Okay, come on, girls. To your places. One, two, three, and…
BASED ON A TRUE STORY
Alfonso, don't be--
You go to Italy and you say pasta is only Italian, well…
-But it says "Greek…" -Remember our trip to Sofia?
-Alfonso, you're so annoying! -Of course.
-It says "Greek recipe." -Okay.
Good night.
-"Good night"? -What do you mean, miss?
First things first. Shower, you're dripping wet.
-Hey! -Can't I shower tomorrow?
Oh, by the way.
-We didn't take a single photo. -Asunta…
Charo, get your phone, mine's a brick.
-Let's take a photo… -But I look terrible now.
To remember tonight…
-Oh, I'm tired. -…and your great performance.
-Wait a second. And where…? -Here.
No, you don't look terrible, you look beautiful. Look.
-Look. -But…
-So cute. Asunta, please! -Asunta, sit up properly, come on.
Just one. Come on.
-But why are you suddenly upset? -What a clown. Look at her.
-Don't be so cheeky. -She's so cheeky, honestly.
You ask for just one photo and look at her go.
-Ugh. I want to go to bed. -"Ugh…"
-I'm tired. -Are you really that tired?
Can I go now?
-One moment, Asunta. -Let's see, wait.
THE ASUNTA CASE
Before we start, I would like this to go on the record.
We find it of great importance.
We have been informed that several interviews
have taken place with Your Honor that we don't fully understand,
including one with Laura Prieto here, and her mother, Ms. Iglesias.
We followed the usual procedures.
We believe that "usual procedures"
must be made in accordance with the Criminal Procedure Act,
and that interviews in Your Honor's office
are not what can be considered, let's say,
appropriate pre-trial diligence, in this case.
If you weren't notified earlier it was because there was no reason
for the lawyers to meet with those individuals in the first place.
Nor do I see any reason for the investigating judge to do so.
If at least there was a record of said interview,
either by written record, or a voice recording, or--
-You are here today, aren't you? -Today I am.
And there will be transparency, but I found out this morning
about the testimony of this witness,
which clearly violates my client's right to a fair defense.
But the problem, Your Honor,
is not just that these practices have been repeated over time,
but that we learn about them by chance and through the media.
Again, through the media!
Which, at this point, to me, honestly,
seems more than intolerable.
Are you accusing me of something?
No, I am not. If you take it as an accusation…
Then I must have misunderstood.
Well, please stop interpreting what I say.
All I'm saying is I've always respected Your Honor's decisions.
And if I had to oppose them, I did so through legal channels,
and in the correct manner.
I didn't go to the media,
or make any comments, outside these proceedings,
about my opinions on what is happening in this room.
And what I say, I say formally, on-record and in writing!
Yes, woman, yes.
-Anything else? -No, Your Honor, no.
Shall we begin?
Yes.
Good afternoon, Laura. Sorry.
I suppose, after what you just heard, you know why you're here, right?
Very well.
The girl says she came out of here,
from a sports shop on General Pardiñas Street,
and saw Alfonso and Asunta at this intersection.
-What were they doing there? -Going to La Alameda?
If they went this way, one of these cameras should've got them.
If it was this sidewalk, the only camera is from the Sabadell bank.
Put it on!
Here's Rosario on her way to the garage, before picking her up.
Fast-forward now.
If it was here, they weren't seen.
-There? -What for?
What? Do they charge you per view or what?
Play it!
Stop there! Rewind.
It was at 6:24 p.m.
Hey, what's the matter?
-What? -You didn't call me.
-Me? -Yes.
What a morning.
My head's gonna explode, so you'd better give me some good news.
You're the one who's late, you know.
There it is.
This is Laura Prieto, the witness who saw Alfonso
walking with Asunta on September 21st.
As you see, she's with her boyfriend, and she's holding the sports shop bag.
Which lends credibility to both her and her mother's testimony.
She saw Four eyes and Asunta on the day of the murder.
-Yes. The day matches. -Exactly.
But we've checked the time of the recording on other cameras and…
we might have a problem. Look.
This camera is a 30-second walk
from the intersection where Laura Prieto saw Alfonso Basterra with the girl.
6:24 p.m., okay?
-Now look at this one. -6:21 p.m.
The gas station where Rosario passed by with Asunta.
Only three minutes earlier.
It's, at least, a five-minute walk between these two points.
If the defense wants to use this camera--
They could say that, according to this camera,
Laura couldn't have seen them on the street.
-And then we'd have a problem. -No.
We'd have a time frame open to interpretation.
What happened between X and Y? Huh?
This recording is part of the investigation.
If they find it and think it might help, they're entitled to use it.
If they find it.
Luis, if I can't argue that Alfonso was involved,
I'm really screwed.
