The pivot comes after one of the three judges overseeing the trial stepped down over criticism surrounding her participation in a forthcoming documentary series about the case, "Divine Justice," which spanned from the aftermath of Maradona’s death, as scandals and suspicions of foul play began to emerge, to the start of the trial.
In calling for the judge, Julieta Makintach, to be recused, the prosecutor on Tuesday presented the trailer for her documentary — a one-and-a-half-minute teaser that intercuts archival footage of Maradona scoring iconic goals with shots of Makintach strutting through the corridors of the Buenos Aires courthouse in high heels and a short skirt as a string soundtrack heightens suspense.
The prosecutor asked judges to investigate allegations that Makintach had violated judicial ethics in allowing a camera crew inside the courthouse to film her overseeing closed-door hearings for the reality TV-style series.
As the claims snowballed into a national scandal, Makintach on Tuesday said that she had "no choice" but to resign from the case.
The judges decided on Thursday to retry the entire case, effectively turning the clock back on all proceedings since March 11, when the trial began amid intense media scrutiny and called dozens of distraught witnesses to testify over 21 hearings.
"Judge Makintach did not act impartially. Her conduct caused harm to both the plaintiffs and the defense," Judge Maximiliano Savarino said in declaring the mistrial. “The only person responsible is the recused judge.”
He added: “This is an unpleasant decision.”
At the courthouse, two of the soccer star's daughters, Gianinna and Dalma Maradona, began to weep.
The decision threw into doubt the timeline of the trial, which was initially expected to last until July. Thursday's ruling said that a higher court would select the three new judges by lottery “within a reasonable period of time.”
The case accuses Maradona's medical team of failing to provide adequate care for the soccer star in weeks leading up to his sudden death on November 25, 2020. Maradona died at age 60 from cardiac arrest while recovering from surgery for a blood clot on the brain at a rented home outside Buenos Aires.
Although the case largely hinges on medical technicalities, the biweekly testimonies have also become tabloid fodder — like much in Maradona's life, which included long spates of drug and alcohol abuse.
Experts have taken the stand to allege that Maradona agonized for 12 hours before his death while his sisters and daughters have tearfully accused his medics of leaving him alone in squalor when he should have been hospitalized.
The defendants, who deny all accusations, were charged with culpable homicide, a crime similar to involuntary manslaughter in that it implies the accused were aware of the risk caused by their reckless conduct and ignored it.
They include Leopoldo Luque, Maradona’s primary physician at the time of his death, as well as his psychologist, psychiatrist, medical coordinator and nurses.
The crime carries a maximum penalty of 25 years in prison. The defendants say Maradona was a difficult patient who did not allow himself to be treated.
Maradona, who famously led Argentina to victory in the 1986 World Cup, is regarded as one of the greatest soccer players of all time. His rags-to-riches story resonated with his fellow Argentines and he is widely revered as a national hero.
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Associated Press writer Isabel DeBre contributed to this report.
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Credit: AP
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Credit: AP