Case Law Database

Other Crimes

Cass, 18 December 2014, n 1435/2014 (Lea Garofalo case)

Fact Summary

Ms Lea Garofalo was born into the ‘Ndrangheta mafia in Calabria, Italy. She fell in love with Mr Carlo Cosco, a cocaine trafficker in the ‘Ndrangheta. In 1996, Mr Cosco and some members of his family were imprisoned for drug trafficking. Ms Garofalo decided to divorce Mr Cosco, but Mr Cosco did not accept this. Several years later, she referred Mr Cosco and his associates to the authorities for their involvement in trafficking cocaine and a murder committed by Mr Cosco and his brother. She also gave authorities valuable details regarding a civil war between two ‘Ndrangheta families. Ms Garofalo and her daughter Ms Denise Cosco were then put into witness protection following her cooperation with authorities, however they left witness protection in 2006.

In November 2009, Mr Cosco lured Ms Garofalo and their daughter to Milan on the pretence that they would discuss Ms Cosco’s university education. Ms Garofalo was then kidnapped, tortured and killed by Mr Cosco and his brothers Messrs Vito Cosco and Giuseppe Cosco. Ms Garofalo’s body was then dissolved in acid. The Cosco brothers were aided and abetted by Messrs Carmine Venturino, Rosario Curcio and Massimo Sabatino in the commission of these offences. The criminals then reportedly waited for 3 days until Ms Garofalo’s body had been completely dissolved. Her fate was only discovered several years later.

Commentary and Significant Features

This case is significant because of the prominent role of two women, Ms Lea Garofalo and Ms Denise Cosco, in taking on the ‘Ndrangheta mafia. Despite being born into the ‘Ndrangheta mafia, Ms Garofalo did not accept the traditional code of silence demanded within the mafia. Both women have become symbols of bravery in Italy.

Sentence Date:
2014-12-18
Author:
Giulia Pavone, Anglia Ruskin University

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Investigation Procedure

Involved Agencies

• Direzione Investigativa Antimafia [Anti-Mafia Investigation Directorate] (Italy)
• Carabinieri (Italy)

Gender considerations

Details

• Gender considerations

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Supreme Court
Type of Proceeding:
Criminal
 
 
Proceeding #1:
  • Stage:
    appeal
  • Official Case Reference:
    Cass, 18 December 2014, n 1435/2014
  • Court

    Court Title

    Corte Suprema di Cassazione

     

    Location

  • City/Town:
    Rome
  • Province:
    Lazio
  • • Criminal

    Description

    The applicants’ appeals were rejected and the applicants were ordered to pay the costs of the appeal as well as the expenses of the civil parties to the proceedings. The defendants were sentenced to life imprisonment with daytime isolation.

     

    Defendants / Respondents in the first instance

    Defendant:
    Carlo Cosco
    Gender:
    Male
    Nationality:
    Italian
    Age:
    44
    Born:
    1970

    Mr Carlo Cosco was born on 11 July 1970 in Petilia Policastro, Calabria, Italy.

    Defendant:
    Vito Cosco
    Gender:
    Male
    Nationality:
    Italian
    Age:
    45
    Born:
    1969

    Mr Vito Cosco, also known as ‘Sergio, was born on 28 May 1969 in Petilia Policastro, Calabria, Italy.

    Defendant:
    Giuseppe Cosco
    Gender:
    Male
    Nationality:
    Italian
    Age:
    50
    Born:
    1964

    Mr Giuseppe Cosco, also known as ‘Smith’, was born on 22 September 1964 in Petilia Policastro, Calabria, Italy.

    Defendant:
    Rosario Curcio
    Gender:
    Male
    Nationality:
    Italian
    Age:
    38
    Born:
    1976

    Mr Rosario Curcio was born on 29 August 1976 in Petilia Policastro, Calabria, Italy.

    The Court was not able to determine Mr Curcio's involvement in the kidnapping of the victim but found that he had been involved in disposing of Ms Garofalo's body.

    Defendant:
    Massimo Sabatino
    Gender:
    Male
    Nationality:
    Italian
    Age:
    41
    Born:
    1973

    Mr Massimo Sabatino was born on 6 November 1973 in Pagani, Campania, Italy.

    Defendant:
    Carmine Venturino
    Gender:
    Male
    Nationality:
    Italian
    Age:
    36
    Born:
    1978

    Mr Carmine Venturino was born on 5 November 1978 in Crotone, Calabria, Italy.

    Charges / Claims / Decisions

    Defendant:
    Carlo Cosco
    Legislation / Statute / Code:

    Codice penale art 575

    Charge details:

    Murder

    Verdict:
    Guilty
    Term of Imprisonment:
    Life imprisonment
    Compensation / Payment to Victim:
    10000  EUR 

    The defendants were ordered to pay EUR 5,500 to Mses Marisa Garofalo and Miletta Santina and EUR 4,500 to Ms Denise Cosco.

    Fine / Payment to State:
    3500  EUR 
    Defendant:
    Vito Cosco
    Legislation / Statute / Code:

    Codice penale art 575

    Charge details:

    Murder

    Verdict:
    Guilty
    Term of Imprisonment:
    Life imprisonment
    Compensation / Payment to Victim:
    10000  EUR 

    The defendants were ordered to pay EUR 5,500 to Mses Marisa Garofalo and Miletta Santina and EUR 4,500 to Ms Denise Cosco.

    Fine / Payment to State:
    3500  EUR 
    Defendant:
    Giuseppe Cosco
    Legislation / Statute / Code:

    Codice penale art 575

    Charge details:

    Murder

    Other sanctions:

    Information about the verdict against Mr Giuseppe Cosco and the sentence, if any, was not available at the time of writing.

    Defendant:
    Rosario Curcio
    Legislation / Statute / Code:

    Codice penale art 575

    Charge details:

    Murder

    Verdict:
    Guilty
    Term of Imprisonment:
    Life imprisonment
    Compensation / Payment to Victim:
    10000  EUR 

    The defendants were ordered to pay EUR 5,500 to Mses Marisa Garofalo and Miletta Santina and EUR 4,500 to Ms Denise Cosco.

    Fine / Payment to State:
    3500  EUR 
    Defendant:
    Massimo Sabatino
    Legislation / Statute / Code:

    Codice penale art 575

    Charge details:

    Murder

    Verdict:
    Guilty
    Term of Imprisonment:
    Life imprisonment
    Compensation / Payment to Victim:
    10000  EUR 

    The defendants were ordered to pay EUR 5,500 to Mses Marisa Garofalo and Miletta Santina and EUR 4,500 to Ms Denise Cosco.

    Fine / Payment to State:
    3500  EUR 
    Defendant:
    Carmine Venturino
    Legislation / Statute / Code:

    Codice penale art 575

    Charge details:

    Murder

    Verdict:
    Guilty
    Term of Imprisonment:
    25 years
    Compensation / Payment to Victim:
    10000  EUR 

    The defendants were ordered to pay EUR 5,500 to Mses Marisa Garofalo and Miletta Santina and EUR 4,500 to Ms Denise Cosco.

    Fine / Payment to State:
    3500  EUR 

    Court

    Corte Suprema di Cassazione

    Sources / Citations

    Cass, 18 December 2014, n 14352014