Looking back at the Palermo maxi-trial
On 10 February 1986, what was probably the largest criminal trial in history got under way in Palermo. In this piece I look back at the build-up to the trial, some of the highlights of the proceedings, and the aftermath.
Birth of the antimafia pool
The idea of an antimafia pool of investigating magistrates dedicated solely to fighting mafia-related crime first comes from Judge Rocco Chinnici. Inspired by the success of the young Giovanni Falcone, who works in Chinnici’s office; his technique of studying in detail the links between cases and his philosophy of “follow the money” revolutionise mafia investigations, Chinnici starts to bring together a group of young magistrates but is murdered by Cosa Nostra on 29 July 1983 before he can bring the pool into existence.
Chinnici is replaced by Antonino Caponnetto, who succeeds in setting up the antimafia pool, despite stubborn resistance from traditionalists who want to maintain the system of rotating all cases among all magistrates, hindering the acquisition of specialist knowledge and expertise. He models his antimafia pool on a similar anti-terrorism structure created by Giancarlo Caselli in Turin. It should not be forgotten that in the 1980s, as well as the mafia, Italy faces serious threats from the Red Brigades & neo-fascist terrorist groups.
Caponnetto’s pool initially consists of Giovanni Falcone, Paolo Borsellino, Giuseppe Di Lello and Leonardo Guarnotta. Now, for the first time, there is a team of specialist investigators dedicated solely to fighting the mafia.
There is also a new statutory weapon available: article 416-bis of the Criminal Code. Article 416-bis, introduced in September 1982, provides for heavy penalties for belonging to or aiding mafia-type organisations and increases penalties for crimes committed in the interests of such organisations. It also defines mafia-type organisations for the first time.
The first ever ‘pentito’
The antimafia pool soon has its great opportunity and takes full advantage of it. The mafia experiences its first ever 'pentito', an assisting offender willing to reveal the secrets of the organisation: Tommaso Buscetta.
Buscetta flees to Brazil in August 1980, while on parole, to escape the mafia war between the traditional Palermo mafia, to which he belongs and which is losing the war, and the new ruthless Corleonesi clan, headed by Totò Riina and his brother-in-law Leoluca Bagarella, who are becoming dominant by infiltrating the traditional clans and eliminating those who oppose them.
As the Corleonesi can't reach Buscetta in Brazil (he undergoes surgery to alter his appearance and his voice), they take revenge by killing 11 of his relatives, including his two sons from his first marriage, as well as one of his brothers, a son-in-law, a brother-in-law and four of his nephews.
In October 1983, he is arrested by Brazilian police. In June 1984, Falcone travels to Brazil to question Buscetta, gaining the impression he may agree to collaborate with the state, though he initially refuses. Italy then requests his extradition. Before it happens he attempts suicide by taking strychnine but is saved by prison guards.
Once in Italy, Buscetta begins to reveal the secrets of the Sicilian mafia. The fact that his boss, Pippo Calò, has switched sides and supported Riina, along with the murder of so many of his relatives, convince him to give in to Falcone’s gentle persuasion and open up.
Falcone says of Buscetta's collaboration: "Before him, we had only a superficial idea of the mafia phenomenon. With him we began to see inside it. He supplied us with a lot of information on the structure, on the recruitment methods and on the functions of Cosa Nostra. But, above all, he gave us a global, wide-ranging overview of the phenomenon. He gave us the key to understanding it, a language, a code. For us, it was like having a language teacher who allowed us to communicate with foreigners without having to resort to gestures."
It seems incredible now but the information provided by Buscetta is a revelation. Nobody even knew up to this moment that the name of the organisation was 'Cosa Nostra', let alone what a strong command & control structure it possessed.
Preparing the maxi-trial
Evidence provided by Buscetta & others who follow his example is gathered by the antimafia pool and, in combination with the new Article 416-bis of the Criminal Code, it is decided the mafia will be hit hardest not by numerous separate trials but by one so called 'maxi-trial'.
Twenty-one mafiosi decide to collaborate; the key ones, apart from Buscetta, are Salvatore Contorno and Vincenzo Sinagra. It is important to note that, under Italian law, assisting offenders get no immunity from prosecution, only a reduction of sentence.
