[female voice] Okay, come on, girls. Places. One, two, three, and…
BASED ON A TRUE STORY
[upbeat cabaret music playing]
[inaudible]
[music fades]
[cheering, applause]
-[door opening] -[Rosario] Alfonso…
[Alfonso] Go to Italy and say that pasta isn't Italian.
-On the menu it says… -Don't you remember our trip to Sofía?
-Uh, you're so annoying, Alfonso! -I'm just saying.
-It says "Greek recipe." -[Alfonso] Well, I mean…
[Asunta] Good night.
-[Alfonso] It's not bedtime. -[Rosario] What you mean?
[Alfonso] Take a shower, you're not going to bed all sweaty like that.
-[Asunta yawns] -[Alfonso] Hey!
-Can't I shower in the morning? -Hurry.
-Before I forget. Come here. -[Rosario] Asunta…
We didn't take a photo all night.
Charo, Charo. Let's use your phone, mine's ancient.
-We need a picture to remember tonight. -But I look horrible now.
[Alfonso] Your big night. So we remember…
-how great you were. -[groans] I'm so tired.
-[Rosario] Just one minute… -[Alfonso] I got it.
-[pretend snoring] -[Alfonso] Sweetie…
don't say you look horrible, you look beautiful.
-Look up here. -[Rosario] Look.
-[Alfonso] Hey. -[shutter clicking]
-[Rosario] Adorable. Asunta, please stop! -[Alfonso] Asunta, sit up, okay.
Just one. Just one, come on!
-[Rosario] What's with this face? Please. -[Alfonso] She's being a clown.
-[shutter clicking] -[Asunta mocking]
-[Rosario] Don't get fresh. -[Alfonso] She's gonna be a brat.
You ask for one photo and look how she starts behaving.
[Rosario] Asunta, please.
-[groans] Let me go to bed. -[Alfonso groans mockingly]
-[Rosario] Are you that tired? Seriously? -I feel exhausted.
[Asunta] Can I go now?
-One more minute, Asunta. -One more.
[ominous music playing]
THE ASUNTA CASE
[Garrido] Well, before we start, I'd like to go on the record as saying,
that we think it's very important to acknowledge
that, to our knowledge, several interviews have taken place with you, Your Honor,
that we weren't privy to.
This includes the one with the here present Laura Prieto
and her mother, Ms. Iglesias.
[Malvar] We followed standard procedures.
We believe that "standard procedures" adhere to the Criminal Procedure act,
if I'm not mistaken.
And the interviews that have happened in your office aren't part of what is, um,
uh, considered, um, how should I say it…
It was not appropriate pre-trial diligence in this case.
Well, if you weren't informed sooner,
it's only because there was no reason for the lawyers to be there.
Why meet these people in the first place, counselor?
Well, frankly, I don't see any reason for the investigating judge to do so either.
If there was some record of said interview,
a written record of what transpired in your office,
-or a recording of the interview… -But you're here now,
or will you argue that as well?
Of course I am. This will all be done with transparency and on the record,
but this morning I discovered this witness's secret meeting,
and my clients' right to a defense has been violated.
The real problem, Your Honor,
isn't just that this has happened numerous times in this case,
but that we only heard about them by chance, through the press!
-Once again, through the press! -[Malvar] Wait.
Hold on, I have to say that at this point, it's, honestly, beyond unacceptable.
Ms. Garrido, may I ask if that's an accusation?
No. Nobody said that.
-If you think that about yourself… -I just misinterpreted your words.
[Garrido] Well, then, I have to ask, please stop misinterpreting what I say.
The only thing I've said is that I've always respected Your Honor's decisions.
And if I had to oppose them, I did so legally and appropriately.
I never went to the press.
Any official comment I've made was done so during these proceedings.
My thoughts on the case have stayed within these walls,
and everything I've said here is on the record.
I see, I see, I see, Ma'am, I see.
-[clicks pen] -[Malvar] Anything else?
No, Your Honor.
[Malvar] May we start?
We may.
Good afternoon, Laura. Apologies.
Um…
I suppose, after what you just heard, you already know why you're here, right?
[Malvar] Hm? Okay.
The girl says she came from here.
A sporting goods store on General Pardiñas Street.
Her testimony puts Alfonso and Asunta at this crosswalk.
Why would they be there?
Maybe walking to the park, but she went this way.
She has to be on one of these cameras.
If they went over here, the only camera we have is at Sabadell Bank.
Pull it up!
[tense music playing]
[Molina] That's Rosario heading to the garage before picking up the girl.
[Ríos] Fast forward.
-If it was here, they didn't catch 'em. -Stop there.
-[Molina] Why? -C'mon! Do I have to pay you to watch it?
Play it.
[Ríos] Stop. Stop there. Back it up.
[keyboard clicks]
[ominous music playing]
[Ríos] This was 6:24 p.m.
Rios. What the hell?
-What? -You didn't even call.
-Call? -Yeah.
This morning was crazy.
My head's going to explode, so you better have good news, all right.
-[Cristina] Pfff… -And it's your fault you're late.
[Ríos] That's her.
That's Laura Prieto.
The witness who claims she saw Alfonso and the girl walking on September 21st.
As you see, she's with her boyfriend and holding the bag from the sports shop.
Which only adds to the credibility of her testimony and her mother's.
She saw Four eyes and Asunta on the day she died.
-[Cristina] Yes. -[Ríos] Yeah.
It was that day.
But we compared the timestamps of the recordings to the other cameras
and we might have a problem. Look.
This camera is a 30-second walking distance from the crosswalk
where Laura Prieto saw Alfonso Basterra with Asunta.
-The time is 6:24 p.m. -Mhm. [clears throat]
-[Cristina] And this camera. -[Ríos] 6:21 p.m.
La Galuresa, where Rosario passed by with the girl.
