presentazione tesi laurea magistrale

Università degli Studi di PaviaA.A. 2007- 2008

Corso di laurea specialistica in:Editoria e Comunicazione Multimediale

MEDIA E PRESUNZIONE DI NON COLPEVOLEZZA: IL CASO TORTORA

di: Luigi Lipardi

Relatore: Prof. Giampaolo Azzoni Correlatore: Dott. Stefano Colloca

My Work in 4 StepsMy Work in 4 Steps

1. Chronicle of Tortora case: from arrest to absolution (the sensational miscarriage of justice)

2. Relevant deontological duties for 2. Relevant deontological duties for judicial newsjudicial news

3. Analysis of media attitude: research on 3. Analysis of media attitude: research on press in generalpress in general and the “Corriere della Sera” caseand the “Corriere della Sera” case

4. Interview with Vittorio Pezzuto, the only 4. Interview with Vittorio Pezzuto, the only biographer ofbiographer of Enzo Tortora Enzo Tortora

1. Chronicle of Tortora case 1. Chronicle of Tortora case (Main events)(Main events)

17th June 198317th June 1983

↓↓ Arrest of Enzo Arrest of Enzo

TortoraTortora

23rd June 23rd June 1983 →→

↓↓ Suspension from Suspension from

OdgOdg

Tortora’s first questioningTortora’s first questioning

da www.tortora.tv


14th August 1983 14th August 1983 → → Transfer from Regina Coeli to Transfer from Regina Coeli to Bergamo jail Bergamo jail

29th September 1983 29th September 1983 → → Tortora’s second Tortora’s second questioningquestioning

17th January 1984 17th January 1984 → → Authorization to house arrestAuthorization to house arrest 9th March 1984 9th March 1984 → → Tortora’s third questioningTortora’s third questioning 6th May 1984 6th May 1984 → → Candidacy for European electionsCandidacy for European elections

da www.tortora.tv


19th June 1984 19th June 1984 → → Election in Pr lists with Election in Pr lists with 451.000 votes451.000 votes

17th July 1984 17th July 1984 → → Indictment for Enzo TortoraIndictment for Enzo Tortora 20th July 1984 20th July 1984 → → Release due to the electionRelease due to the election 15th November 1984 15th November 1984 → → Head to head: Tortora Head to head: Tortora

vs. Negrivs. Negri

da www.tortora.tv


4th February 1985 4th February 1985 → → Beginning of maxi-trial to Beginning of maxi-trial to NcoNco

4th March 1985 4th March 1985 → → First hearing for Tortora in First hearing for Tortora in PoggiorealePoggioreale

26th April 1985 26th April 1985 → → Public prosecutor: “Your Public prosecutor: “Your client was elected by the Camorra votes”client was elected by the Camorra votes”

17th September 1985 17th September 1985 → → Conviction of Enzo Conviction of Enzo TortoraTortora

da www.tortora.tv


23rd September 1985 23rd September 1985 → → Announce to quit Announce to quit soon from the European Parliamentsoon from the European Parliament

10th December 1985 10th December 1985 → → Resignation Resignation → → Giving parliamentary privilege upGiving parliamentary privilege up

29th December 1985 29th December 1985 → → Comeback under Comeback under house arresthouse arrest

14th January 1986 14th January 1986 → → Opinions of sentence Opinions of sentence → → Tortora as “cynical death merchant”Tortora as “cynical death merchant”

20th May 1986 20th May 1986 → → Beginning of the second Beginning of the second degree trialdegree trial

15th September 1986 15th September 1986 → → Absolution of Enzo Absolution of Enzo TortoraTortora

2. Relevant deontological 2. Relevant deontological dutiesduties

Truth Independence Truth Independence Respect for personRespect for person

↓↓

All three not pursued by journalists in the Tortora caseAll three not pursued by journalists in the Tortora case


Respect for person Respect for person → → ↓ ↓ Tutelage of one’s dignityTutelage of one’s dignity

↓ ↓ es: use of handcuffs, photos in jail, es: use of handcuffs, photos in jail, journalistic fabrications, ecc.journalistic fabrications, ecc.

↓ ↓ Journalists’ duties paper (1993)Journalists’ duties paper (1993) Code of conduct concerning treatment of personal Code of conduct concerning treatment of personal

data practicing journalistic activity (1998) data practicing journalistic activity (1998)

Presumption of not guilty

↓↓

Italian Constitution: art. 27, c. 2 Italian Constitution: art. 27, c. 2


Journalists’ duties paper (1993)Journalists’ duties paper (1993)

““the journalist must not build the news as to present the journalist must not build the news as to present guilty people who has not been judged as such in a trial”guilty people who has not been judged as such in a trial”

Code of conduct concerning treatment of personal Code of conduct concerning treatment of personal data practicing journalistic activity (1998) → art. 8, data practicing journalistic activity (1998) → art. 8, c. 2c. 2

