Category: Italian system

Friday, December 14, 2012

The Considerable Number Of Suspected Perps That Countries Extradite Daily To Other Countries

Posted by Peter Quennell



[Umarked Federal flying paddy-wagon, seen here leaving Seattle, transports 300,000 prisoners annually ]


Extradition is not without its controversies and not all extradition requests see a suspect sitting on a plane handcuffed to a federal marshal.

However, most do, and the US at federal and state level is at any one time processing hundreds of requests and transporting suspected perps hither and thither - the majority, of course, internally between U.S. states, but a large minority are incoming and outgoing. 

Complete refusals of extradition seem very rare, as that can cause rebound and ripple effects down the ages.

The US is sort of refusing to send some pilots and CIA operatives back to Italy for trial, but those cases are both in the realm of the quasi military. In the case of the Italian soldiers being held in India for the shooting from a oil tanker of Cochin fishermen they suspected were pirates, even Italy says rules for military must be different.

The US and Italy co-operate on law enforcement more than most countries and the FBI and its Italian equivalent have officers from the other service permanently embedded. We posted on this case of Italy sending an American renegade doctor back to Indiana to face charges.

In general extraditions in both directions between the U.S. and Italy seem to go smoothly and if the State Department ever gets involved (it states that this is Justice Department business) we don’t see any evidence of it in recent reports.

These cases - some of them involving countries sending their own nationals to other countries to face the music - are all live cases on the first 10 of 30 pages when “extradition” is searched on Google News.

  • The United States extradites US national David Kramer to Melbourne in Australia. He “has been charged with 10 counts of indecent assault allegedly committed in St Kilda East when he was a teacher at a Jewish orthodox school.”
  • Canada rules to send Canadian national Rapinder (Rob) Sidhu a former Royal Canadian Mounted Police officer to the US. “The U.S. indictment… alleges Sidhu… worked with convicted British Columbia smugglers Rob Shannon and Devron Quast to operate a cocaine transportation organization based in British Columbia.”
  • The UK sends back Joshua Edwards, a murder suspect, to the US after he fought extradition for five years. He is accused in a 2006 shooting death in Maryland.
  • The UK sends back Prine “Prince” Jones to Newark New Jersey. “The 46-year-old Birmingham, England, resident is charged in a superseding indictment with conspiracy to import and export cocaine.”
  • Mexico sends back two brothers to New York City “to join a third brother to face sex trafficking charges in New York as part of a complex collaborative effort to combat human trafficking”.
  • The UK sends back TV star Robert Hughes to Sydney, Australia. ““He is wanted in connection with allegations of gross indecency, indecent assault and sexual assault towards children in NSW, Australia, between August 1984 and August 1990.”
  • Guatamala sends Horst Walther Overdick to New York. “Overdick, known as “The Tiger,” was detained in April during an operation to arrest [very dangerous] Zetas [cartel] operatives in the Central American country.”
  • Finland sends Igor Vassiliev to the US.  “Igor Vassiliev, 38, a Russian citizen, was arrested in July in Finland, based on an Interpol Red Notice. He is only the third person ever extradited from Finland to the U.S….[in 2005] a federal grand jury handed up indictments charging him with health care fraud and conspiracy to commit health care fraud and mail fraud.”
  • The United Arab Emirates sends Kamchybek Kolbaye back to Kyrgyzstan after a two-year legal process. “Kolbayev faces charges of kidnapping, robbery, organization of a criminal group, illegal drug trafficking, and illegal weapons possession,”
  • Israel will send Israeli national Aleksandar Cvetkovic to Bosnia. He was arrested in 2011 “on an international warrant after witnesses testified that he had assisted in the shooting of some 8,000 Muslim men and boys in Europe’s worst atrocity since World War II.”
  • Ireland extradites Philip Baron to Liverpool in England. “Alleged crime gang boss Philip Baron faces four charges relating to money laundering and conspiracy to import a huge shipment of cocaine and cannabis to the UK from South Africa and Costa Rica between 2005 and 2009.”
  • The US may extradite David Headley to India. “CNN-IBN reported US Under Secretary Wendy Sherman as saying, “The US acknowledges Hafiz Saeed is mastermind of 26/11 [Mumbai bomb] attacks. President Barack Obama is determined the US will bring Hafiz Saeed to justice.”
  • The UK will extradite British national Lee Aldhouse to Thailand. “Mr Aldhouse successfully fled Thailand after allegedly stabbing American Deshawn Longfellow to death in August 2010. He was later arrested at Heathrow Airport on an unrelated charge when he tried to re-enter the UK.”
  • Mauritius has sent Captain Kung back to Taiwan. “Kung was suspected of shooting and killing 12 Chinese sailors [in 1999] on his… fishing vessel during a failed mutiny attempt on Feb. 1999. The vessel at the time was sailing on waters northwest of Mauritius…. Kung was later arrested by Mauritius authorities and sentenced to 20 years in prison.”
  • Italy will deport Muiz Trabulsi to Tunisia under an agreements signed by Italy Justice Minister Paola Severino. Muiz Trabulsi is “the nephew of Layla Al-Trablisi, Tunisia’s ex-first lady, to stand trial in Tunisia…. [a part of Tunisia’s eforts] efforts to bring back money stolen by members of the former regime”.
  • Bulgaria extradited Stefan Klenovski to Italy, who “had a Europol Arrest Warrant (EAW) issued against him by Italian authorities on suspicions of participating in the crime ring practicing ATM fraud [and], was arrested on January 27 in a shopping mall in downtown Sofia.”

Two more cases are now prominently in the news: Wikileaks founder Julian Assad, holed up in the Ecuador Embassy in London, who the Brits want to extradite to Sweden, and John McAfee, the formoer software magnate now back in the US, who Belize may charge with murdering his neighbor.

Almost invariably while awaiting a final decision those subject to an extradition request have to sit out their appeals in prison. If Amanda Knox is reconvicted in a new appeal trial ordered by the Supreme Court, she could face years sitting in an uncomfortable American prison if her extradition is disputed.

Or, of course, she could willingly move straight to an Italian prison, which as she knows offer in-cell TV, private bathrooms, good career skill-building, and concerts.


[Below: Paola Severino, Italy’s relentless no—nonsense justice minister]


Thursday, August 16, 2012

An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation

Posted by Machiavelli (Yummi)





1. About Dr Galati

Dr Giovanni Galati is the Procurator General of Perugia, and one of the two magistrates at the highest function currently working in the Region of Umbria.

Until early 2011 he worked in Rome as a Procurator General at the Supreme Court of Cassation in Rome. His life and career had nothing to do with Perugia. A native of Calabria, he spent the last and most important part of his career in Rome, and moved to Perugia only quite recently.

Working as a deputy chief prosecutor at the Supreme Court of Cassation, he developed an expertise as a “cassationist” magistrate. That means specialized in legitimacy issues, and in this role he handled several high profile cases. Among them was the recent one of Salvatore Cuffaro, the former governor of Sicily, now in jail.

Cuffaro was convicted for having favored the mafia and was sentenced to seven years. The governor was found guilty by the appeal court, but Galati impugned the sentencing by the Supreme Court on one specific aspect: while he agreed Cuffaro was guilty, he considered there was only evidence of common crime, while the lower courts failed to provide the legal requirements for proof of the aggravating circumstance of the mafia-related kind of crime.

In Galati’s opinion, Cuffaro was still corrupt and a criminal, and the difference may seem like a minor detail. His conclusion was not to overturn the verdict, but only to reduce the aggravating circumstance and shorten the prison term. Galati made the point and won, the Supreme Court cut one and a half year off Cuffaro’s prison term.

One thing to note is that the majority of Galati’s recourses are appeals in favor of the defendant. The Prosecution General, the office that brings cases to the Supreme Court, deals with procedure and legitimacy issues. Its aim is to ensure consistency and quality of work of the criminal courts.

It does not deal directly with the merit of evidence, but in fact, since the assessment of the evidence is a matter of internal logical consistency and consistency with trial actions, as well as respecting of procedure and of Supreme Court jurisprudence, the scrutiny of the lower court’s process obviously indirectly involves an assessment of the quality of evidence, and on the quality of the lower court’s reasoning on all factual points.

Giancarlo Costagliola was of course the lead prosecutor for the Hellmann-Zanetti appeal.


2. About the appeal

The Galati-Costigliola appeal is a 112-page document, with citations in an appendix to each chapter remanding to trial documents (technically the cited documents have to be considered included in the submission). The Supreme Court of Cassation however will have the entitlement of going through the whole trial documentation.

The Galati-Costagliola Appeal to the Supreme Court immediately looks different in quality and content from the previous court documents that we have seen up to now on the case. As we read it in Italian, it looks well written (except for a few grammar mistakes in the Latin parts) and stylistically homogeneous.

It dedicates extensive parts to the philosophy of law, and it includes several quotes of Supreme Court jurisprudence in the introductory and conclusive chapters.

It is an unusual appeal. Contrary to most appeals submitted by Galati as Procurator General, this one does not raise objections simply on parts of the sentencing, conclusions, or points of reasoning. Instead it attacks the verdict in its entirety. It attacks indeed all logical points and conclusions, including the part about calunnia, for which Knox was found guilty. And it goes even beyond.

