Update on María Ercira’s Case: Two PDI Officers and Property Owner Charged with Obstruction

Original article: ¿Qué pasó con María Ercira?: Imputados dos PDI y dueña del fundo Las Tórtolas por obstrucción

The Valparaíso Regional Prosecutor’s Office has decided to proceed with charges after analyzing evidence that could undermine the transparency and integrity of the trial process. The investigation focuses on mismanagement of audiovisual records from the day María Ercira went missing.

In a significant turn in the investigation regarding the disappearance of elderly María Ercira Contreras (86), which occurred on May 12, 2024, at the Las Tórtolas estate in Limache, the Public Prosecutor’s Office formally charged two officers from the Police Investigations (PDI) and the property’s owner, Mónica Kleinert, with alleged obstruction of justice.

The legal action highlights serious irregularities in the chain of custody for the security footage, considered crucial evidence in determining the woman’s whereabouts, which has remained elusive for over 20 months during a Mother’s Day celebration.

Irregularities in Protecting Digital Evidence

The Valparaíso Regional Prosecutor’s Office has moved forward with the charges after reviewing evidence that it believes jeopardizes the procedural integrity of the case. The central issue of the inquiry revolves around the handling, transfer, and safeguarding of audiovisual records from the day of the disappearance, which were reportedly treated with severe procedural negligence.

According to a key witness from the Local Prosecutor’s Office in Limache, the transfer of evidence by the PDI was conducted irregularly.

«On July 3, 2024, I was working at the local Prosecutor’s Office in Limache. I don’t remember the exact time an officer from the PDI arrived at the reception of this office. He told me he had a chain of custody to give to me,» recounted the witness.

However, the transfer was incomplete. «I immediately told him that if he wanted me to accept the chain of custody, he needed to leave the hard drive with me as well. He said he couldn’t leave the hard drive at the Prosecutor’s Office because it was needed in the police unit, to which I responded, ‘Hey, this is a high-profile case,'» she added.

This irregularity was confirmed by video expert Nadia Mansilla, who noted that the material arrived «irregularly, without indicating how many hours it had. When we detected this, we requested access to that chain and found out there were not 24 hours of footage, but only 6 hours,» reported 24Horas.cl.

Compromised Chain of Custody

The investigation reveals that the evidence was delivered without specifying the exact number of recorded hours and lacked the necessary backups. A second witness involved in data extraction confirmed the extent of the issue.

«These files were several gigabytes, at least over 16, so I informed her, I didn’t sign any documents, nor did I hand it over directly to a PDI officer or Carabineros,» he stated, according to the cited media.

Criminal expert Claudio Muñoz, CEO of Forense, explained the technical seriousness of these failures and pointed out that extracting or copying this data to a computer external to this storage device clearly constitutes a critical failure in this chain of custody. This breach of protocol could jeopardize the evidential validity of the material in a potential trial.

Charges Against the Property Owner in María Ercira’s Case

The charges also extend to the owner of the Las Tórtolas estate, Mónica Kleinert. According to the victim’s granddaughter, Carla Hernández, Kleinert was charged not only with obstruction of the investigation but also with falsifying public documents.

Hernández detailed events that allegedly motivated the accusation, stating that «on May 13, the day after my grandmother disappeared, there was an order from the Prosecutor’s Office asking Ms. Kleinert to provide 24 hours of footage, and she did not comply, she did not provide that recording.»

Additionally, the family questioned the initial account regarding the delivery of the material. «Mr. Bórquez [Kleinert’s lawyer] supposedly received this footage, separated a chain of custody and took it to the Prosecutor’s Office, but that never happened, 24 hours of footage were never retrieved,» she said in statements reported by Bio Bío Chile.

Moreover, she criticized the PDI officials who have been charged, asking, «Why wasn’t the 24 hours of footage requested by the prosecutor provided? What motive did Mónica Kleinert have for not delivering those hours of footage?»

She pointed out that although they were questioned, «they chose to exercise their right to remain silent as suspects.»

«We don’t know why they aren’t providing explanations… we don’t know if it was due to negligence or intent (…) we were hoping that the PDI officials who are suspects would offer some clarification,» she stressed.

Furthermore, in light of the process irregularities, the family of the elderly woman demands a change in the officials responsible for the case.

«It’s egregious that the same investigative team continues to handle the case while two of its members are charged with a crime related to my grandmother’s case… it is unacceptable for the Bicrim to continue the investigation,» she told Chilevisión.