Flawless

by Scott Selby

  165 took the elevator to the -1 parking level: While Notarbartolo had intended to be in and out before closing time, Boost’s delay combined with the police questioning resulted in his still being in the building after closing time. Normally the front entrance would be locked and the gate pulled down sharp at 7:00 p.m., so Vidal had no way of knowing that had been delayed, and she headed to the only exit normally open at that time, the garage. Fay Vidal, interview with author, Antwerp, September 28, 2008.

  165 “That’s not one . . . leave that building”: Fay Vidal, interview with author, Antwerp, September 28, 2008.

  165 “I see a man standing . . . ‘What do you want?’ ”: Ibid.

  165 “absolutely nobody”: Ibid.

  166 He drank a shot of grappa: Also, the police found a shot glass and grappa bottle in the sink at the apartment, both with Falleti’s fingerprints on them. Garbutt, “A Chronicle of Criminal Coincidences.”

  167 “He was very confused . . . looking for him”: Kris De Bot, interview with author, via telephone, April 24, 2009.

  168 “He was very afraid . . . the authorities”: Ibid.

  169 While his sister was getting the warrant: Interestingly enough, Kris De Bot didn’t know until later that it was his sister who was getting the warrant for him. Earlier that same day, during his drive with Notarbartolo from the apartment to the police office, he’d seen his dad. “My father was driving his car, but he didn’t see me. It’s unbelievable. It can’t be true, it’s a joke, but it really happened.” Ibid.

  170 “The time was very short . . . the car downstairs”: Ibid.

  170 The handwritten search warrant . . . at 8:58 p.m.: Patrick Peys, interview with author, in his office, Antwerp, September 23, 2008.

  Chapter Eleven: Checkmate

  171 “Whether we fall . . . own dust”: The Duchess of Malfi, act 5, scene 5. These are the final words of Duke Ferdinand before he dies. It is not known for certain if this play was written in 1613 or 1614.

  171 Notarbartolo continued playing the part: The description of Peys’s interrogation of Notarbartolo comes from Peys’s own narration of this event to authors over the course of two interviews in his office in September 2008 as well as in follow-up phone calls and e-mails.

  171–172 “I first treated him . . . [the heist]”: Patrick Peys, interview with author, in his office, Antwerp, September 23, 2008.

  172 “He [said he] had . . . perfectly empty”: Ibid.

  172 Notarbartolo didn’t have the keys . . . found those in his apartment: Ibid.

  173 this was no alibi at all: It would have been much harder for Notarbartolo to manufacture an alibi in Antwerp than it would have been for him back in Turin. In Antwerp, Notarbartolo lacked the friends, family, criminal connections, and various local ties that could have enabled him to create a decent alibi.

  173 “As a policeman . . . with the right guy”: Patrick Peys, interview with author, in his office, Antwerp, September 23, 2008.

  173 “Look, what do you think . . . Who is he”: Ibid.

  173 “He didn’t move . . . so unreal”: Ibid.

  173–174 “We were absolutely . . . I didn’t know”: Ibid.

  174 “He said very politely . . . case with us”: Ibid.

  174 Investigators had more luck talking to Falleti: The descriptions of Falleti’s interrogations by the police and time in prison come from his own series of in-person interviews with authors in Italy, the Netherlands, and Belgium in September 2008. Also of assistance was “A Chronicle of Criminal Coincidences” by Jo-Ann Garbutt. Falleti confirmed the accuracy of Garbutt’s account to the authors. Additionally, court documents detailed the results of his interrogations, and the Belgian police confirmed details of their interactions with Mr. Falleti.

  174 inspection back at the forensics lab: The crime scene officers took the rug back to the Antwerp forensics lab, where they used a “vacuum cleaner . . . [the kind] you can buy at any mall; the filters used, however, are produced by the National Institute for Criminalistics in Brussels . . . The vacuum cleaner uses no bag but instead filters, which are put on top of the flexible hose, just behind the nozzle. These filters collect all kinds of small particles. Immediately after using one of those filters, they are sealed with a top layer, packed in paper bags, labeled, confiscated, and sent to Brussels (National Institute).” Peter Kerkhof, e-mail to author, April 20, 2009.

  175 “very small ‘glass fragments’ . . . possible emeralds”: Peter Kerkhof, e-mail to author, June 25, 2009.

  175 “Everything went so fast . . . everything downstairs”: Jean-Charles Verwaest and MVDB, “DNA-Onderzoek in Diamantroof,” Het Nieuwsblad (Belgium), March 1, 2003.

