Agency: FBI
Originator: FBI
From: LEG, RO
To: DIRECTOR, FBI
Document date: 7/3/68
Document type: PAPER, TEXTUAL DOCUMENT

## Page 1

Released under the John F. Kennedy Assassination Records Collection Act of 1992 (44 USC 2107 Hotel.

DATE: 11-14-2017

JFK Assassination System

Identification Form

Date:

5/20/201

Agency Information

AGENCY: FBI

RECORD NUMBER: 124-10226-10179

RECORD SERIES :

HQ

AGENCY FILE NUMBER :

92-6054-2367

Document Information

ORIGINATOR: FBI

FROM:

LEG, RO

TO : DIRECTOR, FBI

TITLE :

DATE:

' PAGES:

SUBJECTS :

07/03/1968

3

LCN, MARTINEZ, VINCENZO, ASSOC, TRIAL, PALERMO,

SICILY, AGGRAVATED CRIMINAL CONSPR, INSUFFICIENT

EVID, APPEALED, COURT DECISION

DOCUMENT TYPE :

PAPER, TEXTUAL DOCUMENT

CLASSIFICATION :

Unclassified

RESTRICTIONS:

4

CURRENT STATUS :

Redact

DATE OF LAST REVIEW: 10/15/1996

OPENING CRITERIA: INDEFINITE

COMMENTS :

INC LHM

v9.1

DocId: 32299899

Page 1

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Reseased under the John F. Kennedy Assassination Records Collection Act of 1992 (11 USC 2107 Hote) :

DATE:

11-14-2017-

FD-36 (Rev, 5-22•64)

AIRTEL

Via

FBI

Date:

JULY 3, 1968

(Type in plaintext or code)

REGISTERED

(Priority)

TO:

Director, FBI (92-6054)

FROM:

Legat, Rome

(92-80) (P)

SUBJECT: LA COSA NOSTRA

AR - CONSPIRACY

Re Rome airtel 6/14/68, and Rome cable to the

Bureau 6/26/68 •

Information in the enclosed memorandum was

received from Dr. BORIS GIULIANO, Flying

Squad, Polic

Headquarters, Palermo, Sicily, on 6/26/68, and frốm

the Consular Section, U. S. Embassy, on 7/2/68.

Kaal: 71

2 Dept.

Enc •

6 - Bureau (1 - Liaison)

(1 - Bufile 92-9093 VINCENZO MARTINEZ)

2 - Rome (1 - 92-127 VINCENZO MARTINEZ)

I - New TOrk 100-16851 VINCENZO MARTINEZ

TJB: MEG

(8)

EX100 REC- 5192-6054-2367

1 JUL 8

1968

C. C. - Bisho

5 I pee: 12 1968

233 Special Agent in Charge

Sent

_M

Per

DocId: 32299899 Page 2

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Beleased under the John F. Kennedy Assassination Records Collection Act of 1992 (11 USC 2107 Hote).

DATE: 11-14-2017

he.".

UNITE

STATES DEPARTMENT OF ILLICE

FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer to

File No.

WASHINGTON, D.C. 20535

July 3, 1968

VINCENZO MARTINEZ

The following information was made available by Police

Headquarters, Italian National Police, Palermo, Sicily,

on June 26,

1968, and by

July

the Consular Section, U.S. Embassy, Rome, Italy, on

2, 1968:

The trial of VINCENZO MARTINEZ and sixteen other persons

charged in Italy with aggravated criminal conspiracy resumed or

June 14, 1968.

After several hearings extending through dune 44

1968, which were devoted to the arguments of the defendants?

attorneys, the court recessed until June 25, 1968.

On June 25, 1968, the court ruled that there was in-

sufficient evidence to sustain the charge of aggravated criminal

conspiracy against the defendants and ordered their release.

of the Italian nationals face charges elsewhere and were sentenced

to a period of obligatory sojourn.

Under Italian law (Article 479 of the Italian Code of

Penal Procedure) the term "insufficienza di prove" (insufficiency

of evidence) is a qualified acquittal because it is ordered when

the evidence is inadequate to warrant a verdict of guilty; however.

the inference remains that the trial established elements of guilt

which were offset by elements of innocence.

Under Article 479

three other acquittal verdicts were possible: (1) "Per non aver

commesso il fatto," meaning there was no evidence incriminating

the defendants or the evidence clearly established innocence.

(2)

'"II fatto non costituisce reato," meaning the act committed

does not constitute a crime.

(3) "'Il fatto non sussiste," meaning

there is no evidence that a crime has been committed.

The Public Prosecutor has appealed the court's decision;

however, as of July 2, 1968, no ruling had been made on the appeal.

The interrogatories executed by GERALD SHUR of the U.S.

Department of Justice were not introduced into evidence at the

trial.

COPIES DESTROYED

926 8 1 JUN

1972

PROPERTY OF THE FBI

This report is-loaned to

you by the FBI, and neither

it nor its contents are to

be distributed outside the

he e: 92-6054-2367

ENCLO

RE

DocId: 32299899

Page 3

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## Page 4

Released under the John F. Kennedy Assassination Records Collection Act Of 1992 (44 USC 2107- otey.

DATE: 11-14-2017

UNIT, STATES DEPARTMENT OF JUTICE

FEDERAL BUREAU OF INVESTIGATION

In Reply, Please Refer to

File No.

WASHINGTON, D.C. 20535

July 3, 1088

VINCENZO

ritaspotensi

MAKE LE

The following infomation vas nade available by Police

Headquartors,

Italian National Police,

Falerno,

sleily,

on June 26,

1903, and by

the Consular Section, U.S. Babassy, Rone,

Italy, on

July

2, 1958:

The trial of VINCENZO MARTINI? and sizteen other persons

charged in Italy with aggravated criminal conspiracy resuned on

June 14, 1968.

After several bearings estending through June 22,

1968, wich were devoted to the arguments of the defendanta'

attorneys, the court recessed uut1l June 25, 1968.

On June 20, 1908,

the court ruled that there was

sulficient evidence to sustain the charge of aggravated crinina1

conspiracy against the defendants and ordered their release.

of the Italian nationals

face charges elsewhere and were sentenced

to a period of obligatory sojourn.

Under Italinn Jaw (Article 479 of the Italian Code of

Penal Frocedure) the teru "insufficienza di prove"

(insufticiency

o# evidence) 1s a gualified acquittal because it is ordered when

the evidence is inadequate to warrant a verdict of guilty; hoover,

the inference remins that the trial established elements on guilt

which were offset by elements of innocence.

Under Article 479

three other acquittal verdicts were possible: (1) per non aver

connesso il fatto," meaning there mos no evidence

Ener imina ting

the defendante or the evidence alearly established innocence.

"Il fatto non costitulsce reato," meaning the act-conmitted

does not constitute a crime.

there is no evidenco that a crime

(3) "Il fatto non sussiste, " meaning

has been connitted.

The Public Prosecutor has appealed the court's decision;

however, as of July 2, 1903, no zuling had been made on the appeal

the interrogatories executed by GIRAID SaUR of the U.S.

Department of Justice were not introduced into evidence at the

trial.

PROPERTY OF_THE FBI

This report is loaned to

you by the FB!. and neither

it nor its contents äre to

be distributed outside the

agency to which leaned.

92-6054-2367

DocId: 32299899 Page 4

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