
Category: The judical timeline
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.
In Close Parallel To Amanda Knox, Casey Anthony Faces Court Action For Falsely Fingering Another
Posted by Peter Quennell
Both recent images. Above the plaintiff Zenaida Gonzalez; below the defendant Casey Anthony
Amanda Knox provisionally got off on the main count (the murder of Meredith) but anyway was sentenced to three years (which she served) for fingering Patrick Lumumba.
Casey Anthony definitively got off on the main count (murdering her infant daughter Caylee, see previous posts) but anyway was sentenced to some time in prison for time-wasting and expensive misleading of the police officers.
She received no sentence for falsely fingering a nanny, Zenaida Gonzalez, for making off with Caylee, and as she had never even met Zenaida Gonzalez it is unclear how she came up with Zenaida’s name.
The Orlando Sentinel reports an issue is whether or not Anthony identified Gonzalez specifically enough when she talked to her parents when they visited her in jail.
Anthony’s attorney said details offered by Anthony did not match Fernandez-Gonzalez and clearly showed Anthony wasn’t talking about her. Gonzalez’s attorneys say she still was damaged as the only person with that name interviewed by investigators.
Fernandez-Gonzalez had never met Anthony. Investigators believe Anthony may have seen the name on an apartment rental application.
During Anthony’s trial last year, her attorney Jose Baez said Anthony made up the story about the babysitter and that Caylee truly drowned in the family pool. Anthony was acquitted of murder and other serious charges.
Nevertheless, yesterday a judge in Orlando, Florida, ruled that Zenaida Gonzalez may sue Casey Anthony for defamation of character, and the case is scheduled for January 2013.
In Amanda Knox’s case she absolutely did know Patrick Lumumba, her kindly employer who gave her a job without a work permit, and she and her mother let him languish in prison for several weeks.
Pretty hard to look worse than Casey Anthony, but in her cruel act of framing Patrick, Amanda Knox certainly does.
The Irony In A Legal Standoff Between Italy And (Normally Its Good Friend) India
Posted by Peter Quennell
[Above: Cantilevered fishing nets. There are hundreds of these along the ocean shore and harbor of Kochi.]
Images here are of the beautiful and comparatively wealthy south-west India city of Cochin (Kochi).
Also of an Italian oil tanker, the Enrica Lexie, which was ordered into the Kochi port mid-February by the Indian coastguard. Two Italian marine snipers guarding the tanker en route from Singapore to Egypt had shot two Indian fishermen on a small tuna boat assuming they were pirates.
The marines do seem to have been rather quick on the draw, and in contravention of a new IMO law of the sea saying violence during such incidents must be kept to a minimum. The tanker had apparently already been attacked once that day; shots had apparently been fired then too.
Indian accounts say India has behaved reasonably. The incident was in an area the Indian navy makes a serious effort to keep safe (images also below) even though most ships cruising along the busy sea-lane off Kochi (map below) don’t touch base in India and provide no benefit to the Indian economy.
The Italian tanker has been released now and is on its way, but the two Italian marines are still under house arrest in the house shown below, while a discussion between the two governments continues over where they should be put on trial.
The Italian government is arguing that as the marines are military personnel therefore Italian military law trumps Indian civil law and they must be put on trial in Italy.
Okay. Now for the irony. Read the posts here and here. The US government made the same argument twice against Italy, and to say the least Italy was not too happy.
Pssst. Don’t tell India.
At bottom: Another Italian ship in trouble in the Indian Ocean. This is the fire-stricken Carnival cruise line ship Costa Allegra (yes that Carnival cruise line) unloading its disconsolate passengers in the Seychelles.
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.
The Learning Experiences Emerging From The Carnival Ship Disaster Off Italy’s West Coast
Posted by Peter Quennell
Value migrations force better systems upon us, and so the human race progresses…
Check out first what seems to be happening to value as a result of the Costa Concordia wreck, as reflected in the stockmarket chart just below. Stockmarkets and currency exchange rates constitute the value votes of a lot of watchful people trying to decide where to put their money.
Italy has no independent currency any more, so Italy sorely lacks that other very useful value indicator and safety valve. But stockmarket behavior is telling us a lot both about Italy and about the Carnival cruise line.
In the past three months during which the main American index, the Dow-Jones (red curve), gained an okay 8 percent, the Italian stockmarket index (green curve) gained a very impressive 30 percent.
The main news out of Italy in those three months was (1) the austerity plan, which in theory is setting the stage for future growth (toward which there was some cynicism), and (2) the recovery from the wreck of the Costa Concordia (toward which the doubts were even greater).
You can see a slight blip down in the green curve immediately after the wreck, but then Italy continued with speedy value migration inward. It seems fair to say “Well done Italy. You’ve received votes of international confidence on both fronts.”
