Hermosilla Granted Daytime Freedom as Court Lowers House Arrest to Nighttime Only in Factop-Audio Case

Original article: Hermosilla queda libre de día: Corte rebaja arresto total a nocturno en Factop-Audio

«Basically, what they are saying is that it was not necessary to apply such a prolonged restriction on freedom, that enough time has passed, and that he has fulfilled his legal obligations,» said Julián Parada, the defense lawyer for Luis Hermosilla, while explaining the court’s reasons for modifying the precautionary measure.

The First Chamber of the Santiago Court of Appeals overturned the total house arrest imposed on lawyer Luis Hermosilla, replacing it with a nighttime arrest precautionary measure.

Consequently, the appellate court nullified the decision made by the Guarantee Court, which had denied the defense’s request due to «flight risk,» allowing the 58-year-old lawyer, accused of tax crimes, repeated bribery, money laundering, and influence peddling related to the Factop-Audio case, to remain at home only at night and roam freely during the day while the judicial process against him continues.

Specifically, the new precautionary measure that Hermosilla must comply with will be from 10:00 PM to 6:00 AM.

Defense lawyer Julián Parada explained the grounds on which the Court authorized his client’s daytime freedom.

«Basically, what they are saying is that it was not necessary to apply such a prolonged restriction on freedom, that enough time has passed, and that he has fulfilled his legal obligations,» he stated.

He noted that the appellate court assessed Hermosilla’s procedural conduct and found no obstacles to a less severe measure. «There is no problem with him preparing for his trial in freedom and being able to go out during the day,» he pointed out.

Parada also emphasized that the defense presented evidence to the court regarding Hermosilla’s cooperation with the investigation.

«The evidence we presented pertains, above all, to how he has cooperated, and that was acknowledged by the Court of Appeals,» he said, as quoted by El Mostrador.

In that same vein, Parada was emphatic in stating that: «There is no evidence that Luis Hermosilla has not cooperated, that he has failed to comply, or that he poses a risk to the investigation.»

However, the ruling from the Court of Appeals was not uniform for all defendants in the same review hearing. While Hermosilla was granted nighttime house arrest, his colleague, lawyer Leonarda Villalobos, remained under total house arrest.

Nonetheless, the court granted Villalobos a work release regime, allowing her to leave her home two days a week.

Businessman Álvaro Jalaff also obtained nighttime house arrest, while Luis Flores remained under national restraint and was required to sign biweekly.

Additionally, a new hearing has been scheduled for next Monday, February 16, where the reopening of the Audio case will take place, in which the Public Prosecutor’s Office presented its accusation.

The Eastern Prosecutor’s Office has requested a 14-year prison sentence for Luis Hermosilla.