"The defense in a trial works one way or another depending on whether you have money"

BarcelonaThe strategies of lawyers to convince popular juries, with judges who are in contact with the courts for the first time, do not only take into account how to choose the profile of the person who suits them best in each case. In large trials, they also have advisors who advise them on which evidence can best support their defense and how to present it to the jury. Sometimes they also surround themselves with investigators who work in parallel with the police so that the defense can anticipate the evidence that will be against the accused. Although the jurists consulted agree that this model is becoming increasingly widespread, it is by no means common and is used in a very small part of judicial proceedings in Catalonia. In large part, because it entails a much higher cost than a defense with a single lawyer, or a free one by appointment. "The defense in a trial works one way if you have money; if not, it works another way," summarizes the specialist in legal and forensic psychology Miquel Àngel Soria.

Detective Enric Vilamajó recognizes the importance of the economic factor in being able to expand the defense's options. "Unfortunately, either you rely on a private investigator and, therefore, increase the investment you make in your own proceedings, or it is very difficult to obtain evidence to defend yourself," he admits. In fact, he believes that from his profession they can "add special value" to defenses with their investigation. Some law firms work hand in hand with detectives who investigate in parallel with the police, looking for witnesses, or locating security cameras that may have captured important images for the case. This task is not only done in cases with a jury, but they also advise lawyers in cases for other crimes.

Lawyer Eloi Castellarnau believes that this "North American" model of a criminal law firm, which integrates lawyer and investigator, will become even more popular in Catalonia. "It's difficult to refute a police report if you don't hire someone who tells you where the police's sources come from and where the reconstruction of events comes from. Sometimes lawyers have to act as investigators, and that escapes us. We can't know everything," says Castellarnau. In fact, he considers that without private investigation, "it's impossible today to be able to refute large police reports".

Juries, "more impressionable"

The fact that the final decision on the trial rests with a jury also means that the defense and prosecution "don't just look at the substance, sometimes the form, the way you present the narrative, matters much more, and the lawyer adapts the speech," explains Soria. In fact, some detectives and consultants also help lawyers influence public opinion, as in the case of detective Francisco Marco, who has publicly spoken about the Andic case and is part of the defense team.

Magistrate Carlos Pascual Alfaro, spokesperson for Judges for Democracy, reflects that in this case the defense has also had a say, but that in most media trials the presumption of innocence can be compromised. "This is particularly worrying in the case of juries, because even though they have to assess the evidence and the facts, they can be more easily influenced," he points out.