The Court of Cassation upheld the appeal of the defense of Massimo Bossetti, convicted of the murder of Yara Gambirasio, annulling with referral the order of 21 November 2022 of the Assize Court of Bergamo which, at the time of execution, had denied the defense the right to access the confiscated finds for the conduct of defensive investigations in view of the possible review of the trial.
The Court of Assizes - specify the ermines - will have to allow the defense of Bossetti the "recognition of the finds, within the limits already authorized in previous measures, establishing at the same time the appropriate precautions suitable to guarantee their integrity. At the end of the reconnaissance, if the defense will make a new specific request, the Court of Assizes 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 was a bricklayer, has been in prison since June 14, 2014, the DNA evidence collected after sifting through thousands of genetic profiles of the inhabitants of the area where the crime of the thirteen-year-old girl who on the day of her disappearance was going to the gym to do gymnastics training took place.
However, as emerged in the hearings that have opened following the attempts of the defense to reopen the trial and play the card of revision, the queen evidence that pointed the finger at Bossetti - the genetic sample 31 G20 that collected the trace of his DNA, found on the leggings of the victim - by dint of being analyzed is exhausted. So DNA testing on that trace can no longer be performed.
In about a month we should know the reasons for the decision issued last night by the supreme judges, and we will understand precisely for which finds the defendant's defense was allowed access.