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 managed to avoid going to prison. But also, in the media, 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 grounds to indict him.

has published the audios of the first calls published the audio recordings 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 struggling to express 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. Even 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 defense teams to adopt a "reactive" stance, even towards the jury. "The people who will judge will be contaminated and must hear alternatives to the prosecution's 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 his reputation," concludes Monguilod, recalling the image of the accused entering the courts in handcuffs, surrounded by police.

The lawyer Míriam Company, from the Molins Defensa Penal firm, adds that until now only the "prosecution's narrative" had been known and that a "counterpoint" must be provided. Furthermore, she reflects that remaining silent at certain moments 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 high-profile jury trials values that it is inevitable that the court will learn details of the case beforehand. "The police leak, the Prosecutor's Office leaks, the lawyers leak… Cases in the investigation phase 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 call for 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 the media every day, there's no need to dwell on it further," he adds, and predicts 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 piece of news about that case, but thousands". Therefore, this lawyer believes that especially in the case of jury courts, 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 are the ones who 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 render,” he concludes.

Regarding the Andic case, this jurist believes that the defense "is counterattacking" to ensure that when the trial arrives, the jury will not only have heard 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 regarding the statements made by Francisco Marco. While he values that this has achieved media outlets reproducing the defense's narrative, he warns that "it also has a negative point: the cards are very clear, everyone sees the defense's strategy, I doubt it can leave many surprises for the interrogations".