01x05 - Episode 5

[bunniefuu]

[ominous music playing]

[tense music playing]

[reporter 1] We're talking about
a serious incident.

[reporter 2] You all know that there's
been talk of an alleged fake video,

something counterfeit,
that was somehow modified.

[reporter 1] The exact purpose
of the video was to rally the press

around the story
the prosecution was trying to build.

[journalist 2] To ensure
everyone was convinced

that Bossetti was with his van
in that area.

[Oliva] So much so
that we aired several shows,

believing that Massimo Bossetti
had been going around the gym 16 times.

[journalist in Italian] We have the
impression the press has been exploited.

[in English] I spent so much air time
on my shows talking about something

that fundamentally made no sense.

[tense music fades]

[emotional music playing]

THE YARA GAMBIRASIO CASE:
BEYOND REASONABLE DOUBT

[music fades]

-[car engine starting]
-[tense music playing]

EZIA MACCORA - JUDGE
RECORDING FROM INVESTIGATION

[Maccora] Do you remember
where you were on November 26th?

[Massimo] I worked at my brother-in-law's
company, in Palazzago.

[Maccora] And afterward, when you
finish work, what do you usually do?

[Massimo] I either visit my brother,
who lives in Brembate di Sopra,

or I go directly home.

I live in Mapello.

Brembate di Sopra is halfway along
my route, and Palazzago is at the end.

The trip home involves
passing through Brembate di Sopra,

by Bruno Locatelli Street,
in front of the gym,

where there's a Shell gas station
on the left side of the road.

Then, I turn into the industrial area
on the right and take the road

from Locate to Mapello.

[Maccora] Generally, when you go
to work, what vehicle do you use?

[Massimo] A green Daily Iveco,
which I own.

-[Maccora] It's yours?
-[Massimo] Yes.

[Maccora] So, you were driving that
vehicle on that night as well?

-[Massimo] Every day, yes.
-[Maccora] Every day.

I always passed by there.

[journalist in Italian] The footage
showed images from five cameras

located within one kilometer in Brembate.

[Oliva in English] One was a bank,
one from a gas station,

one from the DMG company,
and two from Polynt.

The last two were much clearer.

The most detailed studies were made using
the camera's from the Polynt company.

EZIO DENTI - PRIVATE DETECTIVE OF DEFENSE
RECORDING FROM TRIAL

[Denti] This is an accurate schematic
of the current situation at Polynt,

where we have measured sidewalks,
railings, roads,

roadways, half the street,

the Polynt's methane cabin,

the public lighting pole,
the complete sliding gate,

the fence.

-Every single thing we could've done.
-[Ruggeri] Did you do this?

LETIZIA RUGGERI
PROSECUTOR

-[Denti] An expert did it.
-[Ruggeri] Seems like an architect.

[Denti] I'm not an architect.
This was done by an expert.

[Ruggeri] Can you tell me
who the expert is?

[Denti] Yes. The expert
is the architect Silver Plachesi.

[Plachesi] In architecture,
simply by knowing a measurement,

you can scale it and recreate
a one-to-one scale in your computer.

Suppose I take a picture
of the building's façade…

SILVER PLACHESI
ARCHITECT

…and know the bathroom window
is 70 centimeters wide.

This allows me to reconstruct
the architectural elements

and measurements that I need.

FRAME "SCALED" WITH CAD SOFTWARE

We noticed that on the van there was
big box, a tool chest with a Butti logo,

which has a particular size,
and only comes in one model.

-The box is 55 centimeters wide.
-[dramatic music playing]

As a result, I scaled the image
and measured the wheel length.

It turns out unequivocally

that that van is shorter than Bossetti's.

It's very simple,
the most basic thing in the world.

This was brought to Lago's
attention during his examination.

CLAUDIO SALVAGNI
MASSIMO BOSSETTI'S LAWYER

GIAMPIETRO LAGO - FORENSIC POLICE CMDR.
RECORDING FROM TRIAL

[Lago] This video was made in agreement
with the prosecutor's office.

Therefore, it's not our initiative.

My colleagues and I edited it for reasons
that were not necessarily analytical

but more representational.

[Salvagni] So you edited the video?

[Lago] We have edited
some bits and pieces.

[Salvagni] Okay.

[Lago] This video was then given
to the press and the media,

and they used it as they saw fit.

The thing that stood out
as particularly astounding…

LUCA TELESE
JOURNALIST

…was that they knew.

"We did this for the press."

And what is the press?

Is it a beast that has to be tamed
or to be fooled?

[tense music playing]

Why do that?

That is what we have to ask ourselves.

Why? What reason did the prosecution have
for showing a video

of my client driving around
the gym that night?

Clearly, a monster had to be created.

While following the trial,
I felt that I had absolutely no idea

how justice works.

At the trial, I would listen to certain
things, go home, tell my wife,

and then the TV and the newspapers
would say the opposite.

Therefore, I imagine
that people following the case indirectly

were put in the position of believing
only what the media was passing on

regarding the information.

Creating the image
of a monster was a crucial step

in the prosecution's investigation.

Because the incriminating evidence
was so insignificant

that it alone would not be enough
to secure a conviction.

