Overview
- Errejón’s defense asked the Audiencia Provincial de Madrid to expel Elisa Mouliaá from the proceeding, deem her initial withdrawal irrevocable, set aside the order opening oral trial, and archive the case.
- Investigating judge Adolfo Carretero previously refused to archive the case in February after Mouliaá retracted her withdrawal in court and he later issued an order to open oral proceedings.
- The defense argues Mouliaá’s handwritten renunciation produces inevitable legal effects despite her later reversal and invokes the Botín doctrine given the prosecutor has sought acquittal and only a popular prosecution would remain.
- The Audiencia also has pending Errejón’s separate appeal against his processing, with both rulings to determine whether the case proceeds or is dismissed.
- A recently filed second complaint by another woman was archived after the complainant did not ratify her allegations in court.