The fifth hearing of the Appeal trial

The last defendant lawyer (Musco for Calvi), mentioned that most of those persons who analysed the sentence in a critical way, from inside the law sector, found it very weak from the point of view of the logical sequence inside it. Recalls the hearing of Calvi, when he declared that he was asked to analyse the accelerations recorded during the earthquake sequence, no more than that. He made an assessment of the pssible damage related to those events. His duty was to act as a consultant to Civil Protection. He did not take part in any press conference, he only attended to one. You judges cannot sentence a person who did not violate any rule. Says that the notion of risk which has been used in the sentence is a “trial creation”: V of the formula R = P x V x E could not be evaluated in a meeting. The sa called “causative connection” should be know in advance by someone to be sentenced as guilty: the so called “theory of the social representations”, instead, was invented after the earthquake, therefore its application violates the principle of retroactivity. Asks for Calvi to be released by the charge.

Then the General Prosecutor announces that he has decided to counter comment. This means that all the lawyers (civil parts and defendants) have the right to to do the same. Therefore, the Sentence will be released on November 10.

He start stressing that some defendant lawyers have used strong words, mostly the State lawyers. For him is was a meeting of the CGR; what is important is the role taken by the participants, who have been unwise. The energy discharge has not be mentioned in the minutes, yes: but then why nobody objected to this statement? The participants knew that the meeting was an open one. On April 6 Eva said that the earthquake was something that could be expected: then the risk was known [!]. Concludes saying that he believes that all witnesses are reliable.

Gentili, defending civil parts. The defendants have arbitrarily assumed the duties of CGR. The message which came out, although may be in a “bizantine” form”, was that the swarm will continue as such, that citizen have to get accustomed to it and that it may last long time. You have made citizenship without weapons against the earthquake. How can you say that the swarm will not end up in a major quake ? [nobody said this, btw]. There is no doubt about the guilty cooperation among the defendants. Recalls some witnesses and ask the sentence to be confirmed.

Di Rocco, defending civil parts. People did not die by chance. To analyse the risk does not mean to forecast the earthquake. Says that the meeting od April 6, soon after the earthquake, confirmed the statement of the meeting of 31 march. Quotes the meeting of CGR on the earthquakes of 2012, which was different [forgets to mention that  such meeting it took place AFTER the earthquakes]. After the 31 March meeting Barberi called Bertolaso and said the did what they should have done. Barberi was seen together with Bertolaso at a conference on the morning of March 31.

Stefàno, defending Eva. What Eva said on April 6 is not new. The seismic hazard map was adopted by the State with the Prime Minister Ordnance 3519 in 2006, therefore it has to be considered as known. Recalls that the judge did not consider the hearing of Leone at all and that, with respect to the hearing of Cialente, he inserted among ” ” a phrase that Cialente never said. Cialente intended to visit the State Secretary of the Prime Minister on April 6, together with Stati; this show that he was not reassured at all. The “guilty cooperation” cannot  be supported because there was no individual guilty behavior; also the sentence says that.

Petrelli, defending Barberi. From the documents it is clear that nothing “reassuring” came out form the defendants. Nobody succeeded proving the defendants behavior as guilty. The Major, after the 31 March meeting, asked for the emergency to be declared; this explains very well what he learned from the meeting. As for the “causal connection”, in a trial we discuss facts; therefore, the so-called “theory of the social representations” has to be left out.

Melandri, defending Boschi. We must here respond to what has been proposed by Prosecutor and civil parts. I do not want to talk about Ciccozzi and the bees again [Ciccozzi, anthropologist, said that seismologists used the term “sciame” (swarm, but also hive) to describe the sequence because it is reassuring, as the bees deliver honey….]. The “energy discharge” was said before the meeting, not after. Who should have corrected it? Boschi could not correct anybody, he was not attending the press conference. He said that the swarm is not a precursor, and he confirms it. Said that this area is one of the most active in Europe, what else? He said “I cannot exclude a major earthquake”. Di Rocco says that scientists followed the will of the boss [Bertolaso]. Actually they did not follow him, they did not mention the energy discharge. And the Major Cialente asks anybody for help: was he reassured? The commission has no communicating duties.

The sixt (and probably last hearing) will take place in L’Aquila on November 10.




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