On 29 September 1984, the information received from Buscetta & other 'pentiti' leads to 366 arrests in the police operation known as the 'Blitz of San Michele' and preparations for the maxi-trial begin in earnest.
The task of writing the commital order falls to Falcone and Borsellino. Under the system then in force (reformed in 1988), the 'giudice istruttore' writes a report presenting a summary of all the evidence gathered in investigations & either committing suspects to trial or discharging them. In this case, there are 707 suspects: a massive undertaking.
In summer 1985, realising the threat the investigations represent to the organisation, Cosa Nostra kills one of Falcone and Borsellino’s closest collaborators, police officer Beppe Montana, on 28 July. At this point, Falcone & Borsellino are in grave danger.
In an interview in July 1992, two months after Falcone's murder and a few days before his own, Paolo Borsellino says, "as we were heading to the scene of Beppe Montana's murder, Ninni Cassarà said to me 'let's accept that we are dead men walking'..." He continues, "I've always accepted the consequences of the job I do, of where I do it and how I do it … we all have the moral duty to continue to do this work without letting ourselves be conditioned by the feeling or, indeed, certainty that it could cost us dear."
Excerpt from Paolo Borsellino's last interview
Returning to summer 1985, Caponnetto receives intelligence from inside prisons that Falcone and Borsellino are in mortal danger so, on 5 August, they & their families are flown secretly to Sardinia & transferred to Asinara Island. The next day another of their trusted police team, Ninni Cassarà (quoted by Borsellino in the interview above), is also murdered in Palermo.
Asinara is now a National Park but until 1998 it was home to a maximum security prison, a kind of Italian Alcatraz. In 112 years of use, only one prisoner succeeded in escaping. For this reason, it is considered a safe place for Falcone & Borsellino to continue their work. Falcone & Borsellino have long been friends, not just colleagues. They were born 8 months apart, both grew up in the Kalsa district of Palermo, they went to the same schools & both studied Law at Palermo University. This isolation only serves to bind them closer together.
To get a measure of how they must have felt & how dedicated they must have been to their cause, just consider this: these men who risked their lives every day to serve the state, on leaving Asinara on 30 August, are presented with the bill to pay for their board & lodging. Nonetheless, their stay on Asinara allows them to complete their drafting of the commital order. The final document, filed on 8 November 1985, consists of 8,607 pages in 40 volumes, requesting committal for trial for 476 people & discharging 231. Now, the first ever trial of its kind, the largest criminal trial in history, needs to be organised.
Build-up to the trial
Organising a trial for 475 defendants (1 dies beforehand) is a logistical & security nightmare. No courthouse is large enough for defendants, lawyers, press etc. Moreover, transporting numerous prisoners at risk of escaping or being killed every day is unthinkable. The solution is to build a special courthouse, the 'Aula Bunker', linked directly to the Ucciardone prison, built in reinforced concrete, with bullet proof glass & designed to withstand a missile attack. Construction is completed in under 6 months, incredibly fast by Sicilian standards.
There are cages for prisoners, space for 200+ lawyers, press & public. This means prisoners can be brought straight from their cells into the courtroom. Many of those on trial are fugitives from justice and are tried in absentia, permissible under Italian law. Accommodation is also built for judges to use when necessary and cells for 'pentiti' such as Buscetta to avoid the need for high risk transfers.
The Court is a "Corte d'Assise", composed of two professional judges and six 'giudici popolari', similar to jurors in common law systems: together they form a kind of jury. Naturally, there are fears of intimidation so 26 'giudici popolari' are listed in case of necessity. It is also difficult to find a judge to preside the Court. Ten judges manage to find a way of avoiding the job before Alfonso Giordano accepts the appointment. Giordano is much more experienced in civil law than in criminal cases but “beggars can’t be choosers” and, in fact, he will turn out to be more than capable of doing the job. The second judge is Pietro Grasso.
