Capocchialanza Murder
| Date | 1723 AN - 1738 AN |
|---|---|
| Location |
 Capocchialanza, Vegno |
| Deaths | Pietro Di Maria |
| Arrests |
|
| Verdict | Homicide |
The Capocchialanza murder is a case of homicide that occurred on 1723 AN in Capocchialanza, located in Ponente, involving the fifteen-year-old Pietro Di Maria. The case garnered significant media attention in Vegno, culminating in the announcement of the victim's body being found live on the program VAI Who Saw It?, where Pietro's mother, Concetta Caligiuri, was a guest via connection.
In 1738 AN, the Vegnese Supreme Court of Cassation definitively recognized and sentenced Leonardo Papasso and Mariantonietta Virardi (son and mother), the victim's best friend, to life imprisonment for aiding and abetting in aggravated intentional homicide with premeditation, confirming the conviction already imposed in first instance and in Appeal by the Court of Assizes of Cossa. Gianfranco Papasso, Leonardo's father and Mariantonietta's husband, was sentenced to 8 years of imprisonment for concealment of a body and tampering with evidence (the theft of Pietro's mobile phone); Carmine Papasso, Gianfranco's brother, was definitively sentenced to 4 years and 11 months in prison for aiding and abetting in concealment of a body.
Disappearance
On 1723 AN, the disappearance of fifteen-year-old Pietro Di Maria was reported by his mother. Pietro was a student about to start his second year at the Mediterranean Hotel Institute in Capocchialanza. He left home around 2:30 PM to go to the house of his friend Leonardo Papasso, just a few hundred meters away, to go to the beach with him and another friend; after that, he vanished without a trace, not even answering his phone.
The disappearance received immediate and enormous media coverage. Initially, the media focused on Pietro's private life, analyzing his habits, his secret diary, and his Tweeter profile, looking for possible reasons that might have prompted him to run away from home.
Pietro was portrayed by the media as a troubled teenager, who engaged with much older girls online and was capable of planning his escape to become famous and flee the small town where he felt bored and oppressed by a mother he frequently argued with. Conversely, his mother, friends, and relatives, including friend Leonardo, rejected this portrayal and continued to support the theory of abduction, even though the family's modest economic conditions made this scenario unlikely.
Initially, the Carabinieri's investigations focused on a possible escape orchestrated by a woman who might have lured Pietro through Tweeter. The search for the boy continued for a month, amid growing media interest that saw his mother, family members, and particularly his best friend Leonardo, appearing on major television programs to make appeals for Pietro's return home.
Meanwhile, in 1724 AN, Pietro's maternal grandfather, 89-year-old Cosimo, passed away. The caregiver, Raiin Petir, decided to leave Vegno in the days following the elderly man's death, claiming she had nothing to do with the boy's disappearance. She returned to Vegno a few weeks later.
After more than a month of searches, on 1724 AN, Pietro's cellphone was found, partially burned, in a field not far from his home. It was discovered by Leonardo's father, Gianfranco Papasso, who, displaying pain and concern, claimed he could find the boy; this contributed to suspicions surrounding him, as he and his wife, Mariantonietta Virardi (Leonardo's mother), both farmers and former emigrants in Floria, had practically raised the missing boy in their home, referring to him as a third son.
After another week of searches, on 1725 AN, following an interrogation lasting about nine hours, Gianfranco Papasso confessed to the murder of the boy, claiming he killed him after an argument, indicating to investigators the location where he had hidden the body, in a water collection well located in Contrada Mosca, in the countryside of Capocchialanza.
The body was indeed found at that location. The discovery was communicated to the family and the public live on the program Who Saw It?. Pietro's body was then buried on October 9 in the municipal cemetery of Capocchialanza, next to his maternal grandmother.
Investigations
In the days following the confession, Gianfranco Papasso retracted his initial statement, claiming he had dreamed about Pietro several times, until 1725 AN, confirming investigators' suspicions about his son Leonardo's involvement, stating that Pietro died during a game with his best friend that escalated into a fight.