My whole prosecution could fall apart.
How could Rosario do it all on her own?
She couldn't even have lifted the body
to take it down from the bedroom or out of the car.
Don't miss the forest for the trees, Pedro.
Camera footage or not,
the evidence we have against Basterra is overwhelming.
Need I remind you the girl slept with him when she appeared dizzy in class?
And you heard that girl.
I have no doubt a jury will believe her.
Very well. You're very sure.
But I'm the one facing the trial jury.
Who would you believe first, that girl or Alfonso Basterra?
Huh?
Luis.
Not everyone knows what we know about him.
Dad.
What are you doing up this late?
The Arteixo sets sail at 2:00 a.m. The captain waits for no one.
Yeah, yeah…
The Arteixo sets sail at 2:00 a.m. The captain waits for no one, son.
You just don't get it.
Sorry, I know it's a bit late. Check your email, please.
-Wise up, son! -Dad.
You never listen to me. You're always doing your own thing.
Didn't you need a hand with your book about the case?
He waits for no one.
How about coffee first thing tomorrow?
As if I didn't exist.
Yes. Always the same.
-Dad. -The Arteixo sets sail at 2:00 a.m.
-Dad… -And the captain waits for no one.
Yes. Don't worry, we won't miss this ship.
Come on. Let's go to bed.
-See? He waits for no one. -He doesn't. Come on, let's go.
Artists really hate getting up early, huh?
Sorry. We finished the show very late yesterday
and I had to bite my tongue on-air.
That was your choice.
Where did those photos you sent me come from?
They were found on the parents' phones.
You know what the medical examiner said?
"This girl is completely sedated."
Why would the parents drug their daughter?
The first time we searched Alfonso's room
we found a pair of shorts there, lying around by the bed.
You should see my house some nights.
But under forensic light,
stains appeared.
Well, loneliness can be harsh. But they're just his shorts, right?
Yeah, and the girl's leggings found on her nightstand,
were they his too?
What about the fluorescent dots we saw with the light,
splattered on the walls, what about them?
You know if I write this, they'll crucify him.
To write about this case, Paula, knowing the investigation is not enough.
You also need to know the version of the people that were there.
We're still talking about the content found in Rosario Porto's cell phone.
Photos of her dressed in a ballet outfit, with a fishnet top…
Wearing, let's say, adult makeup.
Images that many believe show sexy or erotic poses,
certainly not appropriate for her age.
Indeed, but we want to clarify…
that what you're seeing on your TVs is the original report…
But there's not even a trial date and they're already condemning us.
Did you see what they're saying about the photos?
They're trying to divide you. Make you turn on each other.
Those photos are pure speculation.
No judge will be swayed by them,
let alone admit them as evidence.
A judge might not, but a jury will.
We'll prove your innocence at trial, Rosario.
We'll counter everything they present against you.
How unfair, Juanjo.
How unfair. I need to get out of here. I need…
We've requested bail again, and we'll get it.
But we need to be patient.
To Malvar, every day you spend here makes you look more guilty.
And he'll use that as much as he can.
I can't do this anymore. I really can't.
I want to die.
There's no reason for you not to be released pending trial.
And eventually, the evidence will speak for itself.
It's a matter of days, you'll see.
TWO YEARS LATER
Will that be enough, Rubén?
I'll add two more on the house, Marisa.
I've got my two grandkids over today, you have no idea how much they eat.
We don't have kids.
But we have a 15-year-old nephew who eats like there's no tomorrow!
-Kids are wonderful to have… -And exhausting.
At our age, we're happy just making ends meet.
That's also true.
I need your signature. It's certified mail.
Ah! Great, another fine.
-It's from the Provincial Court. -From where?
-We said it'd be quite the coincidence. -What?
Looks like I've hit the jackpot.
-Good morning. -Good morning.
Good morning.
Your Honor, if I may, before we start,
my colleague from the defense and I
would like to highlight the ton of bias
we're sure we're about to face.
What, you want to challenge all the candidates?
-Well… -Look, Your Honor.
What we're saying is that, undoubtedly, thanks to the diligent work
and complicity of the media,
there's not a single person in Spain who doesn't have a preconceived opinion
about whether the defendants are innocent or guilty.
Look, counselors,
this was already resolved in the corresponding appeal.
If you want to challenge the four members you're entitled to, go ahead.
All right. Let's start with the testimonies.
Do you understand the responsibility of being on a jury?
Of course. Nobody likes taking on such responsibility.
But that girl deserves justice.
No, I actually don't know who Rosario Porto is.
-Are you sure? -Absolutely.
Do you think one loves an adopted child the same as a biological one?
That's tough…
Because my kids are mine, right?
I mean, they come from me.
So, you're familiar with the case we're discussing.
