Category: Raff Sollecito

Tuesday, October 06, 2015

TJMK/Wiki Translation Of The Marasca/Bruno Report #3 Of 7: Dismissal Of Appeal Claims, Nencini Scope

Posted by The TJMK Main Posters




Overview Of The Post and the Series

The purpose of the series was summarised in Post #1.

With this post we are about 3/4 of the way through the judgment and here Marasca and Bruno push aside both some of Knox’s and Sollecito’s grounds of appeal and also Judge Nencini’s chosen scope.

This is done in a manner remarked on by Catnip as curiously pedantic and dogmatic. It is based largely on innuendo and a noticeably weak grasp of the real facts - for example the jailbirds Alessi and Aviello were DEFENSE witnesses and hardly a weakness of the prosecution case.

The evidence discussed is cherrypicked and the bar for “beyond a reasonable doubt” is set way higher than judges who normally handle murder cases (as the Fifth Chambers and these particular judges do not) would ever espouse. The exhaustive six-step review process prior to the 2009 trial is totally ignored.

Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.

Our further critiques will be posted separately in Comments and other posts. Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

CONSIDERED THAT

1. Logical and exposition reasons call for an immediate examination of the preliminary matters advanced by the defenses.

In fact, these are issues of prejudicial relevance, since they are potentially capable of influencing the subsequent developments of decisions which, even if devoid of substantial definitiveness, could nevertheless have a decisive effect, at least in relation to the remand back to the lower court and postponement of the present consideration.

First of all, we will address the issue of constitutional legitimacy of the combined provisions of articles 627 par. 3, and 628 par. 2 of the code of criminal procedure, for supposed violation of the principle of reasonable length of the judicial process in light of article 111 of the Constitution; also the request to delay judgment until the decision of the European Court for Human Rights, subjected to an appeal submitted by the defense of Amanda Knox complaining about coercive treatment to which the aforementioned was supposed to have been exposed by the investigators during the preliminary investigations; also to the multiple requests of Raffaele Sollecito’s defense to refer examinations to the United Sections of this Supreme Court [a panel of all Chambers] about matters of particular relevance to their capability to generate interpretative alternatives in the case law of this Court.

2. All the requests are clearly unfounded.

2.1. Unfounded, first of all, is the restated issue of constitutional legitimacy of the laws that rule judgment by the courts after Supreme Court remand. And in fact, the motivating report of the previous [a quo] judge [Nencini, ed.], who, with the preliminary court order dated 30 September 2013, has considered the matter as clearly unfounded, is irreproachable. To the arguments brought forward [by the judge] in relation to the first matter ““ an illustration of how the dynamics of the relationship between a judgment of annulment on legitimacy grounds, and a replacement judgment by the lower judge after remand, are guided by a progressive narrowing of the thema decidendum [matter], which, serves to preclude an extension ad infinitum of the trial process ““ this can be added: the effect of the progressive delimitation of the res iudicanda is followed by the judiciary as a possible result not only of the rescinding [annulling] judgment, but also of the requirements of article 628, par. 2, of the procedural code, according to which in all cases the sentence of the appellate judge can be challenged only in relation to reasons not concerning points already decided the Court of Cassation, or for failure to abide with the requirements of article 627, chapter 4 , of the code of criminal procedure, according to which “the appellate judgment by the court following Supreme Court remand cannot reopen the issue of nullity, even absolute, or inadmissibility, decided during previous trials or during preliminary investigations.”

Thus legitimacy jurisprudence is prohibited to extend as far as non-usability, since it is considered as an expression of a general principle of the decree which tends to confer definitive status to the decisions of the Court of Cassation (Section 5, n. 10624 dated on 12 February 2009, Barbara, Rv. 242980; Section 5, n. 36769 dated on 03 September 2006, Caruso, Rv 235015; Section 1, n. 22023 of the 18 April 2006,  Marine, Rv. 235274; and, about preliminary judicial review, Section 6, n. 47564 of the 14 November 2013, Tuccillo, Rv. 257470; contra, Section 3, n. 15828 of the 26 November 2014, Rv. 263343).

It is thus perfectly acceptable to affirm that the legislative [parliament] has designed a procedural module with a progressive foundation (principle of so-called “progressive ruling”), which can be viewed ““ in a slice of time ““ as “concentric circles”.

Furthermore, the previous court ““ in the instances described in the appeal document signed by the lawyers Ghirga and Della Vedova ““ had already had the opportunity to take care of this matter, declaring it inadmissible on the basis of argumentations that the current defensive explanations doesn’t seem capable of rebutting, since they do not proffer arguments that could possibly promote a different deciding conclusion.

It cannot be ignored that the criminal trial is, constitutionally, aimed at the acknowledgement of the material truth by means of a cognitive progression, excluding possible errors in procedendo or in iudicando, medio tempore occurring, to reach its final purpose, in terms of approximation as close as possible to that objective, [20] rendering back to the community a result commonly intended as “judicial truth”, that means truth found procedurally (rectius, the one which has been possible to verify by means of the ordinary gnostic and inferential instruments at disposal of the judge). All of this, within the ineluctible contexts of the procedural formalities, which represent, obviously, the maximum expression of juridical civility and the prestigious spirit of a centuries old process of advancement of procedural knowledge typical of the Italian juridical culture.

And when one deals with, as in this case, matters of particular evidence in absence of direct proof, or of reliable technical-scientific contribution, or of pertinent and usable declarative contributions ““ the judicial truth, detached from factual reality, ends up being a mere fictio iuris, considering the limits and the ordinary subjectivity of the instruments of human knowledge, commonly depending on a reconstructive and re-elaborative process a posteriori.

So, it is precisely in this circumstances that the respect of standards is most necessary, representing an unswerving parameter ““ objective and privileged ““ for the verification of correctness and adequacy of the cognitive process of the judge during the pragmatic approach to the material truth.

And the Judge of the legitimacy is, in fact, called to attend to the aforementioned verification with cognitive powers only ab extrinseco, meaning that they are limited to a mere external check of the formal correctness, congruency and logical coherence of the set of explanations justifying that cognitive progression, without any possibility to observe the real demonstrative importance of the evidential elements used in it.

And furthermore, such pursue of finalization will have to comply with the constitutional principle under article 111 of the Constitution about reasonable length of a trial process intended to develop through phases and predetermined sequenced articulations.

The pursue of that ultimate purpose (seeking of the material truth) ““ particularly in trials of particular delicacy like the one examined here, of such difficulty in carrying out of procedural activities, and technical investigations of particular complexity ““ has therefore to be related to the necessity of a judicial reply of a length as short as possible, for the obvious necessity of respect for the value of the subjects involved and of the ineluctible claim for justice both of the victims and the community.

2.2. The request of Amanda Knox’s defense aimed at the postponing of the present trial to wait for the decision of the European Court of Justice [sic] has no merit, due to the definitive status of the guilty verdict for the crime of calunnia, now protected as a partial final status, against a denouncement of arbitrary and coercive treatments allegedly carried out by the investigators against the accused to the point of coercing her will and damaging her moral freedom in violation of article 188 of penal procedure code. [21]

And also, a possible decision of the European Court in favor of Ms. Knox, in the sense of a desired recognition of non-orthodox treatment of her by investigators, could not in any way affect the final verdict, not even in the event of a possible review of the verdict, considering the slanderous accusations that the accused produced against Lumumba consequent to the asserted coercions, and confirmed by her before the Public Prosecutor during the subsequent session, in a context which, institutionally, is immune from anomalous psychological pressures; and also confirmed in her memoriale, at a moment when the same accuser was alone with herself and her conscience in conditions of objective peacefulness, sheltered from environmental influence; and were even restated, after some time, during the validation of the arrest of Lumumba, before the investigating judge in charge.

2.3. Finally, denied also is the request from Sollecito’s defense seeking to obtain referral to the United Sections of this Court of matters related to the evidential value of scientific results acquired in violation of international protocols which contain specific prescriptions meant to assure the genuineness of the sampling and the analysis; also related to the standards of evaluation of expert testimony during the trial process under strong media exposure; also related to the usability of accusative declarations reported in the verdict that had been acquired according to article 238”“bis of the procedure code.

These are, clearly, matters of particular weight, of some agreed relevance for purposes of defining the present judgment, but of dubious capacity to generate potential jurisprudential contrasts. Anyway, interpretative tangles are checked out here which this Court could not ignore, with the pertinent conclusion having binding effectiveness within the purpose of defining the present proceeding.

3. Having thus stated, the main topic of the present proceeding can now be approached, the leitmotiv of the claims of the contestants, revolving around a prejudicial claim of inobservance, on the part of the [Florence] appeal judge, of the dictum of the [2013] annulment ruling by this Court and the principle of law established within it.

The investigation requested to this Court is only apparently simple, considered that the ratio decidendi of the annulment ruling is founded on the finding of a manifest illogicality of the rationale supporting the appealed judgement; a finding which consists ““ and specifies itself ““ in the observation of a violation of the principles of completeness and of non-contradiction.

It is an established jurisprudential rule that, in presence of such reasoning for an annulment, derived from a deficit in the reasoning, the new appeal judge [giudice di rinvio] is tasked with the comprehension of the whole body of evidence, which he is expected to revisit [22] in full freedom of conviction, without any bound, being only supposed to produce, as a result, a reasoning deprived of those flaws of manifest illogicality or manifest contradiction which caused the annulment of the first appeal verdict. In the case law of this Court of Cassation there is, in fact, the recurrent statement “following an annulment for incorrect reasoning, the new appeal judge is prohibited from basing the new decision on the same arguments considered illogic or inconsistent by the Court of Cassation, but he is however free to reach, on the basis of different argumentations from the ones claimed in the Supreme Court therefore integrating and completing the ones already issued, the same judicial result of the annulled ruling. This because it is an exclusive task of the courts of merit to reconstruct the resulting facts from the trial findings, and to assess the signification and value of the relative sources of evidence”. (among others, Sect 4, n. 30422 of 21 June 2005, Poggi, Rv. 232019; Section 4, n. 48352 of 29 April 2009, Savoretti, Rv 245775).

A problem ““ suggested with appreciable discretion within the new reasons [of appeal] in favor of Knox ““ appears when, as in this case, the Court of Cassation has entered in the merits, going beyond the institutional limits assigned to it, such as when for example it offers a range of causal alternatives for the murder and assigns to the judge the task of picking, within that predetermined numerous clausus, the one most appropriate to the case at bar. There’s no doubt, in the opinion of this panel, that in such peculiar event the new appellate court cannot consider itself either bound or influenced, because of the aforementioned clear problem of this institutional kind, that, for what was stated before, exists between cognizance of legitimacy and cognizance of the fact, the latter being the exclusive prerogative of the judge of merit. In this regard the Supreme Court has already given its contribution, stating that the new appellate judge cannot be influenced “by evaluations possibly over-stated by the Court of Cassation in its argumentations, since the spheres within which the respective evaluation are carried out are different, and it is not the task of the Court of Cassation to put its conviction before the judge of merits in regards to those matters. After all, in those cases where the Supreme Court possibly focus its attention over some specific aspects from which the lack or the contradiction of reasoning emerges, this doesn’t mean that the new appellate judge would be tasked with a new judgment only on the specified points, because the judge retains the same powers which originally belonged to him as a judge of merits in relation to the identification and evaluation of the trial data, regarding the point of the verdict affected by annulment” (Section 4 n.30422/2005 cit.). In the same sense it was stated that “”¦ possible factual elements and assessments contained in the annulment ruling are not binding for the new appellate judge, but are considered exclusively as a reference point in order to position the complained-about error or errors, [23] and therefore not as data imposed for the decision requested of him; moreover, there’s no doubt that, after the ruling of annulment for incorrect reasoning through the indication of specific points of deficiency or contradiction, the powers of the new appellate judge cannot be restrained to the examination of the single specified points, as if they were isolated from the rest of the evidential material, but he must also carry out other acts of evidence-finding on which results his decision has to be based, providing the reason for this within the judgment report” (Section 4, n. 44644 of 18 October 2011, defendant F., Rv. 251660; Section 5, n. 41085 of 3 July 2009, defendant L., Rv. 245389; Section 1, n. 1397 of 10 December 1997 dep. 1998, Pace, Rv. 209692).

All of this is the background to a reiterated doctrine of this Court of Cassation, consolidated to the point of constituting a ius receptum, according to which “the powers of the new appeals judge are different depending on if the annulment has been ruled for violation or erroneous application of the criminal code, or for absence of manifested illogicality of reasoning, since, while, in the first hypothesis, the judge is bound to the law principle expressed by the Court, without changing the evaluation of the facts as they were found by the appealed verdict, in the second hypothesis, a new examination of the evidential compendium can be carried out, without repeating the same incorrect reasoning of the annulled order. (among the others, Section 3, n. 7882 of 10 January 2012, Montali, Rv. 252333).

3.1. As we will see, the appeals judge [Nencini] was influenced on many points by the suppositions of factual aspects emerging within the annulment judgment, as if the convincing and analytic evaluations of the Supreme Court were unavoidably converging in the direction of affirmation of guilt of the two defendants. Being misled by this error, the same judge encounters clear logic inconsistencies and obvious errors in iudicando, which need to be challenged here.

4. Meanwhile, it can’t be ignored, on a first summary overview, that the history of these proceedings is characterized by a troubled and intrinsically contradictory path, with the only fact of irrefutable certainty being the guilt of Amanda Knox regarding the slanderous accusations against Patrick Lumumba. On the concern of the murder of Kercher, the declaration of guilt of Knox and Sollecito, in first instance, was followed by a ruling of acquittal from the appeal Court of Assizes of Perugia, consequent to an articulated evidential integration [the Conti-Vecchiotti report, ed.]; the annulment by this Supreme Court, First Criminal Section; and finally the judgment, on appeal, of the Court of assizes of Florence, today considered under a new Cassation appeal.

An objectively wavering process, the oscillations of which are the result of glaring failures or investigative “amnesias” and of culpable omissions in [24] investigating activities, which, had they been carried out, would have, probably, allowed from the start the outline a framework, if not of certainty, at least of reassuring reliability, in direction of either the guilt or the non-involvement of the current appellants. Such scenario, intrinsically contradictory, constitutes a first, eloquent, representation of an evidential set of anything but “beyond reasonable doubt”.

