Santa Maria Capua Vetere – The major trial into the brutal abuses inflicted on inmates at the Santa Maria Capua Vetere prison on April 6, 2020, is once again in chaos. The hearing, rescheduled for yesterday, was immediately postponed, while the defendants' lawyers' protests against the replacement of the judge at the helm of the panel intensify. Tensions have culminated in a formal request to Justice Minister Carlo Nordio for a ministerial inspection to clarify the handling of the trial.
Surprise Postponement: Video Recordings Disappeared
The postponement was ordered by the new president of the Assize Court, Claudia Picciotti, who replaces President Roberto Donatiello. After completing the appeals of the 105 defendants—including prison officers, DAP officials, and local health authorities (ASL) doctors—the judge noted a serious anomaly: the video recordings of two crucial hearings, those of July 5 and September 18, 2023, were missing from the case file.
This incomprehensible absence forced a hasty postponement of the hearing until Wednesday, December 3, further lengthening the already mammoth and controversial trial.
Massive protest: "Ministerial inspection now!"
The real crux of the crisis, however, is the change in the presiding judge. The transfer of Donatiello, who had followed the trial since its inception (November 2022), and his replacement with Dr. Picciotti have been strongly contested by the defense, who believe the change is intended to slow down or disrupt the imminent final phase of the proceedings.
The lawyers signed and filed a document that leaves no room for interpretation, requesting direct intervention from the Ministry of Justice.
"It has been implied," the defense attorneys write, "that the reasons for the President's replacement are health-related, a factor that requires official clarification not only to assess the legality of the act, but also and above all to exclude any possible repercussions of the alleged state of health on the activities carried out up until a few days before the replacement.
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Question of Legitimacy and Chain Requests
The protest began on November 24th with a proclamation of abstention, which had already caused a hearing to be cancelled. The lawyers then formally requested the Naples Court of Appeals to officially revoke Donatiello's application.
In the subsequent hearing on November 26, the defense raised the stakes:
New Evidence Requests: Presentation of evidence that, if accepted, risks indefinitely prolonging a trial that seemed to be nearing completion.
Question of Constitutional Legitimacy: Attorney Giuseppe Stellato has raised questions about the legitimacy of the rules governing the change of judge during a trial, a matter on which President Picciotti has reserved the right to decide.
The legal battle has transcended the confines of a single courtroom: the Criminal Chamber of Santa Maria Capua Vetere, supported by all the Criminal Chambers of the Naples District and the Union of Italian Criminal Chambers, has sent a joint letter to the Keeper of the Seals, Nordio.
The latest act of an unprecedented protest took place today, with lawyers still refusing to relent, turning the trial over prison violence into a heated debate over the fairness and transparency of the Italian justice system.
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