The Getty Villa. Image Credit: ARCA 2018

For the third time, and after years and years of battles, which started in the courtrooms of Pesaro before passing slowly through Italy’s Corte Suprema di Cassazione (Supreme Court of Cassation), only to be sent back down to the lower courts again, we finally have a verdict over the rights to l’Atleta di Fano.

Commonly known as the Statue of a Victorious Youth or colloquially as the Getty Bronze, to the Italians this stoic bronze statue is known as il Lisippo or l'Atleta di Fano.  Yet, despite Italy's long-held claim for its return, the bronze has long held pride of place at the Getty Villa, the Los Angeles museum at the easterly end of the Malibu bluffs in the Pacific Palisades neighborhood.  There, in one of America's most prestigious museums, the athletic youth stands with all of his weight on his right leg, crowning himself with an olive wreath, as his gaze looks out over some of the museum's most impressive Hellenistic artworks in the California villa's newly renovated Gallery 111.

But that may change very soon. 

Judge Gasparini listens to Getty council’s final argument in open court Pesaro court house, 05 Feb 2018 Image Credit: ARCA

On June 08, 2018, in a long-awaited judicial decision, the Italian Tribunale di Pesaro issued a 50-page ordinance, written and signed by Magistrate Giacomo Gasparini who firmly rejected the Getty museum's opposition to Italy's order of confiscation.

Throughout the case, the J. Paul Getty Museum has stood by its original claim, that its purchase of the statue in 1977, for $3.95 million, was legitimate.  The museum's legal team and its current director Timothy Potts have stoically maintained that there was no evidence that the statue belongs in any way to Italy, discounting the country's claim that the object was exported out of Italy in contravention of existing Italian law.  This despite the fact that the bronze had been fished from the sea by Italian fishermen aboard the Ferruccio Ferri in 1964, who then brought the statue to the Italian city of Fano where they hid it from authorities, first, by burying it in a cabbage patch and later, by hiding it in a priest's bathtub rather than declare their cultural find as required to the Italian customs dogana.

Getty Museum attorney's listen to their Italian council's final argument in open court Pesaro court house, 05 Feb 2018 Image Credit: ARCA

During those open court hearings which I attended in Pesaro, the Getty's attorney's maintained that John Paul Getty himself had originally walked away from the purchase of the statue, not for the reasons maintained by Italy's attorneys, but because at the time the object was originally proffered to him, Getty was more concerned about the fate and wellbeing of his grandson, 16-year-old John Paul Getty III, who had been kidnapped from Piazza Farnese in Rome on July 10, 1973.

Justice moves slowly and will the Athlete of Fano come home? 

For now, we do not know.

To understand how this complicated case has moved through the Italian judicial system it is first necessary to understand a bit more about the country’s legal system.  It is the responsibility of the Corte Suprema di Cassazione to ensure the correct application of law in the inferior and appeal courts and to resolve disputes as to which lower court (penal, civil, administrative, military) has jurisdiction.  Additionally, the higher court is also entrusted with the charge of defining the jurisdiction i.e., of indicating, in case of controversy, the court, either ordinary or special, Italian or foreign, which has the power to rule on a case.

Interior, Palazzo di Giustizia, Roma

The Getty Villa, California

Given this prestigious statue's pride of place at the Getty Villa, the J. Paul Getty Museum would lose its substantial investment and a critical and cherished piece in their collection should they abide by Magistrate Gasparini's seizure ruling and relinquish the statue to Italy as a result of this last affirmation. If they choose not to, they can again delay what now seems to be the inevitable, simply by tying the case up again, appealing Pesaro Magistrate Gasparini's ruling up through Italy's higher courts. 

Screenshot from RAI 1 Production "Petrolio" aired 06 June 2018

But what is the point? 

The protracted legal challenge of this case have been so lengthy that it has been a career making case for three of Italy's cultural property attorneys: Public Prosecutor from the tribunal of Rome, Paolo Giorgio Ferri, Italian State Attorney Maurizio Fiorilli and most recently, the next generation of Italian state prosecutors, Lorenzo D'Ascia.  Given its tenacity to fight for its cultural patrimony, and the fact that Italy would be hearing any new appeal on its own legal turf, the Getty's legal fees might be better spent on new acquisitions and not on this long-contested object which has such a contentious background.

But having said that, the question remains as to if the director of the J. Paul Getty Museum, Timothy Potts, appointed in September 2012, will continue to fight Italy's seizure ruling, or will he be the first in the Getty's line of directors to acquiesce and accept defeat gracefully.

In a recent interview with Potts aired on Italy's RAI1 television program Petrolio on June 6, 2018, just two days before Gasparini's verdict was announced, Potts continued to grimly assert his museum's stance.  In that interview Potts forcefully stating that l’Atleta di Fano was found in international waters and staunchly negating that it formed a part of Italy’s cultural patrimony, given that it had passed through multiple countries and was not found in Italy.

It will be interesting to see if he changes his mind after reading Magistrate Garparini's 50 page decision.

To read all of ARCA's posts on the Getty case, follow our link here.