4.1. Surely, an unusual media fuss about the crime, caused not just by the dramatic modalities of the death of a 22-year old woman, so absurd and incomprehensible in its genesis, but also by the nationality of the persons involved (a USA citizen, Knox, accused of participating in the murder of her housemate who was sharing a foreign study experience with her; an English citizen, Meredith Kercher, killed in mysterious circumstances in the place where she likely used to feel most safe, her home, and additionally the international implications of the case itself, prompted the investigation to suffer from a sudden acceleration, which, in the spasmodic search for one or more culprits to be delivered to international public opinion,  surely didn’t help the search for substantial truth, which, in complex murder cases like the one examined here, has an ineluctible requirement both for accurate timing, and also the completeness and accuracy of the investigation activity. Not only that, but also, when ““ as in this case ““ the result of the search is greatly based on the results of scientific examinations, the antiseptic sampling of all the elements useful to the investigation ““ in an environment provided of the appropriate sterilization, so to shield it from possible contaminations ““ constitutes, normally, the first cautionary strategy, itself the vital prelude to a correct analysis and “reading” of the retrieved samples. And if the key part of the activity of technical-scientific research consists in specific genetic investigations, whose contribution in the investigative activity emerges as more and more relevant, the reliable parameter of correctness can only be the respect of standards imposed by the international protocols which outline the fundamental rules of procedure of the scientific community, on the basis of statistic and epistemological observation.

The rigorous respect for such methodological standards provides a reliability, conventionally acceptable, in the assembled results, firstly related to their repeatability ““ that is the possibility that those findings, and those alone, would be reproduced by an identical investigative procedure 0in identical conditions, according to the fundamental laws of the empiric method and, more generally, of experimental science, that since Galileo has been based on the application of a “scientific method” (typical procedure meant to obtain knowledge of “objective” reality, reliable, verifiable and sharable; by common knowledge this consists, on one hand, in the collection of empiric data in relation to the hypothesis and theories to be confirmed; on the other hand, in the mathematical and rigorous analysis of such data, that is associating ““ as stated for the first time by aforementioned Galileo ““ “sensible experiences” with “necessary demonstrations” that is the experimentation with mathematics.

4.2. As we will see, all of this is basically missing in the current judgment.

Not only that but, the media attention, besides not helping the search for the truth, has produced further prejudicial feedback in terms of “procedural diseconomy”, generating undue “noise” (in the IT meaning) , not so much from the delay of the availability of witness testimony from certain persons (considering that from this point of view it is anyway just a matter of verifying the reliability of the corresponding declarative contributions), but because of the introduction into the trial of extemporary declarations by certain detained subjects, of solid criminal caliber [defense witnesses Alessi and Aviello], surely intent on self-serving mythomania and judicial attention-seeking behavior capable of assuring them a media stage, including on TV, so breaking at least for one day the grayness of their prison regime. And by the way this was a common instance of claims from “fetchers” of truths collecting within the prison environment unworthy confidences between co-inmates during the routine yard time. Clearly not commendable situations, which, also, had had the outcome of assuring ““ for the first time during the appeal ““ the active participation in this case of Rudy Guede (when he was summoned during the first instance judgment, he invoked his right to not respond; p. 3): [he’s] a key element in this case, even if unshakably reticent (and has never confessed), a bringer of half-truths differing from time to time.

Rudy Guede is the Ivorian citizen who was also himself involved in the Kercher case. Tried separately with a separate judgment, as a co-participant to the murder, he was sentenced, at the end of an abbreviated trial, to the penalty of thirty years imprisonment, reduced on appeal to sixteen years.

Our mention of him is to make it worth introducing the second, irrefutable, certainty of this trial (after the one concerning the responsibility of Knox for the crime of calunnia), that is the guilt now under irrevocable ruling, of the Ivorian as the author ““ participating with others ““ of the murder of the young English woman.

The finding of guilt of the aforementioned was reached on the basis of genetic traces, definitely attributable to him, collected in the house in via della Pergola, on the victim’s body and inside the room where the murder was committed.

4.3. The same reference [to Guede] also raises two relevant points of law, highlighted by the defense: one concerning the usability and the value of the aforementioned irrevocable verdict in this proceeding; the other related to the usability of the declarations - in terms less than coherent and constant ““ produced by Guede within his own trial, which may involve the current appellants in some way.


Friday, October 02, 2015

The Marasca/Bruno Report, A Dissection In Four Parts: #1 The Strange “Dogmatic Assertions” Approach

Posted by catnip



General Garofano founded Carabinieri labs, has long argued DNA evidence in this case very strong

1. Overview Of This Post

These analyses will be interspersed with the final posts of the Marasca/Bruno report. 

A person holding themselves out to be a “˜creation scientist’ may easily make a statement (in the form of a short sentence in an article or of a soundbite on TV).

At which point, it may take a whole book of effort, to examine the background and field(s) of scientific learning and expertise that are involved and to follow the lines of reasoning used (if any), in order to come to a satisfactory assessment of the accuracy and reliability of that statement.

Likewise with the Fifth Criminal Chamber Cassation judgment penned by Bruno. It seems to be full of assertions. And that’s it.

Take, as one example, the international standards that the forensics personnel are supposed to have breached.

2. Example: “˜International standards’

Much has been made of what have been called “˜international forensic standards’, and whether they have been met and what significance the evidence would have had if they hadn’t.

There is also a subtext of what forensic procedure the Italian Scientific Police were actually following and why a breach of those guidelines did not ground a submission by the defence that there had been contamination and therefore that the evidence was unusable.

(Plus also, disposable gloves are called “˜monouso’, that is “single use”, in Italian, and that name seems to have sown some confusion in the minds of the defence lawyers about how such gloves are to be used in actual cases.)

In Italian, there’s a recent textbook, with international contributors:

Donatella Curtotti and Luigi Saravo (eds), Manuale delle investigazioni sulla scena del crimine: Norme, techniche, scienze, (2013) [Giappichelli, 2013] (Crime Scene Investigation Manual: Guidelines, techniques, science)

ISBN 9788834829004

A perusal of the contents shows that its coverage is extensive in terms of subject matter, and not superficial, at over a thousand pages:

Introduction

D Curtotti, BAJ Fisher, MM Houck and G Spangher, “Diritto e sceinza: Un rapporto in continua evoluzione”,  pp 1-36 (Law and Science: A relationship in continuous evolution)

The legal picture

D Curtotti, “I rilievi e gli accertamenti sul locus commissi delicti nelle evoluzioni del codice di procedura penale”,  pp 37-118 (Collection and tests at the scene of the crime in the developments of the Criminal Procedure Code)

D Curtotti, “L’inadeguatezza delle norme al cospetto della nuova realta’ investigativa e le soluzioni giuridiche percorribili”,  pp 119-146 (Legal inadequacy in the face of the new investigative reality and feasible judicial solutions)

F Giunchedi, “Le consulenze techniche tra accertamenti irripetibili e incidente probatorio”,  pp 147-176 (Technical consultants between unrepeatable tests and preliminary hearing)

A Procaccino, “Le selezione del consulenti technici e la tracciabilita’ dell’expertise: Profili interni e comparatistici”,  pp 177-218 (The selection of technical consultants and the audit trail of expertise: Internal and comparative profiles)

D Curtotti, “Il sopralluogo della difesa”,  pp 219-234 (The defence crime scene search)

D Curtotti and L Saravo, “L’errore technico-scientifico sulla scena del crimine”,  pp 235-253 (Technical and scientific error at the scene of the crime)

E Cataldi, M Vaira and A Iasillo, “La scena del crimine vist dai protagonisti del processo”,  pp 255-300 (The scene of the crime as seen by the protagonists in the trial)

The technical-scientific picture: the new investigative paradigm

L Saravo, “Il nuovo paradigma investigativo sulla scena del crimine”,  pp 301-312 (The new investigative paradigm at the crime scene)

L Rockwell and L Saravo, “L’analisi logica della tracce”,  pp 313-342 (The logical analysis of traces)

L Garofano and L Saravo, “Il primo intervento”,  pp 343-364 (First intervention)

L Saravo, “CSI: Il metodo di ricerca e valutazione delle tracce”,  pp 365-414 (CSI: Trace search and evaluation method)

The technical-scientific picture: technique, technology and science on the traces of crime

R Gennari and L Saravo, “Le tracce”,  pp 415-466 (Traces)

A Galassi, D Gaudio, P Martini, L Saravo, M Sgrenaroli and G Vassena, “La rappresentazione della scena del crimine: Dalla descrizione narrative ai rilievi tridimenionali”,  pp 467-558 (Representation of the crime scene: From narrative to 3D)

R Gennari and L Saravo, “Rilievi edaccertamenti sulle tracce: Dalle impronte al DNA”,  pp 559-644 (Collection and tests on traces: From prints to DNA)

G Arcudi and GL Marella, “Il cadavere e la scena del crimine: Un binomio inscindibile”,  pp 645-671 (The body and the crime scene: An inseparable pairing)

The technical-scientific picture: new techniques

TP Sutton, “L’analisi della macchie di sangue (BPA)”,  pp 672-706 (Blood pattern analysis)

M Mattiucci, “Le indagini sui repertiinvisibili: High Tech Crime”,  pp 707-718 (Analysis of invisible evidence: High Tech Crime)

P Magni and E Di Luise, “Gli insetti nelle scienze forensi”,  pp 719-742 (Insects in the forensic sciences)

P Magni and E Di Luise, “Le tracce orfane: Botanica, micologia, zoologia, microbiologica, e geoscience nel mondo forense”,  pp 743-791 (Orphan traces: Botany, mycology, zoology, microbiology and geoscience in the world of forensics)

B F Carillo, U Fornari, G L Giovanni and L P Luini, “La scena del crimine vista con gli occhi della criminologia”,  pp 791-872 (Looking at the crime scene through the eyes of the criminologist)

The technical-scientific picture: complex investigations

D Gaudio, D Salsarola, P Poppa, A Galassi, R Sala, D Gibelli and C Cattaneo, “L’archeologia forense: Il corretti recupero dei resti umani”,  pp 873-896 (Forensic archaeology: The correct recovery of human remains)

S Scolaro, P Magni and E Di Luise, “La scena criminis in ambiente acquatico”,  pp 897-926 (The crime scene in aquatic environments)

B Cristini and F Notaro, “Lo scenario incendiario”,  pp 927-982 (The incendiary scenario)

A Boncio, Ecataldi, R Mugavero, G Peluso and L Saravo, “Lo scenario terroristico”,  pp 983-1062 (The terrorist scenario)

D O’Loughlin and L Saravo, “I disastri di massa”,  pp 1063-1086 (Mass disasters)

In all the above, the name of Garofano can be seen (a well-known and highly regarded forensics expert), and the Australian contribution (the last chapter) relates to learnings from the Black Saturday bushfires.

“fictional events can gain currency in the real world”  “”  Jim Fraser, Forensic Science: A Very Short Introduction, (2010) [Oxford University Press, 2010], p 25 (talking about movie scenes showing the effect of an injection of adrenalin into a person’s heart).  [ISBN 9780199558056]

The defence aim was to reduce the significance of Raffaele’s DNA being found on the torn-off or cut-off clasp of Meredith’s bra, which clasp was collected on a second, later, occasion from a different location in Meredith’s room a pace or so distant from that in which it had been found originally (beneath a pillow under her body).

The video of the scene showed the clasp being handled by various gloved personnel before being bagged.

One strand of the defence attacked the gloves, arguing that they should have been changed.

What are the actual recommendations on gloves?

Disposable gloves should be “˜changed frequently’:

“The evidence collector must handle all body fluids and biologically stained materials with a minimum amount of personal contact. All body fluids must be assumed to be infectious; hence, wearing disposable latex gloves while handling the evidence is required. Latex gloves also significantly reduce the possibility that the evidence collector will contaminate the evidence. These gloves should be changed frequently during the evidence-collection phase of the investigation. Safety considerations and avoidance of contamination also call for the wearing of face masks, shoe covers, and possibly coveralls.”  “”  Richard Saferstein, Criminalistics: An Introduction to Forensic Science, 10th edition, (2011) [Pearson, 2011], p 286, Collection of biological evidence. ISBN 9780132545792

Gloves should be changed for each new item of evidence:

“One key concern during the collection of a DNA-containing specimen is contamination. Contamination can occur by introducing foreign DNA through coughing or sneezing onto a stain during the collection process, or there can be a transfer of DNA when items of evidence are incorrectly placed in contact with each other during packaging. Fortunately, an examination of DNA band patterns in the laboratory readily reveals the presence of contamination. “¦ Crime-scene investigators can take some relatively simple steps to minimize contamination of biological evidence: 1. Change gloves before handling each new piece of evidence. 2. “¦ 3. “¦ 4. “¦”  “”  Richard Saferstein, p 288.

Myths about contamination

“There are many myths and misunderstandings about contamination”¦ The first is that all scenes are examined using the highest standard of anti-contamination precautions (suits, overshoes, mob caps, gloves, etc.), which is not the case. “¦ Secondly, the belief that contamination can be completely prevented by wearing the kinds of protection described above and by controlling a scene is unfounded. If you accept Locard’s principle, then you have to accept that any examination of a scene is likely to disturb it and to “˜contaminate’ it in some way. Finally, the assumption that because someone has failed (for whatever reason) to follow recommended operating procedures with regard to contamination does not mean that contamination will necessarily result and have an impact.”  “”  Jim Fraser, Forensic Science: A Very Short Introduction, (2010) [Oxford University Press, 2010], pp 19-20.

ISBN 9780199558056

What does the Italian crime scene manual say?

Personal protective gear and single-use equipment mitigates the risk of contamination.  “”  R Gennari and L Saravo, “Rilievi edaccertamenti sulle tracce: Dalle impronte al DNA”,  pp 559-644 (Collection and tests on traces: From prints to DNA), p 626.

The main references to contamination are in R Gennari and L Saravo, “Le tracce”,  pp 415-466 (Traces), where they say:

“In the strictest sense, the term “˜contamination’ refers to the introduction into the scene (and even onto an item of evidence originating there) of spurious information corrupting its original nature or state.”  (p 449).

