Headsup: In “Talking To Strangers” Malcom Gladwell lied to his readers with an inaccurate and venomous attack on Italian justice that gives aid to the mafia. Below is the ninth of about a dozen posts providing the ACCURATE information Gladwell should have done. Series starts here.

Thursday, April 02, 2009

Criminal Charges Almost Certain For Serious Disrespecting Of Meredith

Posted by Jools



[above: the Telenorba reporter who may soon be among those facing charges]

Raffaele Sollecito comes from Bari. Precisely one year ago, the local Bari TV station Telenorba did the almost unthinkable.

It broadcast some crime-scene video of Meredith. They showed her lying half-naked on her back on the floor, with the wounds to her throat clearly visible.

The footage was then picked up by the Italian state broadcaster, RAI, and it was rebroadcast a number of times.  Still shots ended up in a number of newspapers. And a video of the broadcast ended up on YouTube where (as of this morning) it still remains.

All of which now appears almost certain to attract a number of criminal charges.

Here is Richard Owen of the London Times describing the broadcast one year ago.

Relatives of Meredith Kercher, the British student murdered in Perugia in November, were said to be shocked and distressed last night after images of her bloodied corpse were broadcast on Italian television…

Telenorba, which showed the footage late at night, warned viewers that it was disturbing and suitable only for adults. It showed police scientists in white protective clothing pulling back the duvet to reveal Ms Kercher’s body and slashed throat, and turning the corpse over to examine her bloodied back.

Her eyes were covered by a mask. RAI did not include this part of the footage in its news broadcasts.

And here is the report in the Daily Mail also one year ago.

The Kerchers’ lawyer, Francesco Maresca, said: “This is an example of gross journalistic misconduct, which evidently violates all the rules of how to report a story….

Anna Maria Ferretti, the director of the leading Italian TV programme Antenna Sud, said: “For five minutes of television, the ultimate taboo has been broken without any shame.”

Italy’s Order of Journalists has asked for the video to be confiscated so that it is not shown again and a repeat of the programme that had been due to air on Tuesday night was cancelled…

Enzo Magistra, the editor of the programme, defended the show and insisted it had not meant to cause offence.

He said: “When I decided to transmit the images of Meredith’s corpse, I did not have the least intention of violating anyone’s dignity, but merely to do my job with respect to an important event.”

Sparked by a complaint from Mr Maresca for the Kerchers, the Perugia prosecutor initiated a one-year investigation.

And yesterday the outcome was announced. This is a translation of the report in La Nazione.

The prosecutor of Perugia has served notice of the completion of four investigations into Raffaele Sollecito’s family members and two journalists of the TV station Telenorba on the transmission of a forensic video in which the body of Meredith Kercher wa shown…

The report on the investigations (usually a prelude to a request for trial) indicates crimes were committed of defamation, invasion of privacy, publication of arbitrary acts of investigation and publication of gruesome acts.

According to the reconstruction by the Perugia prosecutor, the father and sister of Raphael Sollecito had legitimately obtained the scientific survey of the police, and had then illegally provided it to Telemundo.

The report also cites a journalist and the editor of Panorama for the publication of an article in which they reported that blood samples from Meredith had revealed an alcohol concentration above the legal norm - implying she was drunk when she was killed. This claim was proved a lie in the course of the forensic tests.

And this is a translation from the AGI news-service website.

Eight “notices of termination of the investigations” have been reported by the public prosecutor of Perugia…  Four Sollecito family members, the TV journalist on Telenorba and the director of the station, are accused of the crimes of defamation, invasion of privacy, publication of documents during the investigation, and publication of gruesome acts….

According to the reconstruction, the Sollecito family members delivered to Telenorba the video and photos of the crime scene survey carried out by the forensic team on November 2 of 2007 in Meredith’s house. Telenorba then put the material on the air.

Other investigations are on-going.

The YouTube video of the Telenoirba broadcast as of this morning had had over 9,000 looks. It is in an area for adults only, and it requires registration to get in.

Notwithstanding, these are typical of the angry comments in Italian that appear right under the video.

This video is a disgrace to every individual. There’s a girl who is no more, a family suffering for this, and now has to suffer public humiliation ... Let us never forget that the right to dignity and decency of the victims, especially if already dead.

*********

The video should be removed. The right to record is in conflict with the respect and devotion of the deceased. The publication of such images add nothing to the journalistic chronicle

Mr Maresca, who is in legal practice in Florence, appears to us to have fought hard for the rights of Meredith and the Kerchers.

He put the case for a closed trial (which the Knox and Sollecito forces bitterly fought) and he won the court’s agreement that the most disturbing segments at least would be closed to the journalists and the public. 

Here is the Times report on his battle then with the defendants’ families.

Mr Maresca said Italian law provided for trials in cases of sexual violence to be closed to the public, at the discretion of the judge. He said that showing graphic photographs and video footage of Ms Kercher’s body and the murder scene in open court could do injury to her memory.

Mr Maresca said that 280 journalists had been accredited for the pre-trial hearings, which were held in camera. This led to reporters and photographers trying to snatch pictures of the accused as they arrived and left the court, with defence lawyers and prosecutors besieged by the media outside the courtroom.

And to counteract the massive and pervasive spin being put on every development in the trial, Mr Maresca has been sharp and outspoken on what the growing body of evidence implies.

Other apparent attempts by the Sollecito family to interfere with the course of justice, as suggested in telephone intercepts, are still being investigated by the Perugia prosecutor. Mr Mignini is famous in Italy for fighting for victims’ rights to the maximum.

Mr Maresca is clearly doing a fine job in protecting Meredith’s dignity and the peace of mind of her poor family.

And this throws a MAJOR shot across the bows of the families of the defendants, if they incline to further disparaging of Meredith.

[below: the Kercher family lawyer Francesco Maresca; his office is in Florence]