“We are within reasonable doubt when, as in this case, the evidence, all of it, with nothing left out, can be explained in a different way from that proposed by the prosecution.

“It is not scandalous, as the assistant prosecutor seems to suggest with an appeal to emotion rather than reason, it is the rule as laid down by a justice system worthy of a civilized country, that an accused person, even when there is substantial evidence against them – and nobody disputes that in this case there is – must be acquitted if such evidence does not have one single, unequivocal explanation.

“You are being asked to decide with your emotions, while it is your task, and your duty, to decide with reason and intelligence. If you really want to imagine a situation, imagine you are the parents, siblings, friends of somebody who finds themselves involved in a terrible case through an equally terrible misunderstanding thanks to an unfortunate combination of 267circumstances, thanks to shortcomings in the investigation resulting from too much self-confidence or from the hastily formed belief that the right solution has been found immediately. The only possible solution.

“I could ask you to consider some other things. I could tell you that whoever fired those shots didn’t do so in order to kill. That’s very clear. Whoever fired those shots did so in order to kneecap his victim; the severing of the femoral artery, and the death that followed as a consequence, were almost certainly not the shooter’s intention. I could tell you that the legal definition of this act, whoever committed it, isn’t voluntary murder but unpremeditated murder. An instance, that is, in which the perpetrator acts to cause personal harm and death results from the act as an unintended consequence. I could tell you these things, but I’m not going to. I’m not asking you to consider them. I don’t think it’s right.

“All I ask is that this appeal court discharges the contested ruling and acquits Iacopo Cardace of the charges of murder and the unauthorized possession and carrying of a firearm, according to article 530 paragraph 2.”

268

27

Gastoni did not ask to respond.

Judge Marinelli turned to Cardace and asked him if he wanted to make a statement before the court retired to consider its verdict. Iacopo looked at me and I shook my head.

“Thank you, I don’t have any other statements.” Then, a moment later: “Except that I’m innocent.” It seemed like an entreaty.

Marinelli gave a nod that was hard to interpret. “We don’t know how long we shall be deliberating. You may all go. The clerk of the court will call you when we’re ready to come out to pronounce the verdict.”

I remained on my feet, in my robe, facing the now empty judges’ bench. I was still there when Annapaola joined me.

“Very good. You almost convinced me.”