• The judges of Palermo: the state-mafia negotiation accelerated the death of Paolo Borsellino

  • State-mafia negotiation: the reasons for the sentence filed, "the negotiation took place"

Share

29 April 2019 The negotiation took place.

The nefarious pact between pieces of the state and Cosa Nostra has been signed.

This emerged from the harsh device of the Palermo Assize Court, chaired by Alfredo Montalto, pronounced on April 20, 2018 in the Pagliarelli bunker hall at the end of more than four days in the council chamber.

With this procedural conclusion, formulated in the first instance, the appeal process that opened today must now be confronted.



The calendar of hearings


The Court of Assizes of Appeal of Palermo has scheduled nine hearings until July 22, at the rate of 3 per month, in order to carry out the most important first steps, including above all the decision on the possible reopening of the hearing, requested by the defendants and in some respects also by the general prosecutor and the civil parties. In May the hearings, which could also be extended to the afternoon until 5 pm, have been scheduled for the days 9, 13 and 27. In June they will be held on the days 10, 17 and 24. In July on the days 8, 11 and 22.



5 years of hearings for the first degree


The reasons were filed on July 19 last year, on the 26th anniversary of the Via D'Amelio massacre. After five years of hearings, bosses and politicians were found guilty in the first instance of the crime of threatening and violating the body politic of the state. For Marcello Dell'Utri the conduct committed against the Berlusconi government was punished: the carabinieri of the Ros were convicted for the facts committed up to 1993, Dell'Utri for the facts of 1994; on the one hand, the negotiations would have been entered into by the carabinieri, from a certain point onwards by Dell'Utri. The Ros generals Mario Mori and Antonio Subranni, the former Forza Italia senator Marcello Dell'Utri and the boss Antonino Cinà sentenced to 12 years in prison; at 28 Leoluca Bagarella, the heaviest sentence.Eight years to Colonel Giuseppe De Donno. Same sentence for Massimo Ciancimino accused of slandering the then police chief Gianni De Gennaro, while he was acquitted of the charge of external complicity in mafia association. Prescription for Giovanni Brusca. Former minister Nicola Mancino acquitted, accused of perjury.



The negotiation accelerated 'Borsellino execution'


A colossal motivation for a powerful process. Among the 5252 pages, the conviction that "the sudden acceleration that the execution of Doctor Borsellino had" was determined "by the signs of readiness for dialogue - and in essence, of yielding to mafia arrogance culminating in the Capaci massacre - reached Salvatore Riina , through Vito Ciancimino, just in the period immediately preceding the via D'Amelio massacre ". So, according to the first instance judges, "there is no doubt" that the contacts between Mario Mori and Giuseppe De Donno with Vito Ciancimino, "together with the occurrence of events (such as the alternation of that Minister of the Interior who had particularly spent inaction to combat the mafias) which could equally be perceived as further signs of subsidence of the state, could well be perceived by Riina already as harbingers of positive developments for the mafia organization to the extent that those officers had urged him to make requests to be conditioned the cessation of the strategy of frontal attack on the state ". 



In short, "that invitation to dialogue received from the carabinieri through Vito Ciancimino constitutes a sure element of novelty that may certainly have determined the effect of the acceleration of the murder of Borsellino" with the aim of taking advantage "of that signal of weakness coming from the state institutions ". And this is a fact even if one does not want to converge on the conclusion of the accusation according to which "Riina has decided to kill Borsellino fearing his opposition to the negotiation".



Riina encouraged to bring the state to its knees


According to the judges "those contacts that already in the aftermath of the Capaci massacre important and well-known officers of the weapon had undertaken through Vito Ciancimino, together with the occurrence of events (such as the Scotti-Mancino alternation at the Ministry of the Interior, ed) that they could equally be perceived as further signs of failure of the state, they could well be perceived by Riina already as harbingers of positive developments for the mafia organization. In other words, if those signals actually reached Riina in the period immediately preceding the via D 'massacre Amelio (and that this actually happened is proven) it is logical and leading to believe that Riina, pleased with the positive effect for the mafia organization produced by the Capaci massacre,may have determined to replicate, with the massacre of via D'Amelio, that extraordinary manifestation of criminal force to definitively bring the State to its knees and obtain benefits up to a few months earlier (when there was the final sentence of the maxi trial) absolutely for him unthinkable ".



Ros facilitated the project of the Cosa Nostra


Mario Mori, Antonio Subranni and Giuseppe De Donno, the carabinieri convicted just over a year ago, acted with "the specific intent of someone who has the purpose of facilitating the activity of a mafia-type association or who in any case has made his own this purpose ". The accused, according to the sentence of the state-mafia trial, stimulated "the overcoming of the wall against wall and therefore the indication, by the mafia leaders, of the conditions for this overcoming". In this way, "the advantage was inevitably represented that would certainly have derived for Cosa Nostra in any case when the strong repressive action of the State ceased to exist,which already culminated in the heavy penalties of the maxi trial and more recently after the Capaci massacre in the measures including prison rigor of the decree law adopted by the government on June 8, 1992 ".



The role of Marcello Dell'Utri "as intermediary of Cosa Nostra's threats to Silvio Berlusconi - according to the judges of the first instance - does not take place at the time when the latter decided to go into politics, but was expressed after he was trained and the new government presided over by Berlusconi is installed ".



Dell'Utri intermediary threats to Berlusconi


The reference are the meetings that Dell'Utri, sentenced to 12 years, had with the former stable boy of Arcore Vittorio Mangano "on at least two occasions, the first between June and July 1994, the second in December of the same year, to solicit the 'fulfillment of the commitments made during the electoral campaign, receiving, on both occasions, ample and concrete reassurances ". The college agreed with Dell'Utri's defensive arguments, which deny that the initiatives "had been a direct effect of a threat", linking them rather to "free choices of that consistent component of subjects belonging to Forza Italia which, due to its alleged vocation guarantor, they have been fighting for some time against some anti-mafia measures adopted by previous governments ". "However, this does not mean that Mangano's interventions against Dell'Utri may have had an objective attitude of intimidating the final recipient, identified by the mafia in Berlusconi, regardless of the fact that the intimidating effect, provided that it is still perceptible, may have affected concretely on his psychic and moral freedom of self-determination "." The promises or at least the willingness expressed by Dell'Utri to meet the needs of Cosa Nostra have contributed to the enthusiastic support given by the latter in Sicily to the nascent new political force ". The judges spoke of Dell'Utri's role "anything but neutral, because he would not have limited himself to listening to and collecting the requests of the mafia,but he would still have shown willingness to take on the initiatives of the Berlusconi government. The magistrates recalled that "the event of the disputed crime is not constituted by the legislative measures then adopted, but exclusively by Berlusconi's perception, as head of the government, of the psychological pressure operated by Cosa Nostra with explicit or implicit blackmail that was, of the repetition of the massacres ". In other words, the Court maintained that Dell'Utri "continued to inform Berlusconi of all his contacts even after the government presided over by the latter took office and there is the definitive confirmation that even the final recipient of the pressure or attempts to pressure ,he became aware of the threat inherent in them and of the consequent danger of massacre reactions that an inactivity in the sense of the requests of the mafia could have caused a rise. "