Argentine court declares mistrial in Diego Maradona death case over judicial ethics breach

Judge’s documentary role prompts legal reversal
A court in Argentina has declared a mistrial in the ongoing trial against seven health professionals accused of medical negligence in the 2020 death of soccer legend Diego Maradona.

The ruling followed the recusal of Judge Julieta Makintach, who came under scrutiny after her involvement in a documentary series titled Divine Justice, which covers the aftermath of Maradona’s death through the current legal proceedings.


Also read: Was Diego Maradona's death a case of tragic negligence or cold-blooded murder? Disturbing details emerge as court probes how the Argentine football legend died

The prosecutor presented a trailer from the series, alleging that Makintach violated judicial ethics by allowing a film crew to document her actions inside the Buenos Aires courthouse. The teaser included dramatized footage of the judge walking through court halls during closed-door sessions.

Makintach resigned from the case on Tuesday, May 27, saying she had “no choice” but to withdraw. On Thursday, May 29, Judge Maximiliano Savarino stated that Makintach's lack of impartiality had undermined the case and led to the mistrial.

New trial ordered after ethics controversy
The decision voids all progress made since the trial's start on March 11, 2024. A higher court will now assign a new panel of three judges through a lottery system. No new trial date has been set, though the court stated it would occur “within a reasonable period of time.”

The trial had already conducted 21 hearings, calling on numerous witnesses including medical experts and family members. It was originally expected to conclude by July 2025. The reset now delays the proceedings indefinitely.

Two of Maradona’s daughters, Gianinna and Dalma, were present at the courthouse and became emotional upon hearing the decision.

Also read: Diego Maradona's medical team on trial for homicide, faces 25 years in jail

Medical negligence at center of charges
The seven defendants, including Diego Maradona’s primary physician, psychologist, psychiatrist, medical coordinator, and two nurses, face charges of culpable homicide. This Argentine legal classification is similar to involuntary manslaughter and carries a maximum sentence of 25 years.

Prosecutors allege that Maradona’s care team failed to monitor and hospitalize him appropriately during his recovery from brain surgery in late 2020. He died of cardiac arrest on November 25, 2020, at age 60, while at a rented home outside Buenos Aires.

Expert testimony in the earlier phase of the trial indicated that Maradona may have suffered for up to 12 hours without sufficient medical supervision.

The defendants deny all charges and argue that Maradona was uncooperative and refused necessary medical treatment.

Public and legal attention continues
The case has received extensive attention across Argentina and globally, given Maradona’s prominent legacy in international soccer. Known for leading Argentina to a World Cup victory in 1986, Maradona is considered one of the sport’s greatest players.

Also read: Maradona's final play: Doctor claims home care was 'red card' to recovery in testimony

His personal life, which included struggles with substance abuse, has remained a frequent subject of public interest. The trial’s combination of legal, ethical, and personal drama has further amplified its visibility in Argentine media.

Despite the legal setback, the case is expected to resume under a newly assigned judicial panel. Schedules and procedural details will be announced after the court completes its judge selection.