-What kind of question is that? -Excuse me?
How could I not? It had us on the edge of our seat.
Yes, of course.
Like everyone, right?
Ah, the Chinese girl.
Oh, yes, of course.
Yes, I know who that is.
I certainly couldn't harm her.
Could you deliver justice without hesitation?
Well, one might hesitate a bit, right?
But yes.
Yes, I think so.
I mean, if I'm sure about it.
Because, in the end…
it's a big responsibility.
Yes, it is, indeed.
Exactly.
I couldn't sleep at night
thinking someone is paying for something they didn't do because of me.
I don't know, I believe one's conscience needs to be at peace.
Very well. The trial starts tomorrow.
Be on time, please.
Here, at the Santiago Provincial Court,
begins the highly anticipated trial of the Asunta Case.
After two years in jail,
a jury will decide if Rosario Porto and Alfonso Basterra
are guilty of murdering their daughter, Asunta Yong Fang Basterra Porto.
There are 24 days of trial scheduled.
But, given the outcry over the parents' guilt,
it might conclude sooner.
Maybe then, we'll be able to answer the questions we all have.
Why did they do it?
How can parents murder their own child?
How will the trial go? Will they continue with the joint defense?
Do you believe in your chances?
We believe in the innocence of Rosario Porto and Alfonso Basterra.
Despite the fact that, with so many biased leaks,
repeated time and time again by the media,
our clients have already been condemned,
before even setting foot in the courtroom. Thank you.
-JJ… -What do you think of…?
Thank you, much appreciated.
-Good day. -What about the gas-station footage?
Thank you, much appreciated.
In the presence of the jury, the prosecutor, the defendants,
Rosario Porto Ortega, Alfonso Basterra Camporro,
and their defense team,
I hereby commence the trial for the murder of Asunta Yong Fang Basterra Porto.
THE ORANGE TWINE
Ms. Porto, as stated in the investigation,
the officer who was with you during the visit to Montouto house
the night of your daughter's death
claims that, on the way to the bathroom, you bumped into a wastebasket.
The wastebasket in my room, yes.
Did you touch it at any point?
-Of course not. -Are you sure?
At no point.
All I wanted was to go to the bathroom.
-And did you go? -I don't think they let me.
All right.
In that wastebasket, pieces of orange twine were found,
is that right?
Another photo, please.
Ms. Porto, what is such twine used for in your home?
I suppose for…
gardening purposes.
Then what would be the reason
for twine like that to be found in your bedroom?
I don't know. Obviously, gardeners don't go up to the rooms.
I don't know.
Could you please take that photograph down?
Remove the photograph.
Thank you.
My colleague stayed at the scene, carrying out the necessary procedures.
And I accompanied Rosario and Alfonso to the Montouto country house.
When we got there, Rosario switched off the alarm,
and told me she needed to use the restroom right away.
I saw her go up the stairs, towards the second floor,
and I followed her, of course.
And that's when I saw her enter one of the rooms.
The one with the wastebasket.
Yes. The wastebasket was there, next to the bathroom.
There's been a lot of talk about the twine in this room,
but the cuts haven't been mentioned.
The ends of one sample to another.
It turns out the ones found in that wastebasket
don't match the ones found on the road.
They don't match.
Can you confirm this information?
It's the same type of twine.
The mechanical fit of that material
can't be confirmed after being cut,
so it wasn't considered relevant.
We'll see whether it's relevant or not.
During the investigation, it was said that this type of twine
isn't very common in the Santiago, Cacheiras, Teo area…
Maybe because the search wasn't thorough enough.
With considerably fewer resources than the Civil Guard,
I was able to find, in half a day, three rolls of orange twine in the area.
You didn't find any twine like this during your investigation?
That twine isn't made of the same material.
To say it's the same twine only because they're orange,
would not be true.
So?
Why were the investigators in such a hurry to close that line of inquiry, I wonder?
I can answer for you.
You didn't want to investigate because a culprit had been chosen from day zero.
Not from day one. From day zero.
Refrain from drawing conclusions, counselor.
THE GAS STATION CAMERA
Take a good look at this image.
Because this is the last time a camera recorded Asunta alive.
Ms. Porto, the night you and your ex-husband
filed a report at the police station,
you said that you had left Asunta at home doing homework. Isn't that true?
Exactly.
Doing her homework, after coming with me to the house.
That's not what you said at the beginning.
She said she was tired,
and she wanted to finish the Chinese homework
that Ms. Wang had given her.
Why didn't you pick up the swimsuits on that trip? Why did you go back later?
Because I had to air out the house.
And…
it takes an hour.
And which route did you take? Because we have no record of that journey.
We took the ring road.
But…
if I'm honest, I can't confirm that right now.
You can't confirm it. Oh, well.
