Jury of former councilor Marcos Paccola is postponed for the 3rd time; defense alleges lack of access to evidence

The trial of former councilor Marcos Paccola was postponed by the courts this Friday (13). The reason was the defense's lack of full access to the evidence.

The judge ordered police agencies to make the documents available within 20 days. She also demanded clarification about the location of the weapon used in the crime.

The crime occurred on July 1, 2022, when Alexandre Miyagawa was killed. Paccola claims self-defense and had his mandate revoked in the Chamber.

The trial of former councilor Marcos Paccola, accused of killing Alexandre Miyagawa de Barros, was postponed for the third time, following a decision by the Mato Grosso Court this Friday (13), because the defense has not yet had full access to the evidence in the case. The Jury Court session was scheduled for Tuesday (17), at 9 am, in Cuiabá, and the new date is yet to be defined.

Initially, the jury was scheduled for August 27, but was postponed after the lawyer defending Paccola left the case. The trial was rescheduled for October 22nd and then transferred to November 17th.

In the new decision, judge Cristhiane Trombini Puia Baggio determined that the Official Expertise and Technical Identification (Politec) and the Specialized Homicide and Personal Protection Police Station (DHPP) make documents, files and objects available to the parties within 20 days.

Paccola is charged with qualified homicide and claims that he acted in self-defense of himself and others.

The judge also demanded clarification about the weapon used as an instrument of crime. Despite having been seized, the pistol was found in the possession of another person in September 2025, according to a police report cited in the decision.

According to the decision, the defense requested access to the material in August and detailed the items it intended to consult in September. Authorization was granted on October 21, with the agreement of the Public Ministry of Mato Grosso (MPMT).

The document records that the lawyers attended the judicial secretariat on two occasions, on October 2 and 27, to obtain files and consult the seized objects, but were unable to access all the material. Part of the evidence is outside the electronic process system.

In a new request, presented on Thursday (12), the defense requested the postponement of the jury and the immediate delivery of the pending items, including a flash drive and an envelope identified in the records. When accepting the request, the judge stated that authorizing access is not enough: time must be guaranteed for lawyers to examine the evidence and prepare the defense before the trial.

For the judge, holding the session under these conditions could lead to the nullification of the jury and the need to hold a new trial.

In addition to establishing a deadline of 20 days, the judge ordered the agencies to inform when and how the material was made available. If an item is not located, they must record this information and identify who was responsible for storing it. After this period, the case will return to the judge to set a new date.

The decision also highlights conflicting information about where the 9 mm pistol indicated as the murder weapon was stored.

An expert report records that it was returned to Politec's Internal Expertise Coordination. A police report states that the weapon had been found with Oazir Francisco El Hage Júnior in September 2025. Subsequently, the DHPP reported that the pistol was in the police station's safe.

At the request of the MPMT, the judge ordered the DHPP to present, also within 20 days, the complete history of the weapon since seizure, with documents proving where it went and who was responsible for its custody.

The police must explain, in particular, how the pistol was allegedly in the possession of another person. The decision does not clarify how this would have occurred.