Prosecutors on Tuesday
requested that an appeal court reverse the acquittals of several
penitentiary police officers and nurses accused in the case of
Stefano Cucchi, a 31-year-old man who died in custody in 2009.
Cucchi died while in custody at Rome's Pertini prison
hospital on October 22, 2009, one week after being arrested on a
drug charge.
At the first-instance trial last year, five doctors and a
hospital staff member were convicted, but three warders and
three nurses were acquitted, sparking anger and outrage from
Cucchi's friends and family who screamed "killers" as the
sentence was read out in court.
The first-instance judges said Cucchi's condition was not
properly treated by hospital staff and that his death was caused
by a "severe shortage of food and liquids".
The prosecution, however, maintains that Cucchi was beaten
in custody too.
An autopsy shortly after Cucchi's death found he was
severely dehydrated and also had two broken vertebrae and
internal organ damage.
On Tuesday Prosecutor General Mario Remus said Cucchi was
beaten after a hearing to confirm his arrest, not before it, as
the prosecution had asserted at the first trial, in a dramatic
turn of events.
"There is proof that Stefano did not have any signs of
being a victim of aggression before reaching the hearing," Remus
told the court.
"The attack took place after the hearing to confirm the
arrest and before he was taken to prison.
"The position of the injuries on Stefano's body do not lead
one to believe they were caused by an accidental fall, but by a
full-blow attack.
"He was attacked by the penitentiary police who had him in
custody".
A lawyer representing one of the the warders, however, said
the prosecution had added "doubts on to other doubts" by
changing the time of when the alleged attack took place.
"The prosecutor didn't say whether it was the Carabinieri
police who took him to the cell or the warders who supposedly
beat him," added the lawyer, Diego Perugini.
"And he forgot to say upon what testimony he can support
what he said in his address".
One of the nurses on trial, Giuseppe Flauto, said it was
not possible to care for Cucchi because he was uncooperative.
"I always did my duty," Flauto, who faces a possible
12-month jail term, told the court.
"I always tried to help Stefano, but he didn't want my
help".
In addition to reversing the acquittals, the prosecutor
also requested that the sentences for those convicted at the
first trial be increased.
Hospital director Aldo Fierro was sentenced to two years,
physicians Stefania Cordi, Flaminia Bruno, Luigi De Marchis and
Silvia Di Carlo one year and four months, and staff member
Rosita Caponetti eight months.
The guilty are on parole rather than serving prison time.
Cucchi's family welcomed the prosecutor's requests.
"I'm very satisfied," said Giovanni Cucchi, Stefano's
father Stefano.
"The conditions are there for the truth to finally emerge
at this trial.
"We are asking for this forcefully, without asking for any
vendetta at all".
ALL RIGHTS RESERVED © Copyright ANSA