[tense music fades]

Well then.

-Good morning.
-[journalist 1] Good morning.

-[journalist 2] So?
-[ominous music playing]

Are you aware that new,
substantial evidence has emerged

concerning the, uh, microfibers
collected from the victim's clothing?

[tense music playing]

These fibers are compatible
with fabric elements

analogous to those found
on the suspect's van's seats.

According to the prosecutor's office,
Yara climbed into the van from this side.

As you can see,
this is the original fabric of the van

from which the fibers that were allegedly
found in Yara's wounds were analyzed.

It's about compatibility,
Commander, isn't it?

-Thank you. I can't say any more.
-Of course.

[Salvagni] Either this strand of fabric
includes DNA

that we can compare and determine
that it was absolutely Bossetti's van,

or we only have compatibility
in a broad sense.

This would be consistent with fabric
found in tens of thousands of vans.

RECORDING FROM TRIAL

[Ruggeri] We took four other vans
of the same type,

three of which
had body type characteristics

identical to those of Bossetti's truck.

This confirms the purpose of the test,

which is not to prove that the victim
was sitting on those exact seats.

This only means
that the seats of that kind

can transfer fibers like the ones found
on the victim's clothing.

[tense music fades]

To conclude these investigations,

numerous small spheres,
mainly composed of iron,

were found on Yara Gambirasio's clothing.

Which are typical of construction sites.

CRISTINA CATTANEO
FORENSIC DOCTOR

[Ranalletta] "Construction site"
doesn't mean Bossetti.

I would have investigated
more meticulously

the work schedules
of all the people who were…

DALILA RANALLETTA
FORENSIC DOCTOR OF THE DEFENSE

…in some way,
in contact with Yara Gambirasio.

[Camporini] It wasn't
taken into consideration that her father

worked in construction and there was
a construction site near her home.

PAOLO CAMPORINI
MASSIMO'S LAWYER

[Ranalletta] Before arriving at Bossetti,

who until proven otherwise,
was a stranger to Yara Gambirasio,

I believe there could
have been other people

who were well-known
and very close with her,

who maybe worked in the same environment.

[mysterious music playing]

[Salvagni] Among the many pieces
of evidence brought by the prosecution

against Massimo Bossetti,

there were also those famous cell towers
that registered the presence

of Massimo Bossetti's cell phone

in the area near the gym.

MASSIMO BOSSETTI
RECORDING FROM INVESTIGATION

[Massimo] Mr. Salvagni told me
that my phone was located at 5:45 p.m.,

as I was on my way home, by a cell tower
that covers half of Brembate.

[journalist in Italian] The entire morning
hearing was spent analyzing cell towers.

PROSECUTOR OFFICE

[Telese in English] The issue
of these cell towers, until that day,

was considered certain beyond doubt,
that is, his phone was definitely there.

Why couldn't Mr. Bossetti explain
why he was there?

Then, during the cross-examination,
Mr. Salvagni asked,

"Have you tried to see
if that tower also covers Mapello?"

"Of course." "And does it cover Mapello?"

"Yes, it does.
We started from the periphery."

"You started from the periphery,

but did you get
all the way to Bossetti's house?"

Here, all of a sudden,
the conversation slowed down.

"Yes. We went all the way
to Mr. Bossetti's house."

"So, the tower also covers
Bosetti's house?"

"Yes, the same cell tower
covers his house as well."

So, what was the evidence?

So, he could have been blissfully at home
at that moment in time.

OCTOBER 16TH, 2015
BERGAMO

[tense music playing]

JUNE 15TH, 2014
MAPELLO



[Oliva] Once the match
has been established with Ester Arzuffi

as mother of Suspect One,

we then need her children's DNA.

She has two sons. One is Fabio,
the other is Massimo Bossetti.

MARCO OLIVA
JOURNALIST

[Di Landro] Law enforcement
in Bergamo is immediately notified,

and they quickly organize
a phony road block checkpoint.

[Marita] They stopped us
the night before the arrest.

They set up a fake checkpoint
at our small town's entrance.

[Massimo] Three agents were standing there
with machine g*ns,

one took me aside for an alcohol test

and asked for my registration
and driver's license.

Then told me everything was fine,
and I went home, no worries.

That's how he's tricked
into providing his DNA.

The comparison was made,
and after years of research,

we have Suspect One, Massimo Bossetti.

[mysterious music playing]

[Ruggeri] In two days, we carried out
our checks as quickly as possible,

looking for corroborating clues.

Ultimately, we were ready
to proceed with the arrest

on the assumption
that if the subject became aware

of the investigation focusing on him,
he would have likely attempted to flee.

[tense, dramatic music playing]

I'll never forget the day I was arrested.

I was finishing the roofing on this attic.

Suddenly, off in the distance,
I heard all these sirens blaring.

[distant shouting]

[Massimo] I saw an army.

Both local and state police.

-[Ponzone in Italian] He ran that way!
-[man] He's not running. No one's running.

[in English] I heard
the foreman calling me.

He said to me, really sharply,
"Massimo, come down."

[man 1 in Italian] Massi! Come down!

