The request must be rejected. Mario Fresa, attorney general of the Court of Cassation, yesterday morning asked the judges to reject, in fact, the appeal of the children of Marianna Manduca. Instead, they (two minors and an adult) ask not to have to return to the state the money that the state itself had given him at first instance as compensation for the murder of their mother, Marianna Manduca. The decision of the Supreme Court will be known later. What is already clear, however, is the line of the Attorney General, who defended his fellow judges by making the reasoning of the appeal sentence his own. To understand better we must go back to the summary of the story and the first instance verdict.
Reported 12 times
The dramatic summary: Marianna Manduca, 32 years old, life and family in Palagonia, in the province of Catania, on 3 October 2007 was killed by her husband, Saverio Nolfo, then sentenced to 21 years in prison. It was not an explosion of unique and unpredictable violence. It was the epilogue of a drama that Marianna lived day after day for years. Beat, threats, humiliation even in front of his three children. You report him not once but twelve times. Twelve. And they were not enough to ward off the worst. The stalking law was not in effect yet, true. It was more difficult to reach the prison measure for the crimes that poor Marianna reported every time. But no action was taken even when he showed her a switchblade knife with which he pretended to wipe his nails. Nothing. That scene was not considered an armed threat, a crime for which (that s) even at the time it would have been possible to arrest him. That said: until he really killed her and the adoptive parents of Mariannas three children started a lawsuit against the state (formally the Prime Minister) that they said had not been able to protect a desperate woman asking for help. The first instance court ruled that yes, it was just like that. The judiciary (in that case the prosecutor of Caltagirone), not having any investigation into the reported facts and not taking any measures to neutralize the danger of Nolfo had committed a serious violation of the law with inexcusable negligence. Basically the sentence said: the magistrates were wrong, so the children of this woman should be compensated.
But no. The second instance judges overturned everything. Because, basically says their sentence, the man was so determined to want to kill Marianna that the murder could not be avoided. Given the rooting of the criminal purpose and the easy availability of such a weapon, they wrote, neither his interrogation nor a search at his house to find the knife would have had any effect: the Court considers that the deadly epilogue of the affair would remain unchanged. And where do we put death threats at gunpoint? Licia D’Amico takes it, one of the two lawyers in the family of Carmelo Cal, the man who with his wife Paola adopted Mariannas children. I’d like to try, says the lawyer. Go to the street with a switchblade knife and threaten the first one to pass: I am sure that in a few minutes they would arrest me. The truth is that when he threatens her with that knife, the story changes pace and nobody did anything the same. To convince the Cassation judges that they will now have to decide whether or not Mariannas children have to pay back the money (259 thousand euros plus interest), the lawyer D’Amico spoke about Paola, their new mother. In recent years – she said – Paola has been the judiciary because she has taught these kids the sense of justice. It would be nice if they had the justice they expect. The compensation money was invested in the purchase of a bed & breakfast, now the only source of income for the Cal family. Every now and then Carmelo, Mariannas adult son, also helps in that B & b. I know that if the Cassation goes badly, we will have to return everything – he says -. And with that money the possibility for me and my brothers to continue studying and to continue to live with dignity would go away. Nobody listened to my mother, nobody prevented her from being murdered, and now this too … It seems unfair to me.
© RESERVED REPRODUCTION