The maxi-trial is criticised by some politicians (no prizes for guessing which ones) and parts of the press, who see it as spectacularisation of justice and consider Falcone and Borsellino to be ambitious & power hungry, eager to advance their careers. The most famous example is a piece in "Corriere della Sera" on 10 January 1987, "I professionisti dell'antimafia", by Sicilian intellectual & author Leonardo Sciascia. The article particularly targets Borsellino, who has just been appointed Chief Public Prosecutor in Marsala, ahead of senior colleagues.
Borsellino gets the job because of his greater antimafia expertise but Sciascia sees it as arrogance and careerism. Sciascia's position finds more supporters than opponents and marks the start of Falcone's sense of isolation, as Borsellino reveals after Falcone's death. This support encourages Sciascia to continue with his campaign saying that the power of antimafia is "very similar, overall, to the power of the mafia and to the power of fascism" (Giornale di Sicilia) & "in the name of antimafia, a kind of terrorism is used…” (RAI Tg2). Sciascia will later apologise to Borsellino for singling him out.
Highlights of the maxi-trial
The links in the description below are to a shortened version of a documentary about the maxi-trial made by Italian public broadcaster RAI. The quality is not great but adequate to convey the atmosphere in the courtroom. Apologies to those who do not understand Italian as there is no version with English subtitles available as far as I know. This is the link to the whole video on YouTube:
Documentary on Palermo maxi-trial
Even if you don't understand Italian, the clips1 from the trial show you the mafiosi's faces (including a brief view of Buscetta's face), let you hear their arrogant tones, thick Palermo accents and veiled threats, as well as the surprisingly chatty, relaxed and informal manner of Judge Giordano.
In these clips of the maxi-trial you will not see Falcone or Borsellino. Their job is over when the committal order is completed. The state is represented by Public Prosecutors, Giuseppe Ayala and Domenico Signorino.
However, the prosecution case is based entirely on the committal order written by Falcone and Borsellino. In a sense, Ayala and Signorino act as their mouthpieces and it is in this context that we can grasp why the former two come to be considered such a threat by Cosa Nostra.
Judge Alfonso Giordano has taken on an enormous responsibility and incredible workload. He immediately establishes that the court will sit every day, except Sundays, something almost unheard of in the Italian court system. This is because many of the defendants are on remand and there is a risk of their being released if the trial drags on for too long. After the trial ends, Giordano reveals that he practiced yoga every day in order to maintain a sense of tranquillity and equilibrium.
The trial opens on 10 February 1986 and is soon bogged down by procedural details & delaying tactics from defendants & their lawyers (up to 7m15s). This is not unusual in Italian trials but with 475 defendants it is obviously much worse
Delaying tactics from defendants & defence lawyers
This situation drags on for almost two months and many think the trial will never get off the ground. Something special has to happen to overcome the stalling tactics and, on 3 April 1986, it does. Buscetta himself unexpectedly appears in court to give evidence.
In late 1985, Buscetta is extradited to the USA, where he is granted citizenship and given protection under a new identity in return for his collaboration in antimafia investigations. The US authorities allow his temporary return to Sicily to get the maxi-trial moving.
Buscetta enters the courtroom to complete silence from the defendants. They realise the situation has become much more serious for them now that he is there in person. Buscetta gives evidence (7m23s to 12m) confirming the existence of Cosa Nostra.
Buscetta gives evidence on the structure of Cosa Nostra
It may seem strange now but the existence of a disciplined organisation with a chain of command, rules of behaviour etc. is widely doubted by politicians, journalists and even Judges at the time. Falcone's greatest victory is getting this confirmed by a mafioso in a court of law.
After confirming how Cosa Nostra is structured, split into “mandamenti” and headed by a Commission or Cupola that coordinates activities & authorises murders, Buscetta goes on (12m to 35m40s) to describe how Riina's Corleonesi, eliminated the old mafia. This includes the murder of many members of Buscetta's family.
Buscetta testifies on the mafia war
The Corleonesi take control of all mafia families & dedicate themselves to lucrative drug trafficking. So, the so called 'mafia wars' are not between families but within families as the Corleonesi infiltrate them and members pick sides. Murders of judges, police officers, such as Boris Giuliano, and politicians, such as Piersanti Mattarella (brother of current President of Italy), are not just means of removing threats but also of demonstrating the dominance of the Corleonesi.
