The judgment, in fact, has failed to consider that, almost always, Rudy entered buildings by breaking a window reachable only after a climb, leaving behind him a general state of confusion (clothes scattered on the floor, use of the bathroom, consumption of beverages found inside the buildings) and with the availability of a knife. This last fact - which assumes a fundamental importance in relation to the murder in Via della Pergola - was inexplicably ignored by the motivations, which merely mentions it.
In reality, both in the case of the theft from the nursery in Milan, and in that perpetrated at the home of Christian Tramontano, Rudy was carrying a knife: a knife used to threaten, in the case of Tramontano, to make sure he was able to get away, and in the case of Milan, taken from the kitchen.
Also the consumption of beverages and the use of the bathroom represents a common element between these episodes. The witness Brocchi, heard at the hearing of 26 June 2009, stated: "I noticed that this person or persons who had broken into the office had also drunk some drinks that were present in a cabinet" (p. 16 transcript); and also the witness Palazzoli, at the same hearing, reported "Yes, I remember that there was a bottle of orange juice left, if I remember correctly, in the trainees' room (p. 37 transcript 26 June 2009). And also it is likely that the bathroom was used (Palazzoli: "the light had been left on in the office bathroom" p. 35 transcript of the hearing on 26 June 2009).
On her part the witness Tittoni Del Prato, manager and owner of the nursery school in Milan, reported that the bathroom was dirty with urine: "I remember finding pipi in the children's toilet" (p.22, transcript hearing 27 June 2009).
