It remains to this day an unsolved murder. Because the victim was killed, but the only suspect first and then accused was acquitted in the first and second degree even if on appeal with the doubtful formula.
«In the opinion of the Court we find ourselves in the presence of a case of contradictory evidencesince there is a series of circumstantial elements against Spina which, evaluated as a whole, would certainly have been suitable to indicate him as the perpetrator of the murder for which proceedings are being prosecuted, but at the same time, the data relating to the ‘time of death of the victim, as emerging, with a good degree of probability, from the overall assessments made by the various experts who dealt with the matter” writes the Court of Appeal in the reasons for the sentence of acquittal of Salvatore Spinaended up on trial for the death of Diva Borin86 year old found lifeless at home, strangled with a scarf, on 2 March 2019 in her apartment in Urago Mella.
There is no certain proof
The first instance prosecutor Antonio Bassolino and the deputy general prosecutor Cristina Bertitti on appeal, they had asked for a 14-year sentence for Spina. But for the judges there is no definitive proof and on the contrary there is an element that distances Spina from the crime scene: the time of Diva Borin’s death. «Considered by all to be clear that Mrs. Borin’s death occurred in the last hours of March 1st and no later, the doubts regarding the calculations of some experts led to placing the time of death well after, even after 3 o’clock on March 2nd.” At a time when Salvatore Spina was certainly not at the victim’s home. «In the opinion of this Court – we read in the reasons for Spina’s acquittal – the emergencies inherent to the time of death, as a whole, cannot be overcome with that degree of certainty that is required by the jurisprudence of legitimacy in order to arrive at appeal to a conclusion in terms of guilt when there has been acquittal in the first instance”.
