At this point it is placed on record that the suspect is shown a photograph found in his lodgings in the course of the search there carried out.
Having viewed the aforesaid photograph, Thiam states:
I know the boy portrayed in the photo but I learn only now that his name is Francesco Rubino. I knew him by the name of Ciccio.
When questioned, the suspect replies: It was the little boy who gave me the photograph. It wasn’t me who took the snap. I don’t even own a camera.
At 02.30 hours the taking of the record is suspended to enable the suspect to consult with his defence counsel.
At 03.20 hours the record is resumed.
When questioned, the suspect replies: Even after talking to the lawyer – who advised me to tell the truth – I have nothing to add to the statements I have already made.
The defence had no observations to make.
Read, confirmed and signed.
Two days after his arrest, the hearing took place before the magistrate in charge of preliminary investigations. Abdou had availed himself of the right not to reply.
Since then he had not been further interrogated.
I re-read the order for precautionary detention. I read the decision of the regional appeals court by which – rightly, in view of the evidence – Abdou’s appeal was rejected.
I read and re-read every single document.
The statements of the habitués of that beach who said they had often seen Abdou stop and talk to the child. The statements of the Senegalese who spoke about the car-washing and the other Senegalese who had said that he had not seen Abdou at the usual beach the day after the child’s disappearance.
The scene-of-the-crime report about the finding of the boy’s body. The report of the search of Abdou’s home and the list of books confiscated.
The report of the police doctor, which I leafed through swiftly, avoiding the photographs.
The upsetting, useless statements of the boy’s parents and grandparents.
On the Sunday evening my eyes were smarting and I left the flat. The mistral was blowing and it was cold.
That pitiless cold peculiar to March, which makes spring seem a long way off.
I had thought of taking a stroll, but I changed my mind, fetched the car and headed north along the old State Road No. 16.
Bruce Springsteen was booming from the loudspeakers and in my head as I drove through the coastal towns, all deserted and swept by the north-west wind.
I stopped in front of the cathedral in Trani, facing the sea. I lit a cigarette. The harmonica screeched in my ears and in my soul.
The terrible words were written especially for my desperate solitude.
But I remember us riding in my brother’s car
Her body tan and wet down at the reservoir
At night on them banks I’d lie awake
And pull her close just to feel each breath she’d take
Now those memories come back to haunt me
They haunt me like a curse.
At dawn I woke up shivering with cold, the taste of tobacco smoke in my mouth. My hand was still clutching the mobile, which I’d stared at interminably before falling asleep, thinking of calling Sara.
12
The code of criminal procedure requires that at least twenty days elapse between the announcement that inquiries have been concluded and the application for committal for trial. The public prosecutors nearly always take much longer. Months, sometimes.
Cervellati filed the request for committal on the twenty-first day. Obsessive punctuality was typical of him. You could accuse him of practically everything, but not of letting documents stack up on his desk.
The preliminary hearing was fixed for early May. The judge was Ms Carenza, and all in all it could have been worse.
Among us defence lawyers La Carenza was considered one of the good ones. The shortened procedure became an increasingly interesting possibility. Abdou really did have a chance of getting off with twenty years.
In about 2010, with good conduct, he would be out on parole.
While I was having these thoughts, still holding the note with the date of the hearing, I had an uneasy feeling. A feeling that stayed with me all day long, without my being able to find a reason for it.
The same uneasy feeling took hold of me when, a week later, I had to visit Abdou in prison to explain to him why it was to his advantage to accept the shortened procedure, take twenty years or so instead of life, and begin chalking up the days on the wall of his cell.
Abdou was, or seemed, thinner than last time. He didn’t want to tell me how he had come by the enormous bruise on his right cheekbone. As he listened to what I had to say, he looked at the grainy lines in the wooden table, without making a single gesture suggesting that he’d understood or wondered what I was talking about. Not so much as a nod. Nothing.
When I had finished explaining what was the best solution for his case, Abdou remained silent for several minutes. I offered him a Marlboro but he didn’t take it. Instead he pulled out a packet of Diana Red and lit one of those.
He spoke only when he had finished the cigarette and the silence was becoming unbearable.
“If we choose the shortened procedure, have I any chance of being acquitted?”
He was just too intelligent. With the shortened procedure he would be found guilty for sure. I had not told him that but he knew implicitly.
I felt awkward as I replied.
“Technically, yes. Theoretically, yes.”
“What does that mean?”
“It means that in theory the judge could acquit you, but on the basis of what is in the documents produced by the public prosecutor, which is what the judge will base her decision on if we opt for the shortened procedure, it is extremely unlikely.”
I paused, and came to the conclusion that I didn’t feel like beating about the bush.
“Let’s say that it’s practically impossible. On the other hand, with the shortened procedure you’d avoid-”
“Yes, I’ve understood that. I’d avoid a life sentence. In other words, if we choose the shortened procedure I am certain to be convicted but they’ll give me a discount. Isn’t that it?”
My embarrassment grew. I felt the blood rising to my face.
“Yes, that’s it.”
“And if we don’t choose this shortened procedure, what happens then?”
“You will be committed for trial before the Court of Assizes. This means you will be tried in public before two judges, and six jurors, who are ordinary citizens. If you are found guilty by the Court of Assizes, you are in danger of life imprisonment.”
“But I do have a chance of being acquitted?”
“A slender one.”
“But more than with the shortened procedure?”
I didn’t answer at once. I took a deep breath. I passed a hand across my face.
“More. Not much more, but more. Bear in mind the fact that with the shortened procedure you are practically certain of being found guilty, whereas before the Court of Assizes something can always happen. All the witnesses have to be questioned by the public prosecutor and then we can cross-examine them. That means that I, as your counsel, can cross-examine them. One of them might not confirm his evidence, one of them might contradict himself, some new factor might arise. But it is a very grave risk.”
“What are my chances?”
“Hard to give a figure. A 5 or 10 per cent chance at the best.”