Presumed Innocent
Presumed innocent Antenna 3 Cassation Rosa and Olindo, Garlasco murder, Stasi, Sempio, insanity, Garulfi suicide
On 24.03.2025, lawyer Federica Liparoti was a studio guest on the TV programme Presunto Innocente, hosted by Daniele Porro, broadcast on Antenna 3 / Telelombardia, offering a technical contribution to the analysis of relevant crime cases in Italy.
Initially discussed was the appeal to the Supreme Court presented by the lawyers of Rosa Bazzi and Olindo Romano against the Brescia Court of Appeal's decision to declare inadmissible the petition to review the sentence that definitively sentenced the couple to life imprisonment, holding them responsible for the Erba massacre on 11 December 2006, in which Raffaella Castagna, Youssef Marzouk, Paola Galli and Valeria Cherubini were brutally murdered. The husband of the latter, Mario Frigerio, who was stabbed in the throat and believed dead by his assailants, managed to save himself thanks to a congenital malformation of the carotid artery, which prevented him from bleeding to death. The massacre took place in Raffaella Castagna's house, in a renovated courtyard in the centre of Erba. After the crime was carried out, the flat was set on fire. The grounds for the request to reopen the trial include the alleged unreliability of Frigerio's testimony, as well as the presumed new evidence, rejected eight months ago by the Brescia judges, and questions about the reliability of the confessions initially made by Rosa and Olindo, which were later retracted.
Next, recent developments in another case of national media relevance were analysed, concerning the murder of Chiara Poggi, which occurred on 13 August 2007 in Garlasco. On 12 December 2015, the Supreme Court of Cassation definitively recognised the victim's boyfriend, Alberto Stasi, who is serving his sentence in Bollate prison, as the sole perpetrator of the crime. However, according to recent investigations, there are new data and findings to be assessed against other suspects, including Andrea Sempio, a friend of Marco Poggi, the victim's brother. These are traces of DNA found on Chiara Poggi's fingernails which, according to the Prosecution, would be compatible with Sempio's, biological traces on Chiara's computer and on the bath mat, Sempio's telephone calls to the Poggi house the week before the crime, between 7 and 8 August 2007, the fingerprint strips on the soap dispenser in the bathroom of the Poggi house, some original wiretaps which have never been transcribed, the receipt for a car park in Vigevano shown by Sempio in an interrogation a year after the crime, the traces and printouts of the telephone cells tapped by Sempio's mobile phone in Garlasco instead of in Vigevano on the day of the crime, and the trace of a shoe at the crime scene for which there are now uncertainties. Although new exhibits were available, investigators have since discovered that some items crucial to the investigation had been taken from the Criminal Offences Bureau in Pavia and destroyed forever. These include the pink pyjamas Chiara Poggi was wearing on the day she was murdered. Alberto Stasi reiterates his innocence, having recently declared: ‘If Sempio's DNA was found on Chiara's fingernails there must be a reason. I do not know him'.
Then came the pre-trial developments in the case of Riccardo Chiarioni, the 18-year-old who, on the night between 31 August and 1 September last year, a minor at the time of the events, killed his father, mother and 12-year-old brother with 108 stab wounds in their small villa in Paderno Dugnano, in the province of Milan, after a birthday party. According to the results of the psychiatric report ordered by the Milan Juvenile Court Judge, the boy would have been partially incapacitated. The partial mental defect, if recognised in the abbreviated trial that is expected to start soon, would lead to a reduction of the sentence, which would be added to the discount already provided for juvenile defendants. A defence counselling had instead ascertained a total incapacity for him. If the defence counsellor's thesis were accepted, the boy would be acquitted, although a security measure would be applied.
Afterwards, some reflections were made on the investigation for incitement to suicide for Alexandra Garufi, 21 years old, registered as Davide. The suicide occurred last Wednesday in Sesto San Giovanni, in the Milan area. Having recounted her own gender transition on social networking sites gave rise to harsh criticism from haters, which may have exacerbated the young tiktoker's malaise and contributed to her decision to end it all. The Monza Public Prosecutor's Office opened a file for failure to carry a firearm and for incitement to suicide.
Finally, a news episode was reported concerning a robbery of a 90-year-old man: two fake police officers broke into his home in Rovellasca, in the province of Como.

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