-[man 2] Where did he go?
-[man 1] Come down.

[Ponzone] He's running that way!

[Massimo in English]
I barely had time to get down

when I heard all these people
climbing the scaffolding.

[Ponzone in Italian] Over there!
Behind there!

[Ruggeri in English] When you saw police
coming toward you, what did you think?

-[Massimo] I was scared. Really scared.
-[Ponzone in Italian] He went that way!

[Ruggeri in English]
What's the worst they could've done?

[Massimo] They chased me.

I didn't know what was going on.
There was so much chaos.

[Ponzone in Italian] Let me go through!

[Ponzone in English] It's not like that.
I went up, you ran downstairs.

-[Massimo] I wasn't running!
-[Ponzone] You went down.

-Did you go down a level?
-[Massimo] I was coming down.

Why would I run away? From what?
And who was I running from?

I was still in my boots. I mean,
I was running through wet concrete.

And I was like six
or seven meters off the ground.

And where could I jump from?
The scaffolding?

[Ponzone in Italian] Come on, go.
Let me… Go, go. Move!

MICHELE LORUSSO

[Lorusso in English] A person with nothing
to fear doesn't think the police

will do anything bad to him.

[Massimo] I was in a state of confusion.
I didn't understand anything.

No one gave me an explanation,
I was sweating and shaking.

[Ruggeri] If it happened to me, and 100
policemen came to pick me up at the office

and I hadn't done anything,
I wouldn't be afraid. "Here, look…"

[Massimo] On the contrary,
I got really scared, I was terrified.

"Why me? What for?"

-[Ponzone in Italian] Get him down here.
-[man] This way.

[in English] Then I find Piero,
the foreman…

[tense music playing]

…and ask him, "Piero, what's going on?"

[Massimo in Italian] Why, Piero?

[Piero] I don't know.
I'm really sorry, but…

[in English] I couldn't understand.
No one would give me an explanation.

[in Italian] What happened?

What happened, Piero?

[Piero] I don't know, Massi. I don't know.
Your documents are there. It's all there.

-[Ponzone] Let's go.
-[man] Where are you from?

[people shouting]

[tense music playing]

[Massimo in English] A hand
on my head, they push it down.

They made me get into the police car.

[sirens blaring]

The sequence of the arrest,

with the images
of the attempted escape, was perfect.

It gave them a reason to keep Bossetti

in a permanent state of pre-trial custody.

-What's your name?
-Massimo Bossetti.

You understand?

-Yes, sir.
-You can take him. Please, follow us.

[Telese] In fact, Bossetti was removed
entirely from any possibility

of being in the public eye.

Only one narrative could exist,
that of the monster.

The fact that Bossetti's voice
was never heard,

and he was only ever seen
with the expression on that couch,

was all designed for this purpose.

[Ruggeri] You're being charged
with the m*rder of Yara Gambirasio,

committed with t*rture and cruelty,

and taking advantage
of her defenselessness.

[Maccora] The evidence against you
is pretty compelling.

Concerning this accusation,
what do you plead?

[Massimo] I'm innocent.

[Maccora] Innocent.

[in Italian] Massimo Giuseppe Bossetti
has been arrested

for the m*rder of Yara Gambirasio.

[in English] The Minister
of the Interior said this,

so it comes
with a sizeable institutional weight.

This is proof that in our country,

those who k*ll
and commit crimes end up in jail.

[man 1 in Italian] Bastard!

[man 2] f*cking bastard!
Where are you? Son of a b*tch!

Where are you? Where the f*ck is he?

[in English] People with
great political responsibility…

STEFANO RODOTÀ
FORMER DATA PROTECTION AUTHORITY

…should be more cautious
in their statements.

There is a presumption
of innocence that must remain present.

I've seen a rampant presumption of guilt.

-[man 1 in Italian] Come on, go.
-[man 2] Son of a b*tch!

[woman] m*rder*r!

[man in English] Why feed this person,
who is under custody, to the press?

He's a human being.
He has the right to be presumed innocent.

FRANCESCO DETTORI
CHIEF PROSECUTOR

[Rodotà] This is
an unprecedented investigation.

Still, no one should be allowed
to trample upon other's lives

without any consequences.

[in Italian] Two families were destroyed.

Yara's family in Brembate,

and the one of the alleged m*rder*r
in Mapello.

JUNE 18th, 2014
MAPELLO

[tense music playing]

APRIL 15th, 2015
BERGAMO



[Telese in English] Hearing after hearing,

it seemed as if all the pillars
of the prosecution were crumbling.

It's useless to point out
that the cell towers don't prove anything…

BERGAMO COURTHOUSE

…and that the little metal spheres are
commonly found in all constructions sites.

It's useless to point out
that the fibers aren't the same.

It's all useless because they
always say, "Yes, but there's the DNA."

We asked many times
for this evidence to be double-checked.

We've asked for this
since the preliminary hearing.

RECORDING FROM TRIAL

[Camporini] We have listed
a number of checks

that we would like to carry out
on the forensic police tests

performed on the DNA that was found.

I believe this step to be
absolutely fundamental in this case.

