24
The first witness called by the prosecution was a
lieutenant of the carabinieri, the officer commanding the
operations unit in Monopoli. He was a young man of twenty-six or
-seven, with a pleasing air, not very military.
The judge ordered him to take the oath. The
lieutenant accepted the well-thumbed sheet handed to him by the
Clerk of the court and read aloud: “Conscious of the moral and
juridical responsibility I am assuming with my deposition, I
undertake to speak the whole truth and to conceal nothing of which
I have knowledge.”
“Give your full particulars.”
“Lieutenant Alfredo Moroni, born in Brescia 12
September 1973, domiciled at the carabinieri station of Monopoli. I
am the officer commanding the operations unit and flying
squad.”
“Mr Public Prosecutor, you may now proceed with
your questioning.”
Cervellati took a sheet of notes from the file in
front of him and began.
“Now, Lieutenant, would you care to tell the court
what part you played in the investigations concerning the unlawful
restraint and killing of little Francesco Rubino?”
“Yes, sir. On 5 August 1999, at about 19.50 hours,
the operations centre received a telephone call on the emergency
number 112. It reported the disappearance
of a nine-year-old boy named Francesco Rubino. The call came from
the boy’s grandfather, with whom he was spending the holidays
because, if I am not mistaken, the parents are separated.”
“Very well, Lieutenant, but avoid superfluous
details. Stick to the relevant facts.”
The lieutenant looked on the point of saying
something in reply. He hadn’t cared for that interruption. But he
was a carabiniere, he said nothing, and after a brief pause resumed
his testimony.
“On receipt of the message by the operations room I
was personally informed and dispatched a radio patrol car to the
grandparents’ villa—”
“Where was the villa?”
“As I was on the point of saying, the grandparents’
villa was ... is in Contrada Capitolo, in proximity to the Duna
Beach bathing establishment. Having reached the spot and spoken to
the grandparents of the child, the patrolmen realized that the
matter might be serious, seeing that the boy had been missing for
almost two hours, so they contacted me. At that point I
communicated the information to my opposite number in the police,
with a view to his collaborating in the search, and then I myself
went to the scene, accompanied by the personnel of the flying
squad.”
“How was the search organized?”
“As well as the state police I also called upon the
municipal police. Of course I also reported the fact to my
superiors in Bari. I ought to mention at once that the captain was
on sick leave, so that I was in command of the Monopoli detachment.
In any case, after the very first phase, personnel from HQ also
took part in the search. The next morning we also put the
dog-handling units to work.”
“Did anything of relevance emerge from the work
with the dogs?”
“Yes, sir. We took the dogs to the villa and
started them from the point at which the boy was playing when last
seen. The dogs set off confidently, crossed the square immediately
outside the gate of the villa, reached the lane that leads to that
particular group of villas from the Capitolo Provincial Road, went
the length of that lane as far as the main road and then stopped.
That is, at a point corresponding to the intersection of the lane
with the main road the dogs lost the boy’s scent. We took them to
the other side of the road, then for some hundreds of yards in one
direction and the other, with no result. The last point at which
they gave a sign of picking up the boy’s scent was the intersection
between the lane and the main road. From this fact we deduced that
the boy had boarded a motor vehicle.”
“When was the boy found? And how?”
“Yes. We found the body of the boy in the vicinity
of Polignano, down a well, out in the country near the coast. An
anonymous message had been received by the carabinieri station at
Polignano.”
“What did the person say on the telephone?”
“He said that the child we were looking for was in
a well, in the locality of San Vito, in the territory of the
Commune of Polignano. He stated exactly at what point the well was
to be found, that is, he said something in the nature of ‘at such
and such a milestone’ ... I don’t now remember which. In any case,
he mentioned State Road Number 16.”
“Can you tell us if this person had any particular
accent?”
It was time to intervene.
“Objection, Your Honour. Leaving aside for the
moment the fact that we are concerned with an anonymous telephone
call, I point out that, as I understand it, the lieutenant did not
receive the call in person. These questions regarding the tenor of
the telephone call – granted for the sake of argument that they are
admissible, but this we will discuss later – should be put to the
carabiniere who received the call.”
The judge said I was right and did not admit the
question. The examination went on monotonously about the history of
the investigations up to the moment of Abdou’s arrest. The
lieutenant had confined himself to coordinating operations, had not
taken part in the searches, had not interrogated the chief
witnesses, and was therefore from my point of view of secondary
importance.
The judge said I could now put questions, if I had
any.
In point of fact I had very little to ask the
lieutenant, and could easily have done without cross-examining him
at all. But I had to make the jury aware of my existence. I
therefore said yes, I did have a few questions to ask the
witness.
“So, Lieutenant, you have said that the telephone
call reporting the boy’s disappearance reached your operations room
at ...”
“At 19.50 hours.”
“At 19.50. Thank you. And the patrol you sent out,
when did that arrive at the grandparents’ villa?”
“The time it takes to get from our station in
Monopoli to Capitolo. I should say a quarter of an hour, twenty
minutes at most.”
“At what time did the child disappear?”
“How can I give an exact time ...”
“Look here, Lieutenant, I have asked you that
question because you, in replying to the prosecution,
said that the patrolmen realized the child had already been
missing for two hours.”
“Yes, of course, I mean to say that it was my men
who informed me of this circumstance.”
“Would you therefore kindly tell the court, on the
basis of the data in your possession, at roughly what time the
child disappeared?”
“A couple of hours before, as I said.”
“And therefore ...”
“At about six, more or less.”
“The child disappeared at about 18.00 and the
grandfather called at 19.50. Is that correct?”
“They are approximate times.”