Besides disputing the single points on the merit, it contains an explicit and more general attack on the whole appeal court’s approach to the case, against the general quality of their reasoning and their handling of trial and procedure, as well as against even their behavior even before the beginning of the trial discussion. There is an introductory part, and one conclusion part, which are dedicated to this kind of general criticism toward the entirety of the judges’ work.

At the beginning the document presents the summary of the ten reasons for appeal which, in Galati-Costagliola’s opinion, fatally affect the legitimacy of the judgment.

The ten questions of merit are the following:

1.  The illegitimacy of Hellmann’s admission of new expert witnesses (Vecchiotti and Conti). The appointing of new experts violates the code. Galati-Costagliola clearly explains why, using both Supreme Court jurisprudence and Criminal Procedure Code. It addresses and shows the multiple instances of lack of reasoning in Hellmann’s explanations on the point, the “contradictory nature of reasoning” and its “manifest illogicality” in light of the law.


2.  The failure to acquire elements of evidence. Galati-Costagliola focuses specifically on the rejection of witness testimonies, above all 1) the refusal to again hear the witness Aviello, and 2) the refusal of new tests on the knife. These decisions were taken in violation of Articles 190, 238 paragraph 5 and 495 paragraph 2 of the Criminal Procedure Code, and in violation of Article 606 (c) and (d) of the Criminal Procedure Code. There is manifest illogicality of the judgment on the point.


3.  The establishing of the unreliability of the witness Quintavalle. The method declared to assess reliability of the witness violates the jurisprudence of the Supreme Court on the topic, and the insufficient reasoning violates Article 606(b) and (e) of the Criminal Procedure Code.


4.  The establishing of the unreliability of the witness Curatolo. The reasons expressed are illogical, prejudicial, and violate the Criminal Procedure Code.


5.  The claimed timing of the death of Meredith Kercher demonstrates a manifest illogicality in the reasoning, contains an unfounded assessment, and is manifestly in contrast with other court documentation of the case. The internal and external inconsistencies of Hellmann’s statements on the topic constitute a violation of the Criminal Procedure Code.


6.  The genetic investigations: coverage of this topic in Hellmann’s sentencing report demonstrates deficiency in the reasoning, and inconsistency and illogicality [Article 606(e) Criminal Procedure Code]


7.  The analysis of the prints and traces (stains) demonstrates deficiency in the reasoning, and a contradictory nature and illogicality in the reasoning [Article 606(e) Criminal Procedure Code]


8.  The presence of Knox and Sollecito at Via della Pergola on the night of the murder: misrepresentation of the evidence presented is demonstrated and illogicality of the reasoning [Article 606 paragraph 1(e) Criminal Procedure Code]. Violation of procedural rules and illogicality of the reasoning [Article 606 paragraph 1(b) and (e) Criminal Procedure Code] are demonstrated.


9.  The staging of the break-in (simulation of a crime): demonstration of deficiency in the reasoning and manifest illogicality of the same [Article 606(e) Criminal Procedure Code]


10. The exclusion of aggravation in the calunnia offence: the contradictory nature or manifest illogicality of the reasoning is demonstrated, also defects resulting from internal and external inconsistence with the court documents of the case: starting with the declarations by Patrick Diya Lumumba, and those by the accused, Amanda Knox, and the contents of the conversation between the latter and her mother on 10 November 2007 [Article 606(e) last part, Criminal Procedure Code].

However, the ten reasons listed above are not all of Galati-Costagliola’s arguments. Their explanations cover the core (80%) of the Hellmann-Zanetti sentencing document. But even before entering into these reasons on the merit, Galati-Costagliola make a preliminary point, a “premise” to the whole document.

The “premise” takes twenty pages and this alone is telling about the gravity of the criticism Dr Galati is going to make throughout the whole appeal document.  The premise warns the readers (the judges of the Supreme Court) that in fact there is a problem of quality pervading the whole of Hellmann’s and Zanetti’s work which affects deeply their reasoning and conclusions on multiple occasion and in multiple concurring ways.

He makes clear that his criticism of Hellmann is methodological, and he points to the trial as a whole from the roots, far beyond the single topic of errors exposed in the appeal.

The “premise” of preliminary points, a short essay in itself, has its own summary of six points, each one to explain a typology of recurrent error committed by Hellmann and Zanetti. In the premise Galati explains four of the types of error, while the last two are discussed in the further chapters together with some of the points on the merit.

These are the six types of error:

1.  One error “of method” affecting the logical process is the “petitio principii”, which Galati-Costagliola addresses as a recurrent, structural and pervasive method of reasoning used by Hellmann-Zanetti.

It is “begging the question”, a kind of empty circular reasoning. This is demonstrated in several chapters and points. For Hellmann-Zanetti’s reasoning, Galati-Costagliola reserve the names “paradoxical”, “disconcerting”, “useless”, “circular”, and worse in this same tone.


2.  The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:

The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.

With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..


Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .

The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.

The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of [13] the reconstructed hypothesis of the fact.

This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type “¦ (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.

Dr Galati cites and explains further:

The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each [14] one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.

This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..

So Galati-Costagliola concludes ““ and this by now is obvious ““ that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).

Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example ““ my own ““ is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.

But Hellmann”“Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.

So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.


3.  Refusal to acquire documentation as evidence: the definitive Guede verdict. Hellmann-Zanetti refused to acquire the documentation and to consider it a piece of evidence, without any backing from procedure jurisprudence and without providing any justification.

By doing this the Hellmann court was again violating the legal boundaries. The Galati-Costagliola appeal considers this as one more type of violation, the refusal to attribute any kind of probative value to the definitive verdict on Guede, thus violating Article 238 of the Criminal Procedure Core, and bringing up a manifestly illegitimate justification. The violation is quite egregious under the code.


4.  Failure to assess and to weight key elements, among which is Knox’s written “memoir”. This is a severe violation of article 237 of the Criminal Procedure Code.

The usability of Knox’s “memoir” as well as its probative value were already established by the Supreme Court itself, and it was admitted into the process. Hellmann-Zanetti fail to provide the slightest logical explanation for changing the established assessment and disregarding that evidence.


5.  The failure to acquire possibly important pieces of evidence. Galati-Costagliola are focused mainly on two points: 1) the knife, and the refusal of having it further tested for DNA; 2) the refusal to hear Aviello after his retraction of his claims.

We know that, while the testimony of Aviello might be just not credible because of his proven unreliability, and while some may argue that thus his testimony was not “decisive”, the testing of DNA found on the knife would be a piece of evidence for sure.

But the Procurator General points out that the refusal to hear Aviello is part of a severe violation, because the Hellmann motivazioni accepts his retraction statement, considering it thus reliable, but throws out some parts of it and refuses to hear him as a witness.

So the Galati-Costagliola appeal statement includes quotes of some shocking lines from Aviello’s interrogation, to show the heavy nature of it that cannot be thrown out without assessment

A twisting of words - like “cutting-edge” which becomes “experimental” in Hellmann’s reasoning - is the illogical justification for Hellmann-Zanetti forbidding a further DNA test. The motivation is obviously bogus, and Galati backs the point with quotes from Novelli’s tehnical explanation.


6.  Galati-Costagliola address a pervasive violation, claiming it recurs multiple times in the document: a violation of a kind called “misrepresentation of the evidence”.

This is when the judge omits aspects of the pieces of evidence that would contradict their conclusion, expressing an obvious cognitive bias. The appeal describes this violation in different chapters (5,6,8) as occurring in the process of assessing different pieces of evidence, including witness reports, wiretappings, and other items.



3. My own assessment of the Galati appeal

As you can guess from the summary above, the appeal is rather strong, and explains many heavy implications in Italian jurisprudence so that it would be difficult for the Supreme Court to reject it. 

Difficult not only because the kind of objections raised by Galati-Costagliola are devastating to Hellmann’s legitimacy (in fact it’s even more, they tend to form a picture of manipulation of the trial); and not only because Hellmann’s verdict appears to be devastating to jurisprudence generally, so much so that it would become impossible to rule on guilt in many other cases; and not only because a verdict that puts together the conviction for calunnia (a felony crime with malice) and the acquittal for murder, has a contradiction on a macro-level.

But also diificult because the same office of Cassation has already issued another definitive verdict, on the Rudy Guede case. They acknowledged that Guede did not act alone, and the Supreme Court themselves even obtained independently some elements of evidence of this, which had not been considered by the previous judges.

Accepting Hellmann-Zanetti and rejecting Galati would equate to cancel Guede’s verdict. It would require a re-write of the entire process from scratch.

Galati-Costagliola shed light on many points in good order, so I tend to be optimistic and confident in the strength of the appeal.

However I also believe there could have been something more, to make it even more strong. There are a few points ““ in my opinion - still missing, which I would have added. Four points that I miss are the following:

1.  There is no mention about the analysis ““ or the lack thereof - of Knox’s lies, aka the inconsistencies in her story, her “mop-shower” alibi version, what she told prior to her false accusation. There was a partial analysis of this area of evidence in Massei, who only mentioned her lying about her behavior before Meredith’s closed door.

But a lot more could have been brought out, so many contradictions and so sharp, to demonstrate that her recollection was entirely fictional. The entire topic disappeared in Hellmann’s logic and Galati-Costagliola does not hit on the point. I think this obliteration of key evidence should have been a battlefield for the appeal, I think it could have been linked to the error of misrepresentation of the evidence.