[intriguing music playing]

I've asked, over and over, to be granted
a repeat of a very simple test

to dispel any lingering doubts.

As Massimo said, if they have
to throw away the key, fine.

Just be certain it's me.

-[man] Does the prosecutor want to speak?
-[Ruggeri] Yes, thank you.

The prosecution contends
that the request for a pre-trial hearing

should be dismissed as unnecessary.

These investigations
have already been carried out

by the public prosecutor's office,

and the outcome
of four years of investigation

shows a match between the biological trace
left on the victim's underwear,

and leggings,

and the biological
trace of the defendant here present.

This is an established fact
that requires no further discussion.

[Telese] They'd say, "How dare you
question what we're saying?"

Whereas, the cornerstone of law
should be precisely this,

I have to question it,

because that was the critical evidence
that led to the conviction

of the individual who was under trial.

We didn't ask for anything
very outrageous.

They were simply afraid to find the truth.

What kind of lunatic
would keep asking incessantly

to repeat a scientific test,
if he was involved in a m*rder?

Unfortunately, he's under great pressure.

He's a man who considers…

He professed his innocence from the start
and was never given the chance

to defend himself on the matter.

Try imagining how you'd feel.

[Portera] The analysis was not granted
to please one of the parties.

GIORGIO PORTERA
GENETICIST OF THE GAMBIRASIOS

The judge doesn't demand that all evidence

be double-checked at the start of trial.

[man] The exhibits with the discovered DNA
weren't even shown to the defense.

The lawyers weren't just prevented from
touching and analyzing them,

they weren't even allowed to see them,

something unheard of
in any trial in Italy.

[Salvagni] In our trial,
that's exactly what happened.

We were not allowed, at any point,
to verify the validity of that test.

If we can't move on to the next stage,
the re-examination of the nuclear DNA,

we can't find the element to substantiate
challenging the accusation.

[mysterious music playing]

[journalist] We'll find out
if the test will be repeated

by talking with Paola Asili, Chief
Biological Director of the State Police.

PAOLA ASILI
GENETICIST - FORENSIC POLICE

The moment I try to extrapolate
from a trace, the trace is destroyed,

and if I use all the extracted DNA
to perform my analyses,

I have nothing left.

It's not like I can repeat it.

After all the analysis
that's been conducted,

I think it's plausible
that there is no more DNA extract left

to use for further testing.

MASSIMO MERONI
FORMER CHIEF PROSECUTOR

The test couldn't be repeated
due to insufficient material.

Otherwise, by all means,
it would have been repeated.

The records don't address the possibility

that the material was finished or that
it was unsuitable for further study.

It doesn't appear
in any procedural documents.

Sample depletion has been a topic
highly debated in this trial.

When Massimo was questioned
for the first time,

Mrs. Ruggeri said to him
that there was so very much of it.

[Bossetti] I don't understand how the hell

my DNA ended up on that poor girl's body.

[Ruggeri] There's a lot of it. You know,
it's quite a lot. There's tons of it.

[man 1] If we then consider
that despite the huge amount of it,

the exam can't be repeated,

it is difficult to consider it
as a piece of evidence.

Almost. It's a clue, however strong.

Science is exact, but not all people
who practice it are infallible.

[man 2] The machine produces raw data.

[Asili] Fundamentally,
it's a track with colored peaks

which must then be interpreted.

In other words,
raw data is like a photograph

that the scientist has to develop…

MARZIO CAPRA
GENETICIST OF THE DEFENSE

…according to the parameters
and the features

that he himself has to set.

We were handed a CD.

Last time, we repeatedly asked about this

to ensure that all the raw data
was included in that CD.

That's because,
after the van's fake evidence,

we were concerned that the DNA evidence
could also be forged.

As we all know, human DNA
defines us as human beings.

As a species,
we are all identical at 99.9%.

Evidently, changing one strand is
sufficient to create a different person.

Therefore, it is of the utmost importance

that the detection of this strand scale
is done with great precision.

On the evidence that was found
on the leggings and underwear,

some DNA characteristics have emerged
that raise a great many questions.

That is, Massimo Bossetti's mitochondrial
DNA is missing from the sample.

[intriguing music playing]

In a cell, we have a nuclear component,
inside the nucleus.

In the nucleus,
we then have the nuclear DNA,

and inside the cell and cytoplasm
we have organelles.

Within these organelles,
we then have the mitochondrial DNA.

We have this trace, which is absolutely
identical to that of Bossetti's DNA,

but we're missing this trace.

[Ruggeri] From the traces
we have extracted from the samples

collected from the underwear and leggings,

Bossetti's mitochondrial DNA is missing.

It's… It's not there.
This is not an anomaly, not at all.

The key thing here is
that it's not like nothing was found.

LAWYER CLAUDIO SALVAGNI

The point is another profile was found,
another one.

No, the fact
that it belongs to someone else,

-How come?
-you'd need to verify if--

No. Check it! I'll tell you what.

Study the documents, since you're
a consultant for the prosecution.

This DNA trace is not anomalous.

EMILIANO GIARDINA
PROSECUTOR'S GENETICIST

This trace was studied
by countless people,

many of whom wanted to find anomalies.

