A Prosecutor’s Tale(s)

Last week, I had the privilege to be in a Zoom conference with Gianrico Carofiglio (above), a former Italian prosecutor who has turned his hand to writing thrillers. Yesterday I reviewed his newly translated book, The Measure of Time, and in the past, The Cold Summer.

The Measure of Time features lawyer Guido Guerrieri, and readers of the series, who have a bigger context, might have appreciated the character’s dive into the past more than I did (the book was on the Italian best-sellers list for quite a while).

I really did admire The Cold Summer, not part of the Guerrieri series, about a case occurring around the dangerous time the Italian prosecutors Giovanni Falcone and Paolo Borsellino were murdered by the Mafia. Those real-life events prompted intense turmoil and social reflection, which made every decision by Carofiglio’s fictional authorities that much more consequential and, therefore, dramatic.

The conversation was launched by Paolo Barlera, Attaché for Cultural Affairs of the Italian Cultural Institute in New York, with questions to the author by Chicago-based lawyer Sheldon Zenner, who has served as both a prosecutor and defense attorney.

Interestingly, Carofiglio said he considered the book as two separate novels, one the retrospective view of Guerrieri’s affair with the woman Lorenza, whose son he is now defending, and the other, the preparation of the son’s case and the courtroom proceedings. If you read my review, you’ll know that I much preferred the latter. The story of the affair was an exercise in melancholy nostalgia, as the protagonist probed the scars of an ideal and thwarted love, “the excitement of discovering things for the first time.”

His observations about the judicial system were fascinating. He thinks all judicial systems are flawed to some degree. They are an imperfect effort to establish what happened at some point in the past, using the tools of science and human memory. We have to remember, he said, that “our freedom is connected to a system that exposes us to mistakes.” He was probably smiling when he added, “The flaws of every judicial system are a friend of story.” Amen to that!

Participants in the justice system—from prosecutors to judges—may be well-versed in the law, but may be blind to other aspects of society, the context in which a crime occurred. You see a reflection of that “cognitive tunneling” in news stories about some legal cases, when the official adopts a single hypothesis that doesn’t admit of any alternative.

When Carofiglio was a prosecutor, he trained the police officers and junior prosecutors he worked with to identify every possible doubt they could think of and address it, through further investigation, expert testimony, or other means. Better them in a conference room than a defense attorney in the courtroom.

The many interesting insights in this session it made me want to read more of Carofiglio’s work and further explore his perspective.