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CRIME

Italy orders retrial for Americans convicted of killing police officer

Italy’s highest court on Wednesday ordered a retrial for two Americans convicted of killing an Italian police officer during a drugs bust while they were travelling in Rome.

Italy orders retrial for Americans convicted of killing police officer
Finnegan Lee Elder, convicted along with another US citizen on murder charges, speaks with his parents as he stands in a cell during the initial trial in Rome. The conviction has been thrown out and a retrial ordered. (Photo by Tiziana FABI / AFP)

In a verdict late on Wednesday, the Court of Cassation in Rome overturned the sentences handed to Finnegan Elder, 23, and Gabriel Natale-Hjorth, 22, and granted both a new appeal.

The pair had been sentenced to life in prison in May 2021 for stabbing to death policeman Mario Cerciello Rega while they were teenagers in a drugs’ bust gone wrong two years earlier in Rome.

READ ALSO: American students convicted of murdering Italian police officer

An appeals court in March 2022 reduced their sentences to 24 years for Elder, who wielded the knife, and 22 years for Natale-Hjorth, who helped hide the weapon after the attack. Prosecutors said his actions earlier in the
evening led to the murder.

The court will issue its reasons for the verdict in the coming weeks, and instruct an appeals court on the issues to examine in a new trial.

After the first trial last year, the two friends had begun serving the earlier life sentences, Italy’s harshest punishment, in separate Rome prisons.

The courtroom in Rome during the initial trial of two young US nationals for the murder of an Italian police officer on July 20th, 2020. (Photo by ANDREAS SOLARO / POOL / AFP)

“We are satisfied with the annulment of the sentence,” said Roberto Capra, the lawyer for Elder, whose new appeal is expected to consider aggravating circumstances.

“There will be a new trial on the heart of the matter – whether the carabinieri (police) identified themselves as members of law enforcement,” he added, saying this raised the potential of a new, lower sentence being imposed.

READ ALSO: ‘Worst night of my life’: US student charged with murder of Italian policeman apologises in court

The encounter between the two teenagers and the police officer and his partner on a dark Rome street lasted just 30 seconds.

Elder has admitted to stabbing Cerciello with an 11-inch (28-centimetre) knife, but he and Natale-Hjorth testified they were jumped from behind by Cerciello and his partner Andrea Varriale, both in plain clothes.

They claim they did not know the men were police, believing them to be drug dealers following the Americans’ botched attempt to buy drugs earlier in the evening.

But Varriale, the prosecution’s main witness, testified that he and Cerciello approached the teens from the front and identified themselves as police.

Lawyers for the Americans had sharply criticised the life sentences, Italy’s stiffest penalty.

They argue the lower courts have ignored inconsistencies in the testimony of Varriale – who has admitted to lying after the attack – that give credence to the defendants’ version of events.

The trial was reportedly marred by mistranslations and accusations of “inconsistencies” as well as claims that Rome prosecutors had “hidden evidence”

The murder of Cerciello, who was newly married, scandalised Italy while also raising doubts about police conduct after Natale-Hjorth was blindfolded while in custody.

The officer who blindfolded him was handed a two-month suspended sentence last month.

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POLITICS

Italy’s government proposes bill to make surrogacy a ‘universal crime’

Italy’s parliament is set to debate a bill that would expand criminal penalties for the use of surrogacy, in what opponents say is part of a broader attack on gay rights by the country’s hard-right government.

Italy's government proposes bill to make surrogacy a 'universal crime'

Prime Minister Giorgia Meloni is lead signatory on the new bill, which would make surrogacy – already a crime in Italy – a criminal act for Italians who make use of the practice anywhere in the world.

The motion combines previous draft laws from the ruling Brothers of Italy, Forza Italia and League parties, and will be debated in the lower house from Wednesday, according to news agency Ansa.

The move comes days after the government ordered the city of Milan to stop issuing birth certificates to the children of same-sex couples on the grounds that the practice violates Italian law.

READ ALSO: Milan stops recognising children born to same-sex couples

Prime Minister Giorgia Meloni has long been outspoken against surrogacy, which she has described as “a commodification of women’s bodies and of human life.”

In a heated parliamentary debate on the rights of same sex couples on Monday, her Brothers of Italy colleague Federico Mollicone, chair of the lower house’s Culture Committee, said surrogacy was “more serious than paedophilia.”

Similar comments were made in 2017 by a minister of the now-defunct New Centre Right party, who likened entering into a surrogacy arrangement to committing a sex crime.

READ ALSO: ‘Surrogacy is like a sex crime’: Italy minister

In early 2022, as leader of the Brothers of Italy party in opposition to Mario Draghi’s coalition government, Meloni put forward the same motion to make surrogacy a “universal crime”.

The text was adopted by the Justice Committee of the former legislature – a preliminary step before it can be debated in the lower house – last April, but did not go further at the time.

The crime of surrogacy in Italy is currently punishable with a prison sentence of over three years or a fine of between 600,000 and one million euros; penalties that the government is proposing to extend to all Italian citizens who engage in the practice, regardless of where it occurs.

Whether such a law would even be possible to pass or enforce is unclear, and legal experts have dismissed it as impractical. 

“There are no conditions that would justify an expansion of penal intervention of this type,” Marco Pelissero, a professor of criminal law at the University of Turin, told L’Espresso newspaper.

The idea of a universal crime “does not even exist in the legal language,” he said.

But the proposal has aroused fears that, if passed, the law could result in large numbers of same-sex parents whose children were born via surrogates being sent to prison.

“With this law we would be exposing families with young children to criminal law, quite simply criminalising procreative choices made abroad in countries where these practices are regulated,” Angelo Schillaci, a professor of Comparative Public Law at La Sapienza University, told the news site Fanpage.

‘We are aware of how hard this government is working to strip even the most basic rights from same-sex-parent families,” Alessia Crocini, head of the Rainbow Families organisation, said last week when it was first announced that Milan had been banned from registering the children of gay couples.

The move resulted in large-scale protests across the city on Saturday, and Milan Mayor Beppe Sala has pledged to fight the change.

“It is an obvious step backwards from a political and social point of view,” he said in a recent podcast interview.

On Tuesday, European Justice Commissioner Didier Reynders commented that European Union member states are required by EU law to recognise the children of same-sex couples.

“In line with the LGBTIQ equality strategy for 2020-2025, the Commission is in continuous dialogue with Member States regarding the implementation of the judgments of the Court of Justice of the European Union.”

“This also includes the obligation for Member States to recognise” children “of same-sex parents, for the purpose of exercising the rights conferred by the EU”, Reynders reportedly said in response to question about the developments in Milan.

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