PETER GILL
PROFESSOR OF FORENSIC GENETICS

My expectation would be that you would
find nuclear and mitochondrial DNA.

In fact, the mitochondrial DNA
should last longer than the nuclear DNA,

because there is more… more of it.

[Ruggeri] No intellectually honest
scientist could say that it's an anomaly,

that the two things have to coincide.

That's just not true.
They don't have to coincide.

If the mitochondrial DNA does not match…
the victim or the suspect,

then it must have come
from a third individual.

[journalist in Italian] Bossetti's lawyers
requested further genetic assessment.

They even involved international
luminaries of forensic genetics.

[in English] Peter Gill is certainly one
of the founding fathers

of forensic genetics.

He can be creative and at the same time
is always pushing genetics forward.

[Gill] Over a three-month period,
outside, especially if it's raining,

then this will cause the DNA
to deteriorate.

There's more mitochondrial DNA present
than there is nuclear DNA,

so that should be more resistant.

[intriguing music continues]

[Salvagni] In this specific case,
we have an unexplained situation,

where nuclear DNA, which generally should
be dispersed after only a few weeks,

was still present,
while mitochondrial DNA,

which is notoriously
less likely to be dispersed, wasn't there.

[intriguing music fades]

[tense music playing]

[Lago] These days, we can carry out
a compatibility assessment

with extraordinarily low margins of error.

For example, if we say that a certain
trace belongs to a certain person,

the probability of error
is so extraordinarily low

that we can consider
it substantially certain.

[Salvagni] There's a story that proves
how subjective DNA testing is.

Immediately after the body was found,

the forensic police took the DNA
of Yara's family members

to exclude it from the rest
of the DNA found on the victim.

But there was something odd with
Nathan's sample, Yara's little brother.

If we take a look at the DNA
attributed to Nathan

we see that for almost
all of the segments,

we find the merging of his mother
and father's DNA.

Except for one segment,
which bears no characteristics

of the father or the mother.

Either Nathan is not the son
of either of his parents

or a mistake has been made.

Human error is possible.

And so how can the defense
trust and accept

that the DNA of Suspect One
is really Bossetti's?

All it takes is the misinterpretation
of one strand

and Suspect One is another person.

[tense music fades]

[contemplative music playing]

And here, yet another plot twist.

[music becomes dramatic]

The defense had discovered
that the tests had been done

using expired kits,

some by over a year.

When it comes to using expired kits,
the answer is quite simple.

Expired kits should not be used.

That said, several different traces
produced the same profile,

and an expired kit
would hardly generate a result

indicating a subject from that valley.

It wouldn't generate a result
or would produce an erroneous result.

No, if you use expired tests

and tell me, "All in all,
it's an acceptable result," well, no.

You can't decree
an individual's civil death

and pass down a life sentence

if he's not given a chance
to defend himself

and has been subjected
to this kind of test.

If there are expired kits,
well, you shouldn't use them.

The proof can't be valid.
You have to reject it.

[Lorusso] You know,
mistakes can happen once.

However, there are
more laboratories involved,

which shows that the utmost attention
was given to the DNA sample found.

[Ruggeri] This DNA was initially processed
in the laboratories

of the forensic police in Parma.

Subsequently,
in the course of this investigation,

it was also reworked
in other laboratories,

at the University of Pavia,
of Milan, and the San Rafala Hospital.

This is the major flaw in this process.

That is, that investigation
was carried out in the secret rooms

of the forensic police,
which, I remind you,

was the only laboratory
that analyzed the DNA of Suspect One.

When they say that four
or more laboratories processed the DNA,

it is absolutely not true

because the DNA was only extracted once,
and everyone else just studied the papers.

The forensic police sent over the trace
for Suspect One

during the investigation in the form
of an alphanumeric table,

which I read.

When the comparison took place,
I only had the alphanumeric sequence.

I didn't have the raw data with the peaks.
That is where one can see the trace.

We have a trace that tells us this.

Again, it's not the k*ller, but someone
who had something to do with the victim.

[Oliva] Sure.

Because his DNA remained
and was found on her underwear.

[Oliva] Very clear.

The presence of DNA on the body
of a person who died a violent death

is undoubtedly a solid clue,

especially if these people
didn't know each other.

That DNA must have an explanation.

So, the prosecution's assumption
is that the owner of that DNA trace

is responsible for this m*rder.

If we follow this logic,
extending the reasoning,

one could say, "Okay, if there's DNA,

then what's the point
of even having a trial?"

[intriguing music playing]

[woman] Mr. Bossetti should be in prison.

He should be convicted because there is
a whole bunch of different evidence.

A motive, his movements,

you can't bet everything on this damned
or blessed "ruling proof" that is DNA.

What motive would
Bossetti have had to k*ll Yara?

Jealousy? A fit? Madness? An obsession?

It was never explained.

[Ruggeri] The motive is unclear.
And that's not surprising at all.

It may be that we have to close the case
without any precise knowledge

of the motive
or the exact sequence of events.

[woman] The prosecutor said,
"The motive is missing,

but that doesn't matter."

Then, she tries explaining it with
his obsession with young girls online.

