On March 25, 2025, a significant legal showdown unfolded as the prosecutore generale di Cassazione (Attorney General of the Court of Cassation), Giulio Monferini, requested the court to declare the appeal by Olindo Romano and Rosa Bazzi inadmissible. The couple, sentenced to life imprisonment for the infamous Erba massacre, have sought to overturn their conviction by contesting the decision of the Corte d'Appello di Brescia, which had previously rejected their request for trial revision.
The Erba massacre occurred on December 11, 2006, resulting in the deaths of Raffaella Castagna, age 30; her two-year-old son Youssef Marzouk; her mother Paola Galli, 56; and their neighbor Valeria Cherubini, 55. Furthermore, Valeria's husband, Mario Frigerio, aged 73, was critically injured during the attack and later succumbed to his wounds in 2014. This brutal crime rattled the quiet town of Erba in Como, northern Italy, as it was driven by a long-standing feud between families.
During his statement, Monferini emphasized that the so-called new pieces of evidence presented by the defense cannot dismantle the foundational arguments underlying the couple's conviction—this includes survivor testimony, previously recorded confessions, and forensic blood evidence linking the couple to the crime scene. He categorized the defense's claims as “mere conjectures” lacking substantial merit.
Monferini articulated in the court, “Those that the defense would identify as ‘new proofs’ cannot possibly disprove any of the pillars that supported the convictions of Rosa and Olindo, namely the statements made by the survivor, confessions obtained during preliminary investigations, and the blood traces.”
The court's deliberation arrives almost eight months after the Corte d'Appello's earlier dismissal of requests to reopen the investigation into the grisly murders. The attorney for the couple, Fabio Schembri, expressed optimism about the appeal, stating that both Olindo and Rosa are aware of their legal proceedings and are awaiting the court's decision. He highlighted that the couple has faced numerous disappointments throughout this ordeal but remain hopeful that the latest appeal will be successful.
Schembri noted, “We believe in our recourse and the points we've raised. We hope the court can evaluate the matter impartially and rigorously apply the relevant legal principles.”
The validity of the evidence gathered by the prosecution—in particular, survivor Mario Frigerio’s testimony—has been a focal point in the ongoing legal battle. Frigerio is critical not just as a survivor, but as a witness against Olindo and Rosa, having identified them in court and described the events of that night. Despite the defense’s attempts to undermine his credibility, arguing that his memory could have been impaired due to inhalation of smoke from the fire the accused set, Brescia judges upheld his reliability, stating, “His recollection of the violent attack was lucid despite the trauma.”
Earlier attempts by the lawyers to have the trial reopened, based on claims regarding the supposed unreliability and influenced nature of Frigerio's statements during the chaos of the attacks, were swiftly rejected. The judges did not find sufficient reason to question the integrity of the evidence presented.
In discussing the broader context of the trial, it should be noted that the legal arguments presented to Cassazione will likely determine if this famous case remains open or is declared definitively concluded. The implications are profound, as a ruling favoring the defense could instigate further inquiries into the bombshell allegations pertaining to the investigatory process surrounding the initial trials.
The Erba massacre has carved a lasting legacy within the Italian judicial system, not merely due to its shocking nature but also because of the extensive legal wrangling since the fateful night when lives were tragically lost. With accusations flying from all sides, claims of mishandled evidence, and allegations of coerced confessions, the case has remained high profile even after nearly two decades.
Currently, the judges of the V section of the Cassazione face a critical decision that can either further entrench Olindo and Rosa’s fate or potentially pave the way for reopening the tumultuous chapter of the Erba murders. Should the judges agree to hear the appeal, it will signal that the court perceives merit in the arguments presented by the defense. While there is no clear timeline for a ruling, all eyes remain trained on the Cassazione as they deliberate.
Mario Frigerio's testimony remains pivotal. The courts have reaffirmed that despite the chaos and trauma he endured during the attack, his recollections were consistent and detailed enough to withstand scrutiny. He previously stated in court, “Those two delinquents are sitting right there,” pointing directly at Olindo and Rosa as they sat in the defendants’ cage. Such unequivocal identification from a victim provides a credible backbone for the prosecution's case.
As the Cassazione continues to evaluate arguments and counterarguments, individuals from varying sides of this deeply divisive case are left wondering whether justice has been adequately served or if new insights and perspectives might yet surface as the last glimmer of hope for the couple arises in this latest appeal. Each twist of this lengthy legal saga brings public interest that remains palpable, as the communities surrounding Erba seek closure while grappling with the legacy of such horrifying events.
