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The murder of Cerciello, the bis trial needs to be redone

2023-03-16T17:13:58.751Z


Convictions overturned, there is a risk of sentence reduction for the defendants (ANSA) A new appeal process that could lead to a sentence reduction for the two defendants. This is essentially what was produced by the decision of the Cassation which annulled the proceedings against Lee Elder Finnegan and Gabriele Natale Hjorth, accused of the death of the deputy sergeant of the Carabinieri, Mario Cerciello Rega, with referral to the Court of Assizes of Appeal in Rome , killed with 11


A new appeal process that could lead to a sentence reduction for the two defendants.

This is essentially what was produced by the decision of the Cassation which annulled the proceedings against Lee Elder Finnegan and Gabriele Natale Hjorth, accused of the death of the deputy sergeant of the Carabinieri, Mario Cerciello Rega, with referral to the Court of Assizes of Appeal in Rome , killed with 11 stab wounds on 26 July 2019 in Rome, a short distance from Piazza Cavour.

The judges of the Supreme Court ordered a second degree trial asking the judges of Piazzale Clodio to assess the aggravating circumstances for Elder, in relation to the crime of resisting a public official, while for Hjorth in relation to the charge of complicity in murder.

The knot, especially for the position of Elder, material perpetrator of the murder, is linked to his presumed awareness of the fact that he had attacked the carabinieri and, in particular, to the yellow card linked to the identification card.

The second appeal process will be held in the coming months, after the stoats have filed the reasons for the ruling which arrived late on Wednesday evening.

The defendants welcomed the decision of the Supreme Judges with satisfaction.

Especially the position of Hjorth, sentenced to 22 years,

it could also lighten in terms of sentencing.

"Today, after four years, I woke up and felt relief even though I realize that the road to freedom is still very long," he told his defenders, commenting on Palazzaccio's sentence.

The young man admitted that he "burst into tears" at the news adding that he was "happy also for his family" without forgetting "the family of the deputy sergeant to whom I have always felt close".

For his part, Elder, who was sentenced to 24 years in the appeal process and who met his parents in prison today, told his lawyers that "the truth is finally emerging" and that "one could immediately understand what had happened : I didn't know Cerciello was a carabiniere".

On this point, the appeal judges, in the motivations of the first sentence, affirm "that it is correct to maintain that Elder had full knowledge of the meaning of the word 'Carabinieri', pronounced several times both by Cerciello and by his colleague Varriale and that he had heard it with clarity and held to be fully consistent with the truth".

According to the magistrates, the defendant "deliberately persisted in his aggressive action", an action "totally abnormal compared to that carried out" by the carabiniere "not only for the means used (a 31 cm knife, with a hilt to protect the offensive hand, with an 18 cm knurled cutting blade, for military use, ed), but also in light of the brutal execution methods of the conduct, i.e. 11 stab wounds on both sides,

in series and to the detriment of multiple vital organs". Finally, the lawyer of the deputy sergeant's widow chooses not to go into the merits of the decision. "Lawyers must never comment on the sentences, at most they can appeal them.

Adhering to this principle, however, I can say that my feelings and reflections after yesterday's sentence are common to many Italian citizens", comments the lawyer Massimo Ferrandino.

Source: ansa

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