Who released the photo?
The question itsef is wrong; it should be 'who released the photos'. Because it was not the release of a photo we are talking about. It was the release of a package of about 30-40 photos at least. I don't recall the number exactly but it was many tens.
They were not released to a newspaper.
As we found out years ago (now I don't remember what page it was, maybe on Dempsey's blog) the photo set was released to a photo agency (a British one if I recall correctly).
The Daily Mirror (I think that was the tabloid's name) simply bought the photos. And picked up one that was suitable to make their graphic cover and make up a story, just for sale.
So, in fact, the first thing that you shold point out and emphasize (if you were honest and not propaganda activists) is that nobody ever 'released a photo to a newspaper': you should point out that release in fact occurred in at least a two-stage process: it was a set of photos released, not a picture; and not to a newspaper, but to a press photo agency. The decision about which photo to publish and how to use it, therefore, has nothing to do with the person/s who released the photo.
Now the subsequent question: who released the set of pictures to the photo agency, obviously cannot be answered.
Because that set of photos was depositated at the preliminary investigation office and even before that it was accessed by lawyers from all parties (Lumumba, Kerchers, apartment owners, defendants). And therefore, it was not secret.
Whas it a police officer who sold the pictures set for money? Was it a clerk's office employee? Was it a lawyer (or someone among their teams) or a family member? Was it a PR firma like Gogerty Marriott itself?
It's impossible to tell.
Many of these people could have done this without violating any law.
What does not make sense, it is to attribute the leak to the prosecution. This is simply the everyday documentation leak in Italy which is the consequence of the fact that the system is not protected. Whenever information is depositated into a preliminary investigation file, it is leaked. Always.
But above all, what it does not make sense is to figure that the purpose of the leak could be to influence the Perugian court (btw, the picture was never published in Italy); or the public opinion anywhere. The idea that this could be the purpose of the leak, or that the tainting of judgement could be the effect, this is the nonsense.
This is the part of the reasoning which is foolish and nonsense.
I was quite astonished by the fact that some non-Italians apparently failed to see how nonsense this theory is.