Tribunale di milano

this year, he disappeared again (and definitively). At that same period, there were on the press

very precise information relative to the kidnapping.

The crime has been committed on the Italian territory and none of the persons involved in this

procedure actually belong to any official Diplomatic or Consular Corps who are protected by

the guarantees of the Convention of Vienna that rules diplomatic and consular relations. Only

Lady Robert Seldon has been General Consul of the USA in Milan as from 9.1.2000 till

1.7.2004.

***

As for cautious measures, we should consider those stated by art.274 lett.c, pcc.

The extreme gravity of the facts, executed without absolutely taking in consideration the Italian

national sovereignty, the remarkable organisation capacity of the involved persons and the

immense economic and technological means in their possess, make us believe that there is a

concrete danger that those persons involved in our case could commit other crimes similar to

the one of this procedure (for which jail is sentenced for at least 4 years) or other crimes in

which they would use weapons or other means that could cause personal violence.

From the behaviour of those involved persons, there are concrete elements for a valuation in

this direction, like the cause of this fact and the way action was executed (time, place, means).

And also according to art.274 lett.a and b. pcc:

The connection of the persons involved with foreign security services, as we previously said,

with particular operative capacity and economic and technological means, makes it evident that

we should prevent that the knowledge of the investigation elements could make them destroy or

alter the proves also through menaces and violence that they have shown. We should not

neither underestimate the circumstance that many of those involved persons have not yet been

identified, this identification could be compromised by the state of freedom of those involved

persons for whom the request of the PP has been granted.

The circumstance that the involved persons are foreign citizens without any stable contact with

the territory and with solid connections with foreign countries, makes the danger of escape

extremely concrete, since there could be a sentence for more than two years of detention.

The above described cautious measures can be satisfied only by cautious custody in jail. We do

not think that domiciliary arrest can be an adequate measure, since there are no domiciles in

Italy, and cannot guarantee that the involved persons, who have contacts all over the world and

could maintain relations with persons not yet identified.

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The custody in jail seems proportional to the entity of the facts and to the sanction that could

be applied.

We also should not forget, while determining the sentence, the lack of extenuating

circumstances.

*****

There are no justification or state of no punishment for the facts which were committed.

There are no causes of extinction of the crime or of the sentence.

There are no elements of the defence, at the moment, to be examined.

We will not proceed to the translation of the present in English, since all involved persons, even

if of foreign nationality, know the Italian language: in fact, the two persons that have obliged

Abu Omar to get on board of the van spoke a perfect Italian.

F.T.R.

According to articles 272 and following ccp.

Applies

Towards:

1) ADLER Monica Courtney, born at Seattle (Washington - USA) 02/02/1973, American citizen,

passport Usa n. 017017139 (issued 7.25.01), international guiding licence (copy enclosed)) n.

66605387, issued by the American authorities of Heatrow (Florida) on 4.3.2002, credit card Diners

Club n. 38541798540000 (valid till May/2004), address: 2001 N.Adams, Arlington – VIRGINIA –

22201;

2) ASHERLEIGH Gregory, born at Hyattsvulle – Mariland (USA) Usa on 12/23/1955,

Coachmen Enterprises Washington, DC P.O. Box 91228 Washington DC (USA). or STS Inc. P.O.

Box 1606 Hyattsville (Maryland) 20788 (USA), phone number n. 3015953823; USA citizen,

passport Usa n. 015135635, issued on 6.4.96; USA driving licence n. 66605685; Visa Card n.

4118160311575248 (valid till June/2005)

3) CARRERA Lorenzo Gabriel, born in Texas (USA) il 29.01.71, USA citizen, passport Usa n.

016422583, issued on 2.12.95 or n. 016422583, issued on 1.28.00; Visa Card n. 4118160306976955

(valid till October/2005) and credit card Diners Club n. 38502203140000 (valid till October/2004)

4) CHANNING Drew Carlyle, born inNew York (USA) on 04/26/1965, USA citizen, passport

Usa n. 017121103, issued on 6.10.02 (copy enclosed); credit card Diners Club n. 385030097360001

(valid till April/2005)

5) DUFFIN John Kevin, born in Illinois (USA) on 05/03/1952, P.O. Box 60031 19406 King of

Prussia PA (USA) o 649 South Henderson Rd, King of Prussia – 19406 PA or c/o Krauss Nannette

329 Prince Frederick St – King of Prussia, PA 19406 (tel.[phone]); USA citizen, passport Usa

n. 016434535 issued on 9.15.99 (copy enclosed), credit card Diners Club n. 38650098880006 (valid

till April/2005). Credit card Visa Card n. 4118165007626908 (valid till March/2005)

6) HARBAUGH Raymond, born in Alaska (USA) on 06.09.39, Box 73 Newington 22122 VA

(USA), USA citizen, passport Usa n. 016136600 issued on 3.17.99; Visa Card n.