2.  Galati-Costagliola misses one point of criticism on the bathmat footprint assessment. It does make a point objecting to the manifest illogicality of Hellmann’s reasoning on the footprint analysis. But there is one point more where it could hit, one external inconsistency that could have been highlighted:

Hellmann-Zanetti’s illogical reasoning on the footprint is based on a false assumption. Not only it has no basis in the acts of evidence but it is proven false. It is that Hellmann excludes Sollecito on the basis that the print was “inked” by stepping on a flat surface (proven false), and attributes it to Guede, on the opposite assumption that it was produced by immersion. I note that Galati does not address directly this introduction of false premises.


3.  The appeal deals only partly with the Vecchiotti-Conti report controversy. It points to Hellmann’s contradiction on “contamination” of the knife and their failure to indicate any path for any contamination in general. But it does not say much about the bra clasp (it implies however that Sollecito’s DNA was found).

Vecchiotti’s report is unacceptable when it comes to the DNA chart: it acknowledges that Sollecito’s DNA was on the clasp after all when it comes to the Y-haplotype, but in the autosome-chromosome analysis attempts to create confusion by applying principles that are incompatible with Supreme Court guidelines on evidence analysis. Also Vecchiotti desecends into inconsistency and shows her real cards when she attempts to figure out contamination paths for how Sollecito’s DNA had arrived on the clasp.

However, I think the SCC might have all the material on this point in the attachment documents from Galati.


4.  One missing point important to me is that Galati-Costagliola does not point out the prejudicial and racist stance declared at the beginning and at the core of Hellmann’s reasoning.

Other parts are maybe more outrageous and more directly offensive to other people and other intelligences, but the racist Hellmann’s reason to me is the most disgusting.

It is a shame that a judge of the Republic is allowed to write things like this. Hellmann-Zanetti write that it is itself “unlikely” ““ it would require a very special proof ““ that Guede and Knox/Sollecito could have just met and done something together because they are “different”, while Sollecito and Knox are “good fellows”

Hellmann-Zanetti could have legitimately used the argument that it was likely for Guede to have committed a crime alone because he had a police record. They could have used this argument, but they did not use it. Their wording was totally different. I think we can guess what the reason is why they didn’t use this argument. It would have been extremely weak.

There is a logical connection between a theoretical break in and the theft in the law firm; this logical connection is equal to (in fact much weaker than) the logical connection between a staged break in and a roommate. But there is no logical connection between crimes like a theft of a laptop in an apartment and assaulting, torturing and killing a woman: thousands, in fact hundreds of thousands, of common thieves, in Italy, do not rape and do not kill anyone.

You cannot use the criminal record of Rudy Guede as a basis for claiming it is “likely” that he could commit a crime of this kind alone. That’s why Hellmann-Zanetti didn’t use it.

Instead, they used prejudice, the racist card: instead of trying to explain why it was likely that Rudy could have done it alone, they decided to claim that it was unlikely that they would find themselves together, because they are “good fellows” (and “different”).

As you can understand, this has nothing to do with Rudy’s criminal record.

By the way, Hellmann-Zanetti know that Knox had been knowing Guede long before she became friends with Sollecito, they already knew that Knox and Guede have been seen together on more than one occasion in more than one place, and even that Guede in fact attended the cottage and was friends with other people in the cottage. In fact they knew Guede and Knox used to attend the same places, house, roads and pubs.

They also knew that both Sollecito and Guede attended Piazza Grimana and the drug circle (which is the square in front of the school where Amanda had her language classes), that they lived 150 meters from each other, walked every day the same road; and ate at the same bars.

It was also known that not only Guede alone, but both Knox and Sollecito had questionable aspects in their personalities, so that these 20-years olds were not exactly expressing a profound stability in their lives.

They knew details like: leaving university, abandoning a job after one day, public disturbance fines, drunk parties, pouring beer glasses on the heads of unknowns, flirting with clients, relational problems with roommates and other girls, bringing several men at home causing arguments with roommates, collecting violent porn, heavy drug abuse over the years, knife collecting, a possible suicide mother, a lonely childhood and introverted character under the attention of a college director, memory voids.

Nobody is perfect. These details do not mean someone is guilty of anything. But what exactly is, in Hellmann-Zanetti’s mind, the “difference” of these personalities that makes these two be so obviously “good fellows”, as opposed to Guede, to the point that it is “extremely unlikely” that they can be found together, despite the fact that they attend the same places every day?

Who can tell me what is the possible reason of this difference?

Maybe there could be a relation with the fact that in Italian “good fellows” ““ “bravi ragazzi” means, in the subtext ” my family” as opposed to the other who is an outsider.

To my eyes this reasoning of Hellmann-Zanetti turns them into individuals who deserves no respect, they gain with this the most justified contempt, they should be treated like pigs: they practically wrote “they can’t be around together with Guede because they are our friends” while “he is out”.

Two bastards dirtying my country by wearing the robes of judges. I find this disgusting. It is unfortunate that Galati-Costagliola overlook this point.



4. The Galati appeal: my final thoughts

It is not possible to understand in depth the 10 points of merit from my short summary, which in fact is just a list. By reading them, I think they show their inner logical strength. I found only one weakness, that is in one of the sub-sections of point 5, where Galati-Costagliola discuss about Guede’s skype call.

I feel it’s remarkable that I couldn’t find any other questionable point (I am rather severe).

Reason 8 appears made of several points each with a different topic. They didn’t seem especially important to me as pieces of evidence, however they exist and are part of Galati-Costagliola criticism of Hellmann’s reasoning.

Reason 9 is effective but I would have used much more extensively the elements of evidence available and place them in line before the judge’s faces. Galati-Costagliola prefer to direct their objection to the inconsistence of Hellmann-Zanetti.

The part where Galati sounds more outraged is Reason 10, about the Calunnia. In this part in fact Hellmann sounds most “FoA” and offensive. In fact I think I have never read before a Cassation recourse so scathing as the Galati-Costagliola document seems to be on the Hellmann’s report.

Reading through the whole Galati document in Italian, you come upon expressions addressing the lower court’s work (repeatedly) with terms like “grave error” and “grave behavior”, you find also “disconcerting shallowness”, or the accusation of “ignoring the law”.

In the C&V report section Galati-Costagliola have some sarcastic lines such as: “how is it now they suddenly have become experts?”. In other parts you read the word “prejudice” or “obvious bias”, some of the parts of the Hellmann-Zanetti report are called “offensive” and “gratuitous”, and you also encounter the term “insinuation”.

Galati-Costagliola devolve significant attention to their method error in logic called “petitio principii”.  Now, in the traditional scholarly logic, there is a list of thirteen kind of typical “logical errors” divided in three groups: the errors of the kind “fallacia in voce” (due to misusing words in their meaning concepts) , “fallacia in re” (about getting facts wrong in the direct logical use of them) and “fallacia in deductione” (error in inference process): there are four types of “fallacia in re” and five types of “fallacia in deductione”.

The “petitio principii” (implicit circular reasoning) is one of the five types of “fallacia in deductione”.  Galati-Costagliola focus on this and on another case of “fallacia in re” called “corax”, but in fact in Hellmann-Zanetti there are also severe cases of logical errors of other kinds of “fallacia in deductione” and of the kinds of “fallacia in re”. Which may not matter too much.

This was my final thought.  I hope this can help readers to gain a rough idea of what the Galati-Costagliola Appeal to the Supreme Court looks like, its structure, its kind of arguments, and assess its qualities.

If the Supreme Court of Cassation accepts the appeal, I would consider the battle for justice in this case as won. I know that the Kerchers may need to see the end of the whole process. But to me, the fact of having the Galati-Costagliola appeal means itself half victory achieved.

This document, as you know, was issued by the highest magistrate in Umbria and what will remain in history is the forcible assertion that Knox and Sollecito are murderers beyond any doubt as expressed by Dr Galati in this document and elsewhere, as well as his outrage for the disgusting Hellmann-Zanetti trash-verdict.

This stance will never go away.


Friday, June 29, 2012

The Italian Supreme Court Grants Turin Prosecutors A New Trial In Another Case

Posted by Peter Quennell



[Above and below: the still-accused (the same status as AK and RS) in temporary happier days]

Reversals of not-guilty verdicts like this one are handed down by the decisive Italian Supreme Court several times a month.

Franzo Grande Stevens, Gianluigi Gabetti and Virgil Brown had been charged in Turin with the white-collar crime of insider trading. They are rich powerful people who help the Agnelli family to control the carmaker FIAT.

Last December they were acquitted at their first trial. The prosecution did not even bother to lodge an appeal to the Turin appeal court - they took their appeal directly to the Supreme Court of Cassation in Rome. 

Now Franzo Grande Stevens, Gianluigi Gabetti and Virgil Brown get to have their day in court - all over again. Being rich and powerful was of no help.


Posted by Peter Quennell on 06/29 at 04:06 PM • Permalink for this post • Archived in Italian systemComments here (6)

Tuesday, May 15, 2012

Italy Continues The Search For True Justice In A 30 Year Old Case

Posted by Peter Quennell





Nothing if not tenacious, those Italian prosecutors and police - and Italian TV on which the victim’s family never stopped pressing.