Where did you leave the child?
I left her between República Argentina and Puente Castro streets.
You know what, Ms. Porto?
There is absolutely no evidence of what you're telling me. None.
No cameras, no witnesses, nothing. Absolutely nothing.
But there is evidence of what you said at the beginning.
You said the girl wasn't with you in the car.
But when you were informed about that camera,
suddenly, she was.
Ms. Porto, the last time your daughter was seen alive
she was in your car, with you, on the way to a property you own.
Do you still claim that?
I'm not claiming anything.
That's what happened, and how it happened.
THE PURCHASES OF LORAZEPAM
Do you remember buying, on July 5th of the year 2013,
a box of 50 lorazepam pills
at the López Sierra pharmacy at number 23 Rúa do Hórreo?
I can't recall the exact date, but probably.
I was in charge of buying Rosario's medication,
among many other things.
What do you have to say then, about July 9th, 18th and 23rd?
Apparently, her music teacher informed you Asunta wasn't feeling well.
Do you recall saying the girl was drugged?
No. I never said that.
What I said was that she seemed like she was drugged,
which is slightly different.
-Not sure if you realize that. -Yes.
Asunta was taking some very strong antihistamine medication
for her allergies.
All right. How do you then explain Asunta's postmortem toxicological tests
found no traces of allergy medication,
but did find traces equivalent to 27 lorazepam pills?
Asunta was taking medication for her rhinitis.
Are you referring to the "white powder"
that Asunta told her teacher that her parents were giving her?
Medication, by the way,
that her pediatrician denies having prescribed.
Tell me something, Mr. Basterra.
Do you find it normal to purchase 125 lorazepam pills in ten days?
Rosario was going through a very tough time.
I mean, she had just been hospitalized.
She didn't even know where she'd leave her phone…
She had, well…
She had misplaced some, but she needed those pills.
Mr. Basterra…
tell me something.
What were you doing while Asunta slept?
Sleeping.
Nothing more than that.
Luis, how are you?
I'm sorry I couldn't make it to the funeral.
I've been really busy, you know how it is.
How are you?
Fine.
"This too shall pass," he used to say.
The last few months, he was…
hardly himself.
I'm truly sorry.
Ah…
I wish I was a prosecutor to see those two's faces.
-It is looking good, I won't lie. -It certainly is.
I left you an impeccable investigation.
But remember it's not over yet…
Don't worry.
I know.
Will you bring up the photos?
I ask you to look at these photos carefully.
THE PHOTOGRAPHS ON THE CELL PHONE
Stop on that one, please.
Alfonso, I would like you to look at this image, specifically.
I think I heard Rosario explain
that Asunta liked to play mummy.
No, Rosario didn't say that.
What Rosario said is that our daughter liked dressing up.
She gave some examples that I can confirm.
And, excuse me, why instead of showing this photo,
which might seem a bit suggestive because of the pose,
why not show the previous one?
Why leave this one up for some hidden and dark motive?
I find it somewhat biased.
The prosecutor wanted to ask a question about this photo.
Did you take the photos in which Asunta is dressed up for a cabaret?
No, I don't think so.
I'm almost 100% certain they were taken on my ex-wife's phone.
Again, at that time, I had a brick of a phone
and took pathetic photos.
Next photo, please.
Go back, please.
Thank you.
Is that your hand?
It probably is. Yes.
Yes. It is.
Is that also you taking the picture at that moment?
I don't know.
I have absolutely no idea.
-Don't remember this moment? -No.
We took hundreds of photos of our daughter.
I couldn't tell you…
Just like any parent who takes lots of photos of their child.
So, what is it then, Mr. Basterra?
Did you take the photos, or did Rosario take them?
Ms. Porto,
the attire, the makeup, were they specified by the school
so all the girls were matching?
Yes. All the girls that did the show were dressed the same.
I say this because that's what her teacher stated during the investigation.
During the investigation,
these photos were found on your daughter's phone.
Is it true that said phone used to belong to you?
Yes.
It was mine.
And when I decided to get a new one, I gave it to Asunta.
So, tell me one thing.
What sense does it make for someone to take these kinds of photos
with supposed sinister intentions, as the prosecution claims,
on the victim's own phone?
Honestly?
Honestly.
I don't know.
Your Honor, I'd like to add something more about these photos. May I?
Go ahead.
It seems to me only a dirty mind
could misinterpret photos of a girl dressed in ballet attire.
I just don't understand.
I don't know what the prosecutor means to imply.
Even her teacher said all the girls take photos like this after the shows.
I don't know if the people in this room have children that do shows or pageants,
but…
they usually come out very excited.
No further questions.
Mr. Miranda.
I'd like you to carefully look at these other images.