[Salvagni] There's no evidence of this,

not least because the investigation
on his computers

cited by the prosecutor refers to 2014.

I mean, like, when we were talking
about the affairs.

What's going on?
Is it a posthumous motive?

[journalist] But there isn't a motive
or sequence of events. So…

Therefore,
there's probably an explanation.

Just because we don't know it,
doesn't mean it's not there.

It only means we don't know it.

How did he manage to take that girl?

We are talking about a public place
with thousands of people around.

[Oliva] No one saw Yara
being kidnapped that evening.

How was it possible
for Yara to get into an unknown man's van?

How was he able to convince her?
How did he keep her there?

There are so many
questions that remain unanswered.

[Salvagni] The crime itself
wasn't talked about.

There's no sequence of events, no motive,
no m*rder w*apon. There's nothing.

DNA is not sufficient on its own.

There always has to be some other evidence
which is taken into consideration.

And this is very important.
The DNA evidence cannot stand alone.

If someone could explain
how that DNA might have been found…

PAOLA ABRATE
JOURNALIST

…on Yara's underwear and leggings,
I might have a different opinion.

[Andrea Pezzotta] We will highlight
some particular aspects

that will allow us to establish
that the motive was sexual.

ANDREA PEZZOTTA
LAWYER OF THE GAMBIRASIO'S

[Ruggeri] A sexual motive
is what usually drives the k*ller

in this type of kidnapping
and m*rder case.

[woman] Yara was a victim of infanticide.

She's a 12, 13-year-old girl
who was r*ped and k*lled by a man!

-[man] The pathologist said in her report…
-Her underwear was cut.

…"We don't have any clue

that tells us that the motive was sexual."

It's not like we must hear it
from the coroner.

-But it's true.
-Why kidnap a 13-year-old girl?

It's a matter of logic.
I don't need to hear from the coroner.

THE CORONER
"YARA FROZE TO DEATH"

Based on what we could determine,

there were no signs…

[mysterious music playing]

…decisively,

pointing to sexual v*olence.

No one can say
whether sexual contact occurred or not.

[music fades]

[tense music playing]

[journalist 1 in Italian] Everybody
is waiting for the verdict in the trial

against Massimo Giuseppe Bossetti.

[journalist 2] The judges
are in closed session.

Massimo Bossetti is the only defendant.
The prosecutor asked for life in prison.

[Ruggeri in English] The request is for
the defendant to be held responsible

for the crimes
that have been charged against him

without granting mitigating
circumstances of any kind.

We ask for a sentence of life imprisonment

with daytime solitary confinement
for six months.

I remember how I felt
on the day of the verdict.

I was agitated, really nervous
about what was going to happen.

[Oliva] We are trying to understand
if Bossetti will be sentenced

to life in prison,
whether the case will be reopened

based on the DNA report,

or unlikely, but not impossible,
if he will be acquitted.

-[journalist 1] Guilty or innocent?
-He's probably guilty.

It might be him or it might not be him.

I think the science is right.
It… It can't be wrong.

She had lime on her body as well.

-[journalist 2] There's a lot of evidence.
-Tons of evidence.

The cell towers and the van was always
seen around the area where the girl lived.

The phone was there, there were
fibers as well… I mean, come on.

But how can you determine
that he's guilty?

There is no proof.
There is no definitive proof.

[tense music continues]

The day of the verdict,
we waited until evening.

[Oliva] The judges have been in closed
session since 9:15 this morning.

In a few minutes, it will be 12 hours.

What does it mean? There is no agreement.

BOSSETTI, THE VERDICT IN A FEW MINUTES

Let's not forget that, in Italy,
a conviction can only occur

if a fact has been established
beyond any reasonable doubt.

[on video] Here's the latest news.
At about 12:30 a.m., there has been…

Something's going on there.
Marcello, what's happening at this point?

FROM THE BRESCIA COURTHOUSE
MARCELLO RANDAZZO

[Marcello] There seems to be
a very heated discussion happening

in the council chamber.

[Salvagni] Even in the presence
of a small amount of doubt,

the judges must reach
a verdict of acquittal.

This is what
the constitutional charter says.

[tense music continues]

[Oliva] Marcello? Marcello, are you ready?

[Marcello] Yes. Good evening.

Massimo Giuseppe Bossetti's verdict
has just come out.

[Massimo] She began.

Judge Antonella Bertoja

began reading the verdict.

I was shaking and sweating

as I waited for the sentence.

[mysterious music playing]

[Bertoja] In the name
of the Italian people,

the court declares
Massimo Giuseppe Bossetti…

ANTONELLA BERTOJA
JUDGE

…guilty of the crime
referred to in Chapter A…

and sentences him to life in prison.

[music becomes ominous]

[music fades]

It's hard to talk when you hear words…
this devastating.

"Life in prison."

[somber music playing]

It's still incredibly painful.

You know?

But it's also right
that people understand.

MARITA COMI
MASSIMO BOSSETTI'S WIFE

When they read the verdict,
we were all shocked.

To be honest, I expected an acquittal.

[journalist] Marita Comi, his wife,
who had kept a calm demeanor

for so many hearings,

got up and ran over
to her husband to hug him.

