40 years ago the Palermo Maxi Trial: when the Italian judiciary dealt a severe blow to the mafia

The Palermo maxitrial it was the largest criminal trial against the mafia, and was celebrated (in the three levels of judgement) between February 10, 1986 and January 30, 1992.

The first instance trial took place from 10 February 1986 to 16 December 1987 inbunker classroom of the Ucciardone prison, in Palermo. They were accused 475 members of Cosa Nostraincluding Totò Riina, Bernardo Provenzano and other bosses. The trial took place after second mafia warthrough which the Corleonesi had taken control of the “dome”, and was based on the revelations of Tommaso Buscetta and other repentants. Celebrated according to the code of criminal procedure in force between 1930 and 1989, the maxi trial was instructed by Giovanni Falcone (it was the most important achievement of his career and of the Palermo anti-mafia pool) and Paolo Borsellino and ended with numerous convictions. The Italian judiciary thus initiated one intense fight against the mafiawhich continues to this day.

This is a process like any other, albeit immense. What I ask of you is not the condemnation of the mafia, already written in history and in the conscience of citizens, but the condemnation of the mafiosi who are reached by certain elements of responsibility.

– Public Prosecutor Domenico Signorino

What was the Palermo maxi-trial?

The maxi trial was the most important trial of the Sicilian mafia. It was celebrated in the three levels of judgment (court of assizes, appeal and cassation) between 1986 and 1992, although sometimes the expression “maxitrial” refers only to the first degree trialwhich took place in Palermo from 10 February 1986 to 16 December 1987.

They were accused in the trial 475 people (which became 460 during the hearing), defended by over 200 lawyers. Among the accused were the main bosses of Cosa Nostrasome of whom are fugitives, such as Totò Riina and Bernardo Provenzano, and others present in the courtroom, such as Michele Greco (arrested during the hearing), the former leader of the Corleonesi Luciano Liggio, Leoluca Bagarella, Pippo Calò and others.

The defendants had to answer for numerous murders, extortion, international drug trafficking, mafia association and other charges. Among other things, they were in discussion excellent murderslike those of judge Rocco Chinnici, general Carlo Alberto dalla Chiesa, policemen Beppe Montana and Ninni Cassarà. The maxi-trial, essentially, it was a trial of Cosa Nostra as a whole.

Why he was celebrated: Buscetta’s revelations and Falcone and Borsellino’s investigations

The maxi-trial was made possible by the revelations of the repentants, in particular by those of Tommaso Buscettathe boss arrested in Brazil in 1983 and later extradited to Italy. Buscetta belonged to defeated faction of Cosa Nostrawhich had suffered very heavy retaliation from the victorious gangs, led by the Corleonesi and the ruthless Totò Riina. In the retaliations, numerous of Buscetta’s family members were also murdered.

Buscetta decided to take revenge by collaborating with justice. He was questioned by Giovanni Falconemember, together with Paolo Borsellino and other magistrates, of the anti-mafia pool led by Antonino Caponnetto. After Buscetta, other members of Cosa Nostra also “repented”, including Salvatore “Totuccio” Contornowho made further revelations. Thanks to the statements of the repentants, the judiciary arrested numerous mafiosi, many of whom were handcuffed during the “San Michele blitz” of 29 September 1984.

After the confessions, Falcone and Borsellino were tasked with “instructing” the trial (which was held according to the old code of criminal procedure, according to which the investigating judge carried out the investigations and sent the defendants to trial). To prevent the mafia from eliminating them, in the summer of 1985 the Ministry of the Interior had the two judges transferred in a protected locationthe Asinara prison, to write the order-sentence of committal to trial.

Judges, defendants and sentences: progress and outcome of the trial

To celebrate the maxi-trial it was necessary to build a special courtroom, because no court could accommodate such a large number of defendants. The octagonal-shaped “bunker room” was therefore built at the Ucciardone prison, equipped with high safety standards. The court was presided over by Alfonso Giordano; he was a side judge Pietro Grasso and prosecutors they were Domenico Signorino and Giuseppe Ayala. The jury was made up of eight lay judges. The investigating judges, Falcone and Borsellino, who followed the trial from the outside, did not participate. However, there were numerous people present in the classroom journalistsThe defendants (imprisoned in special cages), theirs lawyersnumerous carabinieri and the public.

The trial took place in a tense atmosphere and some moments were particularly dramatic. One of the most tense was the deposition of Tommaso Buscettawhich confirmed the revelations made to Falcone, and the comparison of the repentant with Pippo Calò. He was also called to give evidence Salvatore Contornowho expressed himself in strict Sicilian, to the point that it was necessary to consult a linguist to verbalize the statements.

Some were not missing tragicomic scenes. For example, one defendant, Turi Ercolano, blatantly sewed his lips together with a stapler; another defendant, Stefano Calzetta, stripped naked in the courtroom to pass himself off as crazy. Furthermore, some defendants had themselves taken to testify on a stretcher or in a wheelchair.

The lawyers almost all followed the same defensive line, arguing that the revelations of Buscetta and the other turncoats were not reliable. Furthermore, they tried to seize on every possible loophole slow down the proceedings.

In total, during the trial they were held 349 hearings1314 interrogations and 635 defense arguments.

On November 11, 1987, the lay judges and magistrates met in a long session council chamberwhich lasted 35 days, during which they lived in complete isolation. On December 16, President Giordano read the sentence, which imposed heavy sentences on the defendants. The court indeed held the “Buscetta theorem” is reliable and recognized the validity of the thesis according to which Cosa Nostra was guided by a summit, the “dome”, which took all the important decisions and ordered the excellent murders.

It was not a foregone conclusionbecause in the past other mafia trials had ended with acquittals or light sentences. The sentence demonstrated that the attitude of the institutions and the State (at least, of its healthy part) towards the mafia was becoming much less tolerant.

Trials in the Court of Appeal and in the Supreme Court

The appeal process took place between 1989 and 1990 and ended with a reduction of the sentences (among other things, the life sentences went from 19 to 12), because the court considered Buscetta’s statements are less reliable. Furthermore, in 1991 some mafiosi convicted at first instance and on appeal, including Michele Greco, were released from prison due to the expiry of the terms of precautionary custody following a judge’s decision Corrado Carnival. The decision sparked public outrage and prompted government intervention, which changed the terms of custody and allowed the defendants to be returned to prison.

However, the unknown factor of the Court of Cassation remained. The risk was that the appeal on the maxi-trial would be assigned to first sectionpresided over by Carnevale, known for the ease with which he annulled the sentences of mafiosi. However, the trial was assigned to another section of the court, presided over by the judge Arnaldo Valente. On January 30, 1992 the Court issued the final sentence, which confirmed the convictions inflicted on the defendants in the first instance and annulled the acquittals.

Reactions and consequences

The maxi-trial constituted a enormous success in the fight against the mafia and its outcome was commented on in very positive terms at both a national and international level. For Cosa Nostra, the Supreme Court ruling was a severe blow, because it demonstrated that it was less omnipotent than it believed. Riina reacted ordering excellent assassinations: he had, among others, assassinated Except Limaa colluding political exponent of the Christian Democrats, who had promised to “fix” the sentence, and the judges Falcone and Borsellinotogether with their respective stocks.

The fight against Cosa Nostra, however, it didn’t stop and continues today, also thanks to the work of heroic magistrates which allowed the maxi-trial to take place.