Carnival, however, rather less-so.. The blue curve is the stock price of Carnival Cruise Lines and it’s still down about 12 percent since the wreck happened which is about $3 billion off Carnival’s market valuation. All cruise lines seem to have taken something of a hit and are likely to encounter other heat to make sure they all keep improving.
Check out now what is happening to systems.
It seems clear that the captain was steering the ship while he was a bit tiddly while showing off to what increasingly appears to have been his girlfriend by his side. By international and Carnival rules (1) the captain should not have been drinking, (2) he should not have been five miles off course, (3) the Moldovan dancer should not have been on the bridge, and (4) the captain should have been a lot more careful in his navigating.
So four systems at least were violated.
Then when the ship was beached - there is some uncertainty as to whether this was deliberate or whether the captain was just putting the ship in shallow water - (5) damage to ship bulkheads was much more than expected, adding to the high number of deaths, (6) the lifeboats were almost impossible to launch, and (7) the evacuation procedures almost totally broke down - in part because there had been no evacuation drill before the ship left the port of Rome, and in part because the captain went awol and was already standing on the beach.
That is far from an exhaustive list and systems changes implemented after the 9/11 attack numbered up in the hundreds - military responses, building techniques, city preparedness, corporate distribution of their people and physical assets. We will see the same happen here.
Right now we are watching what appear to be two very efficient systems cutting in and doing their work. One is the recovery of the oil from the ship and then the ship itself. And the other is the Italian legal system, which is going to be kept busy with this one for years.
There is increasing evidence that the single Moldovan dancer and the married captain were having some sort of affair. She briefly admitted as much, telling a court she loved him, and the searchers and divers may have found her effects in his cabin.
He may now face 2,500 years in prison to reflect on the importance of respecting systems and the value of peoples’ lives. .
A Famous Black Widow Confirms What MP Girlanda Told Us First: Italian Prisons Are Pretty Nice Places
Posted by Peter Quennell
Florence is 70 miles north of Perugia along a winding roller coaster of an autostrada which everyone drives at great speed.
If you take more than 1/2 an hour you are a sissy. (Just kidding.) The global luxury goods empire House of Gucci with stores in New York, Shanghai, and many other main cities was founded in Florence in 1921.
In 1998 Maurizio Gucci the grandson of the founder who was then aged 46 was executed by a hit man in Milan.
He had sold financial control of the empire he had managed to greatly expand to a Bahrain group in 1993 and then turned to doing other things. That included several girlfriends or mistresses which greatly distressed his wife.
Patrizia Reggiani was subsequently tried for initiating the hit and she was sentenced to 29 years which was reduced on appeal to 26. Nick Squires in the Daily Telegraph picks up the story from there.
Patrizia Reggiani has been in jail ever since being convicted of the killing in 1998. More than a decade later, she was the prospect of day release from Milan’s San Vittore prison, if she will accept a menial job such as working as a waitress.
But the 63-year-old, whose extravagant tastes included spending 10,000 euros a month on orchids, told a court in Milan: “I’ve never worked in my life and I’m certainly not going to start now.”
Her peremptory refusal of the day release deal echoed one of her more famous quotes: “I would rather weep in a Rolls-Royce than be happy on a bicycle.”
Instead she intends to serve the rest of her 26-year sentence in her jail cell, where she reportedly lavishes affection on a collection of pot plants and a pet ferret.
She will continue to be allowed to make twice-monthly visits to her ageing mother, who lives in a lavish palazzo in central Milan ““ a reminder of the cosseted lifestyle Mrs Reggiani used to enjoy.
A not-unpopular figure in Italy, she may soon be depicted by Angelina Jolie in a new Ridley Scott film to be called “Gucci” with Leonardo di Caprio as the hapless Maurizio.
The description of Patrizia’s prison life comes with no surprises. If you are going to be a prisoner anywhere in the world, Italy does seem the place of choice. .
The prison population is very small (proportionally only 1/6 that of the US) and prisoners often get their own bathroom and even a kitchen attached to their cell. They can watch TV and walk outside (in many prisons cell doors are kept open all day) and get their hair done professionally and attend rock concerts and plays. They can learn a trade if they lack skills, study for a degree, and even work on a computer all day.
Knox and Sollecito are believed to have done all of these things. Not least because the Italian MP Rocco Girlanda often visited Knox in Capanne and publicly told us all so. Mr Girlanda regularly visited to inspect conditions and then he declared Knox to be very well off. (He in return ended up with enough material for a book which nowhere depicted prison life as hell.)
These sob-stuff stories on torrid life at Capanne suddenly emerging from Seattle sure smack of an instant rewrite of history. Perhaps Angelina Jolie could check them out.
[Image at bottom: the Gucci museum in Florence which recently had a celebrity opening]
Perugia Prosecutors In Italian News Daily For Formidable Investigations Into National Government
Posted by Peter Quennell
The apartment one down from the top in the above shot belongs to Claudio Scola.
