Overview
- Judge Daniel Rafecas, in a ruling on Tuesday, rejected the defense’s move to void the case and left it ready for elevation to a public oral trial with a federal trial court to be assigned.
- The defense argued that earlier steps by Judge Julián Ercolini showed bias and that key messages and photos pulled from a former secretary’s phone were the product of a fishing expedition and thus invalid.
- Rafecas said annulling the file would force the complainant, Fabiola Yáñez, to testify again and risk revictimization, and he noted higher‑court guidance that Ercolini’s removal did not erase prior acts.
- Fernández remains processed on charges tied to injuries and coercive threats against Yáñez, with prosecutors citing episodes in June and August 2021 at the Olivos presidential residence and a marked power imbalance.
- Prosecutor Ramiro González has already asked for a public trial, and while the defense can still seek appellate review, the practical next step is drawing a trial panel and moving toward a hearing.