All the applications presented by Massimo Bossetti’s lawyers were rejected by the Bergamo Court of Assizes, presided over by judge Donatella Nava. The decision, today June 3, 2021, comes at the expiry of the deadline. The defense of the carpenter of Mapello, sentenced tolife sentence for the murder of the thirteen year old Yara Gambirasio, asked to be able to re-analyze the findings of the investigations, confiscated after the final sentence, in order to have a possible review of the trial. The interest, in particular, was about DNA samples, even if, by the lawyers’ own admission, during the trial it emerged that the decisive trace, the one from which Ignito 1’s DNA was extracted, is no longer usable. The defenders will not even be able to reconnoiter.
The lawyers Claudio Salvagni and Paolo Camporini after the last hearing at the court of Bergamo
The judges also ordered, as requested in the courtroom on 19 May last by the prosecutor Antonio Chiappani, the transmission of the documents to the Public Prosecutor’s Office of Venice for the appropriate evaluations. The magistrate had denounced alleged impropriety of the defenders (in recent months a complaint was presented against the Orobic prosecutors) and it will now be the task of the Venetian magistrates, competent to investigate colleagues in the district of the Brescia Court of Appeal, to evaluate any hypothesis of crime to their detriment.
Today’s decision comes after several steps. Last January 12th, the Court of Cassation had annulled the decrees by which, on 26 May and 30 June 2020, the president of the Bergamo Court of Assizes Giovanni Petillo had rejected the requests of lawyers Claudio Salvagni and Paolo Camporini to access the findings of the investigation and DNA samples, as well as receiving the DVD with images of the artefacts from Ris. We need to take a further step back. On 22 November 2019, the president had authorized the lawyers to examine, as they wrote in the application, the findings, and then specified in December with a note to the criminal bodies office that it was a mere reconnaissance. In the meantime, at the request of the prosecutor Letizia Ruggeri, the confiscation of the finds. On the basis of this passage, at the new request of the defenders to access the material, the president replied that he was no longer competent to decide. Hence the appeal of the lawyers to the Supreme Court, which proved them right, in the sense that the Assize in any case competent to express itself on the finds even if confiscated as an execution judge, for Petillo he could not decide alone but in composition with the popular judges.
Canceled the decrees of the president, the ball to respond on the defensive requests therefore passed to a new Court of Assizes, chaired by judge Donatella Nava, who decided, after a hearing in which the prosecutor Ruggeri, together with the prosecutor Chiappani, had opposed.
June 3, 2021 | 16:09
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