This is the case of 15-year-old Emanuela Orlandi, a Vatican citizen, who disappeared in 1983.  At the time the Vatican was much in the news because of a banking scandal that spread to London and because of an attempt made on the Pope’s life.

The Vatican is back in the news now because finally it stopped blocking for unclear reasons the exhumation of a crime gang leader who for unclear reasons was buried under a Vatican basilica in Rome.  The exhumation has now been done and there were some extra bones and pending tests may show that they are Emanuela’s.

The New York Times says there are at least three theories that could explain the disappearance and probable murder of Emanuela.

In 2005, an anonymous phone call to a television program about the disappearance added a piece to the puzzle:

“To find the solution to the case go and see who’s buried in the crypt of the basilica of Sant’Apollinare,” an unidentified man said, referring to the tomb of the local mob boss, Enrico De Pedis, known as Renatino, who was gunned down in Rome in 1990.

The caller also implied that Emanuela had been kidnapped as a favor to Cardinal Ugo Poletti, who in 1983 was the vicar general of Rome.  Cardinal Poletti died in 1997, and Archbishop Marcinkus in 2006.

Questions remain about why Mr. De Pedis, a member of the Magliana crime gang, was buried in a church owned by the Holy See. His tomb is in a small locked room in a crypt under the church…

To lay rumors to rest that the Vatican had obstructed investigations into Emanuela’s disappearance, last month the Holy See agreed to the opening of Mr. De Pedis’s tomb.

Whether the police can now narrow down to a single theory we soon shall see. After 30 years they are still doing what they can for the real victim. And her family never rests.

Below: images of Emanuela’s brother Pietro, a Vatican protest, and the exhumation yesterday of Mr De Pedis.















Monday, May 14, 2012

Italian Court Rules American Museum Must Return An Illegally Exported Statue

Posted by Peter Quennell





Now everybody holds their breath. Will it be returned or not?

The valuable statue is now at the Getty Museum (above) on a coastal hilltop just north of Los Angeles. Ironically it is actually Greek, and was hauled out of the Aegean Sea by fishermen almost directly east of Perugia. It is so valuable because only very few Greek statues remain intact. 

Very doubtfull that the US federal government gets involved though the courts might. The Los Angeles Times and some Italian newspapers carry the story.

An Italian court has upheld an order for the seizure of a masterpiece of the J. Paul Getty Museum’s antiquities collection, finding that the bronze statue of a victorious athlete was illegally exported from Italy before the museum purchased it for $4 million in 1976.

Since 2005, the Getty has voluntarily returned 49 antiquities in its collection, acknowledging they were the product of illegal excavations and had been smuggled out of their country of origin. Hundreds of other objects were returned by other American dealers, collectors and museums.

In the wake of those returns, several American museums struck cooperative deals with Italy and Greece that allow for long-term loans of ancient art.

Most such repatriation claims have been settled without legal action. The dispute over the Getty’s bronze ended up in Italian court thanks to its complicated legal status “” an accidental discovery in international waters off Italy’s Adriatic coast.

The statue was most likely lost at sea after being plundered by Roman soldiers in Greece around the time of Christ. (The government of Greece has never asked that the statue be returned there.)

In 1964, Italian fishermen found the statue snagged in their nets. They hauled it ashore in the small port town of Fano, buried it in a cabbage field and then hid it in a priest’s bathtub rather than declare it to customs officials, as required under Italian law.

Three brothers and the priest were convicted of trafficking in stolen goods, but an appeals court threw out their convictions in 1970, citing insufficient evidence. At the time, the statue was still missing, and its value was unknown.

 

Posted by Peter Quennell on 05/14 at 02:41 PM • Permalink for this post • Archived in The wider contextsItalian contextItalian systemComments here (3)

Friday, April 20, 2012

Italy Handles Wrongful Death of An American With Usual Efficiency And Real Respect For The Victim

Posted by Peter Quennell





This story has had great play in Italy - there are dozens of video reports - but little play in the US and almost none elsewhere.

San Giovanni Valdarno is a small town one hour’s drive north of Perugia, about two-thirds of the way to Florence in Tuscany which is one of the most visited areas in Italy. Many foreigners have villas there.

Allison Owens. aged 23, from Columbus in Ohio, was a tour guide there. She was last seen alive on Sunday 2 October. Worried for her safety, her friends stirred up a manhunt of the area, which came to include over 100 police with dogs.

After three days of searching, her body was found in a pond on the other side of a crash barrier from a busy highway. She was wearing jogging clothes, and her IPod headphones were still around her head.

The autopsy on her body confirmed that she had been hit by a vehicle, and with lots of publicity the search was on for a hit-and-run driver.

Local resident Pietro Stefanoni turned himself in to the San Giovanni Valdarno police on 7 October after he had already had the damage to his Volvo repaired.

He claimed that he fell asleep at the wheel and only woke when his car side-swiped the crash barrier. He claimed that he went back to the same spot a day or two later to see if he had caused any damage, but did not see any.

Stefanoni did not report the accident. He claimed that it was only several days later that he heard on the news that the police were looking for a hit-and-run driver. Thereupon, in the company of the Florence lawyer Francesco Maresca, he went to the police and was arrested.

He requested the abbreviated fast-track trial procedure (which Rudy Guede also took advantage of in 2008) but which nevertheless resulted, for manslaughter, in a tough sentence: 39 months behind prison bars, and an interim award of nearly $400,000 payable to the Owens family.

The prosecutor had cast Stefanoni’s actions subsequent to his knowingly or unknowingly hitting Allison in a very bad light, and the judge appeared to have concluded that he handed himself in only when he became convinced he would be caught.

Not much is published about the life of Allison Owens, but she is very sunny in all her images. Her family and friends clearly loved her and miss her, and through very careless driving Pietro Stefanoni has made havoc of their world.

Her hard-hit family from Ohio were in court. Thankfully, the case was efficiently and sensitively handled by the Italian authorities, with great support from the Italian media and the public. 

Zero sign a pretty American was resented.



















Friday, February 24, 2012

Costa Concordia: Amid Continuing Environmental Concerns The Captain Is Charged With More

Posted by Peter Quennell

The death toll has now risen to 25 including one child, a little girl. Maybe 10 are still unaccounted for.

The ship turns out to be balancing precariously on two small castles of rock at its front and back ends and they now seem to be decomposing under the ship’s colossal weight.

Whether the fuel oil can be removed from the ship before it disappears into deeper waters in a very fragile marine environment now seems anyone’s guess. Technically the engineers seem to be doing all they can.

The Genoa-based Carnival subsidiary seems to have closed ranks again as its own top management behavior comes under investigation. Nick Squires of the Daily Telegraph has just reported this from a session of the Grosseto court.

Prosecutors allege that the captain’s negligence and misconduct were compounded by errors made by senior officials from Costa Cruises, the Italian company that owns the ship.

They have broadened their investigation to include three Costa Cruises employees, including Manfred Ursprunger, the vice-president, and Roberto Ferrarini, the head of the company’s crisis management unit.

He was in regular contact with the skipper on the night of the disaster but prosecutors accuse him of being “culpably unaware of the real situation on board the ship” and of falling to verify the information provided by Capt Schettino.

Nick Squires also reports that Captain Schettino’s legal prospects have now worsened.

On Thursday, prosecutors lodged two new charges against the captain, accusing him of abandoning incapacitated passengers and failing to inform the coast guard in Livorno, on the mainland, of what was happening on the ship.

He was already charged with abandoning ship, causing a disaster and multiple counts of manslaughter and is under house arrest at his home near Sorrento, south of Naples.

Nick Squires also reports on how the ship was slowed down to allow the captain and his lady friend to finish their meal. Then it was speeded up to awe someone in Giglio, and a big crowd on the ship’s bridge.


Wednesday, February 01, 2012

Compared To Italy, Say, Precisely How Wicked Is The United States?

Posted by Peter Quennell





Please click above for a chart we can all read.

Okay. According to this proportional comparison of prison populations, the US is about seven times as wicked as Italy.

We have often remarked that Italy’s crime rate is low, the three mafia families (Sicily, Calabria and Naples) are mostly fading, and the justice system is one of the most cautious - conviction rates are infuriatingly low for the suffering families of victims, but in a forgiving Catholic nation rates of incarceration are unlikely to jump any time soon.

The American incarceration rate in sharp contrast has for a decade led the rest of the world, and it increased every year for nearly 30 straight years from the arrival of President Reagan to the departure of President GW Bush. Its prison rate is ahead of Russia’s, with its mafias and corruption and poverty, and ahead of China’s, with its large population of political prisoners.

Finally, however, the American incarceration rate and execution rate are both now headed downward.

Factors that had been keeping incarceration rates high included the 1980s-1990s drug wars, the estimated 12-15 million illegals, the estimated several hundred million private guns, the law-and-order hard line of many politicians and the Supreme Court, the elections of many sheriffs and judges and district attorneys based mainly on a law-and-order hard line, the part-privatised for-profit prison system, and distinct racism (see graphs below) in who goes to prison and who doesn’t. 
 
Factors that are now pushing incarceration rates down include a major drop in all crime rates, the liberalization of US society as it gets richer, the pressure on government budgets, the easing of certain drug laws, the proofs from DNA that police do not always get the right perpetrator, Obama-administration investment in re-entry programs and more effective methods of parole and probation, and the continued push of humane people to radically change things for the better.