Very expensive property. It has a prize view of Rome’s colosseum especially (image at bottom) at night. Up to a couple of months ago Claudio Scola (first image below) was the economic development minister in Silvio Berlusconi’s hard-pressed national Italian government.
He then had to resign.
He is under investigation for apparently accepting major renovations to that apartment as a freebie after he purchased it several years ago. Various parties on the giving end of this seeming large bribe for political favors are being investigated. The one most in the Italian national news is Diego Anemone (second image below).
Perugia prosecutors were handed the case by Rome prosecutors because Rome prosecutors choose not to handle cases involving national parliamentarians. They prefer that political investigations do not get slimed, demonized, or otherwise leaned-upon.
This is not something that ever seems to bother the formidable Perugia prosecutors, who have a good national reputation for never blinking.
The Claudio Scola case is tangentially connected to their ongoing investigations into political bribes at the national level for construction contracts related to the 2006 winter Olympics and the city partly leveled in the 2010 earthquake in the Appenine mountains.
In fact Perugia prosecutors are presently the most high-profile of those of any provincial capital in Italy. Their investigations are being reported upon almost daily in this case that could see PM Berlusconi’s grip on power relinquished.
They also have an outstanding record of non-reversals of their convictions by the Italian Supreme Court. The Knox and Sollecito defense teams are fully aware of this and have been ultra-careful never to raise questions about the prosecution.
And they have been spinning their wheels on the hard evidence. Unlikely they’d take bets on their winning the appeal. Signs are they realize they are cooked.
Jennifer Ford Is The First Juror To Speak Out On The Casey Anthony Acquittal
Posted by Peter Quennell
US Kidnapping Victim Gets Justice After 8 Years Despite Defense + Perp Groupies Gaming The System
Posted by Peter Quennell
A 14-year old Mormon girl, Elizabeth Smart, was kidnapped from her bedroom in Salt Lake City on June 5 2002.
On March 12 2003 she was found alive with her abductors on the streets of a town about 18 miles from her home. Her abductors were Brian David Mitchell and his wife Wanda Ileen Barzee.
A couple of weeks ago, Mitchell was finally handed two life terms at trial.
It sure was a strenuous process getting there.
The defense had great success over the years in lining up a number of mental health specialists to say he was not well in the head, and should of course be committed to their institutions rather than prison where, presumably, they would cure him.
Elizabeth Smart and her family and the cops and prosecutors and many or most of the American public never ever bought Mitchell’s insanity act for a moment. There grew to be a small mountain of evidence that he was faking it. He was observed to turn on and off bizarre behavior whenever it served him..
But many others, some naive do-gooders and some very nasty did buy Mitchell’s act. And in the video at bottom you can see how the defense tried to argue that Elizabeth Smart herself was not REALLY affected by her ordeal and so Mitchell should get a break on the length of his sentence.
In this case Wikipedia has an excellent and impartial account of the psychological testimony. The defense portion of the trial, which ultimately failed to convince the jury:
Many stipulations were presented and many lay witnesses where called covering Mitchell’s alleged sanity and his alleged insanity. The defense relied most of all on the testimony of two mental health professionals, Dr. Paul Whitehead and Dr. Richard DeMier. Dr. Whitehead is the clinical director of the forensic unit at the Utah State Hospital and studied Mitchell extensively since his arrest in 2003 and concluded that Mitchell suffered from a delusional disorder which made him both incompetent to stand trial and not responsible for his crimes. Dr. DeMier testified that Mitchell suffers from both grandiose and paranoid delusions which he characterized as bizarre however he offered no opinion as to what Mitchell’s mental health was at the time of the crimes between 2002 to 2003 because he only analysed his mental state as of 2008.
And the prosecution portion of the trial which won the jury over.
A total of seven lay witnesses were called to testify on December 3, 2010 regarding Mitchell’s cruelty and religious beliefs including his two former step daughters who testified that Mitchell abused them long before he claimed to be “Immanuel” or a prophet… A US Marshall who escorted Mitchell into the courtroom each day testified that Mitchell only sings inside the court room. The officer also said that Mitchell spent his time in the nearby holding cell following proceedings, napping or exercising. Mitchell’s behavior outside the courtroom changed only when his wife Wanda Barzee testified with Mitchell standing as close as possible to the monitor, not moving during the duration of her time on the stand….
The prosecution’s last witness was Dr Welner, a forensic psychiatrist from New York City, who spent more than 1,600 hours working on a report on Mitchell…. Dr Welner testified that Mitchell does not suffer from a mental illness, but rather pedophilia, anti-social personality disorder and narcissistic personality disorder adding that to know Brian Mitchell is to be fooled by Brian Mitchell. Amongst other things he testified that Mitchell would abandon his revelations when it suited him which showed they weren’t sincere and that Mitchell used blessings to control his wife and used threats and force as a way to control Elizabeth Smart.
A life sentence eight years in the making. Nice to see a prosecution stick to its guns and achieve justice, despite such strenuous attempts to derail it.