In Aibonito, Judge Luis Barreto Alteri recused himself on Wednesday from handling the request for a new trial filed by Elvia Cabrera Rivera, who is serving a 102-year prison sentence for the murder of Gabriela Nicole Pratts Rosario. The recusal came after Cabrera’s defense filed a motion at 4:30 PM asking that another judge evaluate the case.
Her lawyers, Mayra López Mulero, Alberto Rivera Ramos and Yancarlos Maysonet Hernández, argued that Barreto Alteri had already considered statements by Anthonieska Avilés Cabrera, the convict’s daughter, before imposing the sentence, which they said could raise doubts about his impartiality in weighing the evidence again, though they stressed they did not attribute bad faith to him. Attorney Alberto Rivera Ramos cited Canon 20 of Judicial Ethics in support of his argument, explaining that the judge learned of Avilés’s statements after the verdict but before sentencing and later issued a ruling related to that information.
The prosecution had opposed the change, arguing Barreto Alteri, who presided over the trial, was best positioned to evaluate the request. The recusal does not mean a new trial has been granted; another judge of the Aibonito court will now evaluate the defense’s petition, which cites new evidence and possible due process violations.