Maradona death trial: prosecutors seek up to 12 years in prison

Argentine prosecutors asked a court in San Isidro on Thursday, October 8, to sentence Diego Maradona’s former physician Leopoldo Luque to 12 years in prison over the footballer’s 2020 death. They sought shorter terms for five other medical professionals and withdrew charges against a seventh. The requests came in closing arguments in a retrial; the court has not delivered a verdict.

The prosecution’s requests differ sharply among the defendants. Infobae reported that prosecutors accused Luque, a neurosurgeon, of simple homicide with eventual intent. They sought 10 years for medical coordinator Nancy Forlini and eight years for psychiatrist Agustina Cosachov under the same legal theory. Those are accusations and proposed penalties, not findings of guilt.

What prosecutors asked for in the Maradona trial

For psychologist Carlos Díaz, prosecutors sought a five-year term after reducing the accusation against him to culpable homicide, according to Infobae. They requested four years each for nurse Ricardo Almirón and nursing coordinator Mariano Perroni on the same lesser charge, along with professional disqualification. The differing requests show that prosecutors did not present all seven defendants as having the same responsibility for Maradona’s care.

Prosecutors withdrew the accusation against physician Pedro Di Spagna, according to Infobae’s account of the hearing. The withdrawal is another proposed outcome for the court to address, distinct from the prison terms sought for the other six. Infobae also reported that the prosecution did not ask for the defendants to be detained immediately.

Why Maradona’s care at home is central to the case

Maradona died on November 25, 2020, at 60, while recovering at a rented home in Tigre, near Buenos Aires, two weeks after surgery for a brain clot. AFP reported his death as resulting from heart failure and acute pulmonary edema, a buildup of fluid in the lungs. The trial concerns the care he received during that period of recovery, rather than the surgery alone.

A central dispute is whether allowing him to recover in a private home instead of a hospital amounted to negligent care. According to AFP, prosecutors pointed to the absence of equipment including a hospital bed and defibrillator, and to the lack of a quickly available ambulance. Medical experts testified about warning signs before his death, including breathing difficulties, an elevated heart rate and edema. The prosecution says those signs required a response; the defendants dispute that their conduct caused an avoidable death.

Assistant prosecutor Cosme Iribarren said the signs of a fatal outcome had appeared well before Maradona died, AFP reported. The defendants, in turn, have argued that they performed their jobs and have each disputed the extent of their individual responsibility for his care. How the court assesses those competing accounts will determine whether the requested sentences have any effect.

How the defense and Maradona’s family responded

Cosachov’s lawyer, Vadim Mischanchuk, told Infobae that her defense would seek an acquittal. He said the evidence showed that her conduct was correct, while acknowledging that the prosecution had made the request it was expected to make. His position directly contests the allegation underpinning the proposed eight-year sentence.

Fernando Burlando, a lawyer representing Maradona’s daughters Dalma and Gianinna, told Infobae he would have sought somewhat longer sentences. He nevertheless supported the decision to withdraw the accusation against Di Spagna. The family lawyer’s response underscores that even those seeking accountability did not treat every defendant’s position identically.

What happens before a verdict

This is a retrial. The first trial was annulled in 2025 after it emerged that one of its judges had participated in a documentary about the case, AFP reported. The annulment means the court hearing the current case must reach its own decision on the accusations and the evidence presented to it.

AFP reported that closing arguments were expected to continue for about two weeks, with a verdict to follow later. No verdict date was established in the available reports. For now, the 12-year figure is the highest sentence prosecutors have requested, not a sentence imposed on Luque or anyone else.