03/03/00Wednesday February 23
Marini trial adjourns
The address by the prosecutor of the first degree of the trial is finally over and with it we have the request for the sentences. There will be three degrees of the trial so this is only the beginning. Marini began his summing up by talking about the Milan incident, then spoke of the general activities of the ‘organization’, its political character, the danger of anarchist ideas (those of these particular anarchists), then gave the list of sentences requested.
According to the accusation, documentation found during investigations shows that it was the intention of the ‘organization’ to commit crimes, the shining example of which was to be found in numerous copies of the "Manual of the explosiv(ist) anarchist" the introduction to which states in bold letters that "destruction is the summit of anarchist thought". Completing the picture of the destructive plot was the falsification of the publisher and the (really inexistent) place of printing. The common element of subversive virulence also emerges in confiscated posters (the posters against Marini all over Italy, those against Vigna, the dossier about the trial in Trento).
As Marini sums up he also refers to other confiscated material, demonstrating the progressive dangerousness of the anarchist ideas of this band - the polemics and the attack on the FAI, extracts of Alfredo Bonanno’s deposition ("We don't want to change the State, we want to overthrow it." as
The P.M. continues, saying that "these people don't just talk, we found application of the directions of the aforementioned
manual in the attacks on the Euroforce barracks in Florence, claimed in
stencilled letters sent to Radio Populare as was done in Milan for the attacks on Palazzo Marini (he refers to the anarchist Patrizia Cadeddu who has been convicted and sentenced to 5 years for delivery of the letter).
He remembers the courtroom declaration of Stasi and Garagin who announced that they belong to an armed anarchist organization, then launched into Pindaric flights ideologically connecting the ascribed to the other extremists (7 April), "..who fanatically interpreted the dreams of others, meanwhile they would kill" (remembers Giudo, Rossa, the Moro case). He laments the ideological garbage of "these anarchists" who do not accept the democratic method of dialogue, syndicalism, the social order, he remembers the 70s. the season "that made us cry, evoking a rhetorical hope that others won't "receive these invitations of death."
Then we enter the heart of the trial: Marini explains how he had proceeded with the inquest by dividing the accused into 2 blocks, those who are engaged in apparently legal activity and those who are engaged in
clandestine activity (naturally he immediately added that no one could
guarantee that those who appeared in the first had never had any connection
with clandestine activity, on the contrary). This is the heart of the inquest, and the trial, why the charges, explaining clearly what is understood as subversive association, and how it is possible to be investigated for subversive association.
Then he continued with a "mea culpa" for not having insisted on finding proof in the investigation of Silvano and Baleno ("maybe it wouldn't have ended up that way now...") No comment.
The theory:
subversive association and armed band are ongoing crimes, still existing. He laments the release of the arrested due to procedural errors, another element that in his view concurs with the continuing activity of the band, however he declares that even in jail the accused have continued their subversive activities, showing the persistence of the associative link: proof is a vast correspondence between them and the members who are free (he reads excerpts from several letters, many of which are completely made up).
…In this band there are no leaders, there is no need to demonstrate the existence of leaders, only followers, this cannot block us from the legal formation of the penal code. The fact is, we find ourselves in front of a criminal progression: the group initially delineates itself around the idea of bringing down institutions (subversive
association) thus it evolves following with violent acts perpetrated for
subverting the constituted order ("also against you gentlemen popular
jurors!") so they arm themselves to finance themselves and finance other
crimes (armed band).
"The group is formed with the tried method of compartmentalization at two levels: one open and apparently legal (propaganda, proselytism, Social Centers as recruiting places), the other hidden and illegal ("Without any guarantee that the members of the first don't, as we heard in this same courtroom in the trials that took place in the 70s, pull down a balaclava and also go and commit robberies."
Simply calling it an informal organization: doesn't change anything. We have a threatening letter to the poor doctor Torino jail calling it ORAI. Call it AR, does that change anything? Nothing. Anarchist organization is enough. The name does not change the substance; we are not barricading ourselves behind misunderstandings. If the name doesn't exist it makes no difference. Independently of that which maintains the associative links. "
Marini explains that this law, created in '79, is based on the concept of anticipated punishability, the same type of crime as political conspiracy." This Article of law - he claims - was born not form the fascist Rocco code, but from democratic legislature.
