Mr. preliminary hearing judge, the prosecutor must draw his own conclusions, at this hearing, in relation to a crime whose severity and brutality is well evidenced by the extraordinary interest that this tragic incident has aroused, we can say, in the whole world.
There was talk of "global crime," alluding to a story that has emotionally involved national and international public opinion, especially in the latter case, in the latter adjective (International), those of English-speaking countries in he belonged to the victim, the young Kercher Meredith Susanna Cara and belongs to the defendant Amanda Knox.
It is a court case that took place and continues to be, under the media spotlight over the world, with all the problems that this has involved.
The media exercising a fundamental and indispensable in a democratic order. I must say that, subject to certain exceptions, the same, both Italian and foreign, have played a task that must balance each other very well, and it is not easy, with the opposite and equally essential need for secrecy of investigation reports.
You can not ignore, however, that there were other interventions abnormal, harmful, often severely, individual rights and, unfortunately, numerous violations of the secret investigation, which caused some damage to the investigation because the violation of the precept of art. 326 Č.p. brings with it, as an element unfailing, a bias to the activity of investigation and often incalculable damage to those affected by pain that no judicial ruling will fill and the same suspects and defendants.
At the preliminary hearing, during the questioning of the witness Barrow but also that of Kokomani, there was a scandalous phenomenon, that of commercialization concerning pleadings and in particular questioning of persons informed about the facts: faced with offers of money to make interviews or to participate in television programs, there is one who has correctly refused to lend itself to advances so shameful and who has even solicited. But on the other hand, there has always been an attempt to move the "management" of the story of extraprocessuali channels, often in order to demolish the work of the investigators and the ascertainment of the truth of the facts.
They can not keep silent also instrumental attacks and unspeakable that were addressed to the investigators, especially the organs of the Judicial Police and the service of the Scientific Police of the Central Anti-Crime Police State, who took advantage of the bond's absolute discretion burden on the investigators themselves and the opposite, free opportunity for defenders and CC.TT. private parties and "defenders" of supporting them, to participate in all kinds of transmissions and make all the interviews and statements which they intended to make.
An attempt was made to arrive at a "cognizzazione", if you will pardon the neologism, the murder in Perugia, not to allude to the outcome of the judicial proceedings, but to the'' media trial "of the murder of the boy Samuel.
Often, some media outlet or some "expert" or "lover", national or not, he did not know one iota of procedural documents, ignoring casually, presumptuously and superficially (explosive mixture!), As has become custom, that investigations are performed by the prosecutors and the police and judicial rulings that must be complied with by now unchangeable dell'Autorittà judicial, talked, about the murder in Perugia, a "cold case" (I happened to hear it so often define television), like other crimes (such as, that of Garlasco), trying to bring "water" to the mill of some of the defendants at the expense of others.
I omit the abnormal actions of the parents and relatives of the two defendants, interventions that can also understand but who expressed complete ignorance of procedural rules and substantive and the performance of the same investigation.
However, certain sectors and not, often overseas, have not stopped to this .... the presumption is a widespread disease against which there is no cure, unfortunately, when it is associated with it, inevitable, superficiality.
No, they went further: they attacked in an unseemly, with absolute lack of arguments and impressive superficiality the judicial system of this state, the only one, I remember, having jurisdiction over this matter.
But it is not yet enough supported by some well-known crime writer, who is totally without legal culture species of foreign legal systems and terrorized by nonexistent expulsion or arrest on comparisons (which undoubtedly exist only in his fertile imagination of writer) and supporter
faith-based theories of investigative now definitively repudiated at the judicial level and slanderous for innocent, they tried to tie instrumentally this crime of Perugia heinous and cruel crime stories, as disturbing, polluted and sordid, happened not far from here and the ramifications of such local events . In particular, they are literally invented references to ill-defined "conspiracy theories" to explain the involvement of the judiciary Knox and Sollecito, next to (according to them) and only really in charge of the boy of color, as if these characters for the crimes they should commit always and only by individuals and there were no crimes committed by criminal associations (and I, of all people, those of "Cosa Nostra"), except in perspectives "conspiracy", which I have not yet figured out exactly what it means and what it alludes . 1 References to these "theories" I've read in a strange blog open to coincide with November 2 07. This happens when one attempts to approach the varied criminal reality of our time with the lens distorting the preconceived notions on which to indent to force reality, a priori "conspiracy" or a priori "anticospirazionisti" does not matter.
Obviously, the minds of this operation are, however, in Italy, not in the United States.
They said, mostly from 9,000 cliilometri away, less frequently from 5000, perhaps even without knowing a word of the pleadings nor the complexity of the Italian legal language: we have it all figured out. From here, we have it all figured out: there is only one person in charge, the black guy, the others have nothing to do. We'll tell you.
I am still shocked and appalled by this attitude. This is the first time I came across it and I do not think I will find myself again in front of such presumption and superficiality.
A minimum of experience, prudence, caution should prevent similar summaries, cast by 5000, but more often even from 9,000 miles away.
And all this without spending a single word about the fact that the custodial orders have been confirmed in all their assumptions by the Court of Review and the First Criminal Chamber of the Supreme Court!
Overflight of other, more serious, incredible and repeated episodes of interference. I will just say that would be inconceivable in Italy and we are certainly not a perfect country.
We Italians, like all peoples of this world, some more than others, we have our flaws. And one of they, in my opinion, the greatest and the most limiting, is the xenophilia and self-pity, very serious limitation: the idea that others do better and that the systems are better and the other must necessarily be imitated. The reality and the experience of this story justice - media should suggest rather more realistic and discernment.
Indeed, I believe that good and bad are widely distributed among all the peoples of this world and that everyone should adopt the systems, especially courts, in conformity with its own identity and its own history, without necessarily imitating others.
No one in Italy, one would have dared to vilify and attack with such impudence and shamelessness to investigators, for example, U.S.. With us there is sport, now more and more in vogue, to attack wherever and however the Italian magistrates, especially the Public Prosecutor, but no journalist, for example, Italian, no operator in the Italian legal system would think to defame and slander an American prosecutor who is investigating an accused Italian. No one and rightly so. To these, yes! And not only the prosecutor but also the GIP, even the Court of Review and the judges of the Supreme Court who have shared in full all the conditions of custody orders!
And today, on these ordinances and judgments, has dropped the tombstone (for the defendants) of the definitive and incontestable.
You can share or not, but no one in Italy and elsewhere can afford to say that the two defendants against Knox and Sollecito (which are those for which one beats the drum media) there is evidence to justify pre-trial detention and that ' only one who deserves prison is the "bad guy", the black guy who does not enjoy obviously many sponsors at the international level.
He searches for the fight ... the provocation, hoping that it could reach something positive for the Knox and Sollecito and why you could download all the colored boy whose defense has the merit of an absolute professional integrity.
We have tried to get rid of, through slander, by these worthy disciples of Don Basilio, not only men and women of the squad that played their role very well, we tried even to get rid of this but especially in other legal proceedings, the
Public Ministry, but no one delude himself: no one has abandoned and never leave his place. Be very clear to everyone, in Perugia and elsewhere.
Yet, despite the difficulty, almost impossible to work with serenity and tranquility, despite all the obstacles and disturbances, despite the loose cannons of this and other legal proceedings that we wanted to tie in the first, it took only eight months to conclude the investigation, send alerts pursuant to Art. 415 bis of the Code of Criminal Procedure and request the trial of the three defendants and precautionary measures, as has been said, but it must be repeated, were all on time and strictly upheld by the Court of Review and the Supreme Court, which, too often, detractors, Italian and not, investigation, have concealed and casually passed over in silence.
