The trial of Jonathan Massari, charged with conspiracy and the 2016 murders of four Mafia-linked individuals, aborted three weeks ago after the prosecution’s star witness, a former organized crime hitman, during his testimony, made statements that were inadmissible and prejudicial to the accused.
Posted at 5:10 p.m.
A publication ban prevents us from disclosing much of this inadmissible and prejudicial evidence, but Judge Michel Pennou of the Superior Court has accepted that the reasons for which he decreed an abortive trial be made public following steps taken. by The Press.
Jonathan Massari, 41, is accused of plotting and killing Lorenzo Giordano, Rocco Sollecito and brothers Vincenzo and Giuseppe Falduto.
Three of the victims were shot dead by a mafia hitman who later collaborated with police and recorded Massari and other accomplices without their knowledge in 2019.
This former killer-turned-mole – whose name we must keep silent – testified for a single day at Massari’s trial and at the end of it, the defendant’s lawyer, Mr.e Philippe Larochelle, announced that he was going to file a motion for abortive trial which was accepted by Judge Pennou.
“The civilian undercover agent (ACI) involved in the Préméditer project is an extraordinary and particularly difficult witness. He is very talkative. He constantly goes beyond the scope of the questions put to him. He sprinkles his answers with comments and opinions. He loses his temper to the point where he seems he can’t stop. He jumps from one thing to another so quickly that it is extremely difficult to contextualize his answers and fully understand their content, whether on the spot or after the fact. »
“Having him testify against the accused, Jonathan Massari, poses additional challenges. The ICA harbors a resentment towards him that he seems unable to contain. For example, during his flights, when he imputes to the accused some crimes or dishonest maneuvers, he can treat him as a rat, a cockroach, an imbecile, a stingy”, writes the magistrate in his decision of 13 pages on the motion for miscarriage of trial.
Judge Pennou concluded that a warning to the jurors about the inadmissible remarks of the former hitman would have been without effect and that the only possible remedy was the abortion of the trial to hold a new one as soon as possible. possible.
Filmed testimony
The magistrate asked the prosecution and the defense to propose solutions “out of the box” so that the testimony of the ex-hitman is better framed so as to avoid another abortion of the trial.
The prosecution, represented by Mr.e Isabelle Poulin, M.e Marie-Christine Godbout, M.e Karine Cordeau and M.e Catherine Sheitoyan, proposed an off-the-beaten-path solution: that the ACI be examined and cross-examined on video, in the presence of the judge but without that of the jury, before the start of the next trial, that the inadmissible information in evidence which would result are then cut and that the filmed interrogation is finally presented to the jurors during the trial.
But Judge Michel Pennou rejected this proposal on Tuesday morning, concluding that the need for such a course of action was “premature”.
He said among other things that testimony given without the presence of the jury would constitute hearsay but that there could be exceptions. He also pointed out that the jurors would not be able to enjoy the witness’s answers as much as if the testimony took place in front of them, in the courtroom, but did not completely rule out the feasibility of doing so.
Further discussions “to set the framework for the testimony of the ICA” will take place next week.
The future prospective jurors for the upcoming new trial will be summoned for November 21.
To reach Daniel Renaud, dial 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.