The investigating judge of Venice Alberto Scaramuzza has ordered the registration in the Register of suspects for procedural fraud or misdirection for the prosecutor in the Yara case, Letizia Ruggeri , at the conclusion of the hearing to oppose the dismissal presented by Massimo Bossetti's lawyers. The story concerns the preservation of finds from the investigation which in 2018 led to the life sentence, with final conviction, of the Mapello bricklayer.
The transmission of the documents to the Prosecutor's Office for the investigating judge serves to "allow the prosecutor to make a complete assessment of his position in relation to all the complaints of the opponent" which require "necessary in-depth analysis", and in order to "allow the same a adequate defense". Archived the positions of the President of the Court of Assizes Giovanni Petillo and the official of the corps of crime office Laura Epis . For Ruggeri, on the other hand, there will be other investigations "in the face of a complaint-complaint and an act of opposition by the offended party (Bossetti ed) largely directed towards the behavior of the prosecutor".
After sweeping DNA checks, in 2014 Ruggeri resolved the case of the girl from Brembate di Sopra (Bergamo) who disappeared and was killed, four years after the crime. Bossetti with his defenders Claudio Salvagni and Paolo Camporini presented a complaint for procedural fraud and misdirection to the Venice prosecutor's office, which deals with magistrates. The state of conservation of the 54 residual DNA samples transferred, after the three levels of judgement, from the San Raffaele in Milan to the crime corps office in Bergamo is in the crosshairs.
The lawyers have asked several times to be able to access the findings of the investigation but have always received a no from the judges .
The Prosecutor of Bergamo, Antonio Chiappani, says he is "frankly surprised that after three levels of judgment, after seven rejections by the judges of Bergamo both in the analysis and in the verification of the state of conservation of the finds and residual DNA samples" there was the registration in the Register of suspects of the prosecutor Ruggeri. Surprised, explains the magistrate, that "the misdirection regarding the conservation of the test tubes of organic residues is now attributed to the prosecutor" , after "in the three levels of judgment the defense request for an expert report on the DNA had been rejected, after the definitive sentence which occurred in October 2018 which ascertained the guilt of the perpetrator of the murder of Yara, and after more than a year had passed since this definitiveness ".
The 54 organic residues had "remained regularly cryo-preserved in a cold room of the San Raffaele institute until November 2019 , therefore more than a year after the sentence became final, and only subsequently confiscated as required by the Code of procedure », recalls the head of the Orobic Public Prosecutor's Office.
"The Venice provision comes after the Bergamo Court of Assizes had denied the defenders access to these test tubes on two other occasions and after the Venice prosecutor's office had asked for the position of the President of the Court of Assizes to be dismissed of Bergamo and a chancellor following the complaint for misdirection, and after the Court of Assizes of Bergamo had ordered the transmission of the documents to Venice for the evaluation of the allegations of illegality that Bossetti's defense had advanced against the Public Prosecutor's Office of Bergamo - concludes Chiappani -. I understand that there has been a specific request to the examining magistrate for the transmission of documents to the Venice prosecutor's office by Bossetti's defense against the prosecutor Letizia Ruggeri. And therefore the provision of the investigating judge can be included in the framework of this new complaint. I am confident that the correctness of the conduct of my colleague will emerge during the investigations ».
(Unioneonline/D)