“It must be noted, though, that the contaminated item of evidence is not necessarily unusable [emphasis in original]. It is only an item of evidence which has lost its original state: its own characteristics have undergone modification and it has been enriched with other, indeterminate, information. It is necessary to know how to evaluate the impact that this could have had in the question posed or on the information that will be needed to be revealed to reconstruct the crime.”  (p 450).

“It is not enough just to wear the personal protection gear to reduce the risk of contamination; it is necessary that this gear be employed in the correct manner [emphasis in the original].

Not changing gloves before touching a new surface is, for example, a source of contamination: DNA, once touched a first time, transfers itself to all the various surfaces touched successively by the same gloves.”  (p 451).

And, not to forget, protective gear is worn for the protection of forensic personnel against infection and chemicals (p 452).

So, in summary:

Gloves reduce and minimise the risk of contamination - they do not remove it altogether; contamination cannot be completely prevented. Searching a scene changes it from its original state.

Changing gloves “frequently”, or “each time” a new piece of evidence, or a new surface, is touched.

After putting on the gloves, what counts as a new piece of evidence or new surface in this list?:

bedcover, victim, pillow, bra-clasp, carpet/floor

Coughing or sneezing on the evidence: means the forensic officer’s DNA contaminates the item, not the accused’s DNA.

Following the procedure does not guarantee that the evidence is uncontaminated; following procedure just reduces the potential risk of contamination.

Likewise, not following procedure does not mean the evidence is automatically contaminated.

And even if the item were contaminated, that does not make it unusable.

In Raffaele’s case, if his DNA were transferred via the latex forensic gloves, how did his DNA get there on the glove when it was found definitively nowhere else in the room? Did he spit on his hand and then shake hands with the forensic officer? Now, that would indeed be a breach of protocols, anywhere in the world.

To say that, because it’s the accused’s DNA, therefore it’s contamination, is circular reasoning.

All of the above should have been (and was) examined at trial, and double-checked on appeal (eventually).

So why is Bruno taking up the invitation to rehash it all again?

3. Further Reading On DNA

See our previous 50 or so previous posts on DNA.


Tuesday, September 29, 2015

TJMK/Wiki Translation Of The Marasca/Bruno Report #2 Of 7: Summaries Five And Six

Posted by The TJMK Main Posters



“Justice and Peace” by Corrado Giaquinto 1762. Click here to go straight to Comments.

Overview Of The Post and the Series

The purpose of the series was summarised in Post #1.

With this post we are 2/5 of the way through the judgment and summaries of the appeal grounds still continue. These are new grounds by Knox’s and Sollecito’s teams.

As previously, Sollecito’s team throw in everything but the kitchen sink. Knox’s new grounds are about 1/4 of that length, and mainly request that Knox’s appeal to ECHR Strasbourg be awaited before this verdict comes down.

Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report.  Our own critiques will be posted separately in Comments and other posts.

Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

1. Further Knox Appeal Grounds

4.1. In favor of Knox, two further reasons were submitted.

In the first one, objected to is the violation of article 606 lett. a), b) e) of the code of criminal procedure, criticizing the entire reasoning process of the appealed verdict, which exceeded the fixed standard of the - already exorbitant - annulment ruling , with violation of articles 627 par. 3, and 623 of the code of procedure. Criticized, particularly, is the anomalous examination of the merits within the annulment ruling.

In the second reason, objected to is the contradiction and manifest illogicality in the rationale according to article 533 of the code of criminal procedure.

And at the end, a delay of the judgment is proposed while waiting for the decision of the European Court of Human Rights, following the presentation to the international judicial body on the appeal of 11.22.2013, for alleged violation of the right to an equal trial, according to the article 6 par. 3 lett. a/c ECHR; for alleged violation of defense rights, according to the article 48 par. 2 of the Chart of Fundamental Rights of the European Union; and for the violation of the prohibition on torturing, according to the articles 3 ECHR and 4 of the Chart of Fundamental Rights of the European Union.

2. Further Sollecito Appeal Grounds

4.2 Also Sollecito’s defense proposed new reasons, listed as follows.

The first new reason challenges the incorrect reasoning on the time of Kercher’s death. As defense has stated a careful examination of objective elements would have allowed the setting the time of death in a period of time between 9-9:29 and 10:13 PM.

The exact determination of the time of death [exitus] was fundamental to proving the actual presence of the accused at the crime scene, at the time of the aggression.

In particularl the examination carried out on the victim’s cell phone revealed subsequent contacts between 9 and 9:13 PM, as reported in the Pellero report on the SMS and the aforementioned cellular phone. This would have allowed acquiring ““ if not the certainty of the young English woman being alive until 10:13 PM, considering the possibility of accidental phone connections ““ at least useful information in this regard.

More precisely, the following contacts took place during the considered period of time:

1) a first call, at 8:56, to her home number, in England, remained unanswered and not followed by a new call, strange considered the habits of the girl, who was used to calling her family every day;

2) another contact, maybe accidental, at 9:50 PM, on a voice mail, lasted a few seconds, without waiting for an answer;

3) a contact, at 10PM, with the English bank Abbey, which failed obviously because it was not preceded by the international prefix;

4) at 10:13, an SMS was received by the cellular phone, in the place where it was abandoned, in via Sperandio.

On the other hand, the examination carried out on Sollecito’s computer registered an interaction at 9:20 PM and a subsequent one at 9:26 PM, not found by the postal police, but discovered by the defense expert D’Ambrosio by means of a different operative system application (MAC), for the watching of an animated cartoon (Naruto) of the length of 20 minutes, demonstrating that Sollecito was at home until 9:46.

This helps to demonstrates the non-involvement of the accused, also evident from the Skype contact occurred between Guede and his friend Benedetti.

To be sure, a new IT analysis by judge-appointed experts would have been necessary, as requested in vain by the defense.

The previous [a quo] judge, then, also committed an obvious misrepresentation in the evaluation of Curatolo’s testimony, not realizing that the declarations of the witness were, actually, in favor of the accused, especially in the part where he states to have seen the couple in piazza Grimana at 21:30 PM until 12:00 AM. Therefore, there was an internal contradiction of the judging: it wasn’t true what was stated at p. 50 concerning the supposed absence of extrinsic elements confirming that the two accused, from 9:30 PM to 12:30 PM of the next day,  would have been in a different place than the one where the homicide took place.

Within the reconstruction of the crime, then, it was not taken in account that witnesses Capezzalie and Monachia located the harrowing scream that they heard at a time around 11 ““ 11.30 PM. However, Ms. Capezzali was contradicted by other witnesses, residents of the area, who declared they didn’t hear anything.

Furthermore, not examined was the video clip captured by the camera placed near the parking lot which had filmed the passing by of a person similar, in features and clothes, to Guede. The time of filming was 7:41 PM, though 7:39 PM effectively because of a clock error of 12 or 13 minutes.

Also the autopsy, in observing the gastric situation, allowed the fixation of the hour of death between 9:30 and 10 PM. Furthermore, during the cross-examination hearing, the forensic pathologist Dr. Lalli rectified an error contained in his technical report, pointing out that the time of death would have had to be set not at “not less than 2-3 hours from the last meal (that took place around 6 PM, with the English friends)” but at “not more than 2-3 hours from the last meal”.

Considered this uncertain conclusion, a new analysis by judge-appointed experts [perizia] was requested in vain, in the new reasons for appeal, dated 29 July 2013.[17]

So, in the light of the trial data, as stated by the defense, the time of death of the young English woman would have had to be approximately set between 9 and 10:13 PM.

The second new reason challenges the failure to order a judge appointed experts review [perizia] in order to verify or otherwise the possibility of a selective cleaning of the crime scene which would have removed only the traces referable to the two accused, leaving only Guede’s ones. In fact, in Kercher’s room multiple traces of Guede were found but none of Sollecito.

Incorrect reasoning is also suggested on the supposed alteration of the crime scene by the accused. It was not, however, considered that Sollecito had no interest in polluting [the scene].

The third reason challenges a flaw in rationale regarding the plantar imprints presumed as female footprints (size 37 EU) demonstrating a participation of more than one person in the crime.

With reference to the imprints, there was an obvious error in the judgment, also present in the judgment of annullment of Cassation (p. 21), considering that the only imprint retrieved in Kercher’s room belonged to Guede.

The fourth reason again claims violation of the law, with reference to the article 606 lett. c) and e) regarding the evidence on the participation to the crime and the violation of the articles 111 Const, 238, 513 and 526 of the code of penal procedure on the usability of the interrogation of Guede and the observance of the evaluation standards on a charge of complicity.

The fifth reason claims misrepresentation of the evidence and manifest illogicality, related to the results of the genetic investigation on the knife (item 36) and also on the supposed “non-incompatibility” of the instrument with the most serious wound observed on the victim’s neck. Claimed further is the violation of the evaluation standards of evidence according to article 192 of the code of criminal procedure.

The sixth reason claims lack of rationale, because there was no consideration of the violation of the international recommendations on the sampling and examination of traces of small entity and the interpretation of the results. Also claimed is misrepresentation of the evidence and manifest illogicality of reasoning on the results of the genetic examinations carried out on the kitchen knife and also violation of the proof evaluation standards, according to the article 192 of the code of procedure.

The seventh reason claims incorrect reasoning with reference to the violation of the international recommendations on the sampling and analysis related to the genetic examinations carried out on the brassiere hook (item 165 B) and the objected-to contamination of the item, after the inspections carried out by the Criminal Investigation Department.

The eighth reason challenges the violation of articles 192 and 533 of the code of criminal procedure on the interpretation of the genetic examination on the item 165 B and lack of rationale on the objected violation of the international recommendations in matter of interpretation of mixed DNA.[18]

The ninth reason challenges a violation of article 192 of the code of criminal procedure and manifest illogicality of evidence for misrepresentation of the scientific investigation, considering the failure of the DNA proof in this case.

The tenth reason challenges a manifest illogicality in the motivation in the luminol evidence related to the supposed presence of blood imprints in areas of the house of via della Pergola and also on the bathmat, and manifest illogicality of rationale related to the mixed traces of Knox and Kercher and the evaluation of the circumstantial evidence in relation to the participation of more than one person to the crime.

The eleventh reason challenges a manifest illogicality or contradictory nature in the motivations related to the evaluation of the motive of the murder.

The twelfth reason argues the same incorrect reasoning and misrepresentation of the evidence related to the time of the 112 call.

The thirteenth reason argues the same incorrect reasoning in relation with the alibi and the supposed tentative of Sollecito to cover for the supposed co-perpetrator Amanda Knox.

The fourteenth reason challenges the violation of the law principles stated by Cassation and the violation of the judicial standards of “beyond reasonable doubt” according to article 533 of the code of criminal procedure.


Saturday, September 26, 2015

TJMK/Wiki Translation Of The Marasca/Bruno Report #1 Of 7: The Four Opening Summaries

Posted by The TJMK Main Posters



More judicial artwork in the Supreme Court. Click to go straight to Comments.

1. Overview Of The Post And Series

This is about one-quarter of the report. These sections summarize the crime against Meredith, the legal process, and the appeals Knox and Sollecito filed with Cassation in 2014.

This is our second translation post after this one which showed that Knox and Sollecito were NOT found innocent, far from it.

They were in fact confirmed as being at the scene of the crime, as were Guede and a presumed two others, and lying about it, though for supposed reasons not even the defenses had ever argued.

Translation was by a professional translator with extensive finalization by Machiavelli with some help from the Wiki team of the judicial terms used and the accuracy of the English relative to what is in the report. Resisted was any attempt to employ more fluent English because the Italian itself is far from fluent or coherent.

We’ll post critiques separately in Comments and other posts except for this one.

Notable for its absence is any attempt to explain why the Fifth Chambers pushed aside the First Chambers to handle this murder case, and why in that process at least two laws (bedrock articles of the judicial code) seem to have been broken.

They seem to have been tasked only to assess whether the appeal should be handled by a joint arrangement of all Supreme Court Chambers because of claims by defenses that the unusual amount of publicity and supposed legal complexity required that.

Please consider this pre-final. Suggestions for improved translation are welcome. The PDF version to go on the Wiki will be the final. 

2. The Four Opening Summaries

1. Summary Of The Crimes Against Meredith

This is the original language of Marasca and Bruno. It is their take on the prosecution.

1. Raffaele Sollecito and the United States citizen Amanda Marie Knox were called to account, before the Perugia Court of assize, for the following crimes:

A) within the meaning of Articles 110, 575, 576, first clause , number 5, in relation to the crime sub C) and 577, first clause number 4, in relation to article 61 n. 1 and 5 of the penal code, to have, in conjunction between them and with Guede Rudi Hermann, killed Kercher Meredith, by means of choking and subsequent breaking of the hyoid bone and profound lesion on the left anterolateral and right lateral neck region, caused by a piercing and cutting weapon mentioned in section B), and meta-hemorrhagic shock with observable asphyxical subsequent to the bleeding (caused by the puncture and cutting wounds present on the left anterolateral and right lateral region of the neck and the contextual aspiration of hematic material), and taking advantage of the nocturnal hour and the isolated location of the apartment inhabited by Kercher and the same Knox, as well by two other Italian girls (Romanelli Filomena and Mezzetti Laura), an apartment located in Perugia, in via della Pergola number 7, committing the act for futile reasons, while Guede, with the conjunction of the others, committed the crime of sexual violence;

B) within the meaning of Article 110 of the penal code and 4 law number 110/1975 to have, in conjunction between themselves, brought out of the house of Sollecito, without a justified reason, a big puncture and cutting knife with a total length of 31 cm (seized from Sollecito the 6th of November 2007, exhibit 36);

C) within the meaning of Article 110, 609 bis and ter no. 2 of the penal code to have, in conjunction between themselves and with Guede Rudi Hermann (Guede as material executioner, in conjunction with the co-accused) forced Kercher Meredith to endure sexual acts, with manual and/or genital penetration, by means of violence and threast, resulting in constraining maneuvers which produced lesions, particularly on the upper and lower limbs and on the vulvar region (ecchymotic suffusions on the fore side of the left thigh, lesions on the vestibular-vulvar area and ecchymotic areas on the fore side of the medial third of the right leg) as well as the use of the knife described in point B; 

D) within the meaning of Article 110, 624 of the penal code, acting together, acquiring an unjust profit, in the circumstances of time and place described in point A) and C), took possession of the sum of approximately € 300.00, two credit cards, of Abbey Bank and Nationwide, both from United Kingdom, and two cellular phones owned by Kercher Meredith, stolen from the aforementioned; fact to be qualified within the meaning of article 624 bis of the penal code,  the place of execution of the crime cited in point A) referred to here.;

E) within the meaning of article 110, 367 and 61 n. 2 of the penal code to have, acting together, simulated the attempted burglary and entering of the room of the apartment in via della Pergola, inhabited by Romanelli Filomena, breaking the window glass with a stone found in the vicinity of the house and subsequently dropped in the room, near the window, all of this to obtain impunity from the crimes of homicide and sexual violence, trying to ascribe them to unknown persons who broke in, for this purpose, into the apartment;

All this took place in Perugia, during the night between the 1st and 2nd of November 2007.

