger that is concrete in risk for cardiovascular (thrombosis, stroke), dermatological (diaphoresis or sweating), hematological (functional iron deficiency) , gastrointestinal (nausea, vomiting), musculoskeletal (bone pain), kidney damage, others as hyperkalemia (increased potassium in the blood) and hiperfostatemia (increased phosphates) and even neurological damage in the brain (such as increased likelihood of stroke, seizures, transient ischemic attack and others like headache, weakness or dizziness)These same health risks rider (along with others, such as allergic reactions) could be increased in the event that such a procedure would join the aforementioned consumption eritoproyetina, risks further increased in the case of added consumption of other substances.Also, these extractions and self-blood transfusions were carried out without compliance with the requirements laid down in the regulations regarding health and autologous transfusions, in force at the time, not performing extractions or re-infusions centers authorized by the authority, performing sometimes in hotel rooms, without complying with sanitary guarantees under health regulations regarding the transportation and storage of cold chain samples without warranty of practice in all cases of haematological controls mandatory Blood receptor and mainly without a system of identification of samples that will ensure a perfect trazadibilidad blood, without allowing for a margin of error monitoring of the sample from the time of collection to the time of re- infusion, performing the entire procedure in a clandestine manner and apart from any control or inspection authorities, which involved breaches of itself an increased health risk to cyclists.
- To carry out those practices Euphemianus Fuentes Rodríguez had the cooperation of others in addition to José Ignacio Labarta Barreda, who performed functions of various kinds and whose identity has not been determined.
- No relationship has been established with the facts of Manuel Saiz Balbas, of age and no criminal record, it was Sporting Director cyclist until the year 2003 ONCE cycling team and Liberty since 2004 until at least May 2.006.Not proven involvement in the events of Vicente Belda, of age and no criminal record, Sporting Director of Valencia Community (formerly KELME) in the period in which events occur.Nor has it been established participation in the events of Yolanda Fuentes, of age and no criminal record Euphemianus sister Fuentes, who was responsible physician Valencia cycling team since 2004 and previously KELME collaborator doctor.
- I must condemn and condemn Euphemianus CLAUDIO RODRIGUEZ FUENTES as the author of a crime against public health art. 361 of the Penal Code and referenced, with the aggravation of art. 372 of the Penal Code without the concurrence of circumstances modifying criminal responsibility, and sentenced to a year in jail and a prohibition on the right to stand for the duration of the sentence and the fine ten-month sentence, with a daily fee of fifteen euros and urge staff to the case of non-payment at the rate of one day in prison for every two shares of unpaid fines and the special disqualification for the exercise of sports medicine four whole years, ordered to pay one-fifth of the legal costs, including costs of the private prosecution.
- And I condemn and condemn JOSE IGNACIO BARRERA LABARTA title accomplice to that offense against public health art. 361 of the Penal Code, without the concurrence of circumstances modifying criminal responsibility and sentenced to four months imprisonment and disqualification for the right to be elected during the same period, to four months worth of fine, with a daily fee of urgency fifteen euros and staff in the event of default at the rate of one day in prison for every two shares of unpaid fines and the penalty of disqualification from the office of sports coach or any professional activity related to cycling a period of four months and ordered to pay a fifth of the trial court costs, including the costs of the private prosecution.
- I should acquit and absolve YOLANDA RODRIGUEZ FUENTES, MANUEL VICENTE Saiz and Belda BALBAS VICEDO in relation to public health crime of art. 361 of the Criminal Code that were being charged with official declaration of three-fifths of the costs.
- No place required by way of compensation liability for the representation of Jesus Manzano Ruano.
- Should agree on the confiscation and subsequent destruction of the bags of blood, plasma and packed red blood cells and its contents seized in entries and records made in the homes of Euphemianus Fuentes and José Luis Merino Batres, which is checked once this resolution becomes final, having to leave us enough time to be resolved in relation to participation in the events also charged at the time, José Luis Merino Batres, by a final decision, either because back to health, either by prescribing facts, without being necessary to the delivery of samples requested by the representations of Royal Spanish Cycling Federation (RFEC), World Anti-Doping Association (WADA), International Cycling Union (UCI) and Comitato Olimpico Nazionale Italiano (CONI).
