Justice Delayed: The Complex Legal Battle Over Diego Maradona’s Death

The legal proceedings surrounding the death of Diego Armando Maradona have evolved into one of the most convoluted medical-legal sagas in Argentine history. What began as an investigation into the passing of a global icon has transformed into a battle over judicial impartiality, allegations of medical fraud and a startling personal transformation of the man at the center of the storm.

At the heart of the Maradona death trial is neurosurgeon Leopoldo Luque, the former personal physician to the football legend. Luque, along with six other health professionals, faces manslaughter charges in a case that has seen trials annulled, judges recused, and explosive testimony regarding the falsification of medical records.

For the global sports community, the case is more than a legal dispute; It’s a quest for accountability regarding the final days of a man who defined football for generations. However, the path to a final verdict has been anything but straightforward.

A Judicial Reset and the Push for a Jury

The legal process has been plagued by instability. A trial that commenced in March and ran through May saw more than 40 witnesses testify, only to be completely annulled. The collapse of the proceedings occurred after it was revealed that one of the presiding judges, Julieta Makintach, had appeared in an unauthorized documentary about the trial.

Following this annulment, the judiciary selected a fresh court in June to restart the process. However, the momentum stalled again when another judge recused himself for health reasons, necessitating the appointment of a new magistrate to move the case forward.

In response to these systemic failures, Leopoldo Luque’s defense team has filed a formal request for a trial by jury. Julio Rivas, one of Luque’s lawyers, expressed a profound lack of faith in the existing judicial structure, stating to the press that “since there is no impartial court in the world, we prefer that the people judge it.”

The defense has indicated that if the request for a jury trial is denied, they will appeal to the Supreme Court—a move that would likely cause further significant delays in the restart of the proceedings.

Allegations of Fraud and Professional Ego

While the procedural delays dominate the headlines, the testimony emerging from the hearings provides a glimpse into the chaotic environment surrounding Maradona’s final medical interventions. One of the most damaging revelations came from surgeon Rodolfo Benvenuti.

During a hearing on April 24, 2025, Benvenuti testified that Luque had falsified a medical report to falsely claim he was the lead surgeon in Maradona’s final operation. Benvenuti recounted being contacted by Victor Stinfale, Maradona’s lawyer, to assess if Luque was fit to operate on the subdural haematoma detected on November 3, 2020.

According to Benvenuti, he determined that Luque was unfit for the procedure—an opinion shared by Maradona’s daughters. The testimony described a high-tension atmosphere where Luque allegedly insisted on performing the surgery, calling it “the opportunity of a lifetime,” and reportedly suffered an emotional crisis, bursting into tears when the decision was made that he would not lead the operation.

Records show the surgery was ultimately carried out by a team of four doctors led by surgeon Pablo Rubino, despite Luque’s alleged efforts to appear as the primary surgeon in the official documentation.

The Medical Timeline: November 2020

To understand the gravity of the charges, one must appear at the clinical timeline of Maradona’s final weeks. In early November 2020, the former star underwent surgery to remove a blood clot from his brain. Following the procedure, he was placed under home care in a rented house in Tigre, a suburb north of Buenos Aires.

On November 25, 2020, Maradona died at the age of 60. The cause of death was identified as pulmonary oedema, resulting in a cardio-respiratory arrest.

The prosecution has charged Luque with “homicidio simple por dolo eventual”—simple homicide by eventual intent. This legal designation suggests that the perpetrator was aware that their conduct could cause harm but proceeded regardless. Under Argentine law, this crime carries a maximum penalty of 25 years in prison.

An Unexpected Transformation

As the legal battle drags on, the public image of Leopoldo Luque has undergone a drastic change. When the trial first began on March 11, 2025, in San Isidro, observers were struck by Luque’s new, muscular physique.

The mystery of his appearance was solved when it was revealed that the neurosurgeon has dedicated himself to bodybuilding. Luque participated in the Rock Hard Physique Championship 2025, organized by the National Bodybuilding Committee. Local reports indicated that the physician won in three different categories during the competition.

While his defense team confirmed his involvement in the sport, they have declined to provide further details on how the physician balances the rigors of competitive bodybuilding with the pressure of a manslaughter trial.

The intersection of medical malpractice allegations, judicial scandal, and the personal eccentricity of the defendant has made this one of the most watched legal battles in South America. For the family of Diego Maradona, the goal remains a definitive answer as to why the world’s most beloved footballer died under the care of those entrusted with his life.

The next critical checkpoint will be the court’s decision on Luque’s request for a trial by jury. If denied, the defense’s threatened appeal to the Supreme Court could push the resolution of this case even further into the future.

Do you believe a jury trial would provide a fairer outcome in a case involving a figure as polarizing as Maradona? Let us know in the comments.