Knox only, furthermore, regarding the crime mentioned in point F), within the meaning of article 81 cpv, 368, clause 2, and 61 n. 2 of the penal code, because, with multiple actions within the same criminal plan, knowing that he was innocent, with statements filed during declaration to the Flying Squad and the Police of Perugia on the 6th of November 2007, she falsely blamed Diya Lumumba called “Patrick” for the murder of the young Meredith Kercher, all of this to obtain impunity for everyone and particularly for Guede Rudi Hermann, colored as is Lumumba; in Perugia, during the night between the 5th and the 6th of November 2007.

2. Summary of The Legal Process 2009-2014

This is the original language of Marasca and Bruno. It is their take on the 2009 trial, the 2011 Hellmann appeal, the 2013 Supreme Court appeal, and the 2013 Nencini appeal.

By judgment of 4-5 December 2009, the Court of assize declared Amanda Marie Knox and Raffaele Sollecito guilty for the crimes mentioned in point A) ““ this including the crime mentioned in point C) ““ also in B) and D), regarding the cellular phones, and E) and, for what concerns Knox, also the crime mentioned in F); crimes which fulfill the prerequisite of continuity and, excluding the aggravating factor mentioned in article 577 and 61 n.5 of the penal code, conceded to both extenuating circumstances equivalent to the remaining aggravation circumstances, condemned them to the sentence of twenty-six years of prison for Knox and twenty-five years of prison for Sollecito, plus other consequential terms;

condemned, also, the same accused, jointly, to pay compensation for damages to the civil parties John Leslie Kercher, Arline Carol Lara Kercher, Lyle Kercher, John Ashley Kercher and Stephanie Arline Lara Kercher, damages to be compensated at a separate session, with the immediate payment of the amount of 1,000,000.00 € each in favor of John Leslie Kercher and Arline Carol Lara Kercher and 800,000.00 € each in favor of Lyle Kercher John, Ashley Kercher and Stephanie Arline Lara Kercher;

condemned, also, Amanda Marie Knox to pay compensation for damages to the civil party Patrik Lumumba, to be compensated at a separate session, with the immediate payment of the amount of 10,000.00 €, plus other consequential terms.

condemned, finally, the aforementioned Knox and Raffaele Sollecito to pay compensation for damages to the civil party Aldalia Tattanelli (owner of the apartment in via della Pergola), to be compensated at a separate session, and for Lyle Kercher, John Ashley Kercher and Stepanie Arline Lara Kercher, with immediate payment.

Regarding the appeals proposed by the accused, the Court of Assizes of Appeal of Perugia, by judgment of 3 October 2011, declared Knox Amanda Marie guilty for the crimes referenced in point F), excluding the aggravating factor mentioned in article 61 n.2 of the penal code and excluded the general extenuating circumstances equivalent to the aggravating factors within the means of article 368 of the penal code ““ condemned her to the sentence of three years of prison; confirming strictly for this sentence the civil damages.

absolved the accused from the crimes previously accredited to them on point A), B) and D), to have not committed the act, and from the crime described in point E) because there is no case to answer, rejecting the damages proposed against them by the civil party Aldalia Tattanelli.

regarding the appeals proposed by the Perugia prosecutor-general, by the accused Amanda Marie Knox and the civil parties, this Court of Cassation,  First Criminal Division, with sentence of 25 March 2013, cancelled the disputed sentence referring to the crimes mentioned in point A) ““ incorporated in point C) ““ B), D) and E) and the aggravating factor within article 61 n.2 of the penal code concerning point F) and referred the appeals to the Court of Assizes of Appeal of Florence for new examination.; denying Knox’s appeal, with subsequent circumstances.

During the review the Court of Assizes of Florence, with the trial sentence indicated above, confirming the exisistence of the aggravating factor within the meaning of article 61 n.2 of the penal code, with reference to the crime within the meaning of article 368, second paragraph of the penal code, point F), revises the sentence against Amanda Marie Knox to be twenty-eight years and six months of prison; confirming the trial sentence, with the consequential damages in favor of the constituted civil parties.

Against the aforementioned ruling, the accused’s defendants had proposed different Court of Cassation appeals, each one subject to the following critical reasons.

3. Summary of Amanda Knox appeal

This is Marasca and Bruno summarising the submission of Knox lawyers Dalla Vedova and Ghirga.

The appeal in favor of Amanda Marie Knox, before the presentation of the multiple reasons of which it was constituted, was preceded by a long premise which, on the one hand, anticipated the direction of the entire appeal and, on the other hand, proposed once again the same set of problems already discussed in the original grounds for appeal, such as the constitutional legitimacy issue of the conjunction of articles 627 chapter 3 and 628 chapter 2, regarding the application of a possible “indefinite repetitiveness” of an order of remand by the Cassation and corresponding options of indefinitely appealing a rescission order.

In first arguments the basis for contesting of the entire appeal was presented, represented by the pretentious avoidance of the dictum of the rescission order of this legitimacy Court and the divergent interpretation of the same probative material by two different courts of assizes, Perugia and Firenze, the last, however , based on mere paperwork exam.

Then, it continued into the analytical analysis of the procedural factual circumstances or evidences, which wouldn’t have been validly examined or, illegitimately, perceived in a partitioned way and not from a global and unitary perspective.

Taking into account this, various reasons for the appeal were deduced and reasons summarily presented, according to the terms of article 173, chapter 1, disp. att. code of penal procedure, that is in the terms strictly necessary to the decision.

The first reason challenged the violation and inobservance of the criminal law, according to article 606 lett. b) and c) of the code of criminal procedure and also the incorrect reasoning, according to the same article let. e), about the decisive matter of the asserted reason, of Knox for the commitment of the crime, in violation of article 110 of the penal code.

Contested, in this regard, was what previously assumed in the judgments as to the merits, regarding some claimed disagreements between the aforementioned Knox and Kercher, despite the occurred absolution, with definitive decision, of the finding for theft of the sum of three hundred euros and the collected depositions, including the one provided by Marco Zaroli, regarding the “idyllic” relationship between the two girls. From the records of proceedings there had not emerged any reason that could have induced Knox to mindfully concur in the murder act and, contrarily to the assumption of the judge, the verification of motive during the evidentiary process was absolutely necessary. In this regard, no indications have been offered by the [First Chambers] review judge, despite the specific indication of the rescission order, which had notified a triple possibility: 1) genetic acknowledgement on the death option; 2) changing of an initial program which only included the involvement of the English girl in a not shared sexual game; 3) mere forcing of an erotic group game.

Also, in a scenario of absolute uncertainty the review judges had elaborated an abnormal type of collusion in a crime, the fruit of a singular mixture of different impulses and reasons of the participants: Mr. Guede driven by a sexual motive; Ms. Knox by resentment towards the English woman; Mr. Sollecito by unknown intent.

The second reason highlights a problem of great relevance in the circumstance of the present judgment, that is the right interpretation of the scientific examination results from a perspective of respect of the evaluation standards according to article 192 of the criminal procedural code and the relevance of the genetic evaluation in the absence of repeatable amplification, as a consequence of the minimal amount of the sample and, more generally, the reliability coefficient of investigations carried out without following the regulations dictated by the international protocols, both during the collecting phase and the analysis.

Particularly, anomalies were challenged in the retrieval of the knife (item 36) and the victim’s brassiere hook, which do not exclude the possibility of contamination, as correctly outlined in the Conti-Vecchiotti report, ordered by the Perugian Court of assizes, which also notified the unreliability of the scientific data, precisely because it was not subject to a further examination.

It was also denied that the retrieved knife would have been the crime weapon.

The third reason challenged the law violation and incorrect reasoning, according to article 606 lett. b) and e), regarding the teleological nexus between the crime of calunnia and the homicide. In this regard, the psychological conditions of the accused during the issue of the calumnious declarations dated 11.06.2007 are outlined, her declarations were considered unusable by this Court (with ruling number 990/80); also challenged was a violation of article 188 of the code of criminal procedure, for infringement of the declarer’s moral freedom during the assumption of evidence.

The fourth reason challenged incorrect reasoning regarding the relevant circumstances of the happening, with reference to, firstly, the asserted simulation of theft in Romanelli’s room, without considering that Guede, at the moment of his arrest, presented wounds on his right hand compatible with the hypothesis of a previous breaking of the window’s glass and subsequent climb in order to enter the room, with shards of glass on the windowsill, also in the same way not considered was the criminal record of Guede, who wasn’t new to stealing in apartments, with identical modalities. Moreover, not considered was that not a single genetic imprint of the accused had being retrieved in the room of the murder, while fourteen imprints referable to Guede were retrieved in the same room.

The argument was totally illogical of a purported selective cleaning of the environment carried out by the accused, being almost impossible to remove specific genetic traces, leaving others intact.

The fifth reason denounces the incorrect reasoning in the evaluation of the Curatolo’s and Quintavalle’s declarations, non-adequately interpreted during the examination of the evidence. Also the illogical relevance given to the SMS received by Patrik Lumumba, due to uncertain of the site of the reception, and considering the well-known unreliability of localizations based on the triangulation of telephone cells.

The sixth reason challenged the law violation, in relation to the use of statements considered unusable by this Court, with particular reference to the declarations of the accused contra se at 5:45 AM of 11.6.2007.

Also, it was not considered that the defense report submitted by Knox suffered from the unstable psychological conditions in which she found herself, also from the stress consequent to the violation of her defense rights.

The seventh reason denounces the violation of articles 111 Cost., chapter 2 and 238 of the criminal procedure code, with reference to the irrevocable sentence issued against Guede and the inappropriate interpretation of the declarations produced by the aforementioned, via Skype, to his friend Giacomo Benedetti.

The eighth reason denounces the lack of assumption of decisive evidence, according to article 606 lett. d) of the criminal procedure code and in relation to articles 111 chapter 2 and 238 bis of the criminal procedure code, for failure to re-open court hearing evidentiary phase, denied with order of 09.30.2013, in order to examine Guede, after his accusations against the indicted woman.

The ninth reason signals inconsistency and contradictory nature of motivation and also great inaccuracy, such as the declaration at page 321 about the presence of genetic traces of Sollecito and Kercher on the retrieved knife.

It is argued, also, that the place where the cellular phones of the victim had been retrieved was compatible with Guede’s itinerary towards his house, situated in via del Canerino n. 26.

Inadequate, moreover, was the evaluation of the results of the report provided by Massimo Bernaschi about the computer damage, by suspected electric shock.

The tenth reason denounces the inobservance or erroneous application of articles 627 and 603 of the criminal procedure code referring to the preliminary order of 09.30.13 and 04.17.14.

Requested, also, is the correction of the material error presented in the order dated 04.17.13, referring to the erroneous indication of the place of birth of the accused, who was born in Seattle and not in Washington.

The eleventh reason denounces the violation and inobservance of article 606 lett b), in relation to the quantification of the punishment in point of aggravating circumstance according to article 61 n.2 of the penal code for the crime of calunnia placed on the accused assuming a teleological nexus.

The remand judge [Nencini] had considered the generic mitigating circumstances of minor value, previously considered equivalent, despite the final status of judgment [giudicato] on the point.

4. Summary of Raffaele Sollecito appeal

This is Marasca and Bruno summarising the submission of Sollecito lawyers Bongiorno and Maori.

3. The appeal on behalf of Raffaele Sollecito is explained in terms of twenty-two reasons, which will be also systematically summarised according to the requirements of article 173, chapter 1, of the code of penal procedure.

To this summary explanation has to be added the reference to the introductory part, containing specific requests.

The first concerns the ruling for referral to a United Sections of Cassation panel [Sezioni Unite] on matters asserted of being of maximum relevance and, potentially, capable of generating interpretative contrast:

a) Probative or evidential value of the results of the scientific evidence in case of violation of scientific community international protocols regarding the collection and reading of the data;

b) Usability of declarations produced by Guede during the appeal process. In relation to this, it is inappropriate to relate the review of this appealed sentence to what he has stated during interrogation, reported in the appealed sentence according to article 238 bis; if those declarations were usable, it would be a consent to include in the trial, in violation of the same procedural disposition, declarations produced in absence of cross-examination.

c) Range of explanation of the principle of beyond reasonable doubt, which, from what is stated by the current defense, would be violated in this specific case by the erroneous statement by the remand judge, according to which the lack of procedural collaboration of the accused has exempted the judge from analyzing the alternative hypothesis emerged from the trial papers or the defense perspectives.

d) Reliability limits in witnesses’ declarations (such as the ones from Dramis, Monacchia, Quintavalle and Curatolo), produced some time after the facts, after being solicited by journalists. The question is about the verification of the reliability of witnesses during the procedures who created strong media impact, with particular reference to Gioffredi and Kokomani claims and to the declaration of the former offender Luciano Aviello, who did not hesitate to produce slanderous declarations towards the prosecutor, the defence attorney, and Raffaele Sollecito’s father.

The intervention of the supreme jurisdictional assembly was necessary in order to fix the evaluation standards of oral evidence during trials with strong media exposure, aiming to preserve the credibility of the trial, protecting it from mythomaniac or judicial attention-seeking behavior.