-Just three minutes earlier. -[pill fizzing in water]
[Cristina] Your Honor, it's a five-minute drive between these points.
If the defense wants to use this camera…
[Pedro] They could say there's no way Laura could've seen
Alfonso and Asunta walking together.
-[Ríos] And then we'd have a problem. -No!
I believe we'd have a timeframe open to interpretation.
[Malvar] What happened between X and Y. Right?
This recording is part of the investigation.
If they find it,
and they think they can make use of it, that's their right.
If they find it.
[Malvar] Hm? [clears throat]
[Pedro] Luis, if I can't prove
that Alfonso was involved as well, I'm screwed.
The whole case could fall apart.
How could Rosario do this on her own?
There's no way she could've lifted the body
from the upstairs bedroom to the car.
Don't miss the forest through the trees, Pedro.
Those cameras are only one part of what we have on him, they won't matter.
Remember that she stayed at his place when she had those dizzy spells in class.
You heard that girl.
A jury will take her word, don't you worry.
Okay. You might be sure.
But it's me who's arguing all of this at trial.
Tell me who you'd trust? That young girl, or, or Alfonso Basterra?
Huh?
[Pedro] Luis…
[car door unlocks]
Remember, not everyone knows what we know about him.
[groans]
[computer keys clacking]
[pings]
-[line ringing] -[rattling]
[Malvar tuts, sighs]
Pop.
Why aren't you asleep?
The Arteixo leaves at 2:00 a.m. And the captain waits for no one.
[Malvar] Right, right.
The Arteixo is leaving at 2:00 a.m. And the captain waits for no one, son.
-You have no idea. -[line ringing]
Yeah, I know it's a bit late. Apologies. Check your email, please.
-[Eloy] You better wise up, son! -Hey, pop. Pop, please. I'm--
[Eloy] You never listen to me, one day you'll learn.
Mr. lone wolf.
I thought you needed help with your book about the case?
[Eloy] He waits for no one.
Let's meet for coffee tomorrow morning.
[Eloy] It's like I don't exist…
It's true. Same old crap.
-Hurry. The Arteixo leaves at 2:00. -Dad.
-Dad… -And the captain waits for no one, son.
Yes, yes. Don't worry. We won't miss the ship.
-Get up. Time for bed. -[Eloy groans]
-You'll see. Huh? He waits for no one. -No one. You're right.
[Eloy chuckles softly]
[birds chirping]
Hmph.
Getting up early must be hard for you artists, huh?
[woman] Apologies. We didn't wrap things up until late last night.
I had to bite my tongue on air.
That was your choice.
[woman] Where did those photos come from?
Her parents had them on their phones.
Guess what forensics said about them?
"That poor girl is completely sedated."
[woman] Why would parents want to drug their child?
When we initially did a sweep through Alfonso's room,
the place was a mess and some shorts were next to his bed.
[woman] You should see my house some nights.
Mhm. Using the black light from forensics,
some stains appeared.
The world is a lonely place. Those shorts belong to him, right?
What about the girl's leggings draped across his bedside table,
were they his as well?
Not to mention the fluorescent dots that were splattered on the bedroom walls.
You're aware that if I write this, he'll be crucified.
To be honest in your writing, Paula, you need to know about the investigation.
You need to hear it from those who were there.
[ominous music playing]
[TV reporter] Some photos of Asunta have been found.
In one of them, she's wearing her ballet clothes.
With tights, a top, wearing make-up, like an adult.
Some people say her poses are a bit sexy or erotic.
Not appropriate for her age.
You are watching the original report.
-This program decided… -[loud thud]
[menacing music playing]
[TV report continues]
[breathes shakily]
[tense music playing]
[Rosario] They're saying we're guilty before they've even set the trial date.
Did you hear what they say about the photographs?
[Juanjo] They're trying to draw a wedge between you.
To turn you against each other.
Those photos are just mere speculation.
There's not a judge alive that would be swayed by them,
much less admit those as evidence.
[Rosario] A judge won't, but what about a jury of my peers?
[Juanjo] Don't worry, we're going to prove your innocence at trial, Rosario.
We'll refute everything they present against you. Hm?
It's so unfair, Juanjo.
It's unfair, I need to get out of here.
-And soon. -We're asking for release on probation,
and we're going to get it.
Until then, be patient.
For Malvar, every day you spend in here
makes you appear more guilty to the public.
He'll drag it out as long as possible.
No more, please, Juanjo. I won't make it.
I want to die. I'm not going to make it.
[Juanjo] There's no reason why they won't approve your probation before trial.
After all, the evidence they have is speculative at best.
You'll be out in a few days. Trust me, okay.
[somber music playing]
[seagulls squawking]
[church bell tolls]
TWO YEARS LATER
That's enough, you're too kind, Ruben.
[Ruben] I'll put in two more, on the house, Marisa.
It's just that I have my two grandkids visiting.
-They eat more than me. -[Ruben] We don't have any children.
But our fifteen-year-old nephew's stomach is a bottomless pit.
-[Marisa] But it's wonderful having kids. -They're also exhausting.
At our age, we're just glad to make enough to live a good life.
[Marisa] Thank God for that.
I'm gonna need your autograph. It's certified.
[Ruben] Ah, great, another fine!
-It's from the Provincial Court. -[Ruben] Which one?
[paper rustling]
-It'll be dumb luck, isn't that right? -[woman] What?
It seems I won the lottery.
Good morning.
-[Garrido, Pedro] Good morning. -[Juanjo] Uh, good morning, um…
Your Honor, with your permission, um, before we get started, uh,
my co-council on the defense and I would like to give you fair warning
of the overwhelming prejudices that I'm almost certain we're about to witness.
[Llanos] So what, you want to recuse all the candidates?