He was desperate. He was crying.

He said he wanted to k*ll himself,
he couldn't take it anymore.

I just told Marita that…

she should forget me and focus solely
on the children, that's all.

For her to be as close as possible
to them, since I no longer could be.

We all tried comforting him
and being close to him.

But it was devastating. Truly devastating.

[people chattering]

At this point,
we can only accept the sentence,

even though we are convinced
that Massimo is innocent.

What more can we do?

[Oliva] Reading the verdict,

Massimo Bossetti seems to have been
convicted beyond any reasonable doubt.

When in reality, there may
still be reasonable doubt.

I've never done anything wrong,
yet I'm in this living hell

and can't get out of it.

In a few years' time, someone
will have to apologize for this ruling.

[journalist] After over four years
of investigations,



and thousands of DNA tests,
a verdict was reached

at the trial of Massimo Giuseppe Bossetti,

and he was sentenced
to the maximum penalty, life imprisonment.

It was an extremely long investigation.

You believed in it
right from the start, for six years.

Listen, it's not my habit to comment.

-[mysterious music playing]
-[commotion]

STOP - NO TRESPASSING
ARMED VIGILANCE

[Salvagni] Riots broke out in prison
when the news of the sentence came out.

[commotion continues]

This was a story of collective hypnosis.

Whole populations involved in the search,

crowds of people hypnotized
in front of the television.

[woman in Italian] Let us through.

[in English] Stay behind the tape.

[person in Italian]
Are you going to comment?

[in English] I believe that at some point,
just in terms of catharsis,

for the public, for the institutions,
and the entire country,

a conclusion to this story was necessary.

-[woman in Italian] m*rder*r!
-[man] Son of a b*tch!

[in English] It came to a point
where the culprit was necessary,

because otherwise,
the feeling of restlessness

induced by this nerve-wracking
unfruitful search

would have become
like a sort of… collective disease.

[bittersweet music playing]

[music stops]

-[Fulvio] Good morning.
-Has justice been served?

How was the news received?

[Fulvio] Please.

Come on, please.

OCTOBER 12TH, 2018
BERGAMO

[tense music playing]

NOVEMBER 29TH, 2019
BERGAMO


AFTER THE ARREST

[mysterious music playing]

[journalist] Guilty in the first degree.
Guilty in the second degree.

Guilty in the Court of Cassation.

The verdict that was passed was not
a judgment beyond reasonable doubt.

I'm truly convinced of that.

[journalist 2] In all three trials,
Bossetti's defense

only asked for one thing.

"Let's repeat the DNA test."

And in all three trials,
the analysis of that DNA was denied.

In the first instance, we were told
that enough experts had been heard,

and that no further investigation
was needed.

In the second and third instances, what
should never happen in a trial happened.

That is we were told a lie.

[mysterious music continues]

The rulings concluded by saying that
there was no material left to analyze.

The problem is that it turns out
that the samples still exist.

[Salvagni] Professor Casari,
one of the geneticists

appointed by the prosecution

claims to have stored 54 test tubes
of DNA in his laboratory,

which would be useful
for further analysis,

which we asked to carry out
on November 26th, 2019.

The request was authorized
the following day.

COURT OF BERGAMO
APPROVED

[journalist 1] The Court of Cassation
granted access to trial evidence,

to the re-examination of Yara's clothes,
and to the re-examination

of the DNA that framed Massimo Bossetti.

[Salvagni] The authorization for the
analysis of the findings came on a Friday.

The following Monday,
the findings were moved.

[journalist 2] The police stored
the samples until December 2nd,

when they were moved
to the crime evidence office.

[dramatic music playing]

Knowing that it did not
have a refrigerator.

[man 1] I said we had suitable premises,
and that was it.

[man 2] So, suitable
and refrigerated premises.

-[man 1] You're saying that.
-[man 2] No, I'm hoping that they were…

The judicial police officers,
being experts,

had warned the prosecutor of the risk
that these samples would deteriorate,

but reportedly the prosecutor
ordered them to proceed nonetheless.

[journalist] It was her idea to transfer
the samples in December 2019

from the San Raffaele hospital
in Milan to the Bergamo court.

So, by order of the public prosecutor,

these DNA samples were,
in fact, destroyed.

[dramatic music fades]

[mysterious music playing]

[journalist 1 in Italian]
Bossetti's lawyers filed a complaint

at the Venice prosecutor's office,
which is monitoring magistrates' behavior.

The main investigator for the case,
Letizia Ruggeri, was summoned.

[Salvagni in English] Venice prosecutor's
office interviewed Mrs. Ruggeri,

and she essentially repeated
that those exhibits were not very useful,

if not downright useless,

in an eventual new genetic investigation.

[journalist 2] The Venice prosecutor also
interviewed the forensic police chief,

Colonel Lago,
who answered affirmatively when asked

if the samples were suitable
for a new examination

and if it was possible
to compare them with Bossetti's DNA.

[Salvagni] Both Professor Casari
and Colonel Lago

attribute very significant value
to those findings.

We're not talking about scraps.

It's the exact material

from which the DNA
of Suspect One was extracted.