Executions were put on hold by the Supreme Court for some years. You can see from the last graph below that after that ended there was something of a surge in executions, but the numbers are sinking down again quite sharply (now at about 30 a year) and execution might be a thing of the past by 2020.

Wow! In matters of crime and punishment the United States is now starting to converge upon…  Italy!






Sunday, October 02, 2011

The Terrible Weight On The Victim’s Family Because The Italian System Is So Pro Defendant

Posted by Peter Quennell





The Italian prison population is proportionally perhaps the smallest in the western world.

Italy has an overall population about one-fifth that of the United States, but a prison population only about one-thirtieth the size of that in the US, below 100,000 as compared to 2.7 million.

It is true that Italy has a very low murder rate, and that most towns see no murders at all year after year. Even now outside the main cities many people still tend to leave their houses unlocked. There seems to be not that many crooks.

But even in light of this, two factors have resulted in sentences often amazingly light by international standards, with prison sentences under three years almost never served, and crooks often happily walk free.

  • The first factor is all the safeguards built into the post-WWII constitution to make sure that the kangaroo courts of the fascist era would never ever again reappear.

  • The second factor, now in the news,  is the manipulation of the justice system by the occasional politician over the years to soften the situations of their locked-up buddies. 

So prosecutors now have to jump through a large number of hoops and judge after judge has to check on their reasonableness. Mr Mignini noted this in court the other day when he said that 42 judges had come to see the case against Knox and Sollecito in essentially the same way he presented it. .

Defendants get to speak in court while not under oath whenever they want to. They get two automatic appeals, and verdict and sentence are not considered final until the Supreme Court of Cassation rules that way. The overturn rate on either level of appeal is not particularly high, but there seems a tendency for appeal courts to be more lenient than trial courts, though Cassation often does favor the rulings of the original trial courts.

Now Italian crime rates are creeping up, with the influx of drugs and immigrants, and majority opinion in Italy is that the system should definitely be a bit tougher. Various pro-victim TV shows and various books have shown that because of all the pro-defendant breaks, the toll on victims’ families can be really shocking.

We have posted on the pro-victim campaign of Barbara Benedettelli who is a prominent TV show hoster. She has just come out with a book telling of the sufferings of victims families in saddening detail.

One of the families she describes saw their baby snatched by defense witness Mario Alessi, who soon after killed the baby with a spade because it would not stop crying. Alessi and his wife are locked up now, but you would rarely see in the UK and the US the kind of suffering along the way that the family of baby Tommy went through.

Victims’ families may get some legal and social help but they often end up financially decimated and quite often in poor health. This seems to be the tragic predicament of Meredith’s family which their lawyer Francesco Maresca highlighted the other day.

“You will look Meredith’s family in the eyes only once,” Maresca said. “They could not always be here in court due to the mother’s health problems and siblings’ economic problems.”

In fact, he said, the family had trouble finding airline tickets for the verdict, which the lawyer contrasted with reports that the Knox family had a private jet ready to whisk the American student out of the country in the case of a not guilty finding. Knox’s family has denied the existence of such a plan.

John and Arline Kercher’s bills are said to to be pushing now toward $200,000 at a time in life when their earning powers are no longer at their peak and neither of them are in good health. They have to pay all of their own travel costs to and from Perugia and all of their own hotel bills, and also the fees of Mr Maresca and his team.

Kind attention has just been paid to their terrible plight and to the memory of Meredith by the Italian media, and also in the US and UK by Reuters and the Associated Press and Fox News and The Examiner.

But they deserve a great deal more.


Tuesday, July 12, 2011

The Chief Enforcer Of The Constitution And The Rule Of Law is Wildly Popular Throughout Italy

Posted by Peter Quennell


President Giorgio Napolitano’s popularity rating is at 80% and rising. In sharp contrast, Prime Minister Berlusconi’s is at 30% and falling

Italians invariably take their constitution and their justice system very seriously and they have good reason to be proud of those institutions. Although the President’s daily duties are mostly ceremonial David Willey of the BBC explains his very key powers in those areas.

He is the person who has to appoint a new prime minister every time there is a government crisis. And he is the guarantor of Italy’s constitution, hammered out immediately after World War II by the founding fathers of the republic following two decades of Fascist rule.

He is said to receive dozens of petitions a day and in certain cases he does act to get things done. Significantly, two that he chose to ignore recently concerned the ongoing Sollecito-Knox appeal process.

Of two pretty blatant attempts to bias the Perugia process, one came from Joel Simon of the US-based Committee to Protect Journalists, and one came from the junior Berlusconi-party MP Rocco Girlanda.

President Giorgio Napolitano simply ignored both of them.

The Italian prime minister also seems to be sitting this one out, as the painstaking process of justice for Meredith rolls on.

 

Posted by Peter Quennell on 07/12 at 03:52 PM • Permalink for this post • Archived in Trials 2008 & 2009The wider contextsItalian systemComments here (3)

Wednesday, July 06, 2011

Interesting Tilts Of Marcia Clark And Alan Dershowitz Toward Educated, Informed Italian-type Juries

Posted by Peter Quennell



Neither of these heavy hitters are saying to abolish the common-law system of not placing professionals in the jury room.

Or for that matter to swing over to a semi-professional and seemingly less error-prone system like Italy’s, where the judges stake their own reputations on their verdict and the written explanation that must follow.

But both found the Casey Anthony non-guilty jury verdict a bit peculiar, and Alan Dershowitz specifically suggests that semi-professional jury systems (like Italy’s) tend to be more accurate. 

Above, the former prosecutor Marcia Clark commenting a couple of weeks ago on why the media boosted the Casey Anthony trial into such a “fry her” phenomenon. And here in the Daily Beast she comments on why that media angle had no sway over the jury.

For one thing the evidence and scenario had some major gaps. And for another:

[American] jury instructions are so numerous and complex, it’s a wonder jurors ever wade through them. And so it should come as no surprise that they can sometimes get stuck along the way. The instruction on circumstantial evidence is confusing even to lawyers. And reasonable doubt? That’s the hardest, most elusive one of all. And I think it’s where even the most fair-minded jurors can get derailed.

How? By confusing reasonable doubt with a reason to doubt. Some believe that thinking was in play in the Simpson case. After the verdict was read in the Simpson case, as the jury was leaving, one of them, I was later told, said: “We think he probably did it. We just didn’t think they proved it beyond a reasonable doubt.” In every case, a defense attorney will do his or her best to give the jury a reason to doubt.

“Some other dude did it,” or “some other dude threatened him.” But those reasons don’t necessarily equate with a reasonable doubt. A reason does not equal reasonable. Sometimes, that distinction can get lost.

Former Harvard Law professor Alan Dershowitz went deeper into jury principles on the Piers Morgan interview show on CNN last night.

DERSHOWITZ: Well, if you want justice, don’t look to the criminal law system. That’s not its job. Its job is not to produce a just result. Its job is to produce a legally correct result.

We have a system that says better 10 guilty go free than one innocent be wrongly confined. If you have a 60 percent likelihood a person did it, you must acquit. If you think he probably did it, you must acquit. If you think he almost surely did it, you must acquit.

We acquit lots of guilty people, and that’s the right thing to do. When we convict an innocent person, that’s the wrong thing to do. That’s our system of justice. Many people don’t like it. Many people think the opposite, that we have too much popular justice, too much dependent on elected prosecutors, elected judges, elected officials.

The French, for example, don’t understand our stem with a case that’s going on now with the rape in New York. They don’t understand our system. They say it’s much too popular. In France, there’s a professional system. They have professional judges, professional prosecutors, professional jurors.

We’ve opted for a much more democratic system, and it means that in the end you’re going to be dissatisfied with a lot of verdicts. Just don’t expect too much from our legal system. Don’t expect truth. Don’t expect justice, because that’s not what it’s supposed to give you.

It’s supposed to give you a legal process that only convicts if admissible evidence proves the case beyond a reasonable doubt. If you don’t like that system, I’ve got plenty of other systems for you that are more accurate. The Chinese system, the military justice system, the Russian system. Many European systems. But the American system errs on the side of freeing the guilty instead of convicting the innocent.


Tuesday, June 28, 2011

A Token Balance In The Italian System: The Voice In The Court For The Victim

Posted by The TJMK Main Posters



[Above: Francesco Maresca with the Lead Appeal Prosecutor Giancarlo Costagliol and Ms Comodi]


We have often posted before on the pronounced tilt toward defendants’ rights in the Italian court system.

The Italian criminal justice system is just about the only one in Europe that has not yet adapted to the 2001 directive of the European Court that was asking for equality in criminal trials.

As we can see in this case, the system is extremely pro-defendant.

Police and prosecutors have to jump through a large number of hoops. Judge after judge combs through the evidence. Defendants can get up and talk in court at the nod of a judge without being cross-examined.

Defendants never have to take an oath to tell the truth. Judges in effect have to be part of the jury and to stake their reputation on the outcome of every case, the reasoning of which they must describe in writing.

No-one is conclusively declared guilty until two appeals have been concluded. The second appeal is to the Supreme Court of Cassation in Rome, which seems to be sitting on more appeals now than the rest of the western world put together. Just about all prison sentences of under three years are waived. 