-Well. -I mean, Your Honor,
the main issue is that due to the coverage of this
and the overt and improper involvement of our media conglomerates,
there's not a person in all of Spain that hasn't already formed their own prejudices
in respect to the guilt or innocence of the defendants.
Listen, counselors.
This matter was already resolved in the appeal process.
You're allowed to recuse four members, if you so desire. Understood?
Very well. It's time to start the interviews.
[Pedro] Do you understand the responsibility
of being a member of the jury?
[man 1] I do.
I don't think anyone enjoys having that responsibility.
But that girl deserves justice.
No, I've never heard of Rosario Porto.
-Are you sure? -Absolutely.
[Juanjo] Do you think that someone can love an adopted child
the same way they do a biological one?
[puffs] That's tough.
Because my kids are mine, right?
I mean, they came from me.
[Juanjo] So you're familiar with the case we're talking about?
-What kind of question's that? -Excuse me?
We're on the edge of our seats, how could I not know?
Of course I do.
Everyone knows about it, right?
[man 2] Oh, the Chinese girl.
Obviously, yes, yes. Of course, of course.
Yes, yes. I guess I do know about her.
I mean, no, there's no way I could hurt my children.
[Pedro] When it comes time to cast a verdict, can you be decisive?
I'm pretty sure I'd need to deliberate. [chuckles]
But, well, yeah. Yeah, yeah, yeah. I suppose I could.
I mean, only if I'm sure.
Because, in the end…
it's a responsibility I take seriously.
[Juanjo] As you should.
I do.
I'd have trouble sleeping knowing my decision sent someone to prison
for a crime they didn't commit.
When deciding a verdict, you should have a clear conscience.
[tense music playing]
Okay. The trial starts tomorrow morning.
Don't be late, that's all I ask of you.
Here, in the Provincial Court in Santiago,
the much-anticipated trial for the well-known Asunta Case is starting.
[shutters clicking]
A jury will determine if Rosario Porto and Alfonso Basterra are guilty
of murdering their daughter, Asunta Yong Fong Basterra Porto.
The trial is scheduled for 24 days.
But, considering the public outcry about the parents' guilt,
it might be resolved earlier.
If that's true, we might finally get the answers to the questions we all have:
Why did they do it?
How could these parents murder their own child?
[reporter] What is your approach?
Are they moving forward with a joint defense?
Do they have a chance?
We believe in the innocence of Rosario Porto and Alfonso Basterra.
Despite all of the biased leaks about our clients
that have been repeated time and time again by the press.
These stories have tried to sentence our clients
before they even had a chance to receive a fair trial.
Have a nice day.
-Why were they giving her pills? -No comment.
-Thank you. Excuse me. -What do you have to say about…
[Juanjo] Thank you, have a good day.
[reporters shouting questions]
[hushed chatter]
[shutters clicking]
[tense music playing]
[shutters continue clicking]
[handcuffs jangling]
[inaudible]
[tense music continues]
[handcuffs unfastening]
Hello, Rosario.
Stay calm.
[music fades]
[bangs gavel]
[clears throat]
Before a jury of their peers, the Attorney General's office,
the defendants, Rosario Porto Ortega, Alfonso Basterra Camporro,
and their defense team,
I hereby declare the start of the trial
for the murder of Asunta Yong Fang Basterra Porto.
[somber music playing]
[Pedro] Ms. Porto, according to the record,
on the initial visit to the house in Montouto
the night your daughter was murdered,
the officer who was with you found you next to a wastebasket,
on the way to the bathroom.
[Rosario] In the master bathroom, yes.
[Pedro] Did you touch the wastebasket?
-No, of course not. -[Pedro] Are you sure?
[Rosario] I never touched it.
Um, I just needed to go to the bathroom.
-[Pedro] And did you? -I think they made me wait.
[Pedro] Okay.
In the wastebasket, they found a strand of orange twine.
-Is that right? -[Rosario] Mm-hmm.
Next picture, please.
[crowd gasps]
[Pedro] Ms. Porto, what do you use that twine for in your house?
[hushed chatter]
Um…
I assumed that my gardeners used it.
To tend to the garden.
[Pedro] Can you please explain to us, if it's used for gardening,
why was the twine found in your bedroom's trash bin?
I don't know. I mean obviously, the gardeners wouldn't go in my room.
I don't know. [sobbing]
Could you please do me a favor? Take that photo down.
[Pedro] Take the photo down.
Thank you.
[Ríos] My partner stayed at the road with forensics, as is standard protocol.
And I went with Rosario and Alfonso to the house in Montouto.
When we entered the home, Rosario switched off the alarm.
Then she told me that she urgently needed to use the bathroom.
She moved to the staircase and began to go upstairs,
so I followed her, naturally.
I soon realized she had gone into a bedroom.
[Pedro] The one with the wastebasket?
Yes. It was beside the toilet in the bathroom.
There's been a lot of discussion about the twine,
but no one talked about how they were cut.
How the end pieces connect on each one of the samples.
Through analysis they found the twine in the wastebasket doesn't fit
the twine found on the road.
The ends don't match. Can you confirm that information?
They are the same type of twine.
Due to the material's composition,
it's impossible to confirm they came from the same twine,
that's why that evidence is irrelevant.
Oh, well, I mean, if it's relevant or not is still up for debate.
Uh, your investigation arrived at this conclusion:
It's not common to find this exact type of twine
in the area near Santiago, Cacheiras, Teo…
Maybe because you didn't look very hard.
With far less resources than you have at the Civil Guard,
I managed to search and produce, in half a day,
three orange twines that fit the other's description exactly.
You didn't find any twine like this during your investigation?
Those twines aren't the same material.
To say they're the same twine, simply because they have orange coloring,
that's false information.
Is it really?
Why were you in such a rush
to close this line of inquiry in your initial investigation, I wonder?
Let me answer that for you.
You didn't investigate because you decided who to blame before you started.