““the journalist must not film and reproduce images or the journalist must not film and reproduce images or photos of people under detention without person photos of people under detention without person concerned consent”concerned consent”

3. Analysis of media 3. Analysis of media attitudeattitude

Journalists who held Tortora to be guiltyJournalists who held Tortora to be guilty↓↓

QuotationsQuotations::

““Ingenuous or guilty? Pitch dark. It is making way a new Ingenuous or guilty? Pitch dark. It is making way a new distrust: but whodistrust: but who

does this television bring us home?”does this television bring us home?” Giorgio Torelli, “Il Giornale”, 26th June 1983, p. 5Giorgio Torelli, “Il Giornale”, 26th June 1983, p. 5

““I think there are elements to find him guilty. I have ever liked I think there are elements to find him guilty. I have ever liked neither him,neither him,

nor his Portobello. Success achieved this way is to be paid”nor his Portobello. Success achieved this way is to be paid” Camilla Cederna, “La Domenica del Corriere”, 2nd July 1983, p. Camilla Cederna, “La Domenica del Corriere”, 2nd July 1983, p.

88

““The anchorman is shouting, his eyes are cleverly glistening”The anchorman is shouting, his eyes are cleverly glistening” Luisa Forti, “Il Secolo XIX”, 5th March 1985, p. 1Luisa Forti, “Il Secolo XIX”, 5th March 1985, p. 1


Journalists who held Tortora to be guiltyJournalists who held Tortora to be guilty↓↓

QuotationsQuotations::

““Tortora just admits: “I saw Turatello””Tortora just admits: “I saw Turatello””

Paolo Gambescia,“Il Messaggero”, 22nd June 1983, p.1Paolo Gambescia,“Il Messaggero”, 22nd June 1983, p.1

““Tortora? He is almost crazy, word of his lawyers”Tortora? He is almost crazy, word of his lawyers”

Paola Boccardo, "L'Unità", 7th December 1983, p. 7Paola Boccardo, "L'Unità", 7th December 1983, p. 7


Journalists who held Tortora not to be guiltyJournalists who held Tortora not to be guilty↓↓

QuotationQuotation::

““I saw journalists that were teared each other to shreds and I was in the I saw journalists that were teared each other to shreds and I was in the arena”.arena”.

The great majority of corporation had demanded the conviction for The great majority of corporation had demanded the conviction for Tortora.Tortora.

But why so much rage? His popularity weighed upon him: too much to But why so much rage? His popularity weighed upon him: too much to be be

forgiven by who had not have popularity. During the verdict reading I forgiven by who had not have popularity. During the verdict reading I saw saw

shameful things. Someone was clenching his fist for happiness, others shameful things. Someone was clenching his fist for happiness, others

moderately smiling. And after I knew, they had toasted. To his face”.moderately smiling. And after I knew, they had toasted. To his face”.

Vittorio Feltri, “La Domenica del Corriere”, 5th October 1985, p. 8 Vittorio Feltri, “La Domenica del Corriere”, 5th October 1985, p. 8


The “Corriere della Sera” – Period of analysisThe “Corriere della Sera” – Period of analysis

Arrest Arrest → → 17th June 198317th June 1983

Candidacy for european elections Candidacy for european elections → → 6th 6th May 1984May 1984

First degree sentence First degree sentence → → 17th September 17th September 19851985

Second degree sentence Second degree sentence → → 15th September 15th September 19861986

Analysis of “Corriere” Analysis of “Corriere” attitudeattitude

Arrest Arrest → → 17th 17th June 1983June 1983

PicturePicture

↓↓

Dignity damagedDignity damaged

Presumption of guiltyPresumption of guilty

A. Purgatori, Enzo Tortora ammanettato: “E’ tutta una macchinazione” “Corriere della Sera”, 18th June 1983, p. 1.


Arrest Arrest → → 17th 17th June 1983June 1983

Quotation:Quotation:

““I know all the critics aimed I know all the critics aimed to to

Portobello and his creator. I Portobello and his creator. I add that add that

I share them. The I share them. The ostentation of ostentation of

prissiness always runs on prissiness always runs on

the steel of hypocrisy”the steel of hypocrisy”G. Nascimbeni, La gente orfana di “Portobello”, “Corriere della Sera”, 19th June 1983, p. 2.


Candidacy Candidacy → → 6th May6th May 19841984


Half titleHalf title

““The shadow of a second The shadow of a second Negri case Negri case

about italian politics”about italian politics”

M. Nese, Tortora alle europee nella lista radicale, “Corriere della Sera”, 7th May 1984, p. 1.


B. Tucci, Tortora condannato non finirà in carcere, “Corriere della Sera”, 18/9/1985, p.4.

First degree sentence → → 17th 17th September 1985September 1985


“ “Guilty. Enzo Tortora is a memberGuilty. Enzo Tortora is a member of the Camorra, he is a pusher. Theof the Camorra, he is a pusher. The myth of the Portobello anchormanmyth of the Portobello anchorman precipitates. Tortora is responsibleprecipitates. Tortora is responsible for the crimes which he was indictedfor the crimes which he was indicted for. The Euro-MP is not going to jailfor. The Euro-MP is not going to jail beacuse he can take advantage ofbeacuse he can take advantage of parliamentary privilege”.parliamentary privilege”.