  176 Falleti said he had been at a friend’s birthday party . . . home that night: Falleti’s later explanation for this discrepancy was that his wife had forgotten about his going to the birthday party as she had not gone with him but had instead stayed home that night. Garbutt, “A Chronicle of Criminal Coincidences.”

  176 Falleti later described the subterranean holding cell: Ibid.

  177 She said she was afraid . . . removed from the apartment: From the Court of Appeal of Antwerp judgment in this case on May 19, 2005.

  177 As viewed from the street: Visit to the Prison of Antwerp by authors, October 3, 2008.

  178 Notarbartolo did catch Falleti’s eye . . . an apologetic shrug: Garbutt, “A Chronicle of Criminal Coincidences.”

  179 “being held on suspicion of being co-authors in the theft”: Andrew Osborn, “Four Held For Record Antwerp Gem Theft,” The Guardian (London), February 26, 2003.

  180 a brilliant-cut . . . weighing 0.70476 carats: The HRD issued its grading report for this stone on February 18, 2002.

  180 They were like disciplined soldiers . . . to the consequences: As it turned out, there were no consequences. Years later, police in both countries were able to laugh at the brothers’ unshakable composure in the face of potentially dire repercussions. Italy is not like the United States, where most police interrogators control their anger and avoid punching out their suspects if only for fear of a police brutality accusation. Italians are famously hot blooded, and that goes for the police as well, who sometimes don’t restrain themselves. One investigator told the authors that Marco Notarbartolo “wasn’t beaten” for violating the binding order to safeguard the safe contents, as if to demonstrate that interrogators were exceedingly patient with him. Perhaps they could tell from his stoicism that it would have been a waste of energy. In the end, Marco Notarbartolo wasn’t even charged for failing to abide by the order. Interview with confidential source, a member of Italian law enforcement with knowledge of this case, September 2008.

  181 From the wiretap inside . . . 1997 bank job in Antwerp: Giorgio Ballario, “Il Furto Del Secolo Al Diamond Center,” La Stampa (Turin), March 29, 2003.

  181 Both men denied their involvement . . . their innocence: In the order to arrest Fontanella and Spurgo, the Attorney General wrote: “Fontanella and others are enthusiastic and dedicated to the daily planning of crimes against property . . . the business [Personal Chiavi] serves only as a place of meeting to plan crimes.” Information sheet provided by a source in Italian law enforcement.

  181 he had been in jail . . . Turinese jewelry store: Giorgio Ballario, “Giovanni Spurgo con Altri Due Complici Era Inserito nell’Elenco dei Sospetti del ‘Colpo del Secolo’ di Anversa,” La Stampa (Turin), May 10, 2003.

  181 Giovanni Poliseri . . . a cream or a gel: Also, Poliseri and Scelza were believed to own a house in Germany; Belgian detectives would discover through cell phone records that some of the thieves involved in the diamond heist returned to Italy though Germany. Both Poliseri and Scelza denied so much as knowing Notarbartolo. Massimo Numa, “I Due Rapinatori Arrestati l’Altro Giorno in Una Gioielleria Belga Erano nella Lista dei Sospettati per il Colpo al Diamond Centre,” La Stampa (Turin), May 7, 2003.

  181 But just two months later . . . outside of Antwerp: Ibid.

  182 Falleti later laughed abo
ut . . . overlooked it entirely: Antonino Falleti, interviews with author, various locations in Turin, September 2008.

  183 Detectives kept him under surveillance . . . for DNA analysis: Information obtained from an Italian law enforcement official with close knowledge of the case who requested anonymity. September 2008.

  184 cagily pocketing the butts . . . wouldn’t leave DNA behind: Ibid.

  184 There were seven “entities,” . . . closed network: Peys used the term entities to differentiate from people because he said there could have been as many as eight perpetrators involved in the heist. Patrick Peys, interview with author, in his office, Antwerp, September 23, 2008.

  185 Using this triangulation technique . . . until 4:44 a.m.: From the Court of Appeal of Antwerp judgment in this case on May 19, 2005.

  185 The calls were placed to Tavano’s prepaid cell . . . Charlottalei apartment: Ibid.

  185 Whoever left Belgium from Brussels . . . for his getaway: If one or more people did fly somewhere other than to Italy from Brussels, it was not any of the suspects whose names the detectives did have. They ran those and found no hits for them anywhere. Patrick Peys, interview with author, in his office, Antwerp, September 23, 2008.