Not through investigation, but at the very beginning.
[Llanos] Refrain from drawing conclusions, counselor.
[Juanjo raps desk lightly]
[tense music playing]
[tense music continues]
[music fades]
THE CAMERA AT THE GAS STATION
[Pedro] I want you to take a good look at this video.
This is the last known camera footage that captures Asunta alive.
Ms. Porto, the night you and your ex-husband
filed a report at the police station,
you told the police you left the girl at the house, doing her homework. Right?
That's what happened.
She was home doing homework alone after we got back from the country.
That's not what you told the police initially.
[Rosario] She told me she was tired.
That she had some Chinese homework she wanted to finish
from one of her teachers, Ms. Wong.
[Pedro] Why not just pick up the swimsuits when you first went to the country house?
Why did you go back again?
Because I had to air out the house.
And…
it takes an hour.
And that time, which route did you use to get there? Th… There's no record.
That time, we took the back roads.
But, uh…
The truth is, I really can't remember the exact way we went at the moment.
[Pedro] You can't remember. Right.
And where did you leave the girl?
I left her somewhere between República Argentina and Puente Castro.
[Pedro] You know what's strange, Ms. Porto?
The story you just told the court cannot be confirmed.
Not one thing you just said in that story.
No cameras, no witnesses, not a single thing. Absolutely nothing.
But we do have a record of your initial statement.
You said the girl wasn't with you in the car.
But as soon as you were told there was a camera,
suddenly, she was.
Ms. Porto, the last time Asunta was seen alive on camera,
she was in your car, you were together,
and the place you're driving to is your property.
Are you sticking to your story?
It's the truth, I swear.
That is the exactly what happened that day.
[ominous music playing]
THE PURCHASES OF LORAZEPAM
[Pedro] Do you recall having bought, on 5th July, 2013,
a box of 50 lorazepam pills
from the Lopez Sierra pharmacy at 23, Rúa Do Hórreo?
Well, I don't remember exact dates, but probably.
I took care of buying Rosario's medication,
um, among other things.
And can you tell us what occurred on 9th, 18th and 23rd July?
You were told by the girl's music teacher that your daughter wasn't feeling well.
Do you remember telling her that the girl was drugged?
No, no. That's not what I said.
When I saw Asunta I said she appeared to be drugged. Okay?
There's a difference, don't know if you can hear it.
[Pedro] Yes, yes.
I remember what it was.
She took an antihistamine medication for her allergies.
Right. Then, how do you explain that the toxicology tests
run on the child postmortem, specifically in an effort to find them,
didn't find any traces of these so-called allergy meds?
They did however find another kind of medication,
amounting to 27 pills of lorazepam.
[Alfonso] Well, I remember Asunta was taking medication for her rhinitis.
Your daughter had a similar explanation.
She told her teacher her parents were giving her a "white powder."
A medication, by the way,
that her own pediatrician denies having prescribed.
Tell me something, Mr. Basterra,
would you describe this as normal?
That a person gets 150 pills of lorazepam? In ten days?
It was an extremely difficult time for Rosario.
She was hospitalized and just got out.
She would always forget where she left her phone.
Um, at the time I remember that,
I mean, she was forgetful and would constantly misplace her pills.
Mr. Basterra… [clears throat]
One more question.
Tell us what you did while Asunta was sleeping.
Slept as well.
And nothing more.
[ominous music playing]
[footsteps]
Luis, hey!
I really wish I could've been at the funeral.
Things are, you know, pretty hectic lately.
How are you?
I'm fine.
After a long winter there's always spring. That's what he'd say.
He wasn't himself these past months.
But, that's life, right?
My condolences, Your Honor.
[groans]
What I wouldn't give to be in there just to see their faces, huh?
-Oh, it feels good, I won't lie. -You bet your ass it does.
I left you the perfect case, didn't I?
Be careful, just keep your eye on the ball.
Don't worry, come on, come on, come on.
-[lighter clicks] -I got it.
Are you using those photos?
[ominous music playing]
As you look at these photos, please keep calm.
THE PHOTOS ON THE CELL PHONE
[Pedro] Stop there, please.
Alfonso, will you please look at the image on the screen.
I think Rosario explained that Asunta liked to pretend she was a mummy.
No, Rosario didn't say that.
What Rosario said was, our daughter liked to play dress up.
She gave several examples that I can confirm.
And, excuse me, but, um, why are you keeping this photo up?
Which can be misleading because of the way she's posing.
Why not leave up the previous one?
Why would you keep this one up there, unless you had bad intentions. Hm?
It seems like there's a reason, right?
[Llanos] The prosecutor wanted to ask a question about this photograph.
The photos where the girl is dressed up the night of the cabaret…
-You took them, right? -[Alfonso] No, I don't think so.
They were taken on my wife's phone, I'm almost 100% sure about that.
Because the phone I had at the time had a camera that took terrible pictures.
Another photo, please.
Go back, please.
Thank you.
Is that your hand there?
I assume it is.
Yes. That's my hand.
Can you tell me if it's you taking the photo? At that moment?
I don't know.
I don't remember for certain.
-[Pedro] You don't remember? -No. No. No.
We always had a camera. There are hundreds of photos.
That's why I'm unsure, because, you know, like any parent
I took a lot of photos of our girl.
[Pedro] So what is it then, Mr. Basterra?
Did you take the photos, or was it Rosario?
[tense music playing]
[Garrido] Ms. Porto, um…
The costume, the make-up.
Was this a decision by the school, so all the girls would be matching?
Yes. The girls dressed the same for the performance. The school wanted it.
[Garrido] This was corroborated by a teacher who worked for the school
at the time.
During the investigation,
these photos shown here were discovered on your daughter's cell phone.
Is it true that before your daughter used this phone it belonged to you first?
Yes.
It was mine.
After a while, I decided to upgrade it, so it went to Asunta.