THE VISIBILITY ON THE ROAD
Please.
Stop right there, please. At 10:17 p.m.
10:17 p.m.
Please remind us where you were at that time
on Saturday, September 21st.
Well, around that time,
I was holding a flashlight, walking up the road with my wife.
And then, coming down, around 11:15 p.m., 11:20 p.m.,
we passed just two feet or so from where the body was later found.
We didn't see anything that night.
So, if it had been there,
you would have seen the girl's body.
I mean, was there light?
It was quite late at night.
Didn't I tell you we had a flashlight?
You had a flashlight.
So, if the defendants were at the police station
reporting their daughter missing
at the time you walked up the road,
it's impossible for them to have left the body there, right?
Thank you.
Now, Mr. Miranda…
do you remember what you said during the investigation?
Well, I don't remember the exact words, no,
but I testified the same thing I've said now.
I'm not infallible, but the body wasn't there.
Right. And tell me another thing,
were you talking with your wife?
Yes, so what?
Then it's possible that, at that moment,
you weren't paying attention to the side of the road, right?
Say what you want,
but I don't think the body was there.
Want me to say it was there?
No. I don't think it was there.
However, on the day of the visibility test you conducted with the Civil Guard,
you couldn't specify the location of the T-shirt
they left marking the exact spot where the victim was found.
Right?
If I may, Your Honor.
I'd like to formally request, for the sake of truth,
that the jury go to the road to verify on-site
whether the witness could've seen Asunta's body that night or not.
Denied.
The jury will only evaluate the proof shown in this courtroom,
as duly included in the case file.
I feel terrible.
Eight hours sitting there like scarecrows, I don't understand half of what they say.
It won't last forever, just a few days.
And if you don't show up, oh, they'll come asking.
Ask me about top rounds, shanks, rounds…
But laws… Why should I know about laws?
They're not asking you to know the law.
They want you to say what's on your mind.
And stop that already, before you break it.
I haven't slept in three days. I don't even know where I am.
Seeing that girl there, lying like a little angel…
Jesus. I can't get it out of my head.
Remember Xurxo?
He drove off the main road and fell into the river Miño.
He got out, but his wife stayed in there, and drowned.
Took him two days to jump out of a window.
-I'm sure he was wasted. -A guilty conscience is a terrible thing.
That's what baffles me about these people. They seem to be sleeping just fine.
Sure. Xurxo might have been a drunk, but he was a normal guy.
Remember we're having dinner with my sister tonight.
The one day we decide to go out for dinner…
It's just a moment. We'll be right there, okay?
This is where the girl…
What is it?
Can you see it or not?
CORRECTIONAL FACILITY
-Come on, spill it. -I didn't say a word.
That's why. I know you're thinking the same thing I am.
We're getting thrashed.
Well, we still have some options.
We knew it would be a hard case, Dad. But you couldn't walk away, could you?
No, I couldn't walk away.
But I was hoping to have something else to hold on to.
You still think Rosario is hiding something, don't you?
Well, she won't help you.
You read the forensic psychologist's report.
She has a narcissistic personality. She feels sorry only for herself.
She won't share anything that could tarnish her reputation.
Look, it's easy to write reports like that after the fact.
If they could write them before the crimes are committed,
they'd save us all a lot of trouble. You know?
And what do we do, Rosario?
The case is getting very complicated, I won't lie to you.
What would you think if you were a member of the jury,
and you knew the defendant lied?
And on top of that, didn't report
a possible attempt on her own daughter's life.
You don't trust me either.
I need something I can use
to convince the jury you're innocent.
Something you haven't told me yet.
-I don't know… -But there's nothing else.
There's nothing else…
Think carefully, Rosario, because we're running out of chances.
And out of time.
Maybe it's not something you can say about yourself.
I don't know, maybe something related to Alfonso.
Don't even mention Alfonso.
All of this is his fault.
Things shouldn't be like this.
All I wanted was to be happy.
That's all I wanted, Juanjo.
I still don't know why you say it was all his fault.
I don't.
All right.
In that case, we'll continue with the joint defense.
It's our only option.
You'll stay together.
Until the end.
Are we leaving?
I've asked for five minutes.
Your ex-wife is dragging you down with her,
and if you keep this up, I won't be able to help you.
Want to spend 20 years in prison?
-Of course not. -Good.
Then we should consider a different kind of defense.
You'll have more options on your own.
But it's not up to me, it's your decision.
Nothing will change the fact that my daughter is gone.
No.
No, Alfonso.
Asunta isn't coming back. That's the truth.
But neither are the two years you've spent locked up,
nor the 20 they're asking for out there.
Today, they'll try to convince everyone that you also took Asunta to Montouto.
You know they have a witness.
I didn't step foot in that house that day.
