The Prosecutor will have to review the circumstantial picture. In fact, the essential elements to attribute to the boss, and ex repeated, would be missing, Roberto Porcaro The accusation of the principal of the ambush – which took place in via degli Stadi on 22 September 2011 – which cost life to Giuseppe Ruffolo. The judges of the first criminal section of the Court of Cassation – accepting the appeal of the lawyers Cesare Badolato and Mario Scarpelli – canceled the order of the Court of the Review of Catanzaro without postponement.
The defense of Porcaro – which is indicated by the DDA of Catanzaro as the former regent of the burned confederate gangs – raised both the question of the expiry of the terms for the application of the precautionary measure, and the lack of sufficient circumstantial gravity to confirm the role of Porcaro as a principal. The Supreme Court in the evaluation also took into account the sentence of the appeal process against Massimiliano d’Elia considered the material executor of the murder. Sentence, in which the judges excluded the aggravating mafia.
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