[Garrido] Tell me something, then.
What do you think the reason is
that someone would take photos with alleged dark intentions,
as the prosecutor claims was done here,
with the telephone belonging to the victim?
My honest opinion?
[Garrido] Your honest opinion.
No idea.
Your Honor, do I have permission to say something else about these photos?
Go ahead.
In my opinion, only a dirty mind could look at that
and misinterpret family photographs of a girl dressed up for the school ballet.
I don't understand.
I don't know what the prosecutor is insinuating here.
When even her teacher said that when the girls get home after the ballet,
they all take photos in their costumes.
I don't know if anyone else in the court has children
who participate in festivals or in plays,
but they're very excited when it's over.
No further questions.
[Juanjo] Mr. Miranda,
I want you to pay close attention to the following images.
THE VISIBILITY ON THE ROAD
Please.
[Juanjo] Stop it right there, please. At timestamp 10:17.
That night at 10:17, approximately,
please remind us where you were around this time.
On Saturday, September 21st.
[Miranda] Well, right around that time,
I was walking up that road with my wife, carrying a flashlight.
Then, walking back later, it was around 11:15, 11:20, we passed by there.
We were only two and a half feet away from the spot where they found the girl's body.
When we passed by that night, we didn't see anything.
Mhm. Therefore, you would have seen it,
if the girls body had been there.
Was there enough light?
It was pretty late.
I just told you, I was carrying a flashlight.
[Juanjo] You had a flashlight.
So, if the defendants were at the police station
reporting the disappearance of their daughter
at the same time you passed along the road,
it's impossible for them to have left the body there, right?
Thank you.
Okay, Mr. Miranda… Um…
Do you recall what you said during the investigation?
I mean, I don't really remember the exact words I used then, but still,
I said the same thing as right now.
I'm not all knowing, but I know the body wasn't there.
[Pedro] Ah, let me ask you something else.
Were you chatting with your wife at the time?
[Miranda] Yes, so what?
[Pedro] Well, is it possible, that at that moment,
you weren't paying attention to the side of the road?
[Miranda] Say what you want, but I swear that body wasn't there.
What do you want to hear? That she was there? No, I don't believe she was.
However, the visibility test you did the next day
with the Civil Guard says otherwise.
That time you passed by the T-shirt they placed on the road.
The T-shirt that the officers left at the exact location where they found the body.
Isn't that right?
[tense music playing]
[Garrido] Excuse me, Your Honor, if I may,
I would like to make a formal request.
In order to prove this,
can our jury members here, go themselves to the spot where she was on the road,
to see if the witness is telling the truth about what he saw, in his testimony, uh,
that he could've seen her body.
[Llanos] Denied.
The jury will only evaluate the evidence presented in this courtroom.
The evidence from the preliminary investigation.
[somber music playing]
[Ruben] I'm sick to my stomach.
We're sitting like statues for eight hours.
I don't understand half the words they say.
Well, it won't last forever, just a few days.
And if you don't go, they hold you in contempt of court.
Let's be real, ask me all about oxtail, shank, or round,
but about laws? How am I expected to know all that?
Honey, you're not expected to know about laws.
They expect you to think about what really happened.
Leave that! You'll break our only calculator.
I haven't slept in three days. I don't know where I am half the time.
I can see that girl. Asleep like an angel.
Jesus, Jesus, Jesus. It's burned in my mind.
Do you remember Xurxo?
He veered off the road and drove into the Miño river.
He survived, but his wife got stuck and she drowned in the river.
He leapt out of a window two days after that.
-He was probably drunk out of his mind. -The conscience, honey. It'll get you.
Honestly, it's the one thing that I don't understand.
The parents don't seem burdened.
Of course. Xurxo may have been a drunk, but at least he was normal.
Remember we have dinner with my sister tonight.
[woman] On the one night we go out for dinner?
[Ruben] It won't take long. Then we'll head straight there.
[engages handbrake]
-[engine stops] -[Ruben sighs]
[woman] That's it? That's where they found her?
[flicks switch]
[whispers] What are you doing?
Can you see it or not?
CORRECTIONAL FACILITY
-Tell me what's going on. -I didn't say anything.
You don't have to. You're thinking about the same thing I am.
They're giving us quite the beating.
Well, we still have some opportunities open to us.
We both knew how hard this case would be.
But you couldn't say no?
No. That wasn't an option.
But I hoped there was something else that could help me.
[car door opens]
You think Rosario's hiding something, right?
She can't help you now.
Did you read the report from the psychologist?
The woman's a narcissist. She only cares about self-preservation.
She's not going to tell you anything that might tarnish her reputation and status.
My dear, it's always easy after the fact to come up with these reports.
If those reports were only given to us before a crime was done,
they'd save us an awful lot of trouble. Am I right?
[somber music playing]
[Juanjo] What can we do, Rosario?
The case seems to be getting away from us, I won't lie.
I'm not surprised at all.
What should a member of the jury assume when the defendant lied?
And when you add to that,
she didn't report a murder attempt on her daughter.
Don't tell me you don't trust me.
I need a new angle.
Something to help us prove your innocence in the eyes of the jury.
New information you haven't said yet.
-[Juanjo] Anything. -I'm sorry, there's nothing more.
There's nothing more.
Think carefully, Rosario.
Think carefully, because you may not get another opportunity.
Time's almost up.
Think hard.
Maybe it's not something about you.
I don't know, maybe it's something about Alfonso.
[gasps] Alfonso made this so bad.
[sobbing] This was his fault, not mine.
This shouldn't have gone like this.
I only wanted to be happy. [crying]
That's all I really wanted, Juanjo.
But I still don't know why you say it's Alfonso's fault, I don't know.
I don't know.
[breathing shakily]
[Juanjo] All right.
In that case, we'll move forward with the joint defense.