Why do you keep covering for her?
Rosario didn't kill Asunta.
And you'll never hear me say otherwise.
I need to know why you're doing this. I can't get my head around it!
-She's my wife. -No.
Not since she started leaving Asunta home alone to run off with her lover.
What is this? Pride?
What are you trying to prove, that you're above everything and everyone?
What they have now is enough to ensure you don't walk out of here scot-free.
That's if we convince them not to believe the girl
who says she saw you on the street.
Let's be a bit realistic, okay?
We go out there and say Rosario got nervous and called you.
-And that-- -I'm not going to lie to anyone.
Your silence is condemning you.
Tell me something.
Could you live knowing you shared your life with your daughter's killer?
I don't know.
I don't know, Alfonso, honestly, I don't.
But I've been in this for years, and there's one thing I'm sure of.
No innocent person wants to go to jail.
All right.
Be honest.
What do you think?
What everyone's going to think.
That there's something you're not telling that's worse than your daughter's death.
Do you remember what you did on the afternoon of September 21st?
THE PHONE RECORDS
I sat down to do something I really enjoyed, which was reading.
A book, of course.
And how long were you in your apartment?
Until about 9:30 p.m. or 9:45 p.m.
I didn't leave there all afternoon.
And tell me, do you have good phone reception in your apartment?
Normal, yes, standard.
Like anywhere in town. I don't…
-I don't understand the question. -Don't worry, I'll clarify.
How is it possible then that your cell phone
didn't emit any signal between 3:00 p.m.
and 8:43 p.m. that same evening?
Or did you switch your phone off so you could disappear?
No, excuse me. My phone wasn't off.
I don't know where you got that information.
So, your phone was on that evening?
No, not that evening. Always.
What the prosecutor seemed to overlook in his argument is the expert report,
stating that Alfonso's cell phone
could've been connected to a home Wi-Fi network,
and thus been missed by the cell towers.
In fact, if that cell phone
had been disconnected all those hours,
it couldn't have made the calls it made, right?
Did you make any calls that afternoon with that mobile phone, Mr. Basterra?
Yes, I believe I made several calls.
One to Rosario's landline,
another to Asunta's cell phone and the Montouto landline.
Several times, in fact.
No doubt it's a magical phone if it can make calls while switched off--
Your Honor, this is misleading.
The call times are later--
His phone also received calls that day.
I remind you this is a trial, not the market.
Please respect speaking turns.
-Counselor, any more questions? -No, Your Honor.
The floor is now with the defense attorney.
As I was saying, his phone also received calls that day.
For example, one around 9:36 p.m.,
from his former address on Doctor Teixeiro street.
Correct?
Yes. That's correct.
Is it also correct to state that the person who made that call
is Ms. Rosario Porto?
It is.
What did you talk about?
She called to tell me she couldn't find Asunta,
and to ask if she was with me.
Was that all? Did you talk about anything else?
Since she wasn't with me,
I told her to call her friends, their mothers…
If not, going to the police was the sensible step.
Alfonso, the call lasted five minutes.
Five minutes.
Are you sure that was all you talked about?
Think carefully, please.
I have nothing to think about.
Laura Prieto Iglesias is called to the stand.
THE FINAL WITNESS
-Hello, Laura. -Hello.
Well, before we start,
can you tell us your full name and how you knew Asunta?
My name's Laura Prieto Iglesias.
I knew Asunta from French classes at the academy.
So, you have no doubt you saw Asunta and her father
walking on the street on the afternoon of September 21st?
I'm sure. Because, well…
father and daughter were unmistakable.
So, when and where did that encounter take place?
Definitely after 5:30 p.m., and before 7:00 p.m.
I was walking down General Pardiñas Street and I saw them.
They were walking up República del Salvador Street.
-And where were you coming from? -Buying some shoes.
Well, sneakers.
At the sports shop on that part of the street.
A bit further down.
Thank you very much.
Hello, Laura.
Look, the prosecution argues that,
in that time period between 5:30 p.m. and 7:00 p.m., as you said,
Asunta was already drugged.
Did you notice anything unusual in how she walked?
Did you notice anything that caught your attention?
Not really. I didn't notice anything.
But Laura, at that moment,
Asunta had 27 lorazepam pills in her system.
If the ingestion of these pills took place at Mr. Alfonso Basterra's home,
as the investigation consistently suggests,
I wonder how was it possible for Asunta
to be walking normally in the street at that time?
Are you sure you didn't notice anything odd? Anything?
I already told you I didn't notice anything.
-I didn't notice anything. -Very well.
Rosario leaves the garage at 6:14 p.m.,
and arrives at the gas station at 6:21 p.m.
I would like to request the receipt of the sneakers be shown,
file 1344 bis, provided by the Civil Guard at the time,
after conducting the necessary inquiries, please.