4486025001058371 (valid till June/2005) and 4316440000154988 (valid till March 2003);

209

7) HARTY Ben Amar, born in Iowa (USA) on 10.20.44, Box 73 Newington 22122 VA (USA),

USA citizen, passport Usa n. 017120164 issued on 11.9.2001 valid until 11.9.07; Visa Card n.

4486029500095512 (valid till June 2003) and 4316440000221555 (valid till March 2003), SPG

card (Special Preferred Guest Westin Palace), “A”, n. 50426336577

8) LADY Robert Seldon, born in Tegucigalpa (Honduras) on 2.5.1954, USA citizen, resident in

Via Don Bosco 40, Penango AT.

9)LOGAN Cyntia Dame, born in Maryland (USA) on 05/01/1960; Coachmen Enterprises

Washington, DC P.O. Box 91228 Washington DC (USA). Usa citizen, passport Usa n. 016430730

(copy enclosed), issued on 1.3.2000 by the Passport Agency of Washington, credit Card Visa n.

4118165007635768 (valid till April/2003), SPG card (Special Preferred Guest Westin Hotel), “A”,

n. 50556297010, frequent flyer card United Airlines n. 01394828870;

10)PURVIS L. George, born in China on 05.29.59, 21008 Matchlock Ct 20147 Ashburn – Virginia

(USA), USA citizen, passport Usa n. 015645726, issued on 5.20.97; credit card Master Card n.

5466160067501849 (valid till March 2003); e-mail address: “[e-mail]”; frequent flyer

card United Airlines n. 01208942316; Card Hilton Honors n. 441369809

11) RUEDA Pilar, born in California (USA)on 05.08.61, P.O.Box 80027 Washington D.C. 20618

(USA); USA citizen, passport Usa n. 016518173, issued on 2.27.01; Visa Card n.

4118165007854492 (valid till Septembre/2003); SPG (Special Preferred Guest Westin Hotel), “A”,

n. 50426336887,

12) SOFIN Joseph, born in Moldavia on 02/13/1953, P.O. 4173 Arlington 22203 VA (USA),

Phone number n. 7032185346, or Blake Lane Fairfay Virginia; USA citizen, passport Usa n.

016138217 issued on 11.18.99; Diners Club n. 38643304300000; SPG (Special Preferred Guest

Westin Hotel), “A”, n. 716587012;

13) VASILIOU Michalis born in Grece on 11.5.62, USA citizen, passport Usa n. 015456173,

issued on 10.11.1995

the measure of cautious custody in jail for the crime indicated above and thus,

o r d e r s

to the officials and the agents of the Judicial Police to capture immediately the involved persons and

conduce them to a custody institute to remain at the disposition of the Juridical authority.

R e j e c t s

For the rest, the request of the PP.

According to articles 293 and following ccp,

Provides

To transmit the present to the PP so he can execute it.

The official or agent that is in charge to execute the order has to:

210

- deliver a copy of the procedure to the involved person, acknowledging him of his right to

nominate a lawyer, and according to art.94 att pcc to the director of the penitentiary;

- inform immediately the defence lawyer eventually nominated or the lawyer appointed by

the Court according to art. 97 ccp,

- make a report of those effected

-

- it this report to the PP and to the judge that emitted the order;

- make a report, in case the wanted person should me missing, indicating specifically the

investigations that were made, without any delay to the judge that emitted the order.

After the execution, the present order has to:

- be deposited at the chancellery together with the request of the PP and the deeds

presented with it. Such action should be also notified to the Defence attorney;

- be communicated, by the chancellery, to the computer service according to art. 97 att.

Ccp,

Milan, June 22, 2005 The judge

Dr. Chiara Nobili.

The present warrant, consisting in 210 pages, was

translated into English by Alessandro Bygate and

Nicole Hazzan, two language consultant and

Interpreters, acting on assignment as appointed

by the undersigned Deputy Public Prosecutor,

dr. Armando Spataro

Milano, November,5 2005