We have no other choice.
You'll stay together.
Until the very end.
[suspenseful music playing]
[Juanjo leaving]
-[buzzer sounds] -[breathes deeply]
[sobbing]
Are we leaving?
I've asked for five minutes.
Your ex-wife is dragging you down with her.
If it continues, I won't be able to help.
Do you want 20 years in prison?
-Of course not. -[Garrido] Okay.
Then we can't go on with a joint defense.
More options open up for us if you're on your own.
But it doesn't depend on me, it's your choice.
Nothing will change the fact that my daughter's gone.
No.
No, no, Alfonso. You're right.
Asunta isn't coming back. That's true.
That's not all,
neither are the two years you were locked up, and the twenty more they'll ask for.
Today, they'll try to convince those people
that you accompanied her and the girl to Montouto.
Did you know they have a witness?
I never went to the country house.
But why are you still covering for her?
Rosario didn't murder Asunta.
And I'm never going to say otherwise.
[Garrido] Tell me why you insist on doing this.
I can't wrap my head around it!
-She's my wife. -No, no.
No, she hasn't been your wife since she left your daughter at home
to be with another man.
What is this? What, what? Pride?
What are you trying to prove? That you're above everything and everyone?
With what they have already, I promise you're not getting out of this prison.
Even if we convince them that this girl didn't see you on the street that day.
Bare minimum, can we be a little realistic?
Let's go out there and say that, that Rosario got nervous,
-that she called you and… -There's no way I'm lying to them.
Your silence is a guilty charge.
Tell me something.
Could you live with yourself knowing
the person you shared your life with killed your daughter?
I don't know.
Honestly, Alfonso, it's an impossible question.
But I've done this for years.
The innocent ones don't want to rot in jail, never,
and that's what I don't like about this.
Okay.
What do you think?
Tell me the truth.
The same thing everyone else will.
You're hiding a dark truth, something worse than her death.
[Pedro] Do you remember what you did on the afternoon of September 21st?
THE TELEPHONE RECORDS
[Alfonso] I spent the afternoon doing something I love: reading.
A book, of course.
And, how long did you stay home?
Well, until, uh, 9:30, or 9:45 p.m.
I stayed in all night.
[Pedro] Tell me something.
Does your apartment have good cell phone reception?
I mean, yeah, it's normal.
The same as in town, you know.
-Why is that important. -[Pedro] Don't worry, I'll tell you why.
Explain how it's possible that your phone emitted no signal
between 3:00 in the afternoon and 8:43 that evening?
Maybe you kept your phone off because you planned on disappearing?
No, excuse me. My cellphone wasn't completely off.
I don't know where you got that from.
[Pedro] So, that afternoon, your phone was on?
It was always on. I remember.
It appears the prosecutor has overlooked what we sent over.
It's his phone's export report.
It says that Alfonso's mobile phone was able to connect
to his house Wi-Fi and operate,
and keep it from being picked up by the city's boosters.
It clearly shows, if his telephone made calls,
then it was only due to his ability to connect to Wi-Fi,
otherwise he couldn't have made those calls at all. Right?
Tell us, did you call anyone with your phone that evening, Mr. Basterra?
Yes, I think I called a couple of people.
One call was to Rosario.
I called up Asunta's cell and the landline over in Montouto.
-A few times, I remember. -[Juanjo] Mhm.
A magic telephone, no doubt, if it can make calls while it's switched off.
[Pedro] Your Honor, that is not the complete truth.
The times those calls were made…
His phone also received a couple of calls that day.
[Llanos] This isn't a talk show.
Please respect everyone's turn to speak.
-Counselor, any further questions? -[Juanjo] No, Your Honor.
[Llanos] Now it's your turn to speak, Ms. Garrido.
I mentioned that you made calls, but also received some calls on that day.
For example, one call was received around 9:36.
From your previous place of residence, on Doctor Teixeiro.
Am I right?
Yes, yes. That's correct.
Is it correct of me to assume the person who was calling in this instance
was Ms. Rosario Porto?
That's correct.
[Garrido] What about?
[Alfonso] She told me that she didn't know where Asunta was,
and asked if she was with me.
[Garrido] Was that all? There wasn't something else?
I told her she wasn't at my house,
and to phone all her friends, their mothers
and if nobody saw her, then go to the police.
[Garrido] Alfonso, that call was five minutes long.
Five minutes.
You're certain that's all you two talked about?
Think carefully, please.
I don't need to think about it.
[dramatic music playing]
[music fades]
Next to the stand is Laura Prieto Iglesias.
[footsteps]
THE FINAL WITNESS
-[Pedro] Hello, Laura. -Hello.
[Pedro] Okay, before we start,
can you tell us your full name and how you knew Asunta?
My name is Laura Prieto Iglesias.
I knew Asunta from our French class at Alianza Francesa.
[Pedro] So, you have no doubt in your mind that you saw Asunta and her father
walking on the street the evening of September 21st?
Yes, I'm sure. I remember, because…
Because they are… recognizable.
[Pedro] So, where and when did that encounter take place?
It was definitely before 7:00 p.m. and after 5:30.
I remember walking down General Pardiñas. They were walking together.
On República del Salvador.
-[Pedro] Where were you coming from? -[Laura] I was buying some new sneakers.
They were trainers.
At the sports shop that's in that neighborhood.
It was up the street.
[Pedro] Thank you.
[Garrido] Hello, Laura.
Look, the attorney is very clear,
that at that time around 5:30 p.m. to about 7 p.m., the times you mentioned,
Asunta was already drugged.
Did you notice anything?
Was she walking strangely when you saw her?
Did you notice anything that caught your attention?
I don't remember seeing anything.
[Garrido] Interesting, Laura, because Asunta, at that time,
had 27 pills of lorazepam in her system.