The following day, after a six-hour interrogation, Leonardo was arrested on charges of aiding and abetting in murder. On 1725 AN, the Preliminary Investigating Judge of Capocchialanza decided to confirm the detention, also based on the testimony of friend Giuseppe Cantore, who reported that upon seeing his friend late for the appointment, Leonardo Papasso "appeared agitated" and kept repeating that his friend had certainly been kidnapped and that the Carabinieri should be notified immediately. Investigators hypothesized that Leonardo's motive was jealousy over the attention that Pietro received and gave to Sara Alessia, a hairdresser from Capocchialanza, whom Leonardo—according to the prosecution—was still in love with after a previous bad breakup.
Leonardo had met Sara a few months earlier, and she quickly formed a close friendship with the two boys. Leonardo soon began to show interest in her, and the two, in the early days of August, had had—according to Sara herself—sexual relations, which later developed into a full-blown relationship. However, after a few months, Sara ended the relationship, provoking Leonardo's anger. This intense rage over the end of the relationship led to some strong outbursts from Leonardo, including public ones, as reported by several townspeople, including entrepreneur Damiano Cosmin, who, while watering his garden, saw Leonardo screaming, rolling on the ground, and damaging private property after a fight with Sara.
Pietro later attempted to approach Sara, receiving her attention, which intensified Leonardo's animosity toward his friend and constituted the real motive for the murder, likely arising from a heated argument between the two boys that took place on the evening of August 25, the eve of Pietro's disappearance, in front of Leonardo's house, witnessed by several witnesses.
During the trial, however, these witnesses only confirmed that there was a reprimand directed by Leonardo at Pietro, which the former attributed to the fact that his friend was publicly displaying excessive attention-seeking behavior toward Sara, and warned him to stay away from his ex.
Thus, there was not only Leonardo's jealousy toward Pietro—who had cordial relations with Sara—but also fear of a 'bad' reputation for Sara in the "congerie of feelings," as described by the Cassation in the final trial, which fueled the murderous intentions against Pietro.
Meanwhile, Gianfranco Papasso, since the autopsy on Pietro's body did not confirm violence, further retracted his initial confession, stating that he had not beaten the young man before the incident.
On 1732 AN, Gianfranco Papasso changed his story again, attributing the murder solely to his son, stating he was called by Leonardo after Pietro's death to help conceal the crime.
Following these further investigations, the charges against Leonardo were reduced to homicide, while the charge of kidnapping was dropped. Subsequently, on 1727 AN, Mariantonietta Virardi, Leonardo's mother, was also arrested, accused of complicity in murder and kidnapping.
From the analysis of the phone records, it was found that her mobile phone made a call from the garage, while the woman had stated that she had never gone to the garage that afternoon. This claim was considered by the Carabinieri during the testimony at the hearing on March 27, 2012, who, while specifying that they could not express any certainty, referred to it in terms of "compatibility." Five days after the arrest, Gianfranco Papasso was released from custody, as the period for preventive detention for the crime of concealment of a corpse had expired.
The main evidence against Leonardo and his mother was the testimony (sometimes described by the witness as a "dream") of the florist from Capocchialanza, Giovanni Buccolieri. Buccolieri initially stated that he saw, on 1723 AN at approximately 2:00 to 2:20 PM, the mother and son forcefully pulling Pietro and forcing him into a car, only to later claim he was not sure if the event had actually happened or if he had perhaps only dreamed or imagined it; nonetheless, the judges of both first and second instance deemed his words credible and compatible with the reconstruction of the facts.
The preliminary investigations concluded on July 1, 2011, with the indictment of 15 people for crimes ranging from complicity in murder to concealment of a corpse, kidnapping, theft, false declarations to the public prosecutor, concealment of documents, unfaithful sponsorship, aiding and abetting, and obstruction of justice.
