Attempted murder in Cusano: The Naples preliminary investigations court grants house arrest to Nicolò Palermo.

The Naples Court of Review has ordered the release of Nicolò Palermo, 19, from Benevento, replacing his pre-trial detention with house arrest at his home in the capital of Sannio. The order, issued today, accepts the defense arguments presented by Vittorio Fucci and Francesco Altieri, lawyers representing the young man accused of the attempted aggravated murder of Gaetano Cusano, 17, from Vitulano, a civil party represented by Antonio Leone.

The Review Court's decision and the path to the Supreme Court

The release comes at the end of a long and controversial legal battle that saw the Supreme Court of Cassation repeatedly rule in Palermo's favor. Last July, the Supreme Court granted the defense's appeal, overturning the decision of the Naples Review Court that upheld the rejection of the request to revoke or replace the precautionary measure ordered by the Benevento Court.

This is the second annulment "in matters of personal freedom" ordered by the Supreme Court of Cassation against the 19-year-old: last February, again upon appeal by Fucci and Altieri, the Supreme Court had annulled a previous order from the Naples Review Court that upheld the precautionary custody order issued by the Benevento investigating judge.

Furthermore, in March 2026, the Court of Cassation annulled without referral the order to seize Palermo's cell phone, marking the third favorable decision for the young man in the precautionary proceedings.

The facts: the punitive expedition outside the "Xuè" club

The arrest warrant stems from events that occurred on the night between October 4 and 5, 2025. According to the prosecution's reconstruction, four cars—an Alfa Romeo Mito, two Fiat Pandas, and a Grande Punto—carried a group of youths from Benevento headed to the "Xuè" club in Montesarchio to attack a rival group from the Vitulanese Valley.

Once on site, the attackers allegedly attacked two boys, committing acts likely to cause Gaetano Cusano's death: the young man was beaten with kicks and punches and hit on the head with a baseball bat, suffering very serious injuries that left him in a coma.

According to the prosecution's theory, Nicolò Palermo immobilized Cusano by squeezing his hands around his neck using the so-called "tie-holding" method, thus allowing his alleged accomplices to abuse the victim's body. Investigators' reconstruction is based on video surveillance footage, analysis of phone records, and witness statements.

The ongoing trial and other releases

In parallel with the precautionary proceedings, the summary trial is underway before the Court of Benevento against the first four arrested – Nicolò Palermo, Antonio Ianaro, Donato D'Agostino, and Osvaldo Masone – accused of complicity in the attempted murder of Cusano.

In recent months, the scope of precautionary measures has gradually been scaled down: after the release of Kevin Bozzi and Francesco Zollo, in June house arrest was also granted to Francesco Mazzone, 21, from Ceppaloni, and Simone Coppola, 23, from Calvi, both of whom were also placed under electronic bracelets.

In addition to the five accused of complicity in the attempted murder of Gaetano Cusano, there are other defendants accused of aggravated assault against Antonio Mazzarelli, an 18-year-old from Foglianise, who was injured in the same attack.

Palermo's position after the measure

With today's ruling, Nicolò Palermo is released from prison and will return to Benevento, where he will serve house arrest pending the next phase of the trial. The defense has achieved further success after repeated interventions by the Supreme Court, while the civil plaintiff, represented by attorney Antonio Leone, continues its legal process to obtain justice for the very serious injuries suffered by Gaetano Cusano.