Italy: Manslaughter trial for officers in Aldrovandi death
01 January 2008
On 19 October 2007, the trial of Paolo Forlani, Monica Segatto, Enzo Pontani and Luca Pollastri, four "flying squad" police officers accused of manslaughter, began in Ferrara (Emilia-Romagna). On 20 June 2007, following preliminary investigations, a court ruled that the four officers would stand trial for their responsibility in the death of Federico Aldrovandi. The teenager died during a violent early morning encounter with flying squad officers on 25 September 2005 whilst returning home after a night out (see
Statewatch Vol. 16 no.1 and
Statewatch news online, January 2006). Suspicious events that have surfaced during the trial include the temporary disappearance of two broken truncheons that re-appeared, cleaned, on the following day to become available for the scientific investigations police. Other matters that must be cleared up include the failure to inform Federico’s family, in spite of their repeated calls to their son's mobile phone, and the late appearance of a coroner over three hours after the death.
The charges: "excesses" and "imprudence" contributing to death
The officers are accused of engaging in "excesses" and "imprudence", such as to have unintentionally had an important or decisive role in the youth's death, although the judge considered their intervention to have been in the fulfilment of their duties, ruling out intentionality. The manslaughter charges stem from a number of elements. One of these was the failure to "immediately" call for medical help, in spite of their claims that the youth was in a state of "psycho-motor excitement". Having decided that restoring public order was their priority after receiving calls from citizens complaining that someone was causing a disturbance that justified the intervention, their attempts to subdue Aldrovandi were conducted "in an imprudent manner" that "exceeded the limits of legitimate intervention". He was allegedly kicked, punched and struck with truncheons (two of which were broken) in several parts of his body, despite the officers' "evident numerical advantage" and the fact that Aldrovandi had been immobilised. The officers also failed to provide first aid when Aldrovandi repeatedly called out for help and for them to stop. The officers apparently did not recognise his critical condition and the fact that they were making it more difficult for him to breathe by handcuffing him in a prone position.
The defence argued that several of the claims were unfounded, that emergency services were called repeatedly and in timely fashion, that it had not been shown that the youth had shouted for help so clearly, and that testimony by expert witnesses heard in December 2006 did not identify a causal connection between the death and the officers' actions, either as a result of the position Aldrovandi was placed in or of the use of weapons. Noting that the officers' position improved as they were accused of "excess in exercising their duty", one defence lawyer claimed that Federico Aldrovandi's altered physical state, rather than the officers' conduct, explained the death. Thus the defence maintained the initial reports from the police and municipal authorities that blamed the death on drugs, despite tests for chemical substances in Aldrovandi's body only finding traces in his blood, insufficient to have serious or lethal consequences.
Forensic tests ruled out the external blows as the decisive factor, pointing to asphyxia as the cause of death resulting from exceptional psycho-physical stress leading to a breakdown of bodily functions. The tests commissioned by the family pointed to a compression of the thorax as the possible cause for the asphyxia. Defence lawyers interpreted the report as confirming the officers' innocence, while lawyers representing the Aldrovandi family argued that the event leading to the death, a violent incident involving the police, was clearly established.
A witness who had observed the incident state