The High Court has ordered a retrial of Pedro Galera for the death of Alejandro Díaz in the early hours of 11 June 2011 in the shopping centre El Foro, Mérida, after an appeal by the counsel for the defence, José Duarte, for a formal error: the neurosurgeon at the Hospital Infanta Cristina in Badajoz did not appear as a witness, although he had issued a report which was accepted in the previous trial.
The defence hopes to prove that Díaz suffered a previous congenital illness and that this caused his death. However, the mother of the deceased, Claudia Elena Díaz, considers the retrial "unjust" because she claims the neurosurgeon "did not attend" to her son in the Mérida hospital where he was taken after the incident.