“Yes, the child disappeared at approximately 18.00
and the grandfather telephoned at 19.50. Correct?”
“Yes.”
“Have you, even informally, asked the grandfather
what reason he had for waiting nearly two hours before giving the
alarm?”
“I don’t know why he waited. They probably went
hunting around—”
“Forgive me for interrupting, Lieutenant. I did not
ask you for your opinion in this regard. I asked you to state
whether the grandfather said for what reason he waited for those –
nearly – two hours. Can you answer that question?”
“I don’t remember if he mentioned it.”
“Do you remember having asked him, even
informally?”
“No, I don’t remember.”
“It is therefore correct to say that you do not
know what happened during the two hours between the child’s
disappearance and the report of it on the telephone.”
“Excuse me, Avvocato, at that time we were busy
looking for the boy, organizing search parties and so on, not
concerned with how and why the grandfather delayed reporting it,
always supposing he did delay.”
“Certainly, no one is disputing the correctness of
your actions. I want to ask you only a few more questions. Before
the public prosecutor interrupted you, you hinted at the fact that
the boy’s parents are separated—”
Now the public prosecutor interrupted me too.
“Objection, Your Honour. I do not see what the fact
that the parents are separated has to do with the
proceedings.”
Cotugno also put his oar in.
“The civil party supports the objection. This is a
family which has suffered a tragedy, and I cannot see what motive
there may be for introducing private matters with no bearing on the
question before the court.”
As a rule I would not have persisted. I had asked
the question simply to feel out the ground and because Cervellati
had interrupted the lieutenant on that point. But now the reactions
from the other side seemed to me excessive. So I thought I would
push the matter a little further. To see what happened.
“Your Honour, I do not understand the strong
reactions of the public prosecutor and the civil party on this
point. I intend absolutely no lack of respect for the family of the
child and the tragedy that has struck it. In any case, I fail to
see how my question could have such an effect. My only interest is
in understanding what happened during the minutes and hours after
the disappearance and whether the child’s parents took part in the
search.”
“Within these limits you may continue,
Avvocato.”
“Thank you, Your Honour. So we were saying that the
boy’s parents were – or are? – separated. Is that so?”
“So I believe.”
“When did you learn of this circumstance?”
“When I went to the house.”
“The child’s parents were there?”
“No.”
“Do you know where they were?”
“No ... that is, I think the mother was away on a
few days’ holiday, and I don’t know where the father was.”
“How did you learn of these facts?”
“They were reported to me on my arrival by Signor
Abbrescia, the grandfather on the mother’s side.”
“Did Signor Abbrescia tell you whether the parents
had been informed of the disappearance?”
“Yes, he told me that he had got in touch with his
daughter on her mobile and that she was on her way back, I don’t
remember where from. Or perhaps they didn’t tell me. In any case,
late on in the evening I saw the boy’s mother, there at the villa,
which we were using as a base for our search.”
“And the father?”
“Look, I can’t tell you about the father. I saw
Signor Rubino the following day, but I don’t know when he arrived
or where from.”
“Do you know if he was on holiday too?”
“No.”
“Do you know if the grandparents telephoned the
father, as well as the child’s mother?”
“I don’t know.”
“In more general terms, do you know who informed
the boy’s father?”
“No.”
“In any case, on the evening of the disappearance
the mother had arrived and the father not. Is that correct?”
“It is.”
“Thank you, I have no more questions.”
In actual fact these were pointless questions. The
separation of the parents had nothing to do with the child’s
disappearance, with the trial or any of the rest of it. The
prosecution and the civil party were probably right in
objecting.
But I had very little room to move. Very little
indeed. So I had to do something, even loose off shots at random,
in the hope of hearing some sound, learning if in that direction
there might be some way. Some track to follow.
Handbooks for lawyers would have said that this was
the wrong way to set about it.
Never ask questions for which you cannot foresee
the answer. Never cross-examine blindly, without having a precise
object in mind. Your cross-examination must be punctiliously
planned, nothing left to improvisation, because otherwise you might
even strengthen the position of your adversary. And so on and so
forth.
I’d really like to see the fine fellows who write
such manuals conduct a damned trial. I’d like to see them in the
thick of the noise, the dirt, the blood, the shit of a real trial.
I’d like to see them apply their theories then.
Never cross-examine blindly.
I’d like to see them at it! Me, I was forced to go
ahead blindly. And not only in the trial either.
That hearing continued with several other
witnesses. There was the carabiniere who had received the call
which enabled them to find the boy’s body. He said that the
anonymous voice was strange. The prosecutor
wanted to know more. He would probably have liked the witness to
say that the accent was Senegalese. The carabiniere,
however, did not help him out. The accent, for him, was simply
strange, which meant everything and nothing.
Then there were the dog handlers, who added nothing
to what the lieutenant had said. Then the fireman who had gone down
the well to fasten the sling around the boy’s body and haul it up.
A distressing, useless account.
Then we heard some of the habitués of the Duna
Beach establishment. They knew Abdou, some had bought things from
him, all of them remembered that from time to time the Senegalese
stopped to chat with them on the beach. They said that they had
also sometimes seen him talking to the little boy. I asked them how
Abdou behaved, and they all said he was always friendly, that he
had never behaved oddly. As for him and the boy, they had almost
seemed to be friends.
We were to have heard the police doctor who
performed the autopsy, but he wasn’t there. He had sent a
justification and asked to be heard during a later hearing. The
judge was not sorry to get away a little earlier than expected. The
trial was adjourned until the following Monday.
My fear was that by then, alas, the heat would have
started. We couldn’t always be so lucky with the weather, not in
June.