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By Lucas Gutiérrez 

This morning at Criminal Court No. 26 in Buenos Aires, the third hearing took place in the trial of Mariana Gómez, a young lesbian woman. After presenting her closing arguments, prosecutor Diana Goral requested a two-year prison sentence with court costs for Gómez for resisting arrest and causing minor injuries to the victims. The defense requested her acquittal. Judge Marta Yungano postponed the final statements and sentencing until Friday, June 28.

The young woman is being prosecuted for "resisting authority and injuries" after defending herself when Officer Jonatan Rojo assaulted her at the Constitución train station while she was kissing his wife, Rocío Girat. 

"Pulling out a clump of hair is more serious because it happened to a woman."

The prosecutor began by reviewing the statements made in the two previous hearings. When quoting Officer Rojo's testimony, she said: "To this party's understanding, it was clear, precise, and without any discrepancies."

[READ ALSO: Mariana Gómez trial: videos of the assault were shown at the 2nd hearing]

Before announcing the request for a two-year prison sentence, Goral said that what happened to Officer Villarreal –the pulling out of the lock of hair– is more serious because she is a woman and because of how difficult it is for hair to grow back.

Without signage and with witnesses

The defense, for its part, requested acquittal. While chants of support for Mariana could be heard from the street, attorney Lisandro Teskiewicz pointed out that the injuries documented in the official records were not serious, as they indicated they would heal in less than a month. He added that the videos shown during the second hearing clearly showed two officers carrying Mariana while she was unconscious, and that there were no signs prohibiting smoking in the turnstile area.

In those same videos, more people can be seen smoking. “The argument—between Gómez and Rojo—couldn’t have lasted more than two or three minutes,” the lawyer said, explaining that when Mariana tried to leave, Officer Rojo prevented her, intending to arrest her (even though he addressed her using male pronouns). “There was an illegitimacy in the order, not resistance to authority,” he added.

"Discriminatory selection"

Teskiewicz cited Law 1799 on tobacco control, which applies to the City of Buenos Aires. He stated that the law does not allow for the detention of those smoking, but rather for action against those responsible for the establishment where the smoking is occurring, for failing to exercise control. Having explained this, he then asserted that there had been a “discriminatory selection of the smoking couple.”

Regarding Villarreal's injuries, the defense cited that even the official herself stated in her testimony that the tear could have been caused by the fall. They also noted that Rojo's knee injury was caused by hitting a hard surface, explaining that it could have occurred when Rojo and Gómez fell to the ground.

“Mariana did not resist a lawful order,” the lawyer said in his closing arguments before requesting acquittal. Judge Yungano stated that the noise outside prevented her from deliberating and postponed Mariana Gómez's testimony and sentencing until Friday the 28th.