In the introductive part also thoroughly examined is the position of Amanda Knox regarding the erroneous evaluation of the evidence against her, which had reflected negative effects also on the position of Sollecito, with the distorted conviction that the two substantial positions would be linked by an indissoluble bond, almost like a unique communication vessels system or an abnormal “mutual” extension of responsibility.  All of this in order to denounce the erroneous methodological position consisting in the lack of an “identifying” evaluation of the appellant’s role in the tragic happening subject to judgment. And the aforementioned assumption gave headway to a further denouncement of legitimacy, consisting in the remand judge avoiding the dictum of the cancellation judgment, which gave to the remand judge the task of “highlight the subjective position of Guede’s contestants in the light of all the supposable circumstances”, all specifically enunciated.

It is also pointed out that Ms. Knox had never placed, even in her noon report (erroneously considered of confessional nature), Sollecito at the crime scene. On the contrary, from the aforementioned report, it was possible to deduce that the foretold was not present in the house of via della Pergola.

In fact, no trace of Sollecito was found in the room of the murder. The only element of proof against him was represented by the DNA trace retrieved on the brassiere hook of the victim; trace of which relation with the indicted was actually denied by the Vecchiotti-Conti report, which, in this regard, had accepted the observations of the defense advisor Professor Tagliabracci, world-renowned geneticist.

Once this is considered, it is possible to proceed with a brief listing of the reasons for the appeal.

1) The first articulated reason challenged the violation of articles 627, chapter 3 and 628 of the code of criminal procedure for the nonobservance of the principles enounced in those articles, particularly referring to the necessity: a) to ascertain the presence of the suspects on the crime scene; 2) to outline the subjective positions of the Rudy Guede’s assumed co-attackers; 3) to establish the motive of Raffaele Sollecito in relation to the one asserted for Guede.

In strict connection with the aforementioned appeal, also, further reasons of complaint are advanced, specifically contexted within the logic of incorrect reasoning, with regard to the meaning of article 606 lett e) of the code of criminal procedure, connected with the challenged avoidance.

  • The first concerns the appealed denial of the evidentiary phase re-opening, also expressed in the order dated on 30th September 2013, also appealed. The request procedurally proposed by the defense (based on the new reasons of the 29th June 2013 and the minutes of the hearing dated 30th September 2013) was aimed to acknowledge the actual presence of the accused on the crime scene and the role carried out by each one of them on the occasion. It is advanced also:

  • the omitted evaluation of decisive elements regarding Sollecito’s alibi, with particular reference to the results of the integrative report submitted by the technical expert for one of the parties, D’Ambrosio, which demonstrates the interaction of the indicted with his computer;

  • manifest illogicality of the reason in relation to what is expressed by article 522 of the code of criminal procedure; in the absence of motivations capable to exceed the limit of beyond reasonable doubt with regards to supposed participation of Sollecito to the criminal act of murder and to the role he carried out in the crime;

  • lack of reasoning in the motivations report, in relation with articles 192 and 238 bis, with regards to the content of the irrevocable sentence against Guede in order to identify a reason for the murder.

The requested re-opening of the evidentiary phase, aimed to demonstrate the absence of the indicted on the crime scene and the inexistence of any reason,  was illogically denied, especially since the appealed sentence had already asserted an autonomous reason, of sexual nature, against Guede.

Furthermore, the denial of the re-opening of evidentiary phase also includes a law violation in regard to article 627, second paragraph, in accordance to which “if the appeal sentence is annulled and the parties issue a request, the judge orders the re-activation of the evidentiary phase in relation to the assumption of evidence found relevant for the decision”

Even if is not intended to follow the case law orientation in line with the renewing of the appealed preliminary hearing, as for the right to evidence, the appeal judge was, however, obliged to give reason for the denial of the request of re-opening of evidentiary discussion in a rational manner and consistent with the evidentiary framework.

It was, among other things, requested a genetic perizia [examination/investigation by judge-appointed experts] in relation to the stain (apparently of spermatic nature) present on the victim’s pillowcase, in order to verify its nature and possible attribution to an unknown third party; a perizia aimed to acknowledge the effective possibility to carry out a selective cleaning in order to remove only the traces connectable with the current appellants, inside the victim’s room, without removing the ones retrieved and correctly attributed to Mr. Guede; the carrying out of exams on the item 165 B, with previous acquisition from the criminal laboratory department, of the residual DNA sample extracted from the brassiere hook and further genetic exams on the same item, ordering for such purpose a supplementary investigation in order to cancel every reason of doubt on the matter; [11] exams on the stone retrieved inside Ms. Romanelli’s room, in order to identify the presence of DNA on the stone surface; audiometric test [perizia] aimed to acknowledge the possibility of hearing the supposed heart-rending scream coming from the house in via della Pergola and the footsteps with the windows closed, of the witness Capezzali; IT investigation [perizia] on Sollecito’s computer, in order to verify the existence of human interactions during the night between the 1st and 2nd November 2007; anthropometric perizia in relation to the build, height, gait and somatic features of the subject filmed by the parking facility camera, to be compared with the physical features of Guede and his clothes at the moment of the arrest; examination according to the ex-article 197 bis of Guede in regards to the facts happened the night of the murder.

The rejection of the aforementioned evidentiary discussion requests has been motivated by the appeal judge by illogical and off-topic reasoning.

2) Violation of article 606 lett. e), with reference to the wrong reading and interpretation of the content of Knox’s report.

3) Another incorrect reasoning has been deduced with reference to the considered irrelevance of the exact determination of the hour of death of Meredith Kercher (which according to the defense should have been placed between 9 and 10 PM, 10:15 PM at most), with special reference to the exam carried out on Ms. Kercher’s phone records.

4) The same flaw has been challenged regarding the supposed incompatibility of Mr. Curatolo’s declarations with the time of the scream, and the asserted irrelevance of [scientific] exams on the precise hour of death of the young English woman.

5) Also distorted was the interpretation of Capezzali’s declarations, of which has been attached the relative transcription.

6) In regards to flawed reasoning, interpreted according to the new wording of article 606 lett. e) of the code of criminal proceeding, the erroneous interpretation of Mr. Curatolo’s witness declarations is challenged.

7) The same for Mr. Quintavalle’s testimony and the omitted examination of the evidential contribution of inspector Volturno, who submitted the service note according to which the aforementioned Quintavalle had told of having seen Mr. Sollecito and Amanda always together.

8) With reference to the combined provisions of articles 606 lett. e) and 192 of the procedure code it is, then, challenged the erroneous evaluation of the proof in relation to the supposed participation of persons in the crime, with particular reference to the contested examination of the footprints and traces highlighted by luminol.[12]

9) Also challenged is the misrepresentation of the evidence related to the time of the 112 call, also based on the supposed error of the timer of the camera situated near the parking lot.

10) Identical violation is challenged with reference to the supposed alteration of the crime scene carried out by the two suspects.

11) Other case of motivational deficit, a sub-type of evidence misrepresentation, and also contradiction or manifest motivational illogicality, is challenged, according to article 192 of the code of criminal procedure, regarding the supposed falsehood of the provided alibi and the related violation of the principle nemo tenetur se detegere.

Moreover, it should have been considered as a “failed” alibi, not “false”, and as such not suitable to sustain an “evidential conclusion”, otherwise it would be subject to inadmissible inversion of the burden of proof.

12) Also erroneous was the interpretation of the results of the genetic evidence on item 36) and on the supposed compatibility of the seized weapon with the most serious wound observed on the victim’s neck. With regards to this, it was clear the misrepresentation in which the judge was involved, given that on the knife’s blade was not observed any mixed Kercher-Sollecito DNA. On the same instrument had been retrieved traces of starch, proof that it was not true that it had been properly washed in order to remove incriminating traces. Furthermore, the starch, found in plants, has a well-known absorbing capability, so it should have absorbed the blood in case it was used for the commitment of the crime.

Hence, the motivated request to refer the trial papers to a United Sections of Cassation panel.

Furthermore the assumption that the most serious wound on the left side of the victim’s neck would have been inflicted with a single strike was denied by unambiguous emerging proofs, such as the results of the examination submitted by pathologist Cingolani, and also the conclusions of the party’s expert Introna.

13) The motivation of the appealed sentenced was objectionable also in relation to the asserted availability of the kitchen knife for Amanda Knox at the time of the aggression. In this regard, it was illogical to state that the kitchen knife, used for the homicide, wouldn’t have been hidden, considering that the furniture and instruments of the apartment rented by Sollecito were listed in inventory, so that the lack of the knife would have generated suspecion, and according to this it was replaced in its place subsequent to cleaning.

Also clearly illogical was the motivation related to the carrying of the knife on the part of Ms. Knox, with asserted use of the capacious purse in her possession, for supposed reasons of personal defense, for this purpose induced by Sollecito who was familiar with knives. It was not considered that to be true this explanation would exclude the hypothesis of joint concurrence, since it would admit that the suspect woman was alone [13] and not able to take advantage of, in case of aggression by strangers, the supposed defense by her boyfriend.

However, there was no evidence on the supposed concurrence of the appellant in [a charge of] unjustified carrying of thee knife.

14) Obvious also was the flawed reasoning on the results of the genetic investigations on the bra hook, for which a referral to a United Sections of Cassation panel is requested.

With regard to the possible contamination of the item, the appeal judges overlooked the photographic material placed before the court, which clearly demonstrated the possible contamination, regarding the way the hook was treated, with a “hand to hand” passage carried out by persons who wore dirty latex gloves.

Furthermore, a second amplification was not carried out on the hook despite the fact that half of the sample was still available, and remained unused.

Also, the hook, though observed during the first inspection carried out by the scientific police,  was left on the ground, on the floor, and there it remained for some time. It wasn’t true, also, that between the first access and the one during which the hook was finally collected, only two inspections by the investigators took place, in reality there were more and in such occasions everything was put in disarray.

With regard to this, the objections by the defense and the contrary conclusions of the defense adviser professor Tagliabracci, were not considered.

15) A misrepresentation of the evidence also took place in relation to the actual delivery of the progress reports [SAL] on the examinations carried out by Dr. Patrizia Stefanoni, of the scientific police.

16) Another reason for complaint with regard to the judge’s motivations context is related to the supposed theft simulation in Romanelli’s room and the absence of motivation in the new reasoning presented in the report of 29th July 2013.

In this regard, it is argued that it was Sollecito who notified the postal police, their having arrived in via della Pergola for other reasons (the retrieval of Kercher’s cellular phones, one of them with the sim card in the name of Romanelli), about the strangeness of the fact that from the room of the housemate of Kercher and Knox, the computer and valuable items were not missing; that the testimony declaration of lawyer Paolo Brocchi and of Matteo Palazzoli, presented in the new submiessions, regarding acts of thievery carried out by Guede with modalities similar to the ones that were supposed to be used for the breaking-into the apartment in via della Pergola, were not considered; nor were properly considered the defense reports about the wounds on the palm of the hand palm of Guede at time of his arrest in Germany; nor that the evidence had been misrepresented with reference to the collocation of the glass shards, given that from the collected testimony declarations [14] it resulted that the shards of glass were placed both under and over the objects present in Romanelli’s room; that, also, a glass fragment was retrieved in Meredith’s room, indicating that whoever unlawfully entered the room had brought that fragment with him. Therefore, it was clear that the sentence under appeal was based on mere speculations, totally detached from the trial’s reality.

17) Challenged also is the violation of article 238 bis of code of criminal procedure, on the fact that through the acquisition [in the trial against Knox and Sollecito] of the irrevocable sentences issued against Guede, it was intended to make use of declarations released contra alios in a different procedural context, although those declarations were issued in absence of the blamed persons. Beyond this point, for which a referral to United Sections of Cassation was solicited,  Guede’s declarations were erroneously evaluated, in violation of the standards dictated by article 192 of the code of criminal procedure and the indications of this Court (p. 57). It was true that those declarations were adopted as a mere confirmation element, but they were still unusable declarations. The sentences about him, after all, also the Supreme Court ones, demonstrated the absolute unreliability of Mr. Guede.

18) Another violation of the article 238 bis of the code of criminal procedure was challenged with reference to the supposed binding effectiveness of external final verdicts [giudicato esterno].

19) Also related to the declarations of Guede, their use constituted a violation of articles 111 Const., 526 chapter 1 bis of the code of criminal procedure, and 6 of the European Convention. And also on this matter, referral to a United Sections of Cassation panel was requested.’

20) In the event that such legal approach is not shared [by the Supreme Court], a question of constitutional illegitimacy was advanced of those laws which allowed bypassing the regulatory prohibitions in regards to the usability of declarations incriminating third parties in the absence of the accused persons, by means of the mere acquisition of irrevocable judgments against the declarant and containing the relative propagations contra alios.

21) Incorrect reasoning was also challenged in relation to the supposed possibility of contamination of the evidence during the appeal, independently from the doubting of sufficient quantity expressed on the point.

22) There was also a lack of rationale also related to the aggravating circumstance of sexual violence.

23) The same also applies with regard to the supposed theft of the victim’s cellular phones. 

24) Clear also is the violation of the principle of the beyond reasonable doubt, because of the omission of the examination of alternative solutions.

Finally, a rationale was omitted on a possible downgrading of the charge from voluntary murder to the less serious charges of aiding a crime or manslaughter, and also the application of mitigating circumstances.


Wednesday, September 23, 2015

Supreme Court Confirms All Three Were There And Lied, RS & AK Apologists Desperate To Downplay That

Posted by Machiavelli




1. Shocking Sentencing Report

Despite the public relations campaign this was by any standards a very strong case.

In contrast the language, logic and law of the Marasca/Bruno Report are about as weak as Rome lawyers have seen. The Fifth Chambers normally handles only appeals of verdicts for fraud, defamation, and other mundane non-violent personal and family injuries and they are forbidden from judging evidence. Their reports are almost invariably 1-3 pages long.

No finding by any experienced murder judge ever stretches logic and law and evidence as much as this. This grim situation for RS and AK still remains. 

    (1) The report very firmly places all three at the scene of the crime with extensive language on a long list of proofs; but though bizarrely it separates two from the crime itself.

