Editor’s Note
This article details a significant development in the Kimberly Moya case, where the defense is seeking the presiding judge’s removal over allegations of bias. The request underscores the legal tensions surrounding this high-profile investigation.
The defense of Gabriel “N”, implicated in the disappearance of Kimberly Moya, is requesting the removal of the judge for suggesting he might be acting “in a serial manner” in this type of crime.
In an unexpected turn in the case of the disappearance of Kimberly Hilary Moya, the defense of Gabriel Rafael “N”, one of the two accused, has filed a motion for recusal to have the judge overseeing the proceedings removed.
The legal action comes after, during a hearing, the judge expressed his opinion that the alleged perpetrators might be acting “in a serial manner,” which the defense considers prejudgment and a sign of bias.
Now, an appellate court will determine whether the judge continues to lead the case or is replaced, while the search for the 16-year-old student from CCH Naucalpan continues.
The controversy arose during last Tuesday’s hearing, where the legal status of the accused was reviewed. It was at that moment that the judge, based on evidence from the investigation file, indicated there were grounds to suggest a probable serial pattern of action by Gabriel Rafael “N” and Paulo Alberto “N”. That is, they might have an established modus operandi and have attacked other young women besides Kimberly.
Kimberly Hilary Moya González, 16, disappeared on October 2 after leaving her home in the San Rafael Chamapa neighborhood in Naucalpan to make some copies. The investigation by the State of Mexico Attorney General’s Office led to the arrest of Gabriel Rafael “N”, 57, and Paulo Alberto “N”, 36, who have already been formally charged with aggravated disappearance and are being held in Barrientos prison.
The evidence against them is compelling:
The Gray “Vocho”: Security cameras captured how a gray Volkswagen Sedan, driven by Paulo Alberto “N”, followed Kimberly. Subsequently, Gabriel Rafael “N” is seen running towards her, subduing her, and putting her in the vehicle.
The Bloody Boots: During a raid on the workshop where Gabriel Rafael “N” worked, boots with blood stains were found. Forensic analysis confirmed that the DNA from the blood matches that of Kimberly’s parents, indicating a high probability that it belongs to the young woman.
Despite the arrests and evidence, the accused have not revealed Kimberly’s whereabouts, and she remains missing.