The Prosecutor's Office considers that Arley Mora, known as Harry, Miguel Ángel Calle (El Piña), his brother Juan Manuel Calle and Francisco Ocaña, supposedly known as El Tomate, are the main people responsible for the cocaine trafficking operation of which they are accused and therefore requests 13 years in prison and a fine of 200,000 euros for each of them. According to the Public Prosecutor's Office, all the accused, of legal age and without a criminal record, in the first days of November 2004 agreed, "in total agreement" with unknown people residing in Madrid, to acquire almost two kilograms of cocaine for subsequent distribution in Lanzarote. All of them have confessed to being innocent of the crimes they are accused of.
In addition, the prosecutor's office assures that "to avoid risks derived from a possible police intervention" they used third parties, who are also the defendants Roberto García and the father of the aforementioned Francisco Ocaña. Both have confessed to being guilty in the trial and the prosecutor requests a sentence of 10 years in prison and a fine of 100,000 euros. On the trip they made to the capital, García was accompanied by El Piña, who was the one who paid for the expenses and they stayed in the same hotel. Although El Piña has confessed to being innocent at the beginning, and has said that he did not know García, he has later acknowledged that he made this trip with him and that he paid for his expenses. Francisco Ocaña's father has not revealed where he stayed, but the National Police assures that the three return tickets for the day, November 27, were bought at the same travel agency in Madrid, although El Piña, who was the one who paid for García's return ticket, has assured that he does not know Francisco Ocaña's father and vice versa.
They were traveling on the same plane, the three separated, and once they arrived at the Lanzarote airport, García and Ocaña's father picked up the two suitcases, each one their own, with the drugs. The National Police was monitoring this operation and therefore was at the airport waiting for the "mules". At the taxi rank at the Guacimeta airport, the three were arrested by the agents and they seized 994 grams of cocaine with a richness of 80.91% from García and 991 grams with a richness of 83.3% from Ocaña. According to the prosecutor's office, it has a value of 75,729 euros.
The lawyers of the accused have requested the challenge of the evidence presented by the prosecutor's office. On the one hand, they have defended that the "secrecy of communication" has been violated, because according to them, the wiretaps carried out by the police had not been preceded by an investigation. On the other hand, regarding the drug, they argue that there is a lack of coherence in what refers to the quantities seized and affirm that the witness presented by the prosecutor's office, in charge of the analyses, is not valid to determine that the drug seized in the two suitcases came from the same shipment, since the analysis of the purity of this was carried out in Madrid and the witness was in charge of the qualitative analysis in Las Palmas. All have requested the acquittal of their witnesses, except in the case of Roberto García, whose lawyer has requested one year in prison, taking into account that he has collaborated with the police.
In addition to these, Jorge Eliezer, father of Arley Mora's partner, has testified in the trial as civilly liable, for being the owner of a car that, according to the police, actually belonged to Arley and that he had obtained through the money earned from the sale of drugs, for which the prosecutor requests the confiscation of the vehicle.
