9. 2. Data as Facts not proved:
1- That the accused BB, in the course of her life, has not been able to provide their children with basic care, holding them back;
2- That the HH, son of the suspect BB, has been rescued by neighbours;
3- That the accused BB put to her daughter CC to disinterest and would be working, forcing her to carry out the tasks that were homemade should play but that was negligible;
4- That the accused BB had abandoned the CC, as it had already done to the other sons.
5- That the second time in which the suspect BB gave the CC to the father, she was about 3 years of age;
6- That CC was the source of discussion between her mother, the defendant BB, and the stepfather II, reaching to the point of being threatened to be put outside the house;
7- What about the 20 h that day 12 September, when the two defendants if they were alone, they have decided to keep the same sexual relations among themselves, being that the minor children of the BB did not constitute impediment to such an act, because that if they were to sleep in a room, already the CC could not watch such acts;
8- That when the CC went out of the house, the defendants have begun to maintain relations among themselves of copulation, in sofa of baggage and that even if they could find to maintain sexual relations when CC returned home;
9- What to see what the mother and uncle were doing, as soon as the smallest CC has said that he would tell the stepfather that they were "doing things wrong", tried to get out of the house;
10- That the defendants have raised the sofa, directing it toward CC, aiming to prevent her from denouncing the II which she had witnessed;
11- That the side of the head with which the CC it foundered on the corner of the wall has been the left and that the wall in question was located near the port of entry;
12- That the CC has tried to flee from home, being then pulled into by the defendant AA;
13- That the CC has leaving prints Palms and face on the walls, either on the outer side, either inside, along the port of entry into the house;
14- That the defendants have placed the body of CCr, wrapped up in a duvet, in a corner of one of the rooms of the house, in a place that was not visible to anyone who might come, in order to then decide the fate that would become her;
15- That the accused BB has used washing detergent and bleach in the wall and the floor where there were signs of blood of CC;
16- That the defendant AA has time to have a beer with the II and the MM, in "Pastries ... ", to delay the return of the same home;
17- That the defendants, have thought of putting the body Cc inside of a pit located near the house, by which the defendant AA if he went to the site, would have found that this would not be possible for the cover of the said pit being partially cemented, who informed the suspect BB;
18- What to do with the tools that the defendants cut the body CC had black handle;
19- That the defendants had placed the body of the CC on the floor of the room, on top of a sheet;
20- That the defendants have given a node in opening of bags that contained the torso and legs;
21- That the defendants have actually placed the three sacks in three bays of the ark refrigeration;
22- That the defendants had changed clothes and had dressed and the suspect BB, one more time that night, has washed the blood that had been on the ground.
23- That on the evening of September 12 the suspect BB invokes the 'disappearance' of CC before the people that was (exception made to II, MM and NN who spoke at that 'disappearance' );
24- That the bag that the defendants took at the end of the night of September 13 had contained the instruments used in cutting the body ;
25- WHICH, however, have begun to emerge ticks in the house, given the activity mentioned;
26- Who, already after prey, the suspect BB has, on several occasions, attributed to the co-accused AA full responsibility by the facts, as well as has also attributed to MM, in addition to having mentioned have been the body placed in the car intended to be pressed in Spain, or in multiple locations that was indicated;
27- That the defendant AA, in 1 interrogation, has indicated to be the body of the CC beneath a bridge, which connects to the Mexilhoeira Da Figueira, the opposite side that had initially indicated, and that, then, was indicated as her brother having transported the body;
28- That the defendants had acted only with the view that CC does not reveal the stepfather what she had seen;
29- That the CC it depended on the defendant AA.
10. Motivation of the conviction the court of jury
The fixing of proven facts and not tested it was based on a whole of the evidence produced at trial hearing and in accordance with the free conviction that the court was formed about the same (always bearing in mind the rules of experience), given to expert evidence, oral and documentary that was produced and assessing-if, on this, the reason of science and the exemption of each one of the testimonies provided.
7.1.2002 ...
The defendants chose not to provide statements.
None of the witnesses surveyed said they had seen the punishable acts, although some have reported important facts for the conviction of the Court.