Testimony from Buscetta against the Corleonesi is key to understanding how the mafia is changing. As a member of the old mafia, he does not identify with the brutal methods of the Corleonesi, who he does not consider to be 'men of honour' (35m40s to 39m10s).
Buscetta speaks about the difference between the old mafia & the Corleonesi
At a certain point, the defendants change their tactics from delaying & distracting to attacking Buscetta. First Luciano Liggio, then others, ask to testify and to be able to have a so called "confrontation" with their accuser; this is a procedure allowed for in Italian criminal trials (39m08s to 41m25s).
Liggio & others request confrontations with Buscetta
Liggio testifies (41m24s to 45m44s) & denies belonging to Cosa Nostra. He claims Buscetta has invented his accusations. How could he have committed crimes while in jail? In reality, it is well known that mafia bosses maintain their authority when in jail.
Next to testify is Salvatore Contorno (45m45s to 52m24s), a mafia killer whose revelations have sent 160 people to prison. He describes the initiation ceremony into Cosa Nostra. Note the angry reaction of the defendants when he insults them (46m35s).
Contorno testifies on the initiation ceremony into Cosa Nostra
The next mafioso to give evidence is Pippo Calò (52m24s to 54m54s), considered to be the financial brain behind Cosa Nostra's money laundering. He is on trial on 137 counts, including 64 murders. His role in the trial is soon to become fundamental.
Calò is the first and only defendant to be granted a "confrontation" with Buscetta (54m55s to 1h07m29s). It is a tense moment as Calò was Buscetta's boss and switched sides to support the Corleonesi, so he is deeply despised by Buscetta. Calò attempts to intimidate Buscetta by using veiled threats and references to members of his family who have been killed, but his strategy fails as Buscetta holds tight and confirms all his accusations.
Confrontation between Pippo Calò & Tommaso Buscetta
Following this débacle for Calò, all the other defendants who have demanded a confrontation with Buscetta hurriedly withdraw their requests. In any case, the next day, Buscetta is returned to US authorities, who fear for his life.
A series of other mafiosi accused by Buscetta follow on the witness stand, all denying membership of Cosa Nostra or, indeed, any knowledge of its existence, let alone involvement in any crimes, reverting to their original tactics (1h07m31s to 1h11m44s).
Mafiosi deny existence of Cosa Nostra
Another key moment in the trial is the testimony of Michele Greco (1h11m44s to 1h23m04s). Nicknamed the "Pope", he had been on the run for 2 years after being found guilty of ordering the murder of Judge Rocco Chinnici. Greco is arrested, after the trial has started, hiding in an isolated mountain hut with just a mule for company. He maintains the line of denying everything. Note the hatred in his facial expression when speaking about Buscetta (1h15m55s to 1h16m20s).
Greco is followed by Ignazio Salvo, who is responsible, with his cousin Nino (deceased), for the Sicilian Regional tax collection agency & is accused of being a mafioso by Buscetta (1h23m04s to 1h25m04s).
Salvo could have been a key witness in establishing a link between mafia and politicians, particularly Vito Ciancimino, former Mayor of Palermo, accused by Buscetta (1h33m53s to 1h35m09s) of being under the command of Totò Riina & the Corleonesi. In the event, this scenario receives no confirmation in this trial. It will be proved later, however, brought to light in further investigations and trials.
Buscetta speaks about Vito Ciancimino
After 5 months, the Court starts to hear testimony from the relatives of people killed by the Corleonesi in the mafia war that has seen blood spilt in the streets of Palermo for years (1h25m04s to 1h30m00s). Omertà, however, means that these people, who have lost husbands, fathers, sons & brothers are too afraid to speak. There is an endless stream of "I don't know" or "I don't remember".
Relatives of mafia victims on the witness stand
Note the terrified woman (1h27m38s to 1h28m25s) who refuses to confirm in court a statement made to investigating judges. She keeps glancing at the cages holding the defendants, so much so that Judge Giordano, usually very affable, loses his temper.
Frightened woman fails to confirm statement
Gruesome details of mafia killings are revealed by the mother of a victim of the Corleonesi and Vincenzo Sinagra (1h28m25s to 1h32m58s), a mafia killer, who describes how victims are interrogated, tortured, strangled & their bodies dissolved in acid.
