I wasn't referring to witnesses or evidence in this case particularly. I was considering coulsdon's question about whether the public can influence ongoing trials and it occurs to me that there must be cases where the publicity of the trial has uncovered new evidence or witnesses. Or not. I don't know - would it even be allowed?
Point is, is he correct to suppose that outside or independent investigation cannot be introduced during an ongoing case (if that even is the best way to describe these years-long gaps between trials in Italy)
Actually, the antecedents of this very case provide just such an example.
In the Monster of Florence crimes, a defendant Pietro Pacciani was convicted at his first level trial in what was a national show trial, as detailed by Preston & Spezi in their book, "The Monster of Florence".
At the Pacciani's appeal, the case began to fall apart. The prosecutor at Pacciani's appeal argued in favor of acquittal because the case against Pacciani was such an obvious sham.
The lead detectives who obtained the initial convictions received high level career promotions, having snared a conviction under the theroy that the Monster of Florence crimes were the work of a satanic sect, and not a lone assassin, as an earlier branch of the investigation had held, and consistent with an FBI profile provided in 1989 to the Italians detailing a lone killer.
A new detective took over the 'Monster squad', Michele Giuitarri, who now was faced with the prospect of losing the one conviction in the MOF crimes, a disaster for the international reputation of Italian law enforcement.
On the day before the expected acquittal of Pacciani, Giuitarri and his squad arrested Mario Vanni, a postman who had been ridiculed ta Pacciano's original trial for claiming the two were merely, "picknicking friends", as Pacciai's accomplice in the MOF crimes.
As per Preston/Spezi/ MOF, (p.149); " The timing was exquisite. On the morning of February 13, the very day the appeals court judges were to announc their verdict, the newspapers were trumpeting the news of Vanni's arrest asPacciani's co-monster.
As a result, the great bunkerlike courtroom was like a volcano waiting to explode. The arrest of Vanni was a direct challenge to the judges, should they dare to acquit Pacciani.
As the proceedings began, a policeman sent by Chief Inspector Giuttari arrived breathlessly in court, carrying a bundle of papers. He demanded the right to speak. Ferri, the president of the court, was annoyed by this last minute move. Nevertheless, he cooly invited the emissary from police headquarters to say his piece.
The man announced that four new witnesses in the Monster case had surfaced. He presented them as greek letters: Alpha, Beta, Gamma, Delta.
For reasons of security, he said, the Tribunale could not render the names. Their testimony was absolutely crucial to the case - because two of these witnesses, the emissary told the stunned court, were
actually present at the double homicide of 1985 when the French tourists were killed. They had witnessed Pacciani at the very scene of the crime, committing the murders, and one had actually confessed to helping him. The others could corroborate their testimony."
Snip.
Long story short, the judge said if they gave their names they could testify. Giutarri refused to allow it, and the appeals court proceeded to acquit Pacciani. ISC overturned on the basis that the four algebraic witnesses needed to be heard. Pacciani dies two days before his retrial was set to begin.
Giutarri and Mignini may well have absorbed the lesson that the theory of a satanic sect being responsible for the MOF crimes, was worth pursuing, even though it had no merit whatsoever. Mignini would pursue the same theory on the word of the psychic Gaberiella Carlizzi, from 2002 until it was finally discarded in 2014, July of this year.
The 4 algebraic witnesses included a homeless prostitute who had turned tricks for a glass of red wine that costs 25 cents, a pimp, Lotti - a village idiot who testified against himself, and a serial witness later indisputably proved to be a liar.
Mignini and Giutarri were charged for their abuses in theri later investigations, including locking up Mario Spezi and creating an international embarrassment. But maintaining the fiction of Pacciani's guilt and the existence of a satanic sect being responsible for the MOF crimes is a lie the Italian judiciary is defending to this day.
Mignini seized on Amanda and Raf out of self preservation, and the willingness of the Italian judiciary, IMO, is nothing but an effort to avoid the embarrassment of allowing the MOF conviction to unravel, while at the same time easing Mignini out of a position where he could continue to injure scores of innocent people through his maniacal fabrications.
By the way, Giutarri's replacement at the squad in Rome was Giobbi, a man who can tell guilt by the eating of pizza.
So, I guess that's one example CouldsonUK. Not sure you'll find the analysis credible, but there you have it.