Thank you.
Laura, can you tell us the date and time listed on the purchase receipt?
September 21st, at 6:21 p.m.
6:21 p.m.
Considering that you left when you paid,
and that from the shop to the crossing, there are barely a few meters,
how could you have seen Asunta with Alfonso on the street,
if at that time, the prosecutor places them in the car on the way to Teo?
Your Honor, I would like to note that the cash register
was not connected to the internet, so it was dismissed as evidence.
Another example of how you manipulate the timeline in this investigation.
-Counselor. -Quite meticulous when it suits you.
-Don't make me reprimand you, counselor. -When it suits them, they are.
Don't answer the question.
I'm sure it was them.
And I'm sure it was that day, and not a different day.
No further questions, Your Honor.
Let's set aside, for a moment, Laura Prieto's statement,
who declared that she saw Alfonso Basterra walking on the street…
CLOSING ARGUMENTS
…with his daughter Asunta on the evening of the murder.
Let's also set aside the activity of his cell phone,
his lack of cooperation during the whole investigation,
and a long list of inconsistencies, lies, and contradictions
that both have presented us with.
It's been proven during this trial
that the child Asunta Yong Fang Basterra Porto
was sedated by repeatedly being given lorazepam
over the last three months of her life.
And you must know that there is a common denominator in all this.
The apartment on República Argentina Street.
Because it's Mr. Basterra's apartment
where the child had slept when the dizziness occurred.
It's in his apartment where she had lunch for the last time,
accompanied by her mother Rosario Porto.
I wonder why Mr. Basterra,
with the amount of evidence incriminating his ex-wife,
refuses to turn against her.
And you know why?
Do you know why?
Because they both had reasons to get rid of Asunta.
Ms. Rosario Porto Ortega,
because she felt overwhelmed by her daughter,
and Mr. Alfonso Basterra Camporro,
because he was willing to do everything,
absolutely everything, to get his ex-wife back,
and thus, his lifestyle.
This crime bound him to her forever.
The prosecutor talks about proof.
But, as of today, two years after the death of the child,
there is not a single piece of evidence, not a single one, that places my client,
Mr. Alfonso Basterra at the Montouto house,
or on the road where Asunta was found.
But how can the prosecutor defend or argue
that my client could be in two places at the same time?
It's the same question I personally have
when Laura Prieto claims she saw Alfonso with Asunta in the street.
Look, how is that possible?
Out of the 37 security cameras reviewed,
not one shows a single image of Mr. Basterra with his daughter.
Look. The answer is the same.
Laura Prieto isn't lying.
She's saying what she believes she saw.
Laura Prieto is mistaken about the day.
Because on September 21st, 2013,
Alfonso Basterra didn't leave his house.
I repeat. He didn't leave his house.
So why is the prosecution bent on creating an itinerary
based solely on circumstantial evidence?
The only thing they want is for you to believe
that the defendants should have an alibi,
when in reality, it's the prosecution who,
respecting the right to a legitimate defense,
should prove the serious accusations being judged in this courtroom,
something they have yet to do.
Personally, I'd like to express that,
if in this defense I have been able to contribute
to you judging without prejudice,
to you being guided by reason,
and to you subsequently being able to make your votes
with the sense of responsibility I know you have,
I will have done my job.
Now it's your turn to do yours.
Thank you.
Members of the jury.
During the trial, the prosecution has maintained an accusation
based on flimsy evidence that doesn't hold up,
or on mere conjecture.
The truth is,
there was no incriminating evidence against the defendants,
as my colleague in the defense has already stated.
And there still isn't as of today.
As many of you probably already know,
Rosario Porto is a qualified lawyer,
with proven intellectual training and, therefore, an intelligent person.
Do you believe that if she had killed her own daughter,
she would leave…
clues, signs, or traces of her crime?
Like the infamous white powder or the twine.
It wouldn't make any sense.
That's why I remind you there's still someone out there
unpunished and free.
Someone dangerous who could kill again.
And the prosecutor, in collusion with the investigating judge,
set out to turn a mother into a monster.
Well, here you have the monster, right beside me.
What motive could these parents have,
who gave their daughter the best education possible,
parents who loved their daughter above all else,
to decide to kill her?
Allow me to answer. Absolutely none.
Therefore, I ask you to thoroughly analyze the facts,
the proven facts as well as those unproven,
and to take your time to deliberate conscientiously
before reaching your verdict.
At stake are the honor and freedom of two people
who have already endured two years in prison
and lost their only daughter.
That's all. Thank you.
Thank you, counselor.
After presenting the evidence and hearing the reports
from the public prosecutor and the parties,
it's now your turn to deliberate.