V. Feltri, Dall’Ora: “E’assurdo condannare senza prove”. Della Valle: “Per il diritto è stato un tonfo”, “Corriere della Sera”, 18th September 1985, p.4.



“ “You can hear comments everywhereYou can hear comments everywhere and of any sort. And there are thoseand of any sort. And there are those cynicals and cruels with a smirk thatcynicals and cruels with a smirk that makes you horrify: “It serves him makes you horrify: “It serves him right”. Who is this for? Tortora”right”. Who is this for? Tortora”


A. Madeo, Quel modesto, timido, odiato Diego Marmo, “Corriere della Sera”, 19th September 1985, p.4.



“ “They said he was a cannibal, an They said he was a cannibal, an obscurantist,obscurantist, an incompetent, a piranha, an idiot and an incompetent, a piranha, an idiot and eveneven a police commissioner. They walked all a police commissioner. They walked all overover him. And yet he finally won the cause”him. And yet he finally won the cause”


G. Pisapia, Ma quanti continueranno a dubitare?, “Corriere della Sera”, 16th September 1986, p.1.

Second degree sentence → → 15th 15th September 1986September 1986


“ “Justice is done. Who is going to payJustice is done. Who is going to pay him and his family back for the sufferedhim and his family back for the suffered pain, moral disrepute and materialpain, moral disrepute and material damages?”damages?”


M. Breda, Il PG Olivares: “Ha vinto la camorra”, “Corriere della Sera”, 17th September 1986, p.5.

Second degree sentence → → 15th 15th September 1986September 1986


“ “Someone is answering with silence,Someone is answering with silence, maybe skipping over the office. Others,maybe skipping over the office. Others, furious, are sniping at everybody. Asfurious, are sniping at everybody. As PG Olivares: “Politician statementsPG Olivares: “Politician statements supporting for Tortora weighed on thesupporting for Tortora weighed on the magistrature, so, finally, the Camorramagistrature, so, finally, the Camorra won””won””


Accusing Accusing articlesarticles

Defensive Defensive articlesarticles

2727 2323

→ → Accusing and defensive articles

→→Pie chart


Accusing featuresAccusing features N°of N°of articlesarticles

Celebration of Celebration of chargecharge

1717

Presumption of Presumption of guiltyguilty

88

Dignity damagedDignity damaged 99

Features of accusing articles

Defensive featuresDefensive features N°of N°of articlesarticles

Tortora’s repliesTortora’s replies 1616

Tortora’s lawyersTortora’s lawyers 88

Mistakes of Mistakes of chargecharge

44

→→

Features of defensive articles

→→


PhasesPhases N° of defensive N° of defensive articlesarticles

N° of accusing N° of accusing articlesarticles

ArrestArrest 77 1414

CandidacyCandidacy 22 44

First degree First degree sentencesentence

77 77

Second degree Second degree sentencesentence

77 22

““Corriere” attitude : Corriere” attitude : conclusionsconclusions

““Corriere della Sera” found Tortora guiltyCorriere della Sera” found Tortora guilty

Small gap Small gap → → It depends on the journalist who It depends on the journalist who

wrotewrote andand on the trial flowon the trial flow

Violations of professional ethics Violations of professional ethics → → mainly in mainly in the first three phasesthe first three phases

↓↓Direct relationship between Direct relationship between

magistrates and journalistsmagistrates and journalists

Charge makes more headlines

4. Interview with Vittorio 4. Interview with Vittorio PezzutoPezzuto

Journalists misbehaviour about Tortora Journalists misbehaviour about Tortora casecase

Deontology broadly speakingDeontology broadly speaking


Journalists misbehaviour about Tortora caseJournalists misbehaviour about Tortora case

To show the double life of Enzo TortoraTo show the double life of Enzo Tortora

Subjection towards magistratureSubjection towards magistrature

Reader’s consciousness invaded by who found Reader’s consciousness invaded by who found Tortora guiltyTortora guilty


Deontology broadly speakingDeontology broadly speaking

Ethics as individual responsibilityEthics as individual responsibility Journalism: reading, writing and intellectual Journalism: reading, writing and intellectual

honestyhonesty The respect of law about reserved judicial The respect of law about reserved judicial

newsnews Authority of the news editorAuthority of the news editor Possibility of a new Tortora casePossibility of a new Tortora case

Thank you for your Thank you for your attentionattention

presentazione tesi laurea magistrale

Documents

arrest of enzo tortora

absolution of enzo tortora

conviction of enzo tortora

enzo tortora ammanettato

biographer of enzo tortora

il caso tortora

corriere della sera

guilty quotations