  186 A gem expert in Valenza: This expert was Dr. Carlo Cumo. From the Court of Appeal of Antwerp judgment in this case on May 19, 2005.

  186 A gemologist in Antwerp . . . the heist trash: Lieve Peeters of Infinity Diamonds identified these as small cheap emeralds in a marquise shape. The diamond detectives gave her a green stone found in the apartment and one found at the Floordambos dumpsite and asked her for a written report on these two stones. To the untrained eye, they could have appeared to be small green diamonds. Lieve Peeters, interview with author, via telephone, February 1, 2009.

  187 at the time of the robbery . . . busy at his job: The birthday party that Falleti had told police he went to, and his wife had not mentioned, was not his alibi but an accounting of where he was the night after the heist.

  187 The nature of the heist . . . heard minor criminal matters: We have used the French names here as the system is based on a French one. Names of government institutions such as the courts in Belgium tend to exist in sets of two, one in Flemish and one in French. The courts in Antwerp used Flemish though, and so people there would have referred to them by their Flemish names, not the French ones used here.

  188 De Standaard newspaper reporter . . . address its flaws: Jean-Charles Verwaest, De Diamantroof van de Eeuw, 232.

  188 the time Notarbartolo punched an inmate: Garbutt, “A Chronicle of Criminal Coincidences.”

  188–189 Notarbartolo apologized for the mess he’d gotten his friend into: Ibid.

  189 DNA tests showed no connection: The Belgian police had also sent Falleti’s and Zwiep’s DNA to British police to test against evidence from a jewel heist there. The results were negative. Patrick Peys, interview with author, in his office, Antwerp, September 23, 2008.

  190 “This uncertainty is killing us . . . by pure coincidence”: Jan Heuvelmans, “Parket-generaal Wil Plots Geen Verwijzing Meer voor Zwiep,” PagiA (a small press bureau for legal news in Antwerp), November 15, 2004.

  Chapter Twelve: The Trial

  192 “Any time you . . . a million dollar job”: The Killing, directed by Stanley Kubrick, written by Stanley Kubrick, Jim Thompson, and Lionel White (1956).

  192 “the Man of Gold”: Giorgio Ballario, “Il Furto del Secolo al Diamond Center,” La Stampa (Turin), March 29, 2003.

  192 another called the decision . . . “beginners”: Maria Maggiore and Lodovico Poletto, “Nel 2001 Notarbartolo Aveva Preso in Affitto i Locali Dentro il Palazzo dei Diamanti di Anversa,” La Stampa (Turin), February 28, 2003.

  192 A third wrote . . . Merry Men: Massimo Numa, “I Due Rapinatori Arrestati l’Altro Giorno in Una Gioielleria Belga Erano nella Lista dei Sospettati per il Colpo al Diamond Centre,” La Stampa (Turin), May 7, 2003.

  192 belonging to the Mafia: Jean-Charles Verwaest, “Recordbuit van 100 Miljoen Euro Bij Diamantroof,” De Standaard (Antwerp), February 28, 2003.

  192 describing Notarbartolo not only . . . a drug dealer: De Standaard newspaper’s characterization of Notarbartolo as Mafioso was refuted by Notarbartolo’s lawyers and also, strangely enough, by La Stampa. Almost as if to set the record straight and defend Turin’s honor, the Italian paper wrote in response to Belgian press accounts that the School of Turin was nonviolent and not involved in organized crime. But in fact, Notarbartolo has relatives in the Sicilian Mafia. Mafia involvement in the heist, while not considered likely by investigators, has never been entirely ruled out. Jean-Charles Verwaest, “Italiaanse Maffia Bereidde Kraak Twee Jaar Lang Voor,” De Standaard (Antwerp), February 28, 2003.

  193 “Nobody left Antwerp . . . a great job”: Philip Claes, interview with author, in his office at the AWDC, September 22, 2008.

  193 “kicked out of many buildings”: Simon Surowicz, interview with author, via telephone, April 23, 2009. The description of Surowicz’s activities in this section comes from multiple telephone and e-mail interviews between him and the author in 2009.

  193 they were directly ordered by their supervisors: Patrick Peys, interview with author, in his office, Antwerp, September 26, 2008.

  194 “I went to the place . . . I know of”: Simon Surowicz, interview with author, via telephone, April 23, 2009.

  194 The hour-long show aired almost exactly a year after the heist: Primetime Live, “The Great Diamond Heist,” ABC, February 12, 2004.

