Wednesday, February 17, 2010

The Sad Case Of Sonia Marra #5: Prosecuter Indicates Case Against Sonia’s Lover Is Strong

Posted by Tiziano


Sonia Marra and Meredith Kercher may be the only two women students to meet a brutal and senseless end over a very long period in Perugia.

This case - one of a search for true justice for Sonia - remains a demonstration of the same carefulness of the Perugia judiciary, cool persistence of the police and prosecuting magistrate, and restraint of the Italian press that we have seen in Meredith’s case. 

Last week Umberto Bindella was released from Capanne Prison as a murder suspect and he headed back to his apartment in Perugia. We presumed that Friday’s would be our final post on the case, at least for a while, and that it might never be solved.

Not so fast, it seems.

The prosecuting magistrate has now argued that the judge who released Bindella (Judge Micheli, yes, our Judge Micheli) had not considered new evidence against Bindella seriously enough, and seeks to put Bindella back behind bars to ward off the possibility of his disappearing.

This report on this stand of the prosecutor, which may or may not win out, appeared in today’s La Nazione - Umbria Edition.

THE PM: BINDELLA MUST GO BACK BEHIND BARS

By Erika Pontini

It was on the cards and it has happened: the magistrate Giuseppe Petrazzini wants Umberto Bindella behind bars and has lodged an appeal against the decision of judge Paolo Micheli who decided to free the only person under investigation for the murder of Sonia Marra because, in his opinion, the serious indications of guilt which permit the application of custody on remand were lacking.

“A leap in quality in the consistency and seriousness of the clues had been demonstrated, as evidenced above, precisely in the realisation that he [Bindello - Ed] had allowed himself to make incriminating admissions [to his police officer friend when he was supposed to have said “˜I’ve made a real mess.’-Ed] when he should not have yet known anything about the disappearance of Sonia Marra…. Up until today the clues were lacking that last but essential element.”

It will now be the Perugia Review Tribunal - presided over by Dottoressa Nicla Flavia Restivo - which will decide whether the thirty-one year old from Marsciano must go back to a cell, or whether the prosecution will continue investigations with Bindella out on bail. 

The tribunal should decide within twenty days.

Doubts remain about many of the statements of the person under investigation - this is even the opinion of investigating magistrate Micheli - who probably lied about some of the profiles noted above, both about relations with the girl and about [his friend the financier who provided an alibi - Ed] Galluccio, with whose contribution, whether as a witness or as a co-accused, it is fair to imagine it would be possible to reach concrete results. And the statement of the witness remains valid [the little girl’s - Ed] and has an important circumstantial value.

But in itself it is not sufficient to maintain the restriction on Bindella’s personal liberty.It is reasonable to hold that, on the basis of what has been gathered, he should be tried: but the law requires that he should take part as a free man;  also, the theory that the differences can be resolved between the possible reconstructions of the phone call with [the police officer friend -Ed] through a confrontation between the latter and the person under investigation himself, does not legitimise the continuation of remand in custody, there exists nonetheless a situation of doubt where the general principles of the law bind this judge to resolve in the sense favourable to the accused, who must be permitted to take part in that and other trial activities as a free man.”

Umberto Bindella had been investigated in recent weeks after three years of uninterrupted investigations into the disappearance of the student from Specchia.  On January 18th judge Paolo Micheli, accepting the request of the prosecution, had ordered the measure of remand in custody against the ex forestry worker accused of murder, concealment of a body and the theft of Sonia’s two mobile phones.

After 19 days in a cell and following the application of the defence - Daniela Paccoi and Silvia Egidi - judge Micheli changed his mind and decided on the release of the man under investigation.  The Prosecuting Magistrate, however,  is not convinced by that reasoning and in five pages explains to the Review Court why the thirty (sic) year-old from Marsciano must go back behind bars.



Posted by Tiziano on 02/17/10 at 06:25 AM in Other legal processesItalian related


Comments

2/18/10
Tiziano, thanks for details on Sonia Marra case. Micheli’s doing right. Bindella may be no flight risk due to finances.

Bindella’s words to a police officer friend about “I’ve made a mess”, sound like an unwitting effort to punish himself. The Bible says, “out of the fulness of the heart, the mouth speaks.” Bindella may be trying to make his friend choose between him and the law, but the cop will probably go with concept of loyalty above all else except dishonor.

Rudy spoke to a close friend (Michael?) while he was still on the run in Germany. Police intercepted that Skype call? and it backfired.

It seems criminals can’t help but tell on themselves. In their suspicion of the good they set up friends to “fail them”, so the criminal can scream of betrayal. Perhaps these friends they turn to with their darkest secrets are the ones they have issues with more than the victim of their crime.

Posted by Hopeful on 02/18/10 at 06:30 PM | #


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