If she indeed took those 27 pills at Alfonso Basterra's apartment,
like the investigation has stated time and time again,
it begs the question, how is it possible
that in the timeframe you say you saw them, she seemed all right?
She was walking normally? You're sure there was nothing strange? Nothing?
As I said, she looked perfectly fine.
-Nothing strange. -[Garrido] Okay.
And Rosario left the garage at exactly 6:14,
and as you can see here, she passed by the camera at La Galuresa at 6:21.
Can I see the picture of the receipt for the sneakers. It's file 1344b,
as provided by the Civil Guard during the pre-trial,
in the initial investigation. Please.
Thank you very much.
Laura, please read aloud the date and time on the receipt.
The receipt says 21st September, at 6:21 p.m.
[Garrido] At 6:21 p.m.
And considering you left after paying,
and that the exit of the sports store and the crosswalk are only six feet apart,
how did you see Asunta with Alfonso on the street,
if at the exact same time, the prosecutor has them in the car
on their way to Teo, passing by La Galuresa?
[Pedro] I'd like the record to show
that the cash register wasn't connected to the internet,
for that reason, we found it inadmissible.
An example of how this investigation only uses timeframes that support their story.
-[Llanos] Counselor… -They're meticulous…
-Don't make me hold you in contempt. -When it suits their story.
[Llanos] Counselor.
Don't answer the question.
They were walking together.
And I'm sure it was that day.
[Garrido] No further questions, Your Honor.
[Pedro] For the moment, let's set aside Laura Prieto's testimony,
who stated what she saw on that day.
Alfonso Basterra walking with his daughter Asunta on the evening of the murder.
We can also set aside the fact that he had his phone turned off,
his total lack of cooperation during the entire investigation,
and the long list of inconsistencies, lies, and contradictions
that both of them have told us.
It's been proven during this trial that the child
Asunta Yong Fong Basterra Porto was sedated.
She was administered high doses of lorazepam repeatedly
over the last three months of her short life.
And you can see the common denominator here.
The apartment on República Argentina.
Because at the apartment of Mr. Basterra
is where she slept whenever she experienced dizzy spells.
It's in his apartment where she had lunch for the last time,
alongside her mother Rosario Porto.
And yet, the question remains.
Why is Mr. Basterra, with the amount of evidence incriminating his ex-wife,
still refusing to speak against her?
The explanation?
Because they both had their reasons to murder their daughter, Asunta.
Ms. Rosario Porto Ortega,
because she felt overwhelmed by her daughter.
Mr. Alfonso Basterra Camparro,
because he was willing to do everything,
I mean absolutely everything, to get his lost marriage to her back.
And to get her family money.
This crime bonded her to him forever.
[Garrido] The prosecutor talks a lot about evidence.
But, as of today, two years after the death of Asunta,
there is not a single piece of evidence. I'll repeat that.
There's not a single piece of evidence that places my client, Alfonso Basterra
in that house in Montouto,
or on the road where they found Asunta's body.
Members of the jury, what's more, without any physical evidence,
the argument is my client was in two locations at the same time.
The testimony of the prosecutor's witness begs that question,
when Laura Prieto argues that she saw Alfonso walking with Asunta
on that day in September.
How could that be possible,
when out of the 37 security cameras that the officers checked,
not a single camera in that area was able to show Mr. Basterra with his daughter?
My answer. It's as simple as memory.
Laura Prieto really meant it.
She just got the dates all wrong.
Laura Prieto's saying what she thinks she saw.
Because on 21st September 2013,
Alfonso Basterra never left his house.
I repeat. He never left his house.
Why then, is the attorney fixated on my client,
in this whole story without a shred of proof, only implications, and theories?
The prosecutor is trying so hard to make you believe
that it's the defendant's responsibility to prove their alibi.
When, actually, it's the other way around.
In respecting my client's right to a defense,
the prosecution has to show the proof,
the evidence on which the verdict is reached.
Which up to now, they have shown, the proof isn't there.
I want to be clear.
My one hope, would be that you seriously consider the defense I've given here,
and make your judgement based solely on the evidence, without prejudice.
If you deliberate using your reason…
I'll put it in other words,
if you vote knowing you have a… responsibility to be fair to my client,
then I've done my job.
I only ask that you do yours as well.
Thank you very much.
[Juanjo] Ladies and gentlemen of the jury.
The prosecutor has maintained during this trial
an accusation based on inconsistent evidence that doesn't add up.
At other times, mere speculation.
The truth is, there's no incriminating evidence or proof whatsoever
against the defendants, as my colleague has already made clear in her defense.
Not today, and not then, that's the truth.
As many of you probably already know by now,
Rosario Porto is a licensed lawyer.
She has a proven academic background,
in other words, she's an intelligent person.
Do you really think, if she had murdered her own daughter,
she would leave traces behind?
Prints, clues, it was all avoidable.
Like the famous white powder or the orange twine.
That wouldn't make sense at all.
Which brings me to the point.
The person who did this is still out there, unpunished and free.
A criminal who's capable of murdering someone again.
The prosecutor, in collusion with the investigating judge assigned to the case,
he started a campaign to turn a mother into a monster.
Well please, there you have it, a monster, at my side.
Let me ask you what would make a parent do such a thing?
They're parents who gave their daughter the best education possible.
They're parents who supported and loved their child unconditionally.
But they suddenly murder her?
Let me tell you the reason, there's no plausible reason at all.
Consider all of this and analyze all of the facts,
the evidence that has been proven and unproven,
and take your time to deliberate thoroughly
before reaching your verdict.
What's at stake is the freedom and honor of two people who have been incarcerated
for over two years.
Two parents who lost their daughter.
That'll be all. Thank you very much.
[Llanos] Thank you, counselor.
Now that you've heard all the evidence
and the statements from the prosecutor and the defendants,
it's time for you to deliberate.
I wish you all the best of luck.