    (2) The final verdict is not “assoluzione” meaning acquittal or innocence but simply “proscioglimento” meaning the dropping of charges (not usually used in a court context, see the note in the final paragraphs of translation) which can be subject to appeal.

    (3) The report does nothing to help Knox and Sollecito to get beyond their calunnia, villiipendio and diffamazione trials. It makes a win against either or both Knox and Sollecito in a wrongful-death suit more or less an assured thing. And it pre-emptively dismisses the frivolous appeal by Amanda Knox to ECHR Strasbourg.

If the appeal by Knox and Sollecito against the Nencini court findings and guilty sentences had been handled without chicanery, it is the First Chambers which deals with murder cases and which annulled most of the Hellmann appeal outcome in 2013 which would have got this appeal. Almost certainly those judges would have simply rejected the appeal, and sent Knox and Sollecito right back to jail.

The report makes lawyers question why Knox and Sollecito were not at minimum found guilty of being accessories to murder after the fact. Even the defense teams seem to have realised the risks in the shaky judgement

2. Passages Finding Knox And Sollecito Were There

In chapters 4, 9 and 10 the Marasca/Bruno report makes very clear that Knox and Sollecito were both at the house on the night. They find that the proof of that stands up. Highlighted in the translation below are passages amount to the firm conclusion that Knox definitely was there, with blood on her hands, and Sollecito logically also.

From Chapter 4

4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(”¦) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.

Well, so the “fact” that was ascertained within that verdict, indisputably, is Guede’s participation in the murder “concurring with other people, who remain unknown”. The invoking of the procedural norms indicated means that the usability of such fact-finding is subordinate to [depends on] the double conditions [possibility] to reconcile such fact within the scope of the “object of proof” which is relevant to the current judgement, and on the existence of further pieces of evidence to confirm its reliability.

Such double verification, in the current case, has an abundantly positive outcome. In fact it is manifestly evident that such fact, which was ascertained elsewhere [aliunde], relates to the object of cognition of the current judgement. The [court’s] assessment of it, in accord with other trial findings which are valuable to confirm its reliability, is equally correct. We refer to the multiple elements, linked to the overall reconstruction of events, which rule out that Guede could have acted alone.

Firstly, testifying in this direction are the two main wounds (actually three) observed on the victim’s neck, on each side, with a diversified path and features, attributable most likely (even if the data is contested by the defense) to two different cutting weapons. And also, the lack of signs of resistance by the young woman, since no traces of the assailant were found under her nails, and there is no evidence elsewhere [aliunde] of any desperate attempt to oppose the aggressor; the bruises on her upper limbs and those on mandibular area and lips (likely the result of forcible hand action of constraint meant to keep the victim’s mouth shut) found during the cadaver examination, and above all, the appalling modalities of the murder, which were not adequately pointed out in the appealed ruling.

And in fact, the same ruling (p. 323 and 325) reports of abundant blood spatters found on the right door of the wardrobe located inside Kercher’s room, about 50 cm above the floor. Such occurrence, given the location and direction of the drops, could probably lead to the conclusion that the young woman had her throat literally “slashed” likely as she was kneeling, while her head was being forcibly held [hold] tilted towards the floor, at a close distance from the wardrobe, when she was hit by multiple stab wounds at her neck, one of which ““ the one inflicted on the left side of her neck ““ caused her death, due to asphyxia following [to] the massive bleeding, which also filled the breathing ways preventing breathing activity, a situation aggravated by the rupture of the hyoid bone ““ this also linkable to the blade action ““ with consequent dyspnoea” (p. 48).

Such a mechanical action is hardly attributable to the conduct of one person alone.

[Ed note: Firm settling on motive is not required in Italian law.] On the other hand such factual finding, when adequately valued, could have been not devoid of meaning as for researching the motive, given that [27] the extreme violence of the criminal action could have been seen ““ because of its abnormal disproportion ““ not compatible with any of the explanations given in the verdict, such as mere simple grudges with Ms. Knox (also denied by testimonies presented, [even] by the victim’s mother);  with sexual urges of any of the participants, or maybe even with the theory of a sex game gone wrong, of which, by the way, no mark was found on the victim’s body, besides the violation of her sexuality by a hand action of Mr. Guede, because of the DNA that could be linked to him found inside the vagina of Ms. Kercher, the consent of whom, however, during a preliminary phase of physical approach possibly consensual at the beginning, could not be ruled out. 

Such finding is even less compatible with the theory of the intrusion of an unknown thief inside the house, if we consider that, within the course of ordinary events, while it is possible that a thief is taken by an uncontrollable sexual urge leading him to assail a young woman when he sees her,  it’s rather unlikely that after a physical and sexual aggression he would also commit a gratuitous murder, especially not with the fierce brutality of this case, rather than running away quickly instead. Unless, obviously, we think about the disturbed personality of a serial killer, but there is no trace of that in the trial findings, since there are no records that any other killings of young women with the same modus operandi were committed in Perugia at that time.

From Chapter 9

9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.

We make reference in particular to those declarations that the current appellant [Knox] produced on 11. 6. 2007 (p.96) inside the State Police headquarters. On the other hand, in the slanderous declarations against Lumumba, which earned her a conviction, the status of which is now protected as final judgement [giudicato], [they] had themselves exactly that premise in the narrative, that is: the presence of the young American woman inside the house in via della Pergola, a circumstance which nobody at that time ““ except obviously the other people present inside the house ““ could have known (quote p. 96).

According to the slanderous statements of Ms. Knox, she had returned home in the company of Lumumba, who she had met by chance in Piazza Grimana, and when Ms. Kercher arrived in the house, Knox’s companion directed sexual attentions toward the young English woman, then he went together with her in her room, from which the harrowing scream came. So, it was Lumumba who killed Meredith and she could affirm this since she was on the scene of crime herself, albeit in another room.

Another element against her is the mixed DNA traces, her and the victim’s one, in the “small bathroom”, an eloquent proof that anyway she had come into contact with the blood of the latter, which she tried to wash away from herself (it was, it seems, diluted blood, while the biological traces belonging to her would be the consequence of epithelial rubbing).

(Ed: This next passages on hypotheticals shows how ignorant of murder jurisprudence Marasca & Bruno were, they had never handled a murder case before.]  The fact is very suspicious, but it’s not decisive, besides the known considerations about the sure nature and attribution of the traces in question. 

Nonetheless, even if we deem the attribution certain, the trial element would not be unequivocal, since it may show also a posthumous touching of that blood, during the probable attempt of removing the most visible traces of what had happened, maybe to help cover up for someone or to steer away suspicion from herself, but not contributing to full certainty about her direct involvement in the murderous action. Any further and more pertaining interpretation in fact would be anyway resisted by the circumstance ““ this is decisive indeed ““ that no trace linkable to her was found on the scene of crime or on the victim’s body, so it follows ““ if we concede everything ““ that her contact with the victim’s blood happened in a subsequent moment and in another room of the house.

Another element against her is certainly constituted by the false accusations [calunnia] against Mr. Lumumba, afore-mentioned above.

It is not understandable, in fact, what reason could have driven the young woman to produce such serious accusations. The theory that she did so in order to escape psychological pressure from detectives seems extremely fragile, given that the woman [47] could not fail to realize that such accusations directed against her boss would turn out to be false very soon, given that, as she knew very well, Mr. Lumumba had no relationship with Ms. Kercher nor with the Via della Pergola house. Furthermore, the ability to present an ironclad alibi would have allowed Lumumba to obtain release and subsequently the dropping of charges.

However, the said calunnia is another circumstantial element against the current appellant, insofar as it can be considered a strategy in order to cover up for Mr. Guede, whom she had an interest to protect because of fear of retaliatory accusations against her. This is confirmed by the fact that Mr. Lumumba, like Mr. Guede, is a man of colour, hence the indication of the first one would be safe in the event that the latter could have been seen by someone while entering or exiting the apartment. 

And moreover, the staging of a theft in Romanelli’s room, which she is accused of,  is also a relevant point within an incriminating picture, considering the elements of strong suspicion (location of glass shards ““ apparently resulting from the breaking of a glass window pane caused by the throwing of a rock from the outside ““ on top of, but also under clothes and furniture), a staging, which can be linked to someone who ““ as an author of the murder and a flatmate [titolare] with a formal [“qualified”] connection to the dwelling ““ had an interest to steer suspicion away from himself/herself, while a third murderer in contrast would be motivated by a very different urge after the killing, that is to leave the apartment as quickly as possible.

But also this element is substantially ambiguous, especially if we consider the fact that when the postal police arrived ““ they arrived in Via della Pergola for another reason: to search for Ms. Romanelli, the owner of the telephone SIM card found inside one of the phones retrieved in via Sperandio ““ the current appellants themselves, Sollecito specifically, were the ones who pointed out the anomalous situation to the officers, as nothing appeared to be stolen from Ms. Romanelli’s room. 

Elements of strong suspicion are also in the inconsistencies and lies which the suspect woman committed over the statements she released on various occasions, especially in the places where her narrative was contradicted by the telephone records showing different incoming SMS messages; by the testimonies of Antonio Curatolo about the presence of [the same] Amanda Knox in piazza Grimana in the company of Sollecito, and of Mario Quintavalle about her presence inside the supermarket the morning of the day after the murder, maybe to buy detergents.

Despite this, the features of intrinsic inconsistency and poor reliability of the witnesses, which were objected to many times during the trial, do not allow to attribute unconditional trust to their versions, in order to prove with reassuring certainty the failure, and so the falsehood, of the alibi presented by the suspect woman, who claimed to have been at her boyfriend’s home since the late afternoon of November 1st until the morning of the following day. Mr. Curatolo (an enigmatic character: a clochard, drug addicted and dealer) [48] besides the fact that his declarations were late and the fact that he was not foreign to judiciary showing-off in judicial cases with a strong media impact, he was also contradicted about his reference to young people waiting for public buses to leave in the direction of disco clubs in the area, since it was asserted that the night of the murder the bus service was not operational; and also the reference to masks and jokes, which he says he witnessed that evening, would lead to believe that it was on Halloween night, on October 31., and not on Nov. 1. instead.

The latter point apparently balances ““ still within a context of uncertainty and ambiguousness ““ the witness’ reference to (regarding the context where he reportedly noticed the two suspects together) the day before the one when he noticed (at an afternoon hour) an unusual movement of Police and Carabinieri, and in particular people wearing white suites and head covers (as if they were extra-terrestrials) entering the house in Via della Pergola (obviously on November 2., after the discovery of the body).

Mr. Quintavalle ““ apart from the lateness of his statements, initially reticent and generic ““ did not offer any contribute of certainty, not even about the goods bought by the young woman noticed on the morning subsequent to the murder, when he opened his store, while his recognizing Knox in the courtroom is not relevant, since her image had appeared on all newspapers and tv news.

Regarding the biological traces, signed with letters A and I (the latter analysed by the RIS) sampled from the knife seized in Sollecito’s house and yielding Knox’s genetic profile, they constitute a neutral element, given that the same suspect lived together with Mr. Sollecito in the same home in via Garibaldi, although she alternated with the via della Pergola home, and ““ as for what was said ““ the same instrument did not have blood traces from Ms. Kercher, a negative circumstance that contrasted the accusation hypotheses that it was the murder weapon.

On that point, it must be pointed out that ““ again following a disputable strategic choice by the scientific police genetic experts ““ it was decided that the investigation aimed at identifying the genetic profile should be privileged, rather than finding its biological nature, given that the quantity of the samples did not allow a double test: the quality test would in fact would have “used up” the sample or made it unusable for further tests. A very disputable option, since the detecting of blood traces, referable to Ms. Kercher, would have provided the trial with a datum of a formidable probative relevance, incontrovertibly certifying the use of the weapon for the committing of the crime.

The verified presence of the same weapon inside Sollecito’s house, where Ms. Knox was living together with him, would have allowed then any possible deduction in this respect. Instead, the verified identification of the traces with genetic profiles of Ms. Knox resolves itself in a not unequivocal and rather indifferent datum, given that the young American woman was living together with Mr. Sollecito, sharing time between his dwelling and [49] the Via della Pergola one. Not only that, but even if it was possible to attribute with certainty trace B to the genetic profile of Ms. Kercher, the trial datum would have been not decisive (since it’s not a blood trace), given the promiscuity or commonality of inter-personal relations typical of out-of-town students, which make it plausible that a kitchen knife or any other tool could be transported from one house to the other and thus, the seized knife could have been brought by Ms. Knox in Via della Pergola for domestic use, in occasion of convivial meetings or other events, and therefore be used by Ms. Kercher.

What is certain is, that on the knife no blood traces were found, a lack which cannot be referred to an accurate cleaning. As was accurately pointed out by the defence attorneys, the knife had traces of starch, a sign of ordinary home use and of a washing anything but accurate. Not only, but starch is, notoriously, a substance with remarkable absorbing property, thus it is very likely that in the event of a stabbing, blood elements would be retained by it.

It is completely implausible the accusative assumption on the point, that the young woman would be used to carrying the bulky item with her for a self-defence purpose, using ““ it is said ““ the large bag she had for that purpose.  It wouldn’t be actually understandable why the woman, if warned by her boyfriend to pay attention during her night time movements, was not in possession of one of the small pocket knives surely owned by Sollecito, who apparently had the hobby of that kind of weapon and was a collector of a number of them.

Finally, the matching with the current appellant woman of the footprints found in the place location of the murder is far from being certain.             

9.4.2 Also the evidential picture about Mr. Sollecito, emerging from the impugned verdict, appears marked by intrinsic and irreducible contradictions. His presence on the murder scene, and specifically inside the room where the murder was committed, is linked to only the biological trace found on the bra fastener hook (item 165/b), the attribution of which, however, cannot have any certainty, since such trace is insusceptible of a second amplification, given its scarce amount, for that it is ““ as we said ““ an element lacking of circumstantial evidentiary value.

There remains anyway the strong suspicion that he was actually in the Via della Pergola house the night of the murder, in a moment that, however, it was impossible to determine. On the other hand, since the presence of Ms. Knox inside the house is sure, it is hardly credible that he was not with her. 