[mysterious music fades]

[tense music playing]

DECEMBER 29TH, 2022
BERGAMO



[journalist 1] The judicial history
of Yara's case has yet to be closed.

The Venice prosecutor's office
has opened a new investigation.

This time, however,
the prosecutor is being investigated.

[journalist 2] The Venice investigative
judge has asked the prosecutor's office

to investigate Letizia Ruggeri
for procedural fraud.

She will have to answer
to the Venice judges,

who have jurisdiction
over the Bergamo magistrates,

regarding the preservation
of 54 DNA samples

found on the girl's body, whose death
was attributed to Massimo Bossetti.

[ominous music playing]

[music swelling]

[music fades]

[contemplative music playing]

[Salvagni] The trial,
in some respects, is over.

In other respects, it's not over.

As far as the defense is concerned,
it's definitely not over.

The last paragraph
of the revision rules provides that

if any case is ascertained,
however unintentional,

if we want to rule out
that it was voluntary,

this alone is enough cause for revision.

[contemplative music continues]

[Tortorella] Is he guilty or not?
I don't know.

From a juridical point of view, he is.

My personal thoughts
on this are irrelevant.

This very young teenager,

at some point, and I don't know how,
I don't have all the facts to,

found herself…

No, I can't say it.

I have my own version of events,
which I will not share publicly.

[Abrate] Is there an absolute truth?

The answer is no.

But if we look at the legal
and procedural truth,

then the answer is yes.

[contemplative music continues]

[Oliva] Let's try to imagine
if the wrong man happens to be in prison.

This means that a family
didn't get justice,

that Yara didn't get justice,

that Mr. Bossetti's family
has been ruined,

and there's a man in prison
who, to this day,

continues to shout his innocence.

[tape recording clicking]

[Massimo] Alice? Hey.

Are you going to mom?

I've never considered giving up,
because I believe in Massimo's innocence,

and because I believe
it's a battle for justice itself.

-[applause]
-[emotional music playing]

[Garofano] Yara had a very normal,
ordinary family life.

She was a very happy little girl
with no issues.

And this has made us really need the truth

to help us make sense of this brutality.

[woman in Italian] Bravo! Congratulations!

[Abrate in English] You either…
believe in justice or you don't.

If you don't, it means that someone
has forged all of this.

And that we are looking at
a criminal form of justice.

And I don't want to believe that.
I don't want to.

[people cheering]

I'm still stuck in that day of June 2014.

That's when our life ended.

[bittersweet music playing]

[Ponzone] Let's not let anyone else in.
Just film your thing and that's it.

There's already too many of us.

[Massimo] I can't see a future.

I'm trying my hardest to live day by day.
I'm living the present.

I want my children to be strong
and not worry.

I don't want them to feel what I feel.

And it hurts.

It hurts me because I can't be seen

as the person I really am.

[moody music continues]

I'm trying to be heard.

I'm trying not to get k*lled

by the system
that has tried to destroy me.

[man in Italian] f*cking bastard!
Where are you?

Son of a b*tch! Where are you?

[in English] It's so strange.

Ninety percent of the people here
didn't even know Yara.

But what she can do

through us, through our community,
and through your words,

is pass on a message of hope.

[Maura] There's something Yara would
always say before entering the arena.

She'd say, "Mom, I'm going to conquer
the world. Just watch me."

Yara is her, she's present.

Sometimes when I look at family photos,
I can see her in the empty spaces.

Are they really empty?

No, she's there,

with her strength, her smile…
and her eyes.

[applause]

[bittersweet music playing]

[music fades]

ON FEBRUARY 16TH, 2024,
THE COURT OF CASSATION

REJECTED MASSIMO BOSSETTI'S LAWYERS'
REQUEST TO RE-TEST EVIDENCE,

INCLUDING DNA SAMPLES.

THEY WERE ONLY ALLOWED
TO VIEW THEM FOR THE FIRST TIME.

MASSIMO BOSSETTI
IS SERVING LIFE IMPRISONMENT

AT THE BOLLATE PRISON.

MARITA COMI
IS NOT A HOUSEWIFE ANY LONGER.

IN ORDER TO PROVIDE FOR HER FAMILY,
SHE NOW WORKS AS A NIGHT CLEANER

AT OFFICE BUILDINGS IN HER AREA.

LETIZIA RUGGERI HAS BEEN INDICTED

ON CHARGES OF FRAUD IN A CRIMINAL TRIAL
AND MISDIRECTION.

THE JUDGE OF THE VENICE COURT
CLAIMED THIS WAS DONE

"IN ORDER FOR HER
TO HAVE A SUITABLE DEFENSE."

MAURA PANARESE AND FULVIO GAMBIRASIO
FOUNDED AN ASSOCIATION IN YARA'S NAME

AIMED AT SUPPORTING TEENAGERS IN THEIR
ENGAGEMENTS WITH ARTS AND SPORTS.

THE GAMBIRASIO FAMILY HAS CHOSEN
TO STAY AWAY FROM THE PUBLIC EYE.

[somber music playing]

[dramatic music playing]

[somber music playing]

[music fades]