Frank DiBenedetto, Louis Costa and Paul Tanso were convicted of first degree murder and are now using 2005 DNA evidence, unavailable at the time of the first two trials, to appeal for a new trial. DNA from the blood evidence found on DiBenedetto’s sneaker showed it was not from either victim.
DiBenedetto and Costa argued that the murders were committed by other mob associates and that the multiple point-blank shootings would have left blood splatter on the shooters. The SJC did not order a new trial, but remanded the case back to Superior Court for consideration.
From the facts of the case:
Around 9:30 P.M. on February 19, 1986, police found the bodies of the victims, Chiuchiolo and Bottari, in Slye Park in the North End section of Boston. The bodies were surrounded by blood and multiple spent bullet casings. Chiuchiolo had been shot seven times, five times in the head, and Bottari had been shot sixteen times, six times in the head.
Universal Hub provides the complete ruling here.