Maradona death trial: Luque’s defense asks new judges to recuse themselves on impartiality grounds

Judges Roberto Gaig and Pablo Rolón are part of the new court that was selected on July 15, but the defense argues ‘irregularities’ in their appointment

The trial over the death of Argentine football superstar Diego Maradona is set to see another delay, as the defense of the star’s main medical advisor, Leopoldo Luque has called for the recusal of two of the newly appointed judges.

According to the lawyers, judges Roberto Gaig and Pablo Rolón don’t offer guarantees of impartiality. The claim comes after the latest hearing, on July 18 before the Argentine judiciary went into winter break, failed to determine if nurse Dahiana Madrid’s trial by jury will continue or not.

“The judges did nothing to correct, halt or even warn of the clear irregularities that were being committed,” said the lawyers in their complaint, which to them offers clear evidence the judges wish to push through with the trial.

Eight people stand accused of failing to administer proper medical care for Maradona, who died on November 25, 2020 at 60 years of age. 

The list includes Maradona’s main medical advisor, Leopoldo Luque, as well as the star’s psychiatrist, Agustina Cosachov, and psychologist, Carlos Díaz, medical care coordinators Nancy Forlini and Mariano Perroni, designated doctor Pedro Di Spagna, and nurses Madrid and Ricardo Almirón.

The first trial was originally scheduled for June 2024 but was repeatedly delayed until it started in March 2025. A number of key witnesses gave their testimonies regarding the circumstances surrounding the final events of the footballing icon’s untimely death, the standard of care he was given, and the relationship between the medical team and Maradona’s family.

The proceedings fell apart in May, after it was determined that Judge Julieta Mackintach had taken part in “multiple discussions with witnesses and lawyers” during breaks in the daily proceedings, part of her involvement in the clandestine trial documentary “Justicia Divina.”

After the mistrial, the process was set to start anew under a new court, which fell to the San Isidro 7th Criminal Court, headed by Roberto Gaig, Alejandro Lago, and María Coelho. However, Coelho stepped down immediately, due to her involvement in Madrid’s case. Lago also excused himself, filing a request to step down on July 4  arguing medical reasons that render him unable to face the “intensity and emotional burden of the trial.”

Judge Pablo Rolón, from San Isidro’s 5th Criminal Court, was selected via a random draw on July 15, and will be heading the case alongside Roberto Gaig and Alberto Ortolani.

You may also be interested in: Chronology of a mistrial: Why did Diego Maradona’s death trial fall apart?

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