- Proceed to the confiscation of the articles and documents seized in the searches conducted in the homes of Euphemianus Fuentes Fernández sites on the street Fallen Blue Division No. 20, 4 º A Madrid and Alonso Cano N º 53, 5, d) of the town of Madrid, as well as the effects found in the home of José Ignacio Labarta Barrera.Proceed to the seizure of 5,300 euros found in the home of José Ignacio Labarta Barrera cash to be given legal fate.Proceed to the seizure of the effects found in the home of José Luis Merino Batres on Calle Fernandez de la Hoz n º 56, 1 º a) of the city of Madrid and the professional laboratory of Jose Luis Merino Batres Street Zurbano # 92 , below the town of Madrid.Also proceed to the seizure of the effects found in the home of Alberto Leon Herranz, who will be given legal fate, except Document No. 207, which works together with the folder Annexes, consisting of writing on the establishment of a society by Guillermo Leon and Maria del Carmen Herranz Herranz Martín, brother and mother of Alberto Leon, having prior to being returned to stakeholders.
- Proceed to the seizure of drugs seized in the measures of entry and search of the drug previously expressed and Manuel Saiz Synacthene Balbas busy and they were sent at the time to the Spanish Medicines Agency, being held by the agency, in order to proceed to destruction or give them appropriate legal fate.The destruction that will do, if any, in relation to documents seized and drug effects for which it has been agreed the seizure in this case, shall be suspended until such time as it is resolved in relation to the charges brought day against Jose Luis Merino Batres by a final decision, and it regains health as mandated by the facts.Acquitted, defendant Manuel Saiz Balbas, comes the return to it of his personal effects were seized at the time of his arrest, the folios obrantes 350-360 of the proceedings and will not have been previously returned.It must also return to Manuel Saiz Balbas of cash that was seized on the day of his arrest (42224.10 euros, 38,500 Swiss francs and 310 Australian dollars).
- Should return to José Luis Merino Batres, personal effects that were apprehended at the time of his arrest which are contained in folios 350-360 of the proceedings and will not have been previously returned, with the exception of restaurant card with notes on the reverse key, which will be attached to the case until the completion of the proceedings against José Luis Merino final decision, either because health regain or by prescription of the facts.Should return to Claudio Fuentes Rodríguez Euphemianus personal effects that were apprehended at the time of his arrest, the folios obrantes 315-316 of the proceedings and will not have been previously returned.Should return to the legal heirs of Alberto Leon Herranz personal effects that were apprehended at the time of his arrest, obrantes on folio 332 of the proceedings and will not have been previously returned to the deceased.
- Should return to José Ignacio Labarta Barrera personal effects that were apprehended at the time of his arrest, obrantes on folio 342 of the proceedings and will not have been previously returned.No authorization or in the delivery of testimony requested by the portrayal of Jesus Manzano Ruano order to proceed against Euphemianus Claudio Fuentes Rodríguez and against Vicente Belda Vicedo for an alleged crime of slander or libel expressed in Judgment.Not applicable deduction testimony of proceedings in relation to an alleged crime of false testimony against Jesus Manzano Ruano in relation to protests for him expressed in the plenary representation requested by the Yolanda Fuentes Rodríguez.No place to request CONI representation concerning the delivery of computer equipment seized at the time of the accused in the proceedings in and practiced in the case record or copies of the content of the respective hard disks obtained by the Court instructor.In relation to this supplies (computers, hard drives or memory sticks and telephone terminals) intervened in their day to Euphemianus Claudio Fuentes Rodríguez, José Ignacio Labarta Barrera, Alberto Leon Herranz, José Luis Merino Batres, Manuel Saiz Balbas and still not returned, will be delivering them to their respective owners, and must proceed to the destruction of all copies produced in relation to dump the computer equipment and hard disks, made at the time by the Justice instructor, which is checked once firmly grasp the present resolution.
- Proceed once sign this judgment to the destruction of the original recordings of telephone conversations relating to the phones tapped to Euphemianus Claudio Fuentes and José Luis Merino Batres and ordered the Civil Guard in charge of the operation, recording and playback of such appropriate communications erasing the recordings which may fall in SITEL files and destruction of any copies thereof, except for the copy that it is attached to this procedure.
- So for this my sentence, against which an appeal may be lodged within 10 days of notification as provided in Article 795 of the Criminal Procedure Act, for before the Hon. Provincial Court of Madrid, I pronounce it, order and sign.