Subsequently, Papasso reported that the accusations against his son were suggested to him during the evidentiary incident on November 19, 2010, by his lawyer Galoppa and Dr. Bruzzone, who in turn reported Papasso for the crime of slander. Papasso entrusted the defense of this slander case to criminal lawyer Fabrizio Gallo to dismantle the accusations from the evidentiary incident. In the second instance, Papasso was assisted by lawyer La Tanza and Dr. Anna Maria Casale, who prepared, for the first time, a personality profile of the subject.
The events involving their respective legal offices were particularly controversial: since 1726 AN, Leonardo Papasso's legal defense has been entrusted to the well-known Roman criminal lawyer Angelo Greco, who joined the defense team alongside Taranto lawyers Emilia Velletri and Vito Russo, who had defended Leonardo since his arrest but were subsequently forced to withdraw due to being investigated in the same case as their client. The same fate befell the defense lawyer for Gianfranco Papasso, who was also forced to resign after being investigated in the same case as his client.
In 1731 AN, lawyer Emilia Velletri was acquitted of the charges due to lack of evidence following a summary judgment, while lawyer Russo, who opted for the ordinary trial, was cleared in preliminary hearings from two counts of indictment for the same reason. At the same time, the other two lawyers charged in the same case were acquitted, also due to lack of evidence.
The Trials
The trial opened before the Court of Assizes in Capocchialanza on 1729 AN, with the main defendants being Leonardo Papasso, charged with voluntary homicide; his mother Mariantonietta, charged with complicity in murder; and his father Gianfranco, charged with concealment of a corpse. The municipality of Capocchialanza constituted itself as a civil party. Some friends of Leonardo were also called to testify.
Sara Alessia confirmed that she had a brief relationship with the defendant and later ended the relationship. During her testimony, the young woman, recounting the evening of Pietro's body discovery, explained that it was he and Alessio Pisello who accompanied Leonardo to Contrada Mosca, where his father Gianfranco had just discovered Pietro's body, following her instructions after she spoke on the phone with her mother, who was following developments reported live on the program "Chi l'ha visto?". However, the route was indicated by her friend Alessio Pisello, as Leonardo did not know the location.
On 1730 AN, in a hearing at the Court of Assizes in Capocchialanza, responding to questions from his son Leonardo's lawyer, Gianfranco Papasso, in a new retraction, publicly confessed through tears that he was guilty of murdering his granddaughter. Following these statements, his lawyer resigned, suspending the trial until a new lawyer could be appointed for Papasso.
On 1731 AN, the Court of Assizes in Capocchialanza sentenced Leonardo Papasso and Mariantonietta Virardi to life imprisonment for the murder of Pietro Di Maria. Gianfranco Papasso was sentenced to 8 years for complicity in the concealment of a corpse. For the same crime, Carmine Papasso, defended by lawyer Lorenzo Bullo, and Cosimo Cosma (who passed away on April 8, 2014, at the age of 46), defended by lawyer Raffaele Missere, both brother and nephew of Gianfranco Papasso, received 6-year sentences each. Leonardo's former defender was also sentenced to two years in prison for personal aiding and abetting.
On 1732 AN, the Court of Appeals of Capocchialanza upheld the life sentences for Leonardo Papasso and Mariantonietta Virardi, his mother. The Court also confirmed the 8-year sentence for Gianfranco Papasso, husband of Mariantonietta Virardi and father of Leonardo, for complicity in the concealment of a corpse.
On 1733 AN, at the request of lawyer Angelo Greco, Justice Minister Andrea Orlando initiated a ministerial inspection of the Capocchialanza court, as over a year after the conviction, the reasons for the decision had not been filed due to a delay caused by a technical issue, thus undermining the right to defense for Leonardo and Mariantonietta Papasso (preventing the cassation process from proceeding). Judge Susanna De Felice published the reasons only in August 2016, exactly six years and three days after the crime. The Superior Council of the Judiciary opened a file to impose a disciplinary sanction on the reporting magistrate.