And even following one of the versions released by the woman, that is the one in accord to which, returning home in the morning of November 2. after a night spent at her boyfriend’s place, she reports of having immediately noticed that something strange had happened (open door, blood traces everywhere); or even the other one, that she reports in her memorial, in accord to which she was present in the house at the time of the murder, but in a different room, not the one in which the violent aggression on Ms. Kercher was being committed, it is very strange that she did not call her boyfriend, since there is no record about a phone call from her, based on the phone records within the file. Even more if we consider that having being in Italy for a short time, she would be presumably uninformed about what to do in such emergency cases, therefore the first and maybe only person whom she could ask for help would have been her boyfriend himself, who lived only a few hundred meters away from her house. Not doing this signifies Sollecito was with her, unaffected, obviously, the procedural relevance of his mere presence in that house, in the absence of certain proof of his causal contribution to the murderous action. 

The defensive argument extending the computer interaction up to the visualization of a cartoon, downloaded from the internet, in a time that they claim compatible with the time of death of Ms. Kercher, is certainly not sufficient to dispel such strong suspicions. In fact, even following the reconstruction claimed by the defence and even if we assume as certain that the interaction was by Mr. Sollecito himself and that he watched the whole clip, still the time of ending of his computer activity wouldn’t be incompatible with his subsequent presence in Ms. Kercher’s house, given the short distance between the two houses, walkable in about ten [sic] minutes.

An element of strong suspicion, also, derives from his confirmation, during spontaneous declarations, the alibi presented by Ms. Knox about the presence of both inside the house of the current appellant the night of the murder,  a theory that is denied by the statements of Curatolo, who declared of having witnessed the two together from 21:30 until 24:00 in piazza Grimana; and by Quintavalle on the presence of a young woman, later identified as Ms. Knox, when he opened his store in the morning of November 2. But as it was previously noted, such witness statements appeared to have strong margins of ambiguity and approximation, so that could not reasonably constitute the foundation of any certainty, besides the problematic judgement of reliability expressed by the lower [a quo] judge.

An umpteenth element of suspicion is the basic failure of the alibi linked to other, claimed human interactions in the computer of his belongings, albeit if we can’t talk about false alibi, since it’s more appropriate to speak about unsuccessful alibi. 

Finally, no certainty could be reached [was acquired] about the attribution to Mr. Sollecito of the footprints found in the via della Pergola house, about which the technical reports carried out have not gone beyond a judgement of “probable identity”, and not of certainty (p. 260/1).

9.4.3. It is simply the case to observe, that the declaration of the lacking of a probative framework, coherent and sufficient to support the accusatory hypothesis regarding the more serious case of the homicide, reverberates on the residual, accessory charges referred in point d) (theft of the phones) and e) (simulation of crime).

From Chapter 10

10. The intrinsic contradiction of probative elements emerging from the text of the appealed sentence, undermines in nuce the connecting tissue of the same sentence, causing the annulment of it.

And in fact, when facing a picture marked by such contradiction, the appeal judge was not supposed to issue a conviction but rather ““ as we observed above ““ they were compelled to issue a ruling of acquittal with reference to art. 530 paragraph 2 of penal procedure code. 

At this point the last question remains, about the annulment formula ““ that is, whether it should be annulled with remand or without remand. The solving of such question is obviously related to the objective possibility of further tests, which could resolve the aspects of uncertainty, maybe through new technical investigations. 

The answer is certainly negative, because the biological traces on the items relevant to the investigation are of scarce entity, as such they can’t undergo amplification, and thus they won’t render answers of absolute reliability, neither in terms of identity nor in terms of compatibility.

The computers belonging to Amanda Knox and to Ms. Kercher, which maybe could have provided information useful to the investigation, were, incredibly, burned by hazardous operations by investigators, which caused electric shock following a probable error of power source; and they can’t render any further information anymore, since it’s an irreversible damage. [Ed: unproven how damage occurred, all records were recovered.]

The set of court testimonies is exhaustive, given the accuracy and completeness of the evidentiary trial phase, which had re-openings both times in the instances of appeal [rinvio; sic].

Mr. Guede, who was sure a co-participant to the murder, has always refused to cooperate, and for the already stated reasons he can’t be compelled to testify.

The technical tests requested by the defence cannot grant any contribution of clarity, not only because a long time has passed, but also because they regard aspects of problematic examination (such as the possibility of selective cleaning) or of manifest irrelevance (technical analysis on Sollecito’s computer) given that is was possible, as said, for him to go to Kercher’s house whatever the length of his interaction with the computer (even if one concedes that such interaction exists), or they are manifestly unnecessary, given that some unexceptionable technical analysis carried out are exhaustive (such are for example the cadaver inspection and the following medico-legal examinations).   

Following the considerations above, it is obvious that a remand [rinvio] would be useless, hence the declaration of annulment without remand, based on art. 620 L) of the procedure code, thus we apply an acquittal [proscioglimento *] formula [see note just below] of dropping of charges which a further judge on remand would be anyway compelled to apply, to abide to the principles of law established in this current sentence.

[Translator’s note:  Under the Italian Procedure Code, the Italian word for “acquittal” is actually “assoluzione”; while the term “proscioglimento” instead, actually refers only to non-definitive preliminary judgements during the investigation phase, and it could be translated as “dropping of charges”. When applied to the investigation phase “proscioglimento” is normally meant as a not-binding decision, not subjected to double jeopardy, since it is not considered a judgement nor a court’s decision.]

The annulment of the verdict of conviction of Ms. Knox as for the crime written at letter A), implies the ruling out of the aggravation of teleological nexus as for the art. 61 par. 2 Penal Code. The ruling out of such aggravating circumstance makes it necessary to re-determine the penalty, which is to be quantified in the same length established by the Court of Appeals of Perugia, about the adequacy of which large and sufficient justification was given, based on determination parameters which are to be subscribed to entirely.

It is just worth to note that the outcome of the judgement allows to deem as absorbed, or implicitly ruled out, any other objection, deduction or request by the defences, while any other argumentative aspect among those not examined, should be deemed manifestly inadmissible since it obviously belongs to the merit.



3. Wrong Translation Circulated By Amanda Knox

This version was garbled apparently to try to show innocence.  (It is a crime to deliberately garble Italian legal documents.)


Above: wrong Knox version. Correct translation again:

4.3.1 As for the first question, the use of the [Guede’s] definitive verdict in the current judgement,  for any possible implication, is unexceptionable , since it abides with the provision of art. 238 bis of Penal Code [sic]. Based on such provision “(”¦) the verdicts [p. 26] that have become irrevocable can be accepted [acquired] by courts as pieces of evidence of facts that were ascertained within them and evaluated based on articles 187 and 192 par 3”.


Above: wrong Knox version. Correct translation again:

9.4.1 Given this, we now note, with respect to Amanda Knox, that her presence inside the house, the location of the murder, is a proven fact in the trial, in accord with her own admissions, also contained in the memoriale with her signature, in the part where she tells that, as she was in the kitchen, while the young English woman had retired inside the room of same Ms. Kercher together with another person for a sexual intercourse, she heard a harrowing scream from her friend, so piercing and unbearable that she let herself down squatting on the floor, covering her ears tight with her hands in order not to hear more of it.

About this, the judgment of reliability expressed by the lower [a quo] judge [Nencini, ed.] with reference to this part of the suspect’s narrative, [and] about the plausible implication from the fact herself was the first person mentioning for the first time [46] a possible sexual motive for the murder, at the time when the detectives still did not have the results from the cadaver examination, nor the autopsy report, nor the witnesses’ information, which was collected only subsequently, about the victim’s terrible scream and about the time when it was heard (witnesses Nara Capezzali, Antonella Monacchia and others), is certainly to be subscribed to.


Tuesday, June 16, 2015

Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #4

Posted by Cardiol MD




1. SERIES OVERVIEW

This post continues a response to the March 27th, 2015 announcement of Cassation’s Fifth Chamber that it had decided that Amanda Knox and Raffaele Sollecito were Not Guilty of the November 2007 Murder in Perugia of Meredith Kercher.

The Fifth Chamber’s Reporting Judge Antonio Paolo Bruno, was reported to have said that the trials had “not many certainties beyond the girl’s death and one definitely convicted”.

In fact Judge Bruno was wrong.

Post #1 and Post #2 and Post #3 reported dozens of Certainties contained in “the trials”.

As previously noted, the Existence, Timings, Durations, and General-Locations of all the telephone calls are a very fertile source of Certains, or Certainly-Nots. This is because civil telephone time-keeping all over the Earth’s surface, including in Italy, the U.S. and the U.K, use, and specifically did use in November 2007’s Perugia, the Coordinated Universal Time Protocol (CUT).

Coordinated time-keeping assures that the time assigned to a telephone event is accurate and very precise, independent of where it occurs.  It’s almost as if these November, 2007’s Perugia “˜phone users were wearing criminal-offender’s ankle bracelets. CUT records enable decisive challenge to the credibility of a false witness (impeachment).

(Uncoordinated Time-keeping could have resulted in wrong times being assigned to a telephone event)

2. MORE SUCH CERTAINTIES


(A) SOLLECITO’S PHONE

43. IT IS CERTAIN THAT SOLLECITO’S PHONE WAS EITHER AFFIRMATIVELY SWITCHED-ON, OR HAD-BEEN-MOVED, AT 6:02:59 AM, 2 NOVEMBER 2007

Therefore, contrary to the Defense “reasoning”, cited below, there is Certain proof that Sollecito’s phone was switched on or had been moved at 6:02:59 am on 2 November 2007, and that Sollecito &/or Knox were awake at that time, contrary to their assertions, which are Certainly false:

Nencini Page 158:

“If in fact one can agree with the Defense reasoning by which there is no certain proof that at 6:02:59 am on 2 November 2007 Raffaele Sollecito’s phone was switched on (by himself or by Amanda Marie Knox, the only two present in the apartment) allowing [142] reception of the SMS sent to him by his father a good six hours earlier, the only logical alternative is that someone obviously moved the phone inside the apartment from the location in which it was positioned, and where it was not receiving the “signal”, to a different location in the apartment, where the “signal” was received.What matters, and what the Court finds proved, is that at 6:02:59 am on 2 November 2007 in the apartment at 130 Via Garibaldi, they were not in fact asleep, as the defendants claim, but rather the occupants were well awake, so much as to switch on or move the phones.”

More in this case:

(B) WITNESS ANTONIO CURATOLO

Antonio Curatolo had testified at the Massei Trial that he had seen Amanda Marie Knox and Raffaele Sollecito, from 9:30pm to around midnight of 1 November 2007 in Piazza Grimana”

However, the Hellmann Court of Appeal’s motivazione had rejected the reliability of Curatolo’s Testimony.

The SCC Panel, Annulling the Hellmann Court of Appeal’s motivazione had, in turn rejected and annulled Hellman’s Analysis of Curatolo’s Testimony, stating on pp 67-69:

“The Hellmann Court of Appeal rejected the reliability of the testimony of Antonio Curatolo which, in the reconstruction of the First Instance Court, had been taken as a basis of proof that the negative alibi offered by the two accused was false,  and which constituted one of the tesserae of the mosaic which led to their being held to have been present at the scene of the crime.  Incidentally,  it is worth recalling that the First Instance Court held, via reasoning that was correct from both a legal and logical point of view, that the false alibi must be considered as evidence against [the accused],  to be placed in relation to the other elements of proof in the context of the entire body of evidence.

This method of analysing the testimony, as observed by the Prosecutor General submitting the appeal,  is absolutely subject to censure in that it displays a lack of the prerequisite thorough examination of the facts and circumstances,  so that the conclusion that was reached [by the Hellman Court of Appeal] ““ that in indicating the two accused students as having been present in Piazza Grimana, he confused the evening of 31 October and the evening of 1 November ““ clashes with ascertained facts that seriously contradict such an absolutely certain assumption,  so as to shed full light on the well”foundedness of the charge that the justifying discourse is contradictory and thus manifestly lacking in logic (it was in fact proven by other facts that on the evening of 31 October that neither Knox nor Sollecito,  who were both occupied,  the former at Lumumba’s pub where she was preparing for the normal activity associated with the Halloween festival,  the latter at a graduation party,  could have been present in Piazza Grimana at around 11 PM).

The assertion that the sighting of the two young people by the witness should be shifted to 31 October (page 50 of the sentencing report)  because the context described was more suitable to that day than the next day,  since [the latter]  did precede the arrival of the Scientific Police but [50] [was] taken out of context,  is a manifestly illogical assertion, not only because it contradicts facts which unequivocally demonstrate that the two were not in the piazza on the evening of 31 October (a fact of fundamental importance in the context of the evaluations) and thus the impossibility of squaring the circle in the sense proposed, but also because it follows an utterly weak inferential rule.

Starting from the need to undo the knot of contradiction presented by the testimony (he saw the two young people the evening before the investigation of the Scientific Police and he saw them in the context of the Halloween festival),  the Hellmann Court of Appeal,  after having heard the witness testify a second time and after having verified that he erroneously placed Halloween on the night of 1”2 November, they heard the witness reiterate that his temporal placement of the fact was anchored to the described presence of people who were all dressed in white and that, after midday on the day after he saw the two young people, he caught sight of the men in white in via della Pergola (a fact with a very high level of certainty, more than any other) together with the police: this notwithstanding, the Court reached the conclusion that his testimony could not be accepted due to the man’s deteriorating intellectual faculties and due to his lifestyle, since he was a detainee for drug dealing when he testified the second time and was a habitual heroin user.

Once again,  the progression of the argument emerges as obviously illogical,  in that the evaluation of the testimony should have been correlated (regardless of the conclusions, this being a discussion of evaluation methods)  to the unique objective fact of absolute reliability (the presence of individuals wearing the white suits, the day after the sighting of the two in the piazza, at a time earlier than 11 PM”midnight) because that is a fact whose existence is certain, which was a unique identifying circumstance, which could not but remain imprinted on the mind more than any other; while instead, once again, character issues were considered and asserted, furthermore, without any scientific examination that could ascertain whether the man’s intellectual faculties had deteriorated.  Moreover, Curatolo showed up when called upon to testify,  in both the first and second instance trials and, even well after the fact, he never had any difficulty recognizing the two accused as those whom he had seen in Piazza Grimana the evening before he noticed the men dressed in white (whom he called “extra”terrestrials”) and the police in via della Pergola.

