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Mason Robert Medeiros da Silva Santos, 20, was released on Thursday afternoon (24) in the interior of São Paulo in compliance with the order of the president of the STJ (Superior Court of Justice), Minister Humberto Martins. He had been in prison since November 2018.
At approximately 3:00 pm, after the release permit issued by the Justice in Presidente Prudente (SP), Robert left the Dracena Penitentiary, 552 km from the capital of São Paulo, and found his wife Vitória again. They have a son of two years and seven months.
This Wednesday (23), when accepting a request from the group of lawyers Innocence Project Brazil, Minister Humberto Martins acknowledged that there is “reasonable doubt” in the process that convicted Robert in the 13th Criminal Court of São Paulo and a class from the Court of Justice. of São Paulo for alleged participation in the robbery of a bus in 2018 in the Socorro neighborhood of São Paulo.
In the decision, the minister authorized Robert to freely respond to the process that will be analyzed by a group of the STJ and informed by the minister Reynaldo Soares da Fonseca.
Apparently, the attack was carried out by three armed men. They took around R $ 40 from the drawer of the bus collector and a passenger’s wallet with documents. The driver and passengers were not injured. Two months after this robbery, in November 2018, Robert was approached by a team from the São Paulo Civil Police, who invited him to accompany her. At the police station, without the presence of his lawyer, Robert was recognized by the bus driver, pretrial detention was ordered and a few months later he was sentenced to ten years in prison.
After analyzing the case from March to November 2020, the Innocence Project filed a habeas corpus in the STJ. He pointed out contradictions in the driver’s testimonies and showed that he even informally acknowledged a photograph posted on Facebook by someone other than Robert. Another person arrested and processed along with Robert for the same charges, Rodrigo Gonçalves da Silva, also denies his involvement in the crime. He said several times that he had never seen Robert before the arrests. Police were unable to establish any connection between Robert and Rodrigo.
In habeas corpus, the deputy attorney general of the Republic Luciano Mariz Maia analyzed the case, agreed with the arguments of the Innocence Project and requested the acquittal of the bricklayer. It indicated that the responsibility of the crime attributed to Robert “was established only from the hearing of the driver”, since a passenger “did not remember the accused during the recognition, not even during the police stage.”
Maia also explained that the judgment of the São Paulo Court of Justice that confirmed Robert’s conviction “mentions the recognition document, the testimony in court and the photos received by the social network.” “The problem is that such evidence is contradictory to each other,” explained the deputy prosecutor.
Maia pointed out that “from the reading of the sentence and the sentence it is clear that the authorship was originally established in incongruous narratives by the victim, causing a situation of reasonable doubt to authorize the acquittal.”
On Sunday (20), the Innocence Project submitted a request to the president of the STJ, Humberto Martins, who acts on duty at the end of the year for urgent cases. On Wednesday, the minister granted Robert’s request for release.
“The reasonable doubt that I find with the simple examination of the documents produced during the procedural instruction on the authorship of the criminal act and indicated by the Parquet [Ministério Público] In his opinion, it legitimizes that, to a lesser extent, it is possible to promote the release of the patient so that he can wait in freedom for the release of this habeas corpus, which is in line with the request required in the incidental guardianship “, said Minister Martins your decision.
