12
The code of criminal procedure requires that at
least twenty days elapse between the announcement that inquiries
have been concluded and the application for committal for trial.
The public prosecutors nearly always take much longer. Months,
sometimes.
Cervellati filed the request for committal on the
twenty-first day. Obsessive punctuality was typical of him. You
could accuse him of practically everything, but not of letting
documents stack up on his desk.
The preliminary hearing was fixed for early May.
The judge was Ms Carenza, and all in all it could have been
worse.
Among us defence lawyers La Carenza was considered
one of the good ones. The shortened procedure became an
increasingly interesting possibility. Abdou really did have a
chance of getting off with twenty years.
In about 2010, with good conduct, he would be out
on parole.
While I was having these thoughts, still holding
the note with the date of the hearing, I had an uneasy feeling. A
feeling that stayed with me all day long, without my being able to
find a reason for it.
The same uneasy feeling took hold of me when, a
week later, I had to visit Abdou in prison to explain to him why it
was to his advantage to accept the shortened procedure, take twenty
years or so instead of life, and begin chalking up the days on the
wall of his cell.
Abdou was, or seemed, thinner than last time. He
didn’t want to tell me how he had come by the enormous bruise on
his right cheekbone. As he listened to what I had to say, he looked
at the grainy lines in the wooden table, without making a single
gesture suggesting that he’d understood or wondered what I was
talking about. Not so much as a nod. Nothing.
When I had finished explaining what was the best
solution for his case, Abdou remained silent for several minutes. I
offered him a Marlboro but he didn’t take it. Instead he pulled out
a packet of Diana Red and lit one of those.
He spoke only when he had finished the cigarette
and the silence was becoming unbearable.
“If we choose the shortened procedure, have I any
chance of being acquitted?”
He was just too intelligent. With the shortened
procedure he would be found guilty for sure. I had not told him
that but he knew implicitly.
I felt awkward as I replied.
“Technically, yes. Theoretically, yes.”
“What does that mean?”
“It means that in theory the judge could acquit
you, but on the basis of what is in the documents produced by the
public prosecutor, which is what the judge will base her decision
on if we opt for the shortened procedure, it is extremely
unlikely.”
I paused, and came to the conclusion that I didn’t
feel like beating about the bush.
“Let’s say that it’s practically impossible. On the
other hand, with the shortened procedure you’d avoid—”
“Yes, I’ve understood that. I’d avoid a life
sentence. In other words, if we choose the shortened procedure I am
certain to be convicted but they’ll give me a discount. Isn’t that
it?”
My embarrassment grew. I felt the blood rising to
my face.
“Yes, that’s it.”
“And if we don’t choose this shortened procedure,
what happens then?”
“You will be committed for trial before the Court
of Assizes. This means you will be tried in public before two
judges, and six jurors, who are ordinary citizens. If you are found
guilty by the Court of Assizes, you are in danger of life
imprisonment.”
“But I do have a chance of being acquitted?”
“A slender one.”
“But more than with the shortened procedure?”
I didn’t answer at once. I took a deep breath. I
passed a hand across my face.
“More. Not much more, but more. Bear in mind the
fact that with the shortened procedure you are practically certain
of being found guilty, whereas before the Court of Assizes
something can always happen. All the witnesses have to be
questioned by the public prosecutor and then we can cross-examine
them. That means that I, as your counsel, can cross-examine them.
One of them might not confirm his evidence, one of them might
contradict himself, some new factor might arise. But it is a very
grave risk.”
“What are my chances?”
“Hard to give a figure. A 5 or 10 per cent chance
at the best.”
“Why do you want to choose the shortened
way?”
“What do you mean, why? Because it’s the thing that
suits the case best. With this judge you get off with the lightest
possible sentence, and in—”
“I didn’t do what they say I did.”
I took another deep breath, got out a cigarette. I
didn’t know what to say, so naturally I said the wrong
thing.
“Listen, Abdou. I don’t know what you’ve done. But
for a lawyer it can be better not to know what his client has done.
This helps him to be more lucid, to make better decisions without
allowing himself to be influenced by emotion. Do you see what I’m
getting at?”
Abdou gave an imperceptible nod. His eyes seemed to
have sunk into their black orbits. Averting my gaze, I
continued.
“If we don’t opt for the shortened procedure, if we
go before the Assize Court, it’s as if we were playing cards with
your life, with very few chances of winning. And then, to play it
that way takes money, lots of money. A trial before the Assize
Court takes a long time and costs a great deal.”
I realized I had said something stupid even as the
words were coming out of my mouth. And at the same time I realized
why I was uneasy in my mind.
“You mean that because I can’t pay enough money
it’s better to opt for the shortened procedure. Is that it?”
“I didn’t say that.” My tone of voice went up a
notch.
“How much money does it take to have a trial before
the Court of Assizes?”
“The money is not the problem. The problem is that
if we go before the Assize Court you’ll get a life sentence and
your life is finished.”
“My life is finished anyway if they convict me for
killing a child. How much money?”
I suddenly felt dead tired. An enormous,
irresistible weariness came over me. I let my shoulders slump and
realized then how tense they had been until that moment.
“Not less than forty or fifty million. If we wanted
to
make investigations for the defence – and in this case we would
probably need them – a good deal more.”
Abdou seemed stunned. He swallowed, with some
difficulty, and gave the impression of wanting to say something but
failing. Then he began to follow a train of thought from which I
was excluded. He looked up, shook his head, then moved his lips in
the recitation of some soundless, mysterious litany.
In the end he covered his face with his hands,
rubbed them up and down two or three times, then lowered them and
looked me in the face again. He said nothing.
I had an unbearable buzzing in my ears and spoke
chiefly to drown it.
We didn’t have to decide that very morning. There
was still a month left before the preliminary hearing, when we
might or might not opt for the shortened procedure. And then we had
to talk to Abajaje. The question of money was the least of our
problems. I would give the documents another reading, look for
other rays of hope. Right now I had to be off, but we’d meet again
soon. If he needed anything he could let me know, even by
telegram.
Abdou said not a word. When I touched his shoulder
in greeting I felt a body totally inert.
I escaped, pursued by his phantoms. And my
own.