The audios of Andic and a media trial: the defense in a case that has never been secret

BarcelonaJonathan Andic has been defending himself since the Mossos d'Esquadra arrested him as the alleged perpetrator of his father's death. Judicially, by filing a technical and extensive appeal that denies the evidence incriminating him to try to have the restrictive measures currently against him lifted, such as the passport withdrawal or the one million euro bail with which he has been able to avoid going to prison. But also, from a media perspective, by trying to reverse the "social condemnation" that his defense claims he suffered when he was arrested. Nevertheless, the judge, the Mossos, and the prosecutor in the case are all heading in the same direction: they believe there are sufficient indications to incriminate him.

has published the audios of the first calls published the audio of Jonathan Andic's first calls to 112 and the Fire Department just after the fall of the founder of Mango, Isak Andic. "I need help, my father has fallen. We are in Collbató and he has fallen [...]. I think he has fallen down a ravine," stated Jonathan, who can be heard crying and at times having difficulty expressing himself. After the broadcast, Marco stated that the calls demonstrate "the desperation of a son who has lost his father".

Several legal experts consulted by ARA agree that in media cases it is inevitable that the content of the investigation comes to light, but often the defense can also present its version of events and try to have a presence in public opinion. And more so if the accused ends up being tried by a jury.

"Parallel trial"

The criminal lawyer Carles Monguilod explains that in high-profile cases, a "parallel trial" often occurs, forcing defenses to adopt a "reactive" stance, also towards the jury. "The people who will judge will come contaminated and must hear alternatives to the accusatory narrative," he states. In this regard, he adds that the media and image defense being carried out by Jonathan Andic's legal team is also useful even if the case does not end up going to trial. "It's a way of defending their reputation," concludes Monguilod, recalling the image of the accused entering the courts handcuffed and surrounded by police.

The lawyer Míriam Company, from the Molins Defensa Penal firm, adds that until now only the "accusatory narrative" had been known and that a "counterpoint" must be provided. Furthermore, she reflects that remaining silent at certain times can be worse, as public opinion may consider it suspicious. On the other hand, in a court composed of professional judges, while both criminal lawyers admit they can be influenced, they have a greater capacity "to abstract themselves".

A criminal lawyer with experience in trials with media-heavy juries believes it is inevitable that the court will know details of the case before time. "The police leak, the prosecution leaks, the lawyers leak… Cases in investigation are theoretically secret, but nowadays it's impossible for them to be, there's nothing that can be done about it," he explains. This lawyer sees "utopian" the positions that demand a “pact” to prevent journalists from publishing information or judicial documents. "We start from the basis that from now on the investigation phase is in all media every day, there's no need to dwell on it," he adds, predicting that this will only increase.

Pay attention to the evidence

This does not only affect cases with a jury, but any media case. Whether it is a jury or a professional court, "when the trial arrives they have heard not one news report about that case, but thousands". Therefore, this lawyer believes that especially in the case of jury trials, lawyers – both for the private prosecution and the defense – must "be able to explain and convince the jury that they may have heard news, but that during the trial they will realize that some are accurate and others are not, and they must pay attention to the evidence".

The lawyer admits that media coverage can influence the jury at first, as some cases are so well-known during the investigation that it is inevitable that they have heard about them before. “I always tell them that they will end up knowing the most about the subject. I do not believe, nor do I want to believe, that the news they have heard will ultimately influence the verdict they may deliver”, he concludes.

Regarding the Andic case, this jurist believes that the defense "is counterattacking" to ensure that when the trial arrives, the jury will have heard not only information incriminating Jonathan Andic, but also other information that is favorable to him. “I don't know if the strategy of constantly attacking the judge and the Mossos is a good one, I wouldn't do it”, he adds about the statements made by Francisco Marco. While he values that this has achieved the media reproducing the defense's narrative, he warns that "it also has a negative point: the cards are very clear, everyone sees the defense strategy, I doubt it can leave many surprises for the interrogations".