Chapters (43)
I stood up. “Objection, Your Honour. That’s a speculative question, asking the witness for a hypothetical opinion, and it also includes an implicit threat. It is therefore forbidden for two reasons: because it violates the prohibition on asking opinions of the witnesses and because at root it impugns the honesty of the answers according to article 499 paragraph 2 of the code of practice.”
“Assistant Prosecutor, ask questions about facts, not speculation,” said Marinelli.213
“You said you spoke with defence counsel and only after that conversation did you decide to change your version. Have I understood that correctly?”
“No, you haven’t. I said that talking with counsel, and even before reading the judges’ ruling and the transcript of my testimony, I realized I’d said some things that were unclear and that lent themselves to being misunderstood. That’s why counsel and I decided that I should testify again.”
“And you prepared the substance of your testimony together.”
I thought of standing up and objecting again. It would have been a correct objection, because the question implied that we had sat round the table and prepared the substance of the testimony, twisting it to suit us – in other words, it implied that I had done something improper. Then I realized that the objection would be a kind of pre-emptive self-defence, a demonstration that I was oversensitive and vaguely guilty. So I decided not to react – hoping Lorenza would find an effective answer.
“I don’t think it’s right, putting it like that. We didn’t prepare the substance of my testimony. I calmly told counsel why I remembered the time so clearly, he asked me if I was sure, I said yes and he said that then it would be necessary for him to request that I be called again to testify.”
Gastoni made a gesture of annoyance. “The court will evaluate if what you say is the truth or if it’s an attempt to fix a testimony that was rightly considered unreliable.”
Now an objection was unavoidable.
“Your Honour, could we ask the assistant prosecutor not to argue with the witness and not to make observations at this point that she’ll be able to develop, if she so wants, in her closing statement?”214
Marinelli sighed briefly. “Assistant Prosecutor, do you have any further questions? Questions, not observations.”
“I have no further questions,” she said ungraciously.
215
21
We had decided that the last two witnesses would be examined by Consuelo. So I made room for her in the central part of the bench and sat down at the side.
Judge Marinelli asked the bailiff to bring in Sabino Arcidiacono, the young man Cardace had had coffee with near Gaglione’s apartment.
He looked haggard, almost crestfallen, with something wary in the way he moved. He walked through the courtroom to the witness stand with his eyes down, as if finding himself here embarrassed him, as if it were something a little shameful.