The SDPD homicide detective testified that Gianni and Ilona smoked heroin. Presumably Sal did too before he got sober. Sal was only sober for three months. He traveled to Oregon and stayed with a family member to detox, so IMO the Belvedere family knew all three of them were drug addicts all along.
I don't believe the prosecution has a clear cut motive. They are not sure if CL was a stalker of Ilona or a hired gun. More info from his computer is expected Wednesday and may point toward a motive. It appears the motive remains unclear.
The detective testified that Mario Donato, the restaurant family member, was the last person to talk to Gianni on his cell phone between 11:33pm and 11:43pm. At that time, the phone goes dead and shortly thereafter the phone got shut off. I assume Gianni was killed at that point in time, but that is speculation. However, Gianni's body was found clothed in the same clothing he is seen wearing on ATM surveillance video from the evening of Dec. 23.
At 12:12am, Ilona left work with a female coworker and her coworker's boyfriend. As Ilona walked away from the couple, the boyfriend observed Ilona on a cell phone. He saw a guy in a black sweatshirt and tan pants walk up to Ilona and ask her directions to a restaurant in the mall. She pointed in the direction of the restaurant but the man continued to follow Ilona from a distance as she exited the mall.
Surveillance video also shows the male loitering near the Tilted Kilt bar in the mall around 11:18pm. He then walks away. He returns again at about 12:22am and can be seen exiting the mall about 20 feet behind Ilona, according to a search warrant unsealed today.
The man seen talking to Ilona, and the man in the surveillance video, match the description given by two witnesses, who told police they saw a man in the parking lot walking away from the shooting scene of Sal and Ilona. Days later, as reported by MSM, these witnesses called police back to report they thought the guy in the parking lot was Gianni, based on a photo of Gianni they saw on TV news.
Ilona called 911 at 1:14am.
Prosecutors believe four shots were fired at Sal and Ilona. Three casings were found inside the vehicle, which belonged to Leonard Belvedere, the father of the brothers. Police believe the 4th bullet casing was the single shot at Sal through the passenger window and that casing fell on the pavement outside the vehicle. That casing was never found. Police believe the killer picked up that one casing. They also believe the killer took off with the keys to Sal's (father's) car and Sal's cell phone.
One of the casings police found inside the vehicle tested positive for DNA from the father, LB. Prosecutors believe that DNA was transferred to the casing as it flew out of the gun and hit the inside of LB's vehicle. However, the defense attorney believes LB actually touched this .22 caliber casing at some point in time. LB owns a .22 caliber rifle, CM owned the murder weapon, a .22 caliber Ruger handgun, according to court testimony today.
CM is linked to the crime by:
- his handgun found in his vehicle was the murder weapon.
- his DNA is on duct tape and an air freshener can found in the trunk of Gianni's car with the body.
- his DNA is found on the gas cap of Gianni's vehicle, as if he filled the car with gas at some point over the course of the month the vehicle was missing.
- similar duct tape is found in his Mira Mesa home.
- tan pants and a blue stripped sweat shirt were found in CM's home (but the it appears the sweat shirt may be unrelated, according to the DA).
The defense is clearly pointing the finger at Gianni as the killer. The defense is trying to show Gianni is the man walking away from the scene. The defense also asked several questions insinuating that he was suicidal. The defense is also insinuating that somebody else could have put Gianni's body in the trunk of the vehicle after Gianni committed suicide.
Link to unsealed search warrant:
http://www.cbs8.com/story/26424867/new-information-in-christmas-eve-triple-murder