The Asunta Case (2024) s01e06 Episode Script
The Trial
1
[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.
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?
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 COUR
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]
[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.
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?
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 COUR
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]