I wish you the best of luck,
and urge you to decide based on the evidence presented,
and to act conscientiously.
Thank you.
Let's vote then.
The idea of someone wanting to kill their daughter…
I don't think it's very clever.
Do you know what I mean?
I mean, he leaves the house and no camera sees him.
To avoid the cameras he has to take a detour,
go through many more streets.
Especially on a Saturday afternoon, in Santiago!
End of summer, when everything is packed.
I do deliveries with my van.
At 6:00 p.m., everyone is out for a walk.
And for the girl to be completely drugged
in the middle of the street, and no one noticing?
Well, I don't know.
To me, it seems very careless.
We must evaluate the evidence as a whole, some will resonate more than others.
The important thing is to view the case with perspective.
Yeah, and I'm trying, but I have doubts.
There's that proof about…
"he didn't do this."
"He didn't do that."
"He must've done this."
I don't know.
But you saw what he didn't do for his daughter, right?
He didn't report it.
He didn't want to find out what happened after they broke in and tried to kill her.
He didn't take the girl to the doctor, despite the dizziness.
Yeah. We all know what we would have done.
But you have to be there.
My mother used to say, "Household matters are settled at home."
Well, maybe it doesn't mean anything, but…
What would your mother say about Basterra's phone being inactive?
Maybe she'd think he didn't want to be found.
And don't forget that after each purchase of pills,
there were dizzy spells coinciding with the times
she was in her father's care.
And the times of her taking lorazepam
also match the meal times at her father's house.
You can vote whatever you feel like, but we have to vote.
Did you follow the case in the media?
No, I work too much.
Then you didn't hear the conversations between Basterra and Porto
in the cell when they were arrested.
"Don't say anything problematic. They're listening to us."
Alfonso said this to Rosario.
"Your dirty imagination will be a big problem,"
she replies.
"Did you have time for that thing?"
They said that?
It's a conversation between them.
And nobody talks like that unless they have something to hide.
Okay, let's see…
these conversations didn't come up in the trial, or did they?
Then, what?
We can't take them into consideration.
Whether presented in trial or not, they're real. We heard them.
Well, I have no doubts.
So let's please vote.
The jury spokesperson has the floor.
The jury, unanimously…
finds the defendant Rosario Porto Ortega
guilty of the crime of murdering a defenseless Asunta Basterra Porto.
Likewise, the jury, unanimously finds the defendant Alfonso Basterra Camporro
guilty of the crime of murdering
a defenseless Asunta Basterra Porto.
Based on the following proven facts.
That Mr. Alfonso Basterra Camporro and Ms. Rosario Porto Ortega…
Good job, you two.
See you next week.
Yes, I think we're on the Fiaño case together.
JJ,
you sure hate it when things get tough.
See you.
One of these days,
they'll leave us the keys for us to do the closing.
Rosario,
we knew this path wasn't going to be easy.
But still, we're gonna try every option.
Can I ask you a favor?
Of course.
I was thinking I would like to place an obituary
for Asunta every September 22nd.
-Yes, I can get you the contact for-- -Could you take care of it?
Of course.
I want it to say…
"I will always love you."
"Mom."
You'll be able to order it yourself, no matter where you are.
They can't deny you that right.
Promise me.
Promise me you'll do it.
Juanjo.
Okay.
Thank you. Thank you so much.
Sara, be careful, you're gonna fall. Be careful.
That's our job, collecting evidence.
-Others interpret it, right? -Yes.
-It is what it is. -It is what it is.
Here you go. Take this.
Tell Mommy, "It is what it is." Tell her.
-Here. -It is what it is.
The world they'll grow up in,
I think will be better than the one we grew up in.
Right? Wanna drink?
-Water. -Water?
-Let's hope.
What is it, my love?
Today, the trial for the death
of Asunta Yong Fang has finally come to an end.
After the jury convened to deliberate,
they believed it had been proven that both Alfonso Basterra Camporro
and Rosario Porto Ortega carried out…
Rosario Porto and Alfonso Basterra were sentenced to 18 years in prison
for the joint murder of their daughter Asunta.
Both the High Court of Justice of Galicia and the Supreme Court
ratified the sentence.
They considered all the judged facts to be proven,
except for the fact of Alfonso being in the house in Montouto.
After several failed attempts, Rosario Porto committed suicide
in the prison of Brieva, Ávila, on November 18th, 2020.
Until then, she continued to publish an obituary in the newspaper
in honor of her daughter every year.
Alfonso Basterra will remain in prison until the year 2031.
He has stated he will serve his sentence to the last day
as proof of his innocence.
ASUNTA YONG FANG BASTERRA PORTO (2000 - 2013)
Based on a true story.
Parts are fictionalized for privacy and narrative pace.
Subtitle translation by: Felipe M.