Italian attorneys appeal for American court-martial

  • Published
  • By Airman 1st Class Ryan Brooks
  • 31st Fighter Wing Public Affairs
AVIANO AIR BASE, Italy --  When thinking of a military criminal trial, the drama and suspense of the movies usually comes to mind but there is nothing like witnessing it firsthand.

Italian lawyers and the 31st Fighter Wing Judge Advocate engage in a cultural and judicial exchange of ideas to build on professional relationships as the Italian guests watched a court-martial unfold, May 16-18, 2017, Aviano Air Base, Italy.

The President of the Pordenone Bar, Rosanna Rovere, along with 15 Italian lawyers, participated in the Aviano Air Base Court-Martial Observer Program. The program allows guests to see the courtroom, survey the trial process and observe the panel, or jury, selection.

“We have this rich due process that is very thorough but we don’t always do a good job of educating and advocating what that process is,” said Lt. Col. Joshua Rosen, 31st Fighter Wing staff judge advocate. “The best way for folks to advocate it is to let them see it. It speaks for itself when we see its fairness and professionalism and people who might be interested in that are some of the local members of the Bar.”

The accuracy of Hollywood’s portrayal of U.S. military and civilian courtrooms were put to the test last week as the Italian attorneys compared this trial to what they have heard and seen in film.

“I think about movies that I used to watch, so I imagined American trials are like that,” said Elisa Cordazzo, Porcaro Gregoris Sessolo Castellani and Associates attorney. “Some of my lawyer friends that observed here the other day told me that there’s a jury and a defense so it is very similar to the movies I’ve watched on TV.”

Rosen said the jury selection is of particular interest because Italian courts do not try anyone by a jury of their peers, at least not in the way it’s understood in the American court system.

“It is very different from the Italian court so I’m here to understand the differences in our trials,” said Cordazzo.

The Italian lawyers noted the many similarities and differences during this three-day period and discussed them at length during breaks in the trial.

“It was a neat opportunity that we had the chief judge of the Air Force here serving this case,” said Rosen. “Col. Vance Spath was even willing to talk with our visiting attorneys. We are here as ambassadors for the military justice system and this case gave us the opportunity to talk to folks that might be interested as legal professionals to know more about our system.”

There is an unspoken bond between members of the Bar Association, regardless of nationality.

“The possibility to get in touch with a foreign lawyer is a plus for both the Italian and American lawyers,” said Cordazzo. “This is an opportunity to exchange different experiences, find out common points of view and find out differences that can help in our jobs and lives.”

The networking that took place here between Italian and U.S. Air Force lawyers led to a fuller knowledge of the judicial systems of the two governments.

“I hope we can come more often, not only for me but my colleagues,” said Cordazzo. “I think that it’s an experience that could be positive for many Italian lawyers.”

Rosen said that the program will continue on a case-by-case basis and that this joint collaboration brings Aviano Airmen and Italians closer as a community. This may be the first step toward our attorneys observing an Italian trial in the future.