Prosecutors seek 12-year term for Maradona’s doctor as landmark retrial over death ends

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Argentina’s high-profile retrial over the 2020 death of soccer legend Diego Maradona concluded its debate phase on Thursday, with judges at San Isidro’s criminal court scheduling a verdict for December 22, 2026. The six-month hearing period leaves neurosurgeon Leopoldo Luque and five co-defendants facing possible prison sentences after prosecutors and family lawyers delivered closing arguments.

Where the case stands

Judges Alberto Ortolani, Pablo Rolón and Alberto Gaig confirmed the December date after a second round of hearings that began on April 14, 2026. Latin Times reported the retrial reconstructed the two-week home convalescence at Maradona’s San Andrés estate in Tigre, north of Buenos Aires, and included more than 45 hearings and roughly 75 witness testimonies.

Exterior of San Isidro courthouse where judges set the December 22, 2026 verdict date
San Isidro criminal court where the retrial verdict is scheduled.

The original trial, which opened on March 11, 2025, was voided when a producer was found filming inside the courtroom in violation of restrictions — footage that reportedly centered on Judge Julieta Makintach. Her removal and the subsequent resignations of two colleagues erased about 21 hearings and 44 testimonies and forced the retrial, Latin Times reported.

What prosecutors and plaintiffs asked for

Prosecutors Patricio Ferrari and Cosme Iribarren charged several members of Maradona’s home-care team with homicidio simple con dolo eventual — commonly translated as simple homicide with eventual intent, a classification that, under Argentine law, applies when the accused foresaw the risk of a fatal outcome and acted (or failed to act) regardless. Latin Times says the prosecution sought 12 years’ imprisonment for Luque and a decade-long professional disqualification that would effectively end his medical practice; the statutory range for the charge runs from 8 to 25 years.

Plaintiff attorneys representing Maradona’s children varied in their demands. Fernando Burlando, representing daughters Dalma and Gianinna, asked the court for 15 years for Luque and sought 12 years for Swiss Medical coordinator Nancy Forlini and 10 years for psychiatrist Agustina Cosachov, according to Latin Times. Mario Baudry, representing Maradona’s youngest son Dieguito Fernando, requested 16 years each for Luque and Forlini. Prosecutors also sought 10-year terms for Forlini and Cosachov and shorter terms for some nursing staff.

An acquittal and remaining defendants

General practitioner Pedro Di Spagna was the lone defendant for whom both the state prosecutors and all plaintiff attorneys abandoned charges; the bench formally acquitted him before closing arguments concluded, Latin Times reported. Six defendants therefore remain subject to the December ruling.

Arguments presented to the court

Prosecutor Patricio Ferrari framed the state’s theory as willful passivity: that Luque, as the primary physician overseeing Maradona’s home care, observed escalating warning signs and repeatedly failed to act. Latin Times cites AFP reporting that said the prosecution described his overall attitude as “always to do nothing.” Ferrari argued that the team recognized the risk of a fatal outcome, accepted it implicitly, and produced it through systematic inaction.

Lawyer speaking to reporters outside court after closing arguments by the family
Family attorneys delivering closing arguments and statements to reporters.

Defense attorneys disputed that characterization. Roberto Rallín told the court he would rely on the trial record rather than what he called a media-driven spectacle, while co-defender Francisco Oneto challenged the medical premise that Maradona’s fatal heart failure could have been predicted, arguing pre-surgical tests did not show cardiac abnormalities. The defense also stressed professional scope, noting Luque is a neurosurgeon whose specialty is brain injuries rather than comprehensive cardiac or internal-medicine management. When given a final turn, Luque addressed the court with “I am innocent.”

Voices from the family

During the plaintiff phase, Burlando delivered an extended closing argument that sharply accused the medical team of abandoning Maradona. Latin Times reported he told the court the team had “killed a mythological hero.” After arguments ended, Dalma Maradona addressed reporters, saying, “I hope my father receives the justice he deserves — like anyone else.”

What the December verdict could mean

Under Argentine law, a conviction for homicidio simple con dolo eventual carries a minimum sentence of eight years, so any ruling in favor of the prosecution on that charge would result in prison time for those found guilty. Diego Armando Maradona died on November 25, 2020, at a property within the San Andrés estate in Tigre, two weeks after surgery to drain a subdural hematoma. Latin Times noted that Argentina has sought a legal resolution to his death for six years; the court is now set to deliver one on December 22, 2026.

Reporting summarized from Latin Times.

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