Wrongly Convicted Database Record

 

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Luigi Tosti

 

Charge:

Failure to Perform Official Duties

Sentence:

7 months in prison and a one year suspended sentence

Years Imprisoned:

Year Crime:

Year Convicted:

2005

Year Cleared:

2009

U.S. State or Country of Crime:

Italy

County or Region of Crime:

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Luigi Tosti was wrongly convicted on November 18, 2005 of failing to perform his official duties for refusing to convene his court in Camerino, Italy as long as crucifix was displayed in his courtroom in violation of the Italian Constitution's requirement for the separation of church and state. Judge Luigi Tosti, who is Jewish, contended the display of a religious symbol in the court violated the Constitution's prohibition. The Italian judiciary's self-governing body, the Supreme Council of Magistrates, removed Tosti from his post in February 2006 and cut off his pay because of his "'unjustifiable behaviour.' After Judge Tosti's conviction he was sentenced to seven months in prison and a one year suspended sentence. His conviction was overturned on February 17, 2009 by the Supreme Court of Cassation in Rome, which acquitted him in ruling that "no crime had been committed." Judge Tosti, 60, has said of his case, “I was convicted because I am a minor-league citizen compared to Catholics. No freedom has been won without in the beginning a person or a group of persons trying to get this singular part of freedom against a majority of persons not willing to give this freedom.”"

Conviction Caused By:

Innocence Proved By:

"Conviction overturned on February 17, 2009 by the Supreme Court of Cassation in Rome, that ruled Judge Tosti committed no crime."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Italian judge wins one fight over crucifix, United Press International (Rome), February 17, 2009"

Information Location 1:

http://www.upi.com/Top_News/2009/02/17/Italian_judge_wins_one_fight_over_crucifix/UPI-63831234906307/

Information Source 2:

"Anti- cross judge cleared, ANSA (news service), February 17, 2009"

Information Location 2:

http://www.ansa.it/site/notizie/awnplus/english/news/2009-02-17_117318437.html

Information Source 3:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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