  194 compared the perpetrators to . . . Ocean’s Eleven: Correspondent Jay Schadler made the comparison to Ocean’s Eleven three different times during the program. Ibid.

  195 after he’d been imprisoned for nearly six months: The timing was not a coincidence; in Belgium, six months is the limit that the government can imprison someone without a certain amount of evidence.

  195 mid-September 2004 when . . . to continue the case: “Zes van Zeven Verdachten Antwerpse Diamantroof Naar Rechtbank,” Gazet van Antwerpen (Antwerp), September 21, 2004.

  195 “absolutely no reason . . . these proceedings”: “Parket Succesol in Beroep Tegen Voorlopige Vrijlating Notarbartolo,” Gazet van Antwerpen (Antwerp), November 16, 2004.

  197 There was nothing comparable in U.S. criminal law: A court of final instance, such as the Supreme Court of the United States for federal cases, exists for a possibility of a further appeal, although the chances of a case being heard may be slim. Criminal cases are heard at a trial level first, then can go to a court of appeals, and a court of final instance may or may not agree to hear a final appeal. However, there are very unusual circumstances in which civil cases could be heard for the first instance at a non-trial court level. For example, under section 2 of Article 3 of the Constitution, the U.S. Supreme Court has original jurisdiction for cases involving diplomats and states. It is extremely unusual that the Court avails itself of this power and holds an actual trial.

  197 “It’s a kind of strategic . . . keep the case”: Ben Theunis, interview with author, via telephone, May 4, 2009.

  198 “there was a suggestion”: Ibid.

  198 “Of course . . . lost an appeal”: Ibid.

  199 although these lawyers did not fully participate in the court case: Finotto hired Belgian lawyers Stanislas Le Paige and Pierre Monville; Tavano hired Belgian lawyer Philippe Carsau; and D’Onorio hired Belgian lawyer Patrick Kortleven. These attorneys participated in varying degrees during the trial and in fact didn’t even come to court some days. That meant there were times when some defendants were not represented in the proceedings at all.

  199 their lawyers needed to make the difficult decision: This is similar to what happens in the United States when one is sued and wants to argue that the court in question has no jurisdiction. For example, if a defendant is sued in California over a business dispute that has occurred primarily in Colorado, she could hire a lawyer to argue that the California court lacks jurisdiction in the case, or she could def
ault, just having a lawyer listen to the case but not do anything. In this case, when the plaintiff comes after her in Colorado, she can challenge the original jurisdiction of the California case, but if she loses then, she has to accept the default judgment. We don’t have this with criminal cases, as courts need to have custody of the defendant in criminal cases in the United States.

  199 Any dissent about a decision . . . the three of them: Jean-Charles Verwaest, interview with author, in the courtroom where the appellate level trial was held, Antwerp, September 30, 2008.

  200 “Obviously, he isn’t the most innocent . . . for the minimum”: Primetime Live, “The Great Diamond Heist,” ABC, February 12, 2004.

  200 “When that gang in fact . . . be five years”: Jan Heuvelmans, “Parket-Generaal Wil Plots Geen Verwijzing Meer voor Zwiep.”

  201 “the Soloist with the Kalashnikov”: Lodovico Poletto, “Libero e Ricco il Solista del Kalashnikov,” La Stampa (Turin), April 15, 2008.

  201 “You can see the hand of Pancrazio behind all of this”: Lodovico Poletto, interview with author, in the La Stampa office, Turin, January 16, 2009.

  202 “The guy came back . . . and Agim”: Denice Oliver, interview with author, in her office, Antwerp, September 29, 2008.

  202 “That guy came back . . . and whatever”: Ibid.

  203 While Notarbartolo also had an uncle with Mob ties: Garbutt, “A Chronicle of Criminal Coincidences.”

  203 Notarbartolo while he . . . son in Palermo: Antonino Falleti, interview with author, Turin, September 20, 2008. Also, Garbutt, “A Chronicle of Criminal Coincidences.” In the latter account, Notarbartolo claimed he recognized one of the anti-Mafia investigators as the man who took his photo at the wedding in Palermo.

  203 Notarbartolo made calls while in prison to Capizzi’s wife: Garbutt, “A Chronicle of Criminal Coincidences.”

  203 Capizzi was the alleged head . . . entire Sicilian Mafia: Peter Popham, “Mafia Chiefs Seized as They Select Godfather,” The Independent (London), December 17, 2008.