And that is just for starters.  One outcome is a prison population proportionally less than 1/4 that of the United States.

Many Italians feel that this fairness or leniency - call it what you will - has gone way too far, and Prime Minister Berlusconi’s attempts to press the fairness or leniency even further are wildly unpopular.

We posted recently on the tireless Italian campaigner for a stronger assertion of victim’s rights Barbara Benedettelli and she has a new book out on various cases. She has also sent us some background material on the generic issue which we intend to build into a post.

Against this tsunami of systemic pro-defendant bias in Meredith’s case, we really only have the fortitude of the police and the prosecutors involved, and the systemic presence of the lawyer representing the interests of the victim and her family: Mr Francesco Maresca, who practices law in Florence.

Although his English is said to be hesitant - which means the English media don’t usually track him down for any soundbites - he seems to us to be tirelessly aggressive in the court in standing up to the many impromptu interventions of the three perps and the fireworks of their six-plus lawyers.

Here is an interview with Mr Maresca in yesterday’s Umbria Left which was kindly translated by our poster Tiziano.

The lawyer for the Kercher family: Alessi and Avielli contradicted.

“Guede confirms the presence of the accused in the house of the crime. We have heard witnesses who contradicted Mario Alessi and Luciano Aviello.” Thus said lawyer Francesco Maresca, lawyer for the family of Meredith Kercher, at the end of the hearing of the appeal trial of Raffaele Sollecitoand Amanda Knox.

“Witnesses which,” he added “we could have however done without, heard only because it was necessary from a procedural point of view.” Lawyer Maresca claimed, “Regarding Rudy Guede, this person confirmed what he wrote in the letter to his defence lawyers. And to the specific question whether it was an opinion of his, he replied ‘no, it’s what I experienced that night’.

“In my opinion Guede once again confirmed the presence of all three accused at the site of the murder that night. It seems to me the truth of a co-accused already found guilty. To me it appeared absolutely clear,” Maresca concluded.

Another one landed for Meredith by her lone ranger in the court.



Wednesday, May 04, 2011

Italian Justice System Efficient And Uncontroversial In Other Prominent International Cases #2

Posted by Peter Quennell





Faux experts Doug Preston and Steve Moore and other Knox cultists don’t seem to realize it. But Italian and American law enforcement are smoothly co-operating on hundreds of cases at any one time.

Here is a good example. Italy’s role was absolutely crucial. The Italian police tracked down and apprehended in a tent high in the Alps an American fugitive who had been on the run for six years.

His name is Dr Mark Weinberger and he ran a clinic in Indiana. He got in seriously over his head and assembled debts up in the millions. While on his large powerboat in Greece’s Aegean Sea with his wife Michelle, also seen here, he disappeared.

Man overboard, hopefully presumed dead?

But both American and European law enforcement kept digging. Below the image from Indiana’s North West Times is an excellent timeline of events in the next six years.


September 2004: Dr. Mark Weinberger, a Merrillville-based sinus surgeon, heads to Greece on vacation on a yacht. He never returns from his regular 6 a.m. jog, taking thousands in emergency cash with him. Michelle Weinberger, his wife, is saddled with nearly $40,000 in dock fees and no means to get home. Her friends take up a collection to help her return.

Sept. 6, 2004: Weinberger patient Phyllis Barnes dies of throat cancer.

Oct. 5, 2004: With Weinberger missing, Robert Handler is appointed by Lake Circuit Court to manage Weinberger Sinus Clinic’s business affairs and settle $7 million in outstanding loans. Records indicate the clinic has about $7,000 in its coffers, which sits in stark contrast to Weinberger’s lavish lifestyle.

Oct. 13, 2004: Barnes’ estate files a lawsuit against Weinberger. He is accused of incorrect diagnosis and unnecessary treatment that prevented Barnes from getting treatment for her throat cancer.

Oct. 20, 2004: Twenty-three other patients, ages 7 to 60, file suit, accusing medical malpractice. They say Weinberger never considered nonsurgical options after diagnosing them. Ultimately, nearly 300 lawsuits will be filed, most saying Weinberger issued identical diagnoses and treatments.

Oct. 21, 2004: Valparaiso attorney Ken Allen says a private detective he hired believes Weinberger traveled to Israel aboard his yacht. Allen said Weinberger, who is Jewish, may have picked the country because American Jews can travel there without a passport and cannot be extradited.

Oct. 28, 2004: The Indiana Medical Licensing Board votes unanimously to suspend Weinberger’s license for 90 days.

Dec. 10, 2004: Michelle Weinberger says her husband’s credit cards were used to pay large sums in the French Riviera. She heads there to find him.

January 2005: Indiana Attorney General Steve Carter seeks to extend suspension of Weinberger’s medical license for another 90 days. He says 221 malpractice complaints have been filed with the Indiana Department of Insurance.

April 28, 2005: Weinberger’s license is permanently suspended.

July 12, 2005: Weinberger’s 14,000-square-foot surgical center and 10,000-square-foot condominium office building sell for about $2.4 million.

Also sold at auction are 1,000 pieces of medical equipment for $650,000.

March 2006: Weinberger’s wife, Michelle, divorces him.

March 30, 2006: Fred Weinberger files a lawsuit against his son, seeking repayment of a $1 million loan plus $417,043 in interest and expenses he claims his son owes him.

Dec. 8, 2006: Mark Weinberger is indicted on charges of fraud and malpractice.

The investigation shifts gears from a missing person search to a manhunt.

September 2008: The TV show “America’s Most Wanted” features a segment on Weinberger’s disappearance.

March 2009: Barnes’ estate wins its malpractice lawsuit.

Dec. 15: Weinberger is apprehended. The 46-year-old was found hiding in a tent some 6,000 feet above sea level at the foot of Mont Blanc in the Italian Alps. He stabs himself in the neck with a knife he hid while authorities were approaching, but he recovers and later is extradited.

Oct. 18: Weinberger agrees to plead guilty to each of the 22 federal fraud counts against him in exchange for a four-year prison sentence. He agrees to pay $366,600 in restitution to 22 patients he admitted defrauding. A judge still must accept the plea deal.

Michelle Weinberger (now Michelle Kramer) testified against him in detail. She later graduated with a doctorate in psychology. He was sentenced to spend years in prison (exact duration depends on the amount of fraud still being uncovered) and huge fines. And for botched surgeries he faces a huge number of suits. Here is another example.

So a lot flowed from that high-altitude Italian arrest..






Tuesday, May 03, 2011

Italian Justice System Efficient And Uncontroversial In Other Prominent International Cases #1

Posted by Peter Quennell


Going on right now is a trial of an alleged blackmailer’s accomplice at Pescara which is on Italy’s east coast about an hour south-east of Perugia.

In the dock is a rather strange Italian who assisted a Swiss gigolo to swindle at least six wealthy European women out of many millions. One of the women is a German divorced mother of three, Susanne Klatten (image above), who through her majority ownership of the chemical giant Altana and large stake in car manufacturer BMW is a multi-billionaire and Germany’s richest woman.

It was through her refusal to succumb to blackmail regardless of the personal embarrassment when she was shown sex shots of herself and the gigolo Helg Sgarb (image below) that the case was blown wide open. Helg Sgarb was tried in Munich in 2009 and sentenced to six years in prison.

A few days ago Susanne Klatten testified in Pescara against Ernani Barretta (image at bottom) who among other things is alleged to have done the secret filming of Ms Klatten at an exclusive spa in Germany. 

The case is going smoothly, Italian justice is looking good, and nobody connected to Barretta seems to think a hate campaign against Italian justice would do him any real good. 





Tuesday, April 19, 2011

Italian Parliament Is Now Moving On A Bill To Speed Up Many Trials And Appeals

Posted by Peter Quennell






Our poster Commissario Montalbano described back here how the surfeit of caution in the Italian legal system leads to protracted delays.

This proves tough on Italian police, prosecutors, judges and perps. It is especially tough on the families of victims, as Meredith’s father John Kercher explained here, here, and here.

Now Andrea Vogt reports on a promising if somewhat controversial reform bill already passed by the Italian parliament’s lower house which may speed up many trials, eliminate others, and cut down on the mandatory appeals.

The key provision of the new law is to reduce the time that trials take in Italy. Most Italians support this: they are fed up with a judicial system that is inefficient and moves at a snail’s pace.

There are millions of backlogged civil and criminal trials, which, when they finally get to court, can drag on interminably. Even the European Court of Human Rights has condemned Italy for its court delays…

Popular move on the whole, but it could also knock out a lot of seemingly deserved trials, and weaken judges by making them liable to civil actions.

Posted by Peter Quennell on 04/19 at 03:19 PM • Permalink for this post • Archived in The wider contextsItalian contextItalian systemComments here (4)

Friday, April 15, 2011

Another US-Italian Case Shows The Utter Futility Of Trying To Strongarm The Italian Justice System

Posted by Peter Quennell



[Above: Father Michael McCarty and baby Liam McCarty. Below: Mother Manuela Antonelli.]

Italy and the US get along exceptionally well on the political, economic, military and cultural fronts.

They get along on the justice front too, if neither side tries to pull the rug out from under the other. This case and this case are festering instances of where the Italians did not think the Americans played quite fair.

