Massimo Bossetti's defense will be able to access the disputed findings on the Yara Gambirasio case.
The Cassation accepted, with referral for a new examination before the Court of Assizes of Bergamo, the appeal of the defense of the man definitively sentenced to life imprisonment on 12 October 2018 for the murder of the 13-year-old who disappeared on 26 November 2010 in Brembate di Sopra (Bergamo) and found dead on February 26, 2011.
The First Criminal Section of the Supreme Court remanded the order of 21 November 2022 of the Court of Assizes of Bergamo, which, during the execution, had denied Bossetti's defense the right to access the confiscated exhibits for the purpose of carrying out defensive investigations in view of the possible review of the trial.
The Court of Assizes of Bergamo will now have to allow the defense to inspect the finds. If the defense makes a new specific request, the judges will have to evaluate the concrete possibility of new technical investigations and their not manifest uselessness.
Bossetti, who lived in the Bergamo area, in Mapello, where he worked as a bricklayer, has been in prison since 14 June 2014 . It was identified after a sensational investigation with DNA tests on 25,700 people. As emerged in the debates, the queen evidence against Bossetti - namely the genetic sample 31 G20 which collected the trace of his DNA, found on the victim's leggings - by dint of being analyzed is exhausted. So the DNA test on that trace can no longer be performed.
In about a month we should know the reasons for the decision issued this evening by the supreme judges and we will understand precisely which exhibits the defendant's defense has allowed access to .
(Unioneonline/D)
