The former mayor of Yaiza, José Francisco Reyes, has requested the "exceptional suspension" of the six-year prison sentence imposed on him in the Yate case, citing health problems. In addition, he maintains that there is no risk that he will re-commit the crimes he confessed to in this case, in which he admitted to having received bribes for years from various businessmen in exchange for granting dozens of illegal licenses in Playa Blanca.
"It is evident that the dangerousness of my client is nil in this sense, since his abandonment of any political activity together with personal and physical circumstances, make it possible to presume with total probability the same," states the writing presented by his defense before the Provincial Court, which has already ordered the execution of the sentence.
Although the sentence far exceeds the limit of two years in prison that allows suspending entry into prison, Reyes intends to avail himself of an "exceptional" suspension and for this he has provided medical reports, which refer to pathologies that he began to suffer almost 40 years ago.
Three reports, two of them from 2010
The last report was issued at the Yaiza Health Center at Reyes' request and is dated last October 16. In it, the possible diagnosis of a disease that affects the veins and arteries of the arms and legs is pointed out, also detailing a long medical history with symptoms that he has been dragging for years. In fact, the other report he has provided is from 2010, from the Negrín Hospital, and indicates that he began with symptoms in 1979.
In addition, he has also presented a certificate from eight years ago, from the psychotechnical exam he underwent to renew his driver's license. "At the present time he does not meet the conditions required for the renewal of the driving license", states that 2010 report.
It should be remembered that Reyes has already been in prison twice, the first in provisional detention within this case, and the second serving the first final sentence of the Unión case, in which he also confessed to having prevaricated by granting an illegal license to the King's political cousin, Carlos Morales.
"The social impact is practically nil", according to the defense
In his writing, dated last October 5, José Francisco Reyes' lawyer, Pablo Luna, also points out that the facts judged in this case "occurred in the period between 1998 and 2003, having elapsed 14 years since their commission", so he maintains that "the social impact is practically nil".
It should be remembered that the consequences of Reyes' criminal activity still persist in Playa Blanca, where the illegal hotels he authorized are still standing and pending legalization or demolition, and where the license of the Marina Rubicón marina has also just been annulled, precisely with this sentence in the Yate case, which considers it proven that the former mayor was bribed to grant that permit.
"At the time of the events he had no criminal record", adds Reyes' defense to try to avoid his entry into prison. In addition, he also appeals to the confession he made within this case, just before the trial, and which already served to reduce the sentence, applying the mitigating circumstance of "late confession".
"Serious situation of economic hardship"
"Not only has he carried out the confession of the facts, but he has made a great economic effort to face the pecuniary responsibilities, both payment of civil liability and payment of fines, an effort that has led him to a serious situation of economic hardship, both personal and family", argues Reyes' lawyer, referring to the 300,000 euros he deposited before the trial. What is not clear is how he managed to raise that sum, considering that after his arrest most of the assets he acquired as mayor of Yaiza were seized.
"He has a daughter in his care, his wife is unemployed and suffers from an injury to her upper limb and a serious vascular disease that prevents her from accessing the world of work", adds the writing of his defense. In addition, he insists that "the abandonment for years of all political activity and the imposed disqualification penalties prevent any possibility of recidivism, so it is reasonable to expect that the penalty is not necessary to prevent the future commission by the convicted person of new crimes".
Despite this writing, the Court already ordered Reyes' entry into prison last March 22, although in parallel it has asked the Public Prosecutor's Office and the private prosecution to issue reports ruling on this request, before responding to it.