Typically therefore the US State Department likes to take any mutual justice matter below the radar. Way, way below the radar.

Despite what Knox conspiracists like Steve Moore and Candace Dempsey and “Bruce Fisher” may think, their rabid campaign is only making any effective intervention by the State Department that much more unlikely.

Knox family advisor Ted Simon and US Senator for Washington State Maria Cantwell seem to have been told that or figured it out. The Knox-Mellas family seems to have cooled it on the surface in recent month, even if Chris Mellas appears to sustain support for his hardline internet faction just below that surface.

Michael McCarty is a New York photographer who publishes fine art prints, and Manuela Antonelli was a producer and reporter for Italian TV. They were married in New York’s Central Park in 1992, eight year later their son Liam was born, and some time after that they divorced.

In 2007 in the midst of a nasty custody battle in New York between Manuela and Michael over Liam, Manuela suddenly took off with Liam, then aged six, and headed back to her home country of Italy. Once the custody of Liam was awarded by a New York judge to the father, a governmental legal campaign began to try to get Liam and his mother back.

From the Examiner.

Antonelli had made numerous allegations of abuse against McCarty but investigations by the NYPD, New York District Attorney’s Office, Children’s Services, and numerous court-appointed mental health professionals all found the accusations to be “unfounded,” “baseless,” and “false.”

Antonelli was diagnosed with severe personality disorders and was determined to be an unfit parent. Sole legal and physical custody was awarded to McCarty, an order was issued that Liam not be taken out of the United States, and a judicial finding of parental alienation was made against the mother….

In Italy, Manuela Antonelli was also diagnosed with psychiatric problems, and Liam was placed in an orphanage, and later in the custody of an Italian uncle in Rome, where he is now. At one point early on, Manuela briefly snatched Liam back.

Italy usually takes the position of the mother getting automatic custody, or at minimum having easy access to her children. If Liam is returned to New York, his mother Manuela would get neither, so the Italian judicial approach has been very cautious on this one. More-so because she is clearly unwell.

In 2009 the American campaign to get him back suddenly became very public and quite nasty, with several US TV networks jumping on the bandwagon and contributing to an emotional campaign. Video examples of this can be seen here and here and here.

Rather suddenly, that public campaign went quiet again, and the State Department very gently got back into the act of trying to get Liam back to New York and Manuela extradited back to the US to face charges.

The latest news is that both the Italian judicial position and the mood of the Italian public have moved over to conceding that Liam really should be sent back to New York to his father. The question of the extradition of the mother remains open.

The case remains much in the Italian news and many online comments remark scathingly how very unhelpful in all this the rabid Knox campaign has been. 





Wednesday, March 30, 2011

Post-Trauma Example Of Italy As One Of The Fastest-Learning And Adjusting Societies

Posted by Peter Quennell


Here is an image of Elisa Benedetti whose sad death after crashing and then disabling her car in deep mud our poster Catnip profiled back here.

Two other post-accidents traumas have been much in the news in Italy as Il Giornale today describes.

Two drivers were in traffic accidents in which they feared they had caused the death of others, and both are now dead.

One after dying of cold in the woods after wandering aimlessly for days, and the other after jumping off a bridge. In the case of the first, nobody was even hurt, and in the case of the second, the child who was slightly knocked by the car was released from hospital the same day.

As one would expect in Italy, these incidents have been the subject of much public discussion and several TV chat shows, similar to those for missing people that we learned about in the case of the missing or murdered Sonia Marra.

Now hospital emergency rooms and police forces are moving to beef up their capacity to provide psychological support to those similarly traumatized.

In the case of Elisa Benedetti, the cops tried really hard to help her in the times when she called them for help on her cellphone. Next time they might have psychological knowhow on their side.

Few other countries in the world come close to Italy for a caring population driving constructive effects like these.


Friday, December 31, 2010

Harvard Political Review Writer Alex Koenig Reproaches The Sliming of Italy’s Justice System

Posted by Peter Quennell


With the Pepperdine University and Washington University student newspapers consistently mis-reporting Meredith’s case, it is nice to see a Harvard publication getting it seriously right.

Alex Koenig writes a column for the Harvard Political Review. He is not commenting on the evidence of Meredith’s case as reflected for example on TJMK and in Massei. But he takes several deadly cracks at the arguments of the conspiracy theorists, which he doesn’t see reflecting the real world.

In 2008, 16,277 people were murdered in the United States. 1,176 of these murders were committed by women, of which about a third were confirmed to be white.

That means that in one year there were around 400 white female murderers on US soil”” the majority of whom were convicted to no public outcry. What America needs to ask itself is: does the fact that Amanda Knox is a white sorority sister exonerate her from the murder she is alleged to have committed on foreign soil?

Knox is currently serving a 26-year sentence in Italian prison, in Perugia, for the murder of her then-roommate Meredith Kercher. Seemingly lost among the outrage towards the Italian justice system, the demands of US government intervention in her defense, and the constant assertions of Knox’s innocence is the possibility that, maybe this once, the trained professionals who investigated, tried, and convicted the 23 year old Knox got it right.

Without getting into the facts of the case, and conceding that people are wrongly convicted on a regular basis both in the United States and abroad, we must consider just how America’s treatment of this case reflects upon our society.

The fact of the matter is, those that immediately claim that Knox was wrongly accused and jailed by a corrupt justice system make two extremely arrogant assumptions that reveal perverse American exceptionalism. 

1) It is assumed that, as an American ““ an American woman no less ““ Knox is incapable of murder. This case differs, of course, from the 1,176 domestic murders committed by women because, well, who knows?

2) It is assumed that not only is the Italian justice system incapable of fulfilling its legal duties, but that the intentions of the court were swayed by anti-Americanism.

This is not merely an abstract sentiment, but was actually articulated by Senator Maria Cantwell (D) of my home state of Washington. Cantwell, whom I generally agree with ideologically, released a statement saying that she “had serious questions about the Italian justice system and whether anti-Americanism tainted the trial.” She went on to say that she would seek assistance from Secretary of State Hillary Clinton.

Regarding the first problem, I take Knox’s assumed innocence in the public eye to be a representation of national pride. I am as proud to be American as the next guy; I understand all the benefits being American has afforded me and appreciate the sacrifices men and women make each day to ensure that these benefits remain for me and my countrymen.

But assume the superiority of the same countrymen when compared to other citizens of the world I do not. It is as if Knox’s co-citizenship has absolved all her sins in the American court of public opinion. This, by itself, is difficult to grasp but can be forgiven.

What’s harder to forgive is the assumption that Knox has been wronged by a corrupt system because she is American.

Having lived in Italy for a year, I would never accuse the Italian justice system of being exceedingly efficient or flawless. However, I wouldn’t accuse the US justice system of this either.

Anti-Americanism does exist in parts of the world, but the chances of it being present in this trial are low. Are the judges supposed to see the conviction of an innocent American college student as a way to deter American tourists from coming to Italy?

“Putting this girl away for 26 years seems to be an easy way to get rid of those annoying tourists with their stupid hotel rooms, airplane tickets and restaurant bills. Good riddance!”

It’s not as if Knox is accused of murdering an Italian either. Kercher was a Brit. Raffaele Sollecito and Rudy Guede, Knox’s alleged accomplices who are both serving similar sentences for the same charges, are both Italian, although Guede emigrated from the Ivory Coast when he was five.

No, I doubt that anti-Americanism was involved in this conviction. It seems, instead, to be nationalism on the side of Knox’s supporters. Amanda couldn’t have possibly been the one at fault, she’s one of us.

And maybe they’re right. I really don’t know. What I do know is that the anger and offense that the American public has taken in response to this trial obscures the real tragedy at hand, the violent death of a young woman.

It’s possible that Knox has wrongly had her future taken from her. It’s a fact that Kercher has. As the appeal process continues and the story gradually slips out of the consciousness of the average American, with the protest left to the truly passionate among us,

I want to remind us all of one thing: Italy’s murder rate is 1/3 that of America. Perhaps, without the actions of one American there’d be one less death in Italy’s tally. I’ll leave that judgment up to the only court that really matters in such a case, the court of law.

One small correction to what Alex Koenig wrote. Italy’s murder rate is actually 1/6th that of the United States. It is a very law-abiding country with a very low crime rate and a very small prison population - less than 1/20th that of the United States.

But Alex is certainly right in his conclusions.Neither the Micheli not Massei Sentencing Reports show ANY sign of extreme nationalism.


Saturday, August 28, 2010

From Shortly Before Last December’s Verdict: Our Poster Hopeful’s Moving Tribute To Italian Justice

Posted by The TJMK Main Posters




We have dozens of posts on TJMk illustrating how the Italian justice system is among the best in the world. Careful, humane, and in fact hardly ever wrong.

In part because police and prosecutors are very painstaking - read here of all the hurdles they have to get through.

In part because judges have to put their careers on the line with each judgment, as with Judge Massei now, and not simply hide behind an unexplained jury decision from 12 amateurs of random education levels.

Six weeks before the December 2009 verdict, Hopeful paid them this kind tribute.

Moved By Italian Justice: Doing The Very Best It Can For Meredith And Her Poor Family

Crestfallen and broken, Amanda and Raffaele react in visible distress in the latest courtroom photos.