Make your decision in accordance with the instructions from the court
and with sound moral judgement. Thank you.
[dramatic music playing]
Can we get on with the vote?
[Ruben] If I try to get in the mind of someone who'd kill their own daughter,
this seems far-fetched.
Don't you all agree?
Considering, he left the house, and he's not seen by any cameras.
To avoid the cameras he would've had to have walked much further
and through the city streets.
It was a Saturday afternoon, in Santiago!
At the end of the summer, the streets are jam-packed.
I do deliveries with my van.
At 6:00, everyone's out and about, you know?
And the girl had so many drugs in her then.
In the middle of the street. You're saying nobody noticed?
I don't know.
To me, it doesn't seem premeditated.
We have to assess all the evidence,
and I'm sure we'll all have different opinions.
The important thing is to have, um, some perspective.
[Ruben] Yeah, I'm trying, but I have doubts.
A lot of the proof was like, uh,
"he didn't do this,"
"he didn't do…
well, this other thing," or "he should've done this." Um.
Honestly.
You saw everything that Basterra didn't do for his daughter, right?
He didn't report it.
He didn't want to find out what happened after someone broke in to try to kill her.
He didn't take the kid to the doctor, even though she was dizzy.
Yeah. We all know what we would have done, right?
But we weren't there.
My mother used to say, "what happens at home should be handled at home."
Well, maybe it doesn't mean anything, but…
[juror 1] What would your mother say about Basterra turning his phone off all night?
Maybe she'd think he didn't want to be found.
And remember that whenever he purchased the pills,
the girl had dizzy spells,
and they would happen the day after she stayed at her dad's.
And the times she was on lorazepam match the days
she went over to her father's to have dinner.
[juror 1] You can vote however you want, 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 talk about anything inappropriate. These cells have microphones."
That's what Alphonso said to Rosario.
"Yes, but that horny imagination of yours is going to get us
in a lot of trouble," she answered.
"You didn't have time to do that, right?"
That's what they said?
[juror 2] That's what they said to each other in jail.
[juror 3] You don't talk like that unless you're hiding something.
But we have to remember…
None of these conversations were introduced in the trial, or were they?
Well in that case,
we can't be deliberating on those.
[juror 1] Whether they're part of the trial or not, we all heard them.
I have zero doubts.
Can we get on with the vote?
[tense music playing]
[suspenseful music playing]
[Llanos] The jury's spokesperson may speak.
The jury, unanimously,
finds the defendant Rosario Porto Ortega guilty
of the murder of Asunta Basterra Porto,
without her being able to defend herself.
Likewise, the jury, unanimously finds the defendant Alfonso Basterra Camporro guilty
of the murder of Asunta Basterra Porto,
without her being able to defend herself.
Based on the following facts as found,
Mr. Alfonso Basterra Camporro and Ms. Rosario Porto Ortega,
by mutual agreement…
[Ruben continues speaking indistinctly]
[somber music playing]
-[music fades] -[footsteps]
Good job, you guys.
Next week, we're back at it.
[Pedro] Yeah, I heard you're on the Fiaño case.
Mm-hmm.
JJ…
you must really love difficult cases.
Till next time.
[footsteps departing]
They'll give us the keys any day now,
then we'd have no problem closing up for them.
Rosario…
we knew this was going to be a difficult journey.
I want you to know, we're doing everything we can to get a retrial.
[Rosario] Can I ask you a favor?
[Juanjo] Of course. Anything.
I was thinking I would like to place an obituary in memory of Asunta,
every year, on September 22nd.
Yes, yes, I'll give you the contact of a newspaper…
[Rosario] Can you please take care of it?
Of course.
Can you put…
"I'll love you… forever.
Mommy."
[Juanjo] You can arrange that.
They can't prevent you from doing that, no matter where you are.
They can't deny you that right.
Promise me.
Promise me you'll do it.
Juanjo.
[Juanjo] I promise.
That really means a lot.
[Ríos] Sara. Sara, be careful or you'll fall, okay? Be careful.
That's our job, isn't it?
We gather evidence and others interpret it, right?
-Yeah. -[Ríos] It is what it is.
-It is what it is. -[Ríos] It is.
-Heads up, huh? -Huh?
-[Cristina] There she is. -Tell Mommy "It is what it is." Yeah?
-[Cristina chuckling] Here! -That's right.
This world we've brought you into,
it'll be better than the one we had, won't it?
-You don't want a drink? Water? -[baby] Wawa!
-[Ríos] Water? -I hope so, my girl.
[baby chatters]
-[Cristina] What is it? -Yeah?
[TV reporter] Rosario and Alfonso murdered their daughter.
That is the official verdict from the court today.
It's shocking for us to think of what kind of parent would commit such a crime.
Even now, we're no closer to finding out what really happened to the young girl…
[melancholic music playing]
[melancholic music continues]
[music fades]
ROSARIO PORTO AND ALFONSO BASTERRA WERE SENTENCED TO 18 YEARS IN PRISON
FOR COLLABORATING IN THE MURDER OF THEIR DAUGHTER ASUNTA
[somber music playing]
BOTH THE HIGH COURT OF JUSTICE IN 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 18, 2020.
BEFORE THEN, SHE HAD PLACED AN OBITUARY IN THE NEWSPAPER EVERY YEAR,
IN HONOR OF HER DAUGHTER.
ALFONSO BASTERRA WILL REMAIN IN PRISON UNTIL THE YEAR 2031.
HE HAS DECLARED HE WILL SERVE HIS SENTENCE UNTIL THE LAST DAY
AS PROOF OF HIS INNOCENCE.
[inaudible]
CHARACTERS AND SCENES ARE DRAMATIZED.
POLICE AND COURT STORYLINES ARE ALTERED FOR NARRATIVE FLOW.
[dramatic music playing]
[somber music playing]