Argentine Prosecutor Formally Charges First Fiscal in Alberto Nisman Murder Case
BUENOS AIRES (AP) — In an unexpected turn in the case surrounding the death of prosecutor Alberto Nisman, Argentine justice formally charged on Tuesday the first fiscal who had overseen the investigation into alleged irregularities at the scene in 2015.
Judge Julian Ercolini charged Viviana Fein, former head of a criminal prosecutor's office, with "obstructing justice" due to the gravity of the incident and her then-official role. "It has been verified that while Fein acted as the lead prosecutor for the procedure initiated by the homicide of Alberto Nisman, she did not adequately preserve the crime scene, which led to numerous inconsistencies," the magistrate stated in a ruling obtained by The Associated Press.
Ercolini's actions, he noted, directly impacted the proper development and outcome of the investigation triggered by Nisman's death.
The death of Nisman continues to cause widespread shock in Argentina, given his role as the investigating prosecutor for the 1994 AMIA mutual aid society attack in Buenos Aires, and the fact that few days after Cristina Fernandez's presidency (2007-2015) ended, there were allegations she negotiated impunity for former officials and diplomats tied to the terrorist act.
Fein was the initial prosecutor in Nisman’s case, concluding there was no third-party involvement—a finding that supported the suicide hypothesis. However, subsequent findings from a new forensic analysis determined that Nisman was murdered, with his death linked to the investigation against Fernandez’s government.
Fein, now retired, denied the accusations.
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Fein was the first judicial official responsible for the investigation into Nisman's death, initially asserting there was no external interference—bolstering the suicide theory. Yet soon after, the case landed in the hands of a federal prosecutor who, relying on updated forensic evidence, concluded Nisman was murdered and his death connected to the probe into Fernandez’s administration.
For Nisman’s murder, custodians and an ex-assistant prosecutor were indicted; the latter allegedly handed over the weapon used in the crime. No material evidence remains.
On Tuesday, Judge Ercolini pointed out Fein delayed nearly an hour and a half in reaching Nisman’s apartment; inadequately cordoned off the scene; entered without proper attire; allowed unauthorized movement of individuals lacking assigned roles; and manipulated or altered evidence without reporting essential proof to investigators.
Notably, Fein failed to secure the firearm used in the fatal shooting. “It was placed on various surfaces without any type of restraint. The same occurred with the magazine and cartridges found,” Ercolini remarked.
Fein, now retired, rejected the charges.
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Fein’s apartment yielded Nisman’s lifeless body with a gunshot wound to the head, discovered the night of January 18, 2015—one day before Nisman was scheduled to appear before Congress to detail accusations against Fernandez.
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