It starts all over again, from Ravenna, where the lightning acquittal in the first instance for the former chief physician and former head nurse of the “Umberto I” seemed to have truncated the trial for the suspicious death of the patient Rosa Calderoni even before birth. In fact, it was November 15 a year ago when the Court of Assizes of the Byzantine court already closed the trial against the 72-year-old from Bologna Giuseppe Re and the 66-year-old from Fusignano Cinzia Castellani, managers of the Lugo hospital at the first hearing there was still Daniela Poggiali. With the 49-year-old former nurse, indicted in 2014 on charges of having murdered the 78-year-old patient on 8 April of that year by giving her potassium lethal injections, the then head physician and head nurse had also been called to answer for voluntary homicide ( with possible fraud), for not having understood the alarm bells regarding the figure of Poggiali.
A year ago, in fact, the trial against them had been resolved in the first instance with a rare twist pronounced by the Ravenna Court presided over by judge Michele Leoni, drafter of the reasons with which the criminal proceeding which had now been stalled for two years was truncated and a half: Re and Castellani had been acquitted “because the fact does not exist” pursuant to article 129, which allows the judge to decide ex officio by ruling directly on the merits if he recognizes the elements to exclude the guilt of the defendants.
The Prosecutor’s Appeal
However, the deputy prosecutor Angela Scorza had appealed directly to the Supreme Court against the sentence, bringing questions of law to the attention of the stoats, contesting the salient points of the reasons. Starting from what happened – from that twist a year ago – he had retraced the trial against the two defendants, hinged on February 27, 2019 and postponed four times pending (and in the hope) of a decisive sentence against the former nurse, sentenced to life imprisonment in the first degree and then passed through a rebound of acquittals and annulments between Appeals and the Supreme Court. Poggiali, who returned to freedom on 25 October 2021, is still waiting for the Cassation to pronounce on the appeal presented by the Attorney General after the third acquittal for the death of Rosa Calderoni (the sentence of not guilty for the death of another patient, the 94-year-old Massimo Montanari, who was sentenced to 30 years in abridged version in the first instance, has instead become definitive).
The points raised by the prosecution
For the Public Prosecutor’s Office, the former head physician and head nurse is charged with an “improper omission crime”: that is, by remaining inert and deciding not to intervene against the nurse about whom alarming rumors were already circulating, they would not have prevented the patient’s death, according to the indictment caused precisely by Poggiali. And it doesn’t matter, the argument continues, if it wasn’t within the powers of both managers to remove the employee, as written in the acquittal document. They should have reported the situation to the disciplinary bodies, which they did not. Therefore, assuming that even a possible complaint from them could have collided with the inertia of other entities or subjects is not sufficient to mitigate their responsibility..
We will therefore start again from Ravenna. Where the defendants – Re assisted by the lawyer Tommaso Guerini, Castellari defended by colleagues Paola Brighi and Piero Venturi – will have to appear before a new court of assizes, for a trial which will see the offended parties present (represented by the lawyers Maria Grazia Russo and Marco Martines for the relatives of the deceased, as well as the Ausl), and that it is easy to return to waiting for the final word to be written once and for all on the main story, the one linked to the alleged murder of Rosa Calderoni.CopyAMP code