The beraking latest news agency publishes excerpts from the deed requesting the reopening of the trial. And on the only eyewitness the prosecutor says: “Victim of false memory”
Olindo Romano and Rosa Bazzi, who are serving life sentences for the Erba massacre, are victims of a judicial error and innocently in prison. Their defense attorney does not say so but the prosecutor supporting the prosecution. Milan’s pg Cuno Tarfusser has made a request to review the trial for the death of Raffaella Castagna, her 2-year-old son Youssef Marzouk, the little one’s grandmother Paola Galli and a neighbor Valeria Cherubini. And in the 58 pages of his document, partly published exclusively by the beraking latest news agency, all the errors and forcings made by the prosecution in the three levels of judgment are put on paper. A story, that of the unjust sentence suffered by Olindo Romano and Rosa Bazzi which had been the subject of numerous investigations by Le Iene.
Another offensive moved by the deputy prosecutor of the Milan Court of Appeal is to ask the Brescia Court of Appeal to renew the hearing instruction “regarding the Erba massacre”. He asks to examine the 57 technical consultants who have drawn up the technical consultancy on the methods, technologies, the checks they have carried out and the results they have achieved. The prosecutor also wants any further verification necessary for the purposes of deciding according to truth and justice to be carried out. From the outset, many elements had been found, which could have been taken into consideration by the judges, regarding the Massacre of Erba. These elements could have judged the proof of the ‘recognition’ unreliable, the proof of the ‘bloodstain’ dubious and induce the ‘confessions’ in ways that we can define as ‘unorthodox’.
It is therefore necessary for the Brescia Court of Appeal to examine the 57 technical consultants and for any further investigation to be carried out to ensure that the Erba massacre is judged according to truth and justice. The deputy prosecutor of the Milan court of appeal, with his offense, took an important step in the process of seeking the truth.
Science can exonerate Olindo and Rosa “Today, after more than 17 years, science – if hopefully allowed to do so in the rescission judgment – is fortunately able to provide on its own, but above all in conjunction with the numerous critical issues in acts and not in acts, in any case never evaluated, those scientific certainties suitable for breaking down the three pillars of evidence on which the life sentence of Olindo Romano and Rosa Bazzi are based” reads the document published by beraking latest news.
The extorted confessions The public prosecutor Cuno Tarfusser underlines how the context in which the evidence against the defendants matured is “a context in which to define ‘sick’ is an exercise in euphemism”. Once all the elements in the file have been taken into consideration, the two defendants are acquitted of the murder charge. The Massacre of Erba is a story of submerged justice, in which the evidence was not sufficient to convict the two defendants. The testimonies, the acknowledgments by eyewitnesses, the bloodstain found on the door sill of Olindo Romano’s car, the confessions of the two defendants and the technical-scientific investigations were not sufficient to demonstrate the guilt of the two. The trial was a real struggle for justice, which was eventually met with the help of more sophisticated techniques and methodologies. The Massacre of Erba is a story of submerged justice, which still remains one of the most controversial cases in Italian judicial history.
New evidence to reopen the process The request for revision is linked to two of the four hypotheses, envisaged by article 630 of the criminal procedure code, namely, “the discovery of ‘new evidence’ following the conviction such as to demonstrate that the convicted should be acquitted (letter c) and that, partly descending as a consequence of the ‘new evidence’, referred to in letter d, or the demonstration that the sentence was pronounced as a consequence also of false documents or in court”.
Mario Frigerio the only witness victim of “false memory” Those who support the guilt of Olindo and Rosa, on the other hand, use the sole survivor of the Erba massacre as overwhelming proof. Mario Frigerio, who lost his wife Valeria Cherubini in the Erba massacre, claims the Milan pg instead, is not reliable. “The worsening of the psychic condition and the cognitive deficits manifested by Mario Frigerio during his hospital stay, the incorrect investigative interview techniques full of numerous suggestions made about him and the clear violation of precise and well-known scientific laws regarding memory and recognition of faces demonstrate in an incontrovertible way that the memory concerning Olindo Romano as his attacker is a false memory and that Mario Frigerio was an unsuitable subject to give valid testimony about the events that took place on the evening of 11 December 2006”, reads the document. For almost 17 years, the massacre in Erba has been making people talk and several times the show ‘Le Iene’ has questioned the sentences. Now, for the first time, a magistrate is trying to ‘crumble’ the three pieces of evidence on which the convictions are based. In particular, with respect to the recognition “one cannot fail to note how this recognition had a tortuous genesis, is affected by evident and serious critical elements that make it extremely doubtful but, above all, that it is based on elements which, despite being in have never been scrutinized and evaluated by the Courts of merit”.