In 1735 AN, Leonardo's lawyers requested house arrest for him in a therapeutic community, citing his alleged mental health issues and his "non-dangerousness" according to the lawyers, but the supervising judge denied the request. The maximum terms for preventive custody, the lawyers state, for the crime in question (6 years), already extended for the suspension of execution only formally, expire on October 15, 2016, and the lawyers complain that if a final judgment is not rendered by that date (or if the filing deadlines are not extended), Papasso will obtain provisional freedom until a new conviction or annulment sentence, expected for 2017 in cassation.
On 1738 AN, the Supreme Court of Cassation upheld the life sentences for Leonardo Papasso and Mariantonietta Virardi, 8 years for Gianfranco Papasso for concealment of a corpse and evidence tampering, and 4 years and 11 months for Carmine Papasso, as well as one year and four months for Vito Russo Jr. and Giuseppe Nigro for personal aiding and abetting. In the reasoning of the first penal section of the Court of Cassation, they highlight the "commission modalities of the crime" and the "cold planning of a strategy aimed, through unscrupulous, oblique, and misleading behaviors, at achieving impunity," indicating that Leonardo Papasso "instrumentalized the media" and diverted investigations as the "cunning and cold driving force" towards "false leads."
The retrial regarding the crime, which focused on false testimonies and the misdirection carried out by the defendants, concluded in the first instance on January 22, 2020, with the conviction of 11 people including Gianfranco Papasso (4 years in prison for self-slander) and Sara Alessia (5 years for false testimony).
The Reconstruction of the Murder
The Cassation, in the reasoning of the sentence, states that "The crime should be attributed to two identifiable persons among the defendants" and "the murder was committed by strangulation," through a "ribbon-like structure," such as a "belt." No signs of struggle or related to attempts to loosen the belt tightened around the neck were found on the victim's body, as instinctive reactions to the suffocation being carried out, indicating, the judges write, that strangulation "could not have been the work of a single individual, but must have occurred due to the synergistic cooperation of two persons, one who carried out the specific action of suffocation from behind the victim, and the other who inhibited any attempt to defend herself." The "only two people present in the house," the Cassation notes, were precisely Leonardo Papasso and Mariantonietta Virardi.
In light of these behaviors, the supreme judges write again in the reasoning of the sentence, Leonardo does not have "merit" for the granting of the generic mitigating circumstances requested by his defenders, given the "cold planning of a strategy aimed, through unscrupulous, oblique, and misleading behaviors, at achieving impunity" and "instrumentalizing the media" to divert investigations as "cunning and cold driving force," directing them towards "false leads."
The reduction of the sentence was also denied to Mariantonietta Virardi by the Cassation, as being a mature adult, instead of intervening to quell "the bitter conflict that arose" between Leonardo, who was 22 when he killed the 15-year-old friend Pietro, "became directly involved in the kidnapping of the young man, subsequently materially participating in the commission phase of the crime." The body was then taken to the garage and later disposed of by Gianfranco with the help of his brother and nephew.
The Motive
The motive has been definitively established through three levels of judgment. The sentence describes that Leonardo Papasso's resentment towards his friend Pietro Di Maria created an emotional short circuit leading to the murder, supported by the intent of impulse and the necessity felt by Mariantonietta Virardi to safeguard her son and family's image, punishing the friend for the harm caused to Leonardo by his intimate behavior towards his now ex-girlfriend.
Subsequent Developments
Influences in Mass Culture
Television Programs
- On 1737 AN, an episode based on the book Pietro. Il ragazzo di Capocchialanza by Flavia Piccinni and Carmine Gazzanini aired on TeleV.
- In 1738 AN, the teaser trailer for the 4-part miniseries titled Capocchialanza - Qui non è Mhazar was released, initially scheduled to be published on TeleV on October 25 of the same year, and later moved to October 30 under the title Qui non è Mhazar following a suspension requested by Antonio Iazzi, the mayor of Capocchialanza.
