Anyway, despite what seems to be very flimsy evidence that she actually got home... let's move on to the supposed living-room massacre,
The matter that was considered to be proved in items aa), ab), ac), ad), ae), af), ag), ah) ai), aj) al), am), an), ap), aah), aai), aaj) and aam) was based on the deposition of witnesses AA3, CC3, CC4, DD, CC8, II, DD1 , MM and BB1, on the reconstitution files and on the search and apprehension files, as well as on the subsequent forensic exam, all interpreted under the light of the rules of experience.
Witness AA3, at around 8.30/8.40 p.m., saw CC [Joana Cipriano] walking up the stairs near the market, into the direction of her home, with a bag, a sign that she was returning from shopping (and we know that she did the shopping, from the deposition of witness NN). This witness, who was smoking at the window, stayed at the window for some time and verified that there was no movement on location, nor did she see any cars, or heard any screams. This means that, according to the rules of experience, and given the fact that the route is short, what is normal is that the minor returned home. And there is no doubt that CC arrived at home and that it was then that the arguidos hit her. Such is clear from the reconstitution file that has been appended to the process at pages 273 and following, namely from the photographs on pages 282, 284, 285, 286 , 287, 291 and 292, with the contents of said reconstitution file being confirmed by inspectors CC3 and CC4, who were present during the event and described the actions that were practised by arguido AA [João Cipriano] during said reconstitution.
In that reconstitution, the arguido exemplifies the slaps that he gave CC in the face, the spot where she hit her head, another spot where she hit her head following the aggression from the mother, he showed how the minor bled from the nose, temple and mouth, exemplified the minor’s fall, how they verified that the minor was effectively dead and how the co-arguida BB [Leonor Cipriano] proceeded to clean the blood spots, with the help of a bucket and a mop.
On the other hand, the actions that are part of the reconstitution act are compatible with the blood traces that were collected in the living room (it should be noted that the reconstitution takes place in the living room), as a result of the search and apprehension act that was carried out on the 22th of September 2004 (cfr. pages 173 and 233 and following), which mentions that traces were collected on the floor, near the entrance door, inside and outside, near the interior electrical switch on the right hand side of the entrance door, near the entrance on the left hand side of the sofa, on a pair of trainers belonging to MM [Leandro] Silva that were located between the sofas, on a mop (handle) and its bucket.
These traces, according to forensics exams, are of human blood and of human and animal blood (cfr. page 235), and although insufficient to establish whom they belong to through the DNA (pages 1780 and following), they reveal that something terrible happened in that living room, something that originated the existence of human blood on the floor and on the walls, which was cleaned with a mop and a bucket; the blood that was on the mop was located on the handle, revealing that the person who used the mop had in turn his or her hands dirty with blood. Therefore, the traces that were collected in the living room reinforce the reliability of the reconstitution.
