Rojo defense case: There is a 40-minute window during which the prosecution has still not proved what took place

Attorney Ximena Silva stressed that the evidence presented by the prosecution is merely speculation and claimed that there is no concrete evidence linking the mother of the Rojo brothers to the attacks.

23 de Enero de 2009 | 16:30 | El Mercurio Online
SANTIAGO.-  Defense attorney Ximena Silva, who is representing Jeanette Hernández after she was accused of brutally attacking her two children, has refuted some of the major pieces of evidence presented by the prosecution in the case, stating that her client did not participate in the crime she is charged with and claiming that the evidence presented by the prosecution is merely speculation. 
After an autopsy on the youngest of the woman's sons, Esteban Rojo, established the boy's time of death between 11:30 and 1:30 p.m. -while the defendant was at home-  Silva declared that within the time period there is a window of 40 minutes during which the prosecution has been unable to prove what took place.
"The prosecution itself has determined that she left the home at 12:50 p.m, therefore (...) if the time of death was established to have happened sometime before 1:30 p.m., there is a window of 40 minutes during which someone perfectly could have entered the residence, killed Esteban and seriously injured Pablo ", the defense attorney told Radio ADN.
With regards to the fact that the door of the home where the children were at the time was not locked, Silvia indicated that the Hernández's husband, Pablo Rojo, had told her that it was common for his children to watch television with the slightly open and that the kitchen door was always open. 
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