Amanda looks sad, smitten, perplexed, astounded, with anger not far under the veneer, yet overall truly sorrowful for the first time in 2 years. Raffaele is weeping as the court denies more evidence do-overs. He feels the weight of this blow.

These two are probably guilty, but it still makes me sad to see what prison can do to human beings. Why, oh why, couldn’t they have let Meredith live and simply enjoy her sweet life? Mercy to her would have been multiplied back to them so very many times over.

I believe Prosecutor Mignini and his assistant, Mrs. Comodi, and all the Perugia homicide cops want to see JUSTICE done above all.

Surely they take no pleasure in the misery that native-son Sollecito is undergoing. They had to arrest him to redress a huge evil. I’m sure they regret the repercussions this has meant to his father, a fine medical doctor, an upstanding citizen of Italy. Despite this, and America’s loud outcries, they have proceeded.

I think the Italian police and prosecutors have acted with more intense caution and discretion in handling the evidence against Amanda because of her U.S. citizenship. I don’t think this is a case of two innocents being railroaded.

If the Italian police had wanted to score points politically, they could have closed the case after the arrest and conviction of Rudy Guede. The police saw undeniable proof to their practiced eyes that Amanda and Raffaele were very guilty.

And I don’t think forensic scientist Patrizia Stefanoni of the Polizia Scientifica in Rome is in the prosecution’s back pocket. I believe she acted in good faith. Patient and careful analysis of forensic lab samples requires real intelligence and excludes quick passion.

“To be or not to be??”. From Shakespeare’s play Hamlet. Methinks Amanda does look a little Danish.

It wasn’t fish blood or cat’s blood or pierced ear blood on their hands, it was the blood of honor. Meredith was defenseless in a foreign land. She was a great asset to her own family, to the Erasmus program, to Italy, and eventually to the world. She deserves the best efforts of her host country, and she’s receiving them here.

It now feels like justice is not only happening here - it’s convincingly SEEN to be happening. We all owed you this one, sweet Meredith. May you forever rest in peace.

Posted by The TJMK Main Posters on 08/28 at 05:43 PM • Permalink for this post • Archived in Justice systemsItalian systemComments here (8)

Wednesday, December 09, 2009

Explaining How The Italian Appeals Process Works And Why It Consumes So Much Time

Posted by Commissario Montalbano


Above is Vincenzo Carbone, Prime President of the Italian Supreme Court of Cassation, addressing the Italian Supreme Court.

The appeal process in the Italian judicial system is disciplined by art. 593 et seq. of the Italian Code of Penal Procedure (CPP).

Both the defendant and the prosecution have the right to appeal a sentence, according to the principle of parity of the two parties in a judicial process. In 2006 a law passed by the Berlusconi government (known as “Pecorella Law”, from the name of his sponsor), intended to prohibit the right of appeal of the prosecutor, similarly to what happens in the US, however the Italian Constitutional Court struck down that law as unconstitutional since it is in violation of the parity of the two parties in the process, as explained above. As a result the CPP has been modified to reflect its original version.

It is to be noted however, that if only the defendant requests an appeal (and not the prosecution), then the appeal court can only confirm or decrease the sentence of the first trial, but not increase it.

Since Mignini has already said that they won’t appeal the case, Amanda and Raffaele are likely to see their jail sentence decreased by a few years, or at most confirmed, but not increased. Art. 575 of the Italian Penal Code however prescribes a minimum of 21 years for voluntary homicide.

The principle of “double jeopardy”, which is also guaranteed by Italian law and by the law of all members of the European Union as condition of membership, does not apply to the appeal trial, as such trial is interpreted as being a mere continuation of the same first trial. The double jeopardy principle will therefore apply only after the sentence is definitive, i.e. after the Supreme Court of Cassation decision. In other words if Amanda and Raffaele are found not guilty after all the appeals are exhausted, the Italian state will not be able to try them again in the future.

This characteristic is not unique to Italy, most European countries, in fact, apply the double jeopardy only after all appeals have exhausted, among these Germany and France, which also permit the appeal by the prosecution.

The competence of the appeal process is disciplined by art 594 of the CPP. Such article establishes that the Appeal Court of Assizes has jurisdiction over the sentences rendered by the Court of Assizes. The Court of Assizes is the court in Italy which tries serious crimes, that is those crimes for which the penal code provides a maximum punishment of at least 24 years.

In this case the Corte d’Assise d’Appello of Perugia will have jurisdiction over the case. However the defense may request a change of venue, if they can demonstrate just cause.

The terms of the request for appeal are disciplined by art. 595 of the CPP. Such article specifies, among other things, that the party requesting the appeal can do so within 15 days from the day the Sentence is communicated. If such sentence is particularly complex (as this case is) the judge can request that the “Motivazione della Sentenza”, often referred to in TJMK as the Judge’s Report, or be filed with the court within 90 days from the end of the trial. In this circumstance the terms to file an appeal is 45 days, instead of 15.

The Italian constitution requires that all sentences be accompanied by this Report, including appeal sentences. As we’ve seen with Judge Micheli’s Report on Rudy Guede’s trial, the Sentence Motivation Report must explain the entire rationale that the judges utilized to reach the decision. The lack of such report would invalidate the sentence.

Once one or more parties to the trial requests an appeal, within 15 days from the day such Motivation report is communicated, the competent court will then acquire all the documentation regarding the case. The court will then notifies all parties of the beginning of the hearing at least 20 days before the commencement day.

As mentioned above, the appeal process in Italy is a brand new trial where all evidence and testimony is analyzed in the same terms as the first trial. The standards are however higher. The president of the Appeal Court of Assizes is in fact a judge from the Supreme Court of Cassation (the members of the Supreme Court are actually called “Consiglieri”). The requisites for being one of the 6 jurors are also higher. They must be all holding a high school degree (in the first trial the minimum required is only a middle school education).



[Image Above: The Seat of the Italian Supreme Court of Cassation, in the Hall of Justice in Rome, also known as “Il Palazzaccio” or the Ugly Palace].

The extraordinary broad appeal rights awarded by the Italian system are all part of the 1989 reform, which intended to add even more guarantees to the right of the accused. This has resulted in an incredible increase in pending cases in the overburdened Italian justice system. According to the latest report to Parliament by Justice Minister Angelo Alfano the pending cases in the Italian justice system at the end of 2006 amounted to nearly 9 million cases.

Over 5.4 million were civil cases, and over 3.3million criminal cases. Of these 3.3 million penal cases, over 1/3 were first trials, the rest were appeals. Compared to the rest of Europe Italy’s pending workload amounted to 3 times the one from France, over 6 times the one of Germany, and 5 times the one from Spain. The criminal cases pending in the first trial alone are 1.2 million, a figure twice as large as the one of Germany, Spain and England combined!

This situation, coupled with the fact that the number of Italian magistrates is about the same as other similar European countries, has resulted in an incredibly slow process. On average a criminal trial lasts 426 days in the first trial, and 730 days at the appeal trial, a duration much longer than any other EU country. The Perugia case was therefore faster than average, having lasted less than a year.

This situation is exacerbated by the broad appeal rights guaranteed also on the 2nd level of appeal, at the Supreme Court of Cassation. Like other supreme courts around the world, such court does not re-examine the entire body of evidence, but only “˜errores in iudicando’ and “˜errores in procedendo’ (errors in procedure or application of the law).

However, unlike its American or English counterparts, the Italian Supreme Court cannot refuse to review a case, and defendants have unlimited appeal rights to the Supreme Court of Cassation. They don’t even have to wait for the Appeal Court. You can in fact appeal to the Supreme Court directly after the first trial.

To give an idea of what this creates I’ll cite some figures. The US Supreme Court renders annually about 120 decisions. The Supreme Court in England about 75. The Italian Supreme Court of Cassation issues over 30,000 sentences every year!! No surprise then about the huge backlog, in spite of the fact that the Italian Supreme court consists of over 400 judges (called Consiglieri), divided into various sections (each of 5 consiglieri), all nominated by the Consiglio Superiore della Magistratura (CSM), the Italian Magistrates’ self governing body explained in a previous post.

Besides the broad appeal rights granted by the Italian law, an ulterior incentive to appeal is given by the fact that Italy has a very high amendment rate during the appeal process. Approximately half of all sentences rendered in the first trial are amended during the appeal process, a percentage which is 3 times higher than France for example. The ones that are not amended often see a decrease in punishment.

No surprise therefore that Italians always appeal their sentences. And some analysts have even ventured to say that Italian appeal courts like to modify the sentences of the first trial just for the purpose of justifying their own existence.

Given these facts, coupled with the chronic lack of prison space, it shouldn’t be a surprise that in spite of the Cosa Nostra, the Camorra and N’drangheta (as the mafia is called in the various regions), Italy has maybe the absolute lowest prison population in the world in relationship to the total population.

Italy in fact has 66 inmates for every 1 million population, a figure matched only by Denmark, a country certainly not famous for their organized crime. By comparison, the US boasts a prison population of more than 750 inmates over 1 million inhabitants, a figure 12 times the one in Italy.

If Amanda and Raffaele really wanted to experience the thrill of committing a murder, Italy is definitely the place to do it, and get away with it!
 


[Image Above: Italian “Guardasigilli” (Justice Minister) Angelo Alfano]


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