Description of mafia killings & disposal of bodies
Luciano Liggio, towards the end of the trial, (1h35m10s to 1h40m20s), perhaps in a last desperate attempt to discredit Buscetta, alleges that Buscetta approached him in the spring of 1970 on behalf of military figures who wanted to stage a coup in Italy. The role of mafia would be to create sufficient fear in the population & instability in the country to make a coup seem necessary or desirable. In return, they would have charges dropped against them. Liggio claims Buscetta seeks vendetta because of Liggio’s refusal to participate.
Liggio describes alleged plan for a military coup
On 22 April 1987, Public Prosecutors, Signorino & Ayala, begin their closing speech (1h40m18s to 1h41m43s). It lasts 12 days. They request 28 life sentences (for all members of the cupola), almost 5,000 years of prison in total, and 54 acquittals.
Public Prosecutors begin closing speech
Following this, almost 200 defence lawyers make closing speeches (1h41m43s to 1h42m09s), all using the same defence: Buscetta, Contorno, Sinagra & others are seeking revenge for having lost control to the Corleonesi & are, therefore, untrustworthy.
Defence lawyers make closing speeches
Just before the court adjourns, Michele Greco speaks (1h42m10s to 1h43m05s). Even if you don't understand Italian, it Is interesting to listen to because it is a classic mafia-style veiled threat, made directly to the presiding judge, Alfonso Giordano. Calmly, Greco wishes the judge "peace, tranquillity of spirit & conscience because serenity is fundamental when judging people". He continues, "I hope that this peace will accompany you for the rest of your life". Of course, everybody knows he is wishing the exact opposite.
Michele Greco threatens Judge Alfonso Giordano
On 11 November 1987, after 21 months or 628 days of trial, the Court (Judge Alfonso Giordano, Judge Pietro Grasso & 6 'popular judges') retires to consider the verdicts (1h43m06s to 1h43m28s). During their deliberations they remain inside the bunker.
They return after 35 days of deliberation and Judge Giordano (now sporting a beard, as does Judge Grasso) takes an hour & a half to read the verdicts: 346 convictions, 114 acquittals, 19 life sentences, a total of 2,665 years of imprisonment (1h43m28s onwards). The largest criminal trial in history comes to an end.
Judge Giordano reads the verdicts
In case you are left wondering, Michele Greco's threat to Judge Giordano proves to be empty. Giordano died in July 2021, aged 92 (photo - Huffington Post). The second judge, Pietro Grasso is now a politician and served as President of the Italian Senate from 2013 to 2018.
Appeal and Supreme Court of Cassation
Under the Italian judicial system both defence and prosecution have an automatic right to appeal, which clearly comes into play here. Before it can even get under way, the Appeal trial is stained in blood when the Judge appointed to preside over it, Antonino Saetta, is murdered by Cosa Nostra, along with his son Stefano, on 25 September 1988.
The trial starts on 22 February 1989 under a new judge, Vincenzo Palmegiano, and lasts almost as long as the trial of first instance. New ‘pentiti’ are called to testify, the best known being Francesco Marino Mannoia.
When the verdicts are finally delivered on 10 December 1985, they prove to be disappointing for the antimafia pool. Although, the Court of Appeal confirms the main findings of the original judgment, there are considerable reductions in the sentences handed down: the life sentences are reduced from 19 to 12; the total number of years of imprisonment go down from 2,665 to 1,576; 86 additional defendants are acquitted.
Cosa Nostra now has reason to be more optimistic and this optimism is reinforced on 11 February 1991, when 40 mafiosi convicted both in first instance and on appeal are released from prison because they have reached the limit of their time on remand. This is determined by a judgment of the First Section of the Supreme Court of Cassation, presided over by Judge Corrado Carnevale, who is nicknamed “ammazzasentenze” (“conviction killer”) because of the large number of convictions he quashes, particularly in mafia-related cases.
The problem is quickly resolved by the government, which rushes legislation through Parliament to close the loophole that permitted the release of the mafiosi. Cosa Nostra, however, hopes to “arrange” things so that Carnevale’s Section is the one to hear the final stage of the maxi-trial.