Here is the essence of this investigation, this trial: that where Marini hiself said: THE INTENTION IS ENOUGH . Because with anarchists, still using his words, "you cannot prevent actions from following ideas" and the State cannotstand looking on while they declare violent attack or prepare to make it right into its very structures. This is the only thing that a democratic State
cannot and should not tolerate; the presumption of danger is enough.
"This is what Bonanno and the insurrectionary anarchists want, and it is not necessary for violent acts to manifest themselves, they don't necessarily have to take on the aspect of a crime: the political gesture is enough."
This is how much clearer and more frank the discussion in the courtroom of the tribunal has become: according to Marini it is not necessary for an individual to break the law. It is enough to write things like the leaflets that he quoted from, the posters, the pamphlets, because it's clear that what the authors say plainly in a radical manner - therefore inevitably destined to lead to a practical and violent act - is in radical contrast with the constitutional and democratic method. It's enough to adhere to a similar thesis. The crime of participation in a subversive association does not require a relation with all 'members' nor with every episode: expression is enough, even without taking part in or explaining a particular activity.
These are clear and unequivocable words, not without their own logic: that of the Reason of the State. The State can
permit anything except that which might overthrow it.
The request of the Public Prosecutor Marini, is divided into three groups: those that belong to the armed band, those who are to have promoted, constituted, organized and participated in the armed band, without division between leaders, directors, followers etc.; the second are charged with participation in subversive association; the third, are charged with marginal specific crimes (robbery, receiving stolen goods, crimes that lay outside the political sphere).
For reasons of time, in the first group, the crimes they are accused of are single episodes attributed to the activity of the band, i.e. robbery, murder, etc. Let's note that the requests for imprisonment are related to the crime of destruction (though it may be non-existent, i.e. the explosion in Prenestino of the car bomb that killed the anarchist Luigi De Blasi who was preparing it). The members of the second group are charged only with the crime of association.
Charged with the crime of armed band:
ANDREOZZI 4,8 (4 years, and 8 months)
BERLEMMI 6
BONANNO 14
BUDINI 10
CAMENISCH 8
CAMPO penitentiary + 10 + 6 months of daytime
isolation
CORTEMILIA 4,8
FANTAZZINI 8
GIZZO 8
GARAGIN penitentiary + 30 +
1,6 months of daytime isolation
GUGLIARA 4,8
LO FORTE 4,8
LO VECCHIO 30
MANTELLI 10
MONREALE 5
NAMSETCHI 2,6
NANO 10
PORCU F. penitentiary + 30 +
1,6 months of daytime isolation
RICCOBONO 8
RUBERTO 30
SASSOSI 8
SCROCCO penitentiary + 30 + 1,6 months of daytime isolation
SFORZA A. 18
SFORZA F. 3
SFORZA M. 3
STASI 10
STRATIGOPULOS 8
TESSERI 10
TZIOUTZIA 8
WEIR 8
for all of the above the increased charge of 'purpose of terrorism' is added
.
Participation in subversive association:
ANZOINO 2,6
AVENALE 1,6
BENIAMINO 1,6
CAVALLERI 3
COSPITO 3
DE PASCALI 1,6
DI MARCA 1,6
FRISETTI 2,6
MASCHIETTO 1,6
PALAMARA 3,6
PORCU P. 3
RANERI 1,6
SCAPUZZO 1,6
SCOPPETTA 3
SFORZA R. 1,6
SGARAMELLA 1,6
For all of the above charge of 'purpose of terrorism' is added.
Charged with specific crimes:
DI FAZIO 3
FALCO 4,8
FONTE 4
MAROTTA 3,6
MARTINO 4,6
PIO 8 months
RICCI 3,6
These are the requests. In the next hearing, the one that precedes the decision of the court the defense will intervene (the lawyer Calia will intervene),
it will be from the 4th to 7th of March, also in the bunker of the Foro Italico di Roma.