This eventuality is avoided when Giovanni Falcone, now working at the Ministry of Justice in Rome, convinces the President of the Supreme Court of Cassation to apply a system of rotation, whereby mafia-related cases are assigned to each Section in turn. The maxi-trial is thus assigned to the Sixth Section under Judge Arnaldo Valente.
As happened for the Appeal, the Court of Cassation case is also marked by the murder of a servant of the state involved in it. On 9 August 1991, the Public Prosecutor preparing to represent the state at the hearing, Antonino Scopellitti, is killed by ‘ndrangheta in Calabria, almost certainly as a favour for Cosa Nostra.
The final word on the maxi-trial is the judgment handed down by the Supreme Court of Cassation on 30 January 1992. All the convictions at the appeal trial are confirmed and most of the acquittals are overturned: a victory for the state over Cosa Nostra.
Aftermath of the Palermo maxi-trial
The verdict in the maxi-trial is of historic importance. It is the first time the mafia has been officially recognised as a structured organisation with a chain of command. Falcone's investigations have been fully vindicated in almost 1 million pages of trial documents.
The immediate effect of the ending of the maxi-trial is the launch of a brutal war on the state by the head of Cosa Nostra Totò Riina, who initiates a terrorist bombing campaign that lasts through 1992 and 1993. The most illustrious victims of this campaign are Giovanni Falcone and Paolo Borsellino, the two men who contributed more than anyone else to the preparation and success of the maxi-trial.
The state structure at the time is already seriously weakened by the corruption scandals known as ‘Tangentopoli’, with Judge Antonio Di Pietro leading the ‘Mani Pulite’ investigation in Milan. This has led to a loss of trust in the traditional political parties and the growth of new ones, such as the Lega Nord. Public confidence in the state and the political system is at an all-time low. If the state is unable to stand up against this onslaught from Cosa Nostra there is a serious risk of institutional instability, or even collapse.
From this position of weakness, certain elements of the state, in particular senior officers in the Carabinieri, undertake negotiations with Cosa Nostra, through the former Mayor of Palermo Vito Ciancimino, in an attempt to bring the bombing campaign to an end. These negotiations begin after Falcone’s murder and it has been hypothesised that Paolo Borsellino discovers what is going on, is shocked by the discovery, and is killed to stop him interfering.
Three Carabinieri officers, General Antonio Subranni, Colonel Mario Mori and Captain Giuseppe De Donno have recently been tried for these negotiations, along with former Interior Minister Nicola Mancino and Berlusconi’s right-hand man in Sicily Marcello Dell’Utri. At first instance, on 20 April 2018, Mori, Subranni and Dell’Utri are sentenced to 12 years’ imprisonment, while De Donno receives 8 years and Mancino is acquitted.
On appeal, on 23 September 2021, Mori, Subranni and De Donno are found ‘not guilty’ because “the action does not constitute a criminal offence”, while Dell’Utri is acquitted for “not having committed the action”. In other words, Dell’Utri had nothing to do with it, while the Carabinieri officers did negotiate with Cosa Nostra but, in the coourt’s opinion, that does not in itself constitute a crime.
The case is now before the Supreme Court of Cassation for the final ruling.
In the end, nothing comes of the negotiations. In January 1993, Totò Riina is arrested in Palermo (incidentally by the Carabinieri). The bombing campaign continues under the direction of recently arrested Matteo Messina Denaro and others, ending with the failed car bomb attack at the Olympic Stadium in Rome on 23 January 1994.
Three days later, on 26 January 1994, Berlusconi makes his famous TV address in which he announces his entry into politics with his new party ‘Forza Italia’. Over the next two years, the political landscape is transformed and in May 1994 Berlusconi wins his first election.
My next post will deal with how all these events, the maxi-trial, the bombings of 1992 and 1993, the negotiations with Cosa Nostra, tie in with Berlusconi’s rise to power.
YouTube only allows clips of maximum 60 seconds, which is insufficient here, so I have shared links where the video starts at the correct time, as indicated in the text, but does not end at the time shown and just carries on. Apologies.