The fact that he had been a homeless man who spent all day in the piazza was not a reason for dismissing him as an unreliable witness out of hand, at the cost of colliding with the accepted principles on the matter of the reliability of testimony.  In conclusion,  [51]  a contribution [that was]  expressed with certainty and noted in the trial transcripts of the witness, and again during his second testimony (“as certain as I’m sitting here” he said of having seen the two accused the evening before the day in which he saw the men in white suits and the police), cannot be circumvented by merely referring to the character of the author of the contribution; this would have required a process of evaluation through facts with equally strong probative evidence.

Moreover,  the opinion must be annulled and remanded, since the explanations of the reliability of the witness Curatolo are incomplete (as they did not take into consideration the facts that contradicted the conclusion reached by the Court), vitiated by an incorrect application of the laws governing the matter. The “˜precise and serious’ nature of the evidence provided by the testimony was dismissed in the [Appeal] opinion without testing its concordance with other evidence, on the basis of a conjecture (that the witness superimposed the evening of 31 October onto that of 1 November) that was not even confronted with the facts contradicting its conclusions”

In summary, this SCC Panel ruled that Hellmann’s Motivazione “must be annulled and remanded” because it ignored facts contradicting Hellmann’s conclusion, and incorrectly applied “the laws governing the matter”, “without testing its concordance with other evidence”, not even confronting Curatolo “with the facts contradicting (Hellmann’s) conclusions”.

Therefore:

44. IT IS CERTAIN THAT CURATOLO WAS PRESENT IN PIAZZA GRIMANA ON THE EVENING OF NOV. 1st, 2007
45.  IT IS CERTAIN THAT CURATOLO TESTIFIED THAT HE SAW MEN IN WHITE SUITS, AND POLICE PRESENT IN PIAZZA GRIMANA ON THE MORNING AFTER HIS SIGHTING OF AMANDA KNOX AND RAFFAELE SOLLECITO IN PIAZZA GRIMANI.


3. AND MORE BEYOND REASONABLE DOUBTS


(A) WITNESS ANTONIO CURATOLO

The SCC Chamber’s reasons, given above, for Annulling And Remanding Hellmann’s conclusions re Curatelo’s misremembering the Date, in spite of his specifically remembering that it was the evening before he saw the Official Commotions relating to Meredith’s murder, justify the Conclusion that:

8. IT IS BEYOND REASONABLE DOUBT THAT CURATOLO SAW AMANDA KNOX AND RAFFAELE SOLLECITO IN PIAZZA GRIMANA ON THE EVENING OF NOV.1st, 2007 ON MULTIPLE OCCASIONS. A FEW YARDS FROM THE COTTAGE AT NO. 7, VIA DELLA PERGOLA, WHERE, IN THE SAME SPAN OF TIME, THE MURDER TOOK PLACE.


WITNESS MARCO QUINTAVALLE

Nencini p 156:

“Amanda Marie Knox went to Marco Quintavalle’s Conad shop around 7:45am on 2 November 2007, obviously in search of something to buy that she could not find. She was noticed by Mr. Quintavalle who, at the trial, identified her with certainty in the courtroom. So we are able to affirm that Amanda Marie Knox was lying when she claimed to have slept at Mr. Sollecito’s house in his company until 10am in the morning on 2 November 2007.

Having already been proven false by witness testimony, the alibi given by the accused is also proven false by comparing it with objective data, which tallies with the witness testimony referred to above.”

SCC. Annulling H/Z p 50

“In this case,  [the Defence argues that]  a re”evaluation of the witness is not allowed,  given that his testimony was correctly examined by the Hellmann Court of Appeal,  knowing the lapse of time after which he offered his contribution to investigators. The witness’s statements were,  for the rest,  compared with those of his co”workers, who referred to the doubts expressed by Quintavalle on the exactitude of his identification. There is therefore no lack of logic in the reasoning,  since the lack of logic must be manifestly perceived,  whereas minimal inconsistencies must have no influence”

SCC ANNULLING H/Z p 70-71

“In reality,  the notice taken of the witness’s statements, as pointed out by the Prosecutor General, is absolutely biased, since the sighting out of the corner of the eye referred to the girl’s exit from the shop, whereas the witness specified having seen her at a close distance (between 70”80 centimetres), adding that she remained imprinted on his mind “because of her very light blue eyes”,  her “extremely pale face”,  and “a very tired expression”.

Moreover,  the witness clarified in his testimony that he became convinced that the girl who appeared in the newspapers was the one he saw in the early morning of 2 November 2007, given that the colour of her eyes could not be ascertained from the photo, but that he became certain once that he saw the girl in the courtroom. The selection made from the pool of information was absolutely one”sided, which distorted the evidence to the point of making it appear uncertain, whereas the witness explained the reasons for his perplexity and the development of his conviction in terms of certainty.

As noted by the Prosecutor General in the appeal documents filed,  this portion of the report assumed relevance within the framework of the reconstruction and required an explanation based on an examination of the entire testimony; instead, through a process of unacceptable selection, only some of the testimony was considered to be of value, indeed, only that portion considered to be consistent with a [specific] conclusion, one that in fact required rigorous demonstration.

The result,  once again,  is blatantly and manifestly illogical. What is at issue is not a re”evaluation of the evidence ““  which is obviously prohibited by this Court, as the Defence for the accused has justly pointed out ““ but rather the need to point out a glaringly evident flaw that consists of an intolerable chasm between what is stated by the witness and what is acknowledged in the justifying arguments, on a point of significant importance, since it concerns the foundation of the alibi.

On this point also, the new judgment will have to be conducted in light of the preceding observations.”

Given the above:

9. IT IS BEYOND REASONABLE DOUBT THAT MARCO QUINTAVALLE SAW AMANDA KNOX IN HIS CONAD SHOP AT AROUND 7:45 am ON 2 NOVEMBER 2007.

Amanda Marie Knox was lying when she claimed to have slept at Mr. Sollecito’s house in his company until 10am in the morning on 2 November 2007.

To be continued, though we may need to wait until the end of June 2015 when SCC’s Motivazione is due.

Thursday, April 30, 2015

Those Pesky Certainties Cassation’s Fifth Chamber May Or May Not Convincingly Contend With #2

Posted by Cardiol MD



The Italian Supreme Court is in the background

1. This Series’ Ominous Context

On Friday, 27th March, 2015 a Panel of five Court of Cassation judges of the Fifth Criminal Chamber of the Supreme Court in Rome, found Amanda Knox, and Raffaelle Sollecito, Not Guilty of the Murder of Meredith Kercher.

The President Judge of the Fifth Criminal Chamber of this Supreme Court Panel is Gennaro Marasca, The Prosecutor General is Mario Pinelli, and the Reporting Judge for the Meredith Panel is Antonio Paolo Bruno.

Near the start of the above SCC hearings Judge Bruno was quoted as having said that the trials had “not many certainties beyond the girl’s death and one definitely convicted.”

We consider that to be flat-out wrong. Absurd in fact, as the hapless Hellmann & Zanetti could testify. So do numerous professionals well-briefed on the case in Italy. We expect soon articles in Italian similar to this one.

In fact if the forthcoming Marasca Sentencing Report attempts to brush the numerous real factual certainties under the table there is a near-certainty that the perverse verdict can be overturned by way of a lawsuit or a petition to the President of the Italian Republic. 

Post #1 of 10 April described some 26 of the factual headaches facing the SCC under the strict Italian Legal Requirements for classification of Evidence as Circumstantial-Evidence.

The fact that the trials actually had very many certainties was demonstrated in Post #1, and continues in this Post.

2. Note On Circumstantial Evidence

Defendants typically trivialize Circumstantial-Evidence as “Only Circumstantial-Evidence”.

Actually, Circumstantial-Evidence is often the most potent evidence leading Finders-of-Fact to their Verdict. This is even more true in Italian Law because its Circumstantial-Evidence classification-requirement provides that an evidentiary circumstance or fact must be true to the level of being a Certainty. Therefore, for example, the unverifiable RS/AK broken water-pipe story can not be classified as Circumstantial Evidence and cannot legally be admitted as Evidence at all.

Continuing the review of the Massei Motivazione, the Nencini Motivazione, and the several past SCC rulings, demonstrating the large number of Certainties:

3. Certainties 27 To 30

27. THE SIMULATED BURGLARY

:

This Subject has already been commented-upon in Pesky #1, under the Heading “13. Crimescene Meddling?”:
“Having accomplished the Phone-Dump, Meredith’s killers next re-model the crime-scene, minimising the evidences of their identities, cleaning-up the evidences that it was “˜an inside job’, and simulating the appearances that it was “˜an outside job’.”

According to the Massei Summary, Part 3:

“8. The staged break-in

The Massei Report examined the evidence surrounding the broken window and disarray in Filomena Romanelli’s bedroom in order to determine whether a real break-in had occurred or the appearance of one had been staged….....

The court concluded that the disorder in Romanelli’s room and the breaking of the window pane constituted an artificial representation created in order to misdirect the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.”

So Massei, having carefully analysed all the Evidence, and the Arguments on both sides Concluded that there was No Burglary at all, and that Meredith’s killers had deliberately created the appearance of a Burglary, in order to misdirect the Investigators of Meredith’s death.

According to the Hellmann-Annulling SCC Panel wrt the Simulated Burglary:

Page 56:

“The compartmentalisation of the single pieces of evidence thus weakened their value and their depth, since a piecemeal evaluation of their relationship and of the required synthesis inevitably followed, ignoring the increase in value that the pieces of the mosaic of circumstantial evidence assume when synergistically evaluated.”

The Panel begins its justification for Annulling Hellmann/Zanetti.

The Hellmann-Annulling SCC Panel Page 66:

“.....the simulation of the burglary should have been evaluated in light of the investigative data collected immediately after the event,  such as Rudy’s shoeprints (along the path of his flight)  and the traces of the victim’s blood detected in many spots in the bathroom used by Ms Knox and [49] Ms Kercher, surely carried there by third parties present in the house after the murder.”

The Panel takes-for-granted that the “Burglary” was Simulated by the Perps, and focuses on its improper evaluation by H/Z.

The Hellmann-Annulling SCC Panel Page 82-83:

“The Hellmann Court of Appeal preferred ““ in full agreement with the defence pleadings ““  to favour the information the unreliable Rudy Guede had conveyed in his chat with his friend Benedetti, i.e., that he was in via della Pergola around 9.00/9.30 PM on the first of November 2007;  this information was correlated with the victim’s telephone records which registered:

a)  an unanswered call at 8.56 PM
b)  the dialling of the number 901, corresponding to an answering service at 9.58 PM, immediately after which the call was blocked
c)  at 10.00 PM the dialling of the first number in the list of phone numbers for the Abbey bank, without however the dialling of the required dialling code
d) at 10.13 PM a GRPS connection of the length of nine seconds, most probably linkedto a multimedia message, without the necessity of human interaction.

On the basis of these facts, the Hellmann Court reached the conclusion that Miss Kercher had not called her family again in the period of time between 8.56 and 11.00 PM,  since shortly after the first attempt an unexpected event may have occurred, such as for example the attack,  and the dialling of the number at 10.00 PM could have been done [61]  by another person, who was not familiar with that mobile phone, while attempting to silence it, a fact which would place the time of death at before 10.13 PM.

The reconstructive path is permeated with factual deductions deriving from a series of conjectures and baseless suppositions, without any reliable, demonstrative basis,  in spite of [other]  findings of significant value which conflict with those [deductions] and have a greater probative value,  which were reduced in their importance on the basis of an unsatisfactory reasoning,  which stands out because multiple passages contradict other passages of the statement of reasons, and because of manifest illogicality which must be rightfully censured in this venue. “

The Panel implicitly includes H/Z’s failure to recognize the “Burglary"as simulated, as part of its “unsatisfactory” and improperly “baseless” reasoning.

NENCINI Page 175:

“In the cottage at 7 Via Della Pergola, on the day of 2 November 2007, in the early hours of the day and up until approximately 12.00 pm, nobody had a shower, just as no burglar had gottenin through the window of Filomena Romanelli’s room; more simply the totality of the circumstantial evidence examined to this point gives us a plain picture of how the defendants put into action a clean-up of the traces of the murder committed and activity to “derail” the investigations that involved a series of actions, a number of which are still to be described.”

So, having stated at length “the totality of the circumstantial evidence examined” Nencini concludes, that the defendants (Knox and Sollecito) had faked the “Burglary” and,

Nencini Page 335:

“...we exclude, for the reasons already expressed, that the murder was committed by a burglar caught in the act of entering the flat after breaking Filomena Romanelli’s window…”

The Nencini Appellate Court Judges, presumably recognise that their conclusion Knox and Sollecito had faked a burglary didnot implicitly exclude the co-existence of a real burglar.

So now they explicitly “exclude” the conclusion that the murder was committed by any burglar.

What will the Marasca Panel make of that?

28: THE SCREAM

Amanda Knox is herself the very first person to refer to the Scream, in her voluntarily insistent Written-Note of November 6th, 2007.

This allegation is generally accepted to be so factually Certain that its factual existence has never been plausibly disputed.

Massei Pages 98-99:

“.....it can thus be held that, in fact, towards 23:30 pm on November 1, 2007 there was a loud, long scream from a woman which came from [91] the house at 7 Via della Pergola.
After this scream, Nara Capezzali heard running on the metal stairs located below her residence in the S. Antonio car park towards the section used as the exit for the cars, and straight afterwards she heard running on the path situated in front of the house in Via della Pergola.

The harrowing scream heard a little before must have caused a strong agitation in Mrs. Capezzali, who was rendered particularly sensitive and attentive to what might happen and who knows the area; therefore, it is to be held that she referred to noises on the metal steps and on the path because there actually were such noises and she was able to hear them.

Furthermore, the deposition of the witness Dramis, who referred to “šrunning steps”› heard about 23:30 pm on that same November 1st in Via del Melo, which is very close, almost a continuation of the path of the houseIp in Via della Pergola, could constitute some confirmation of this.

The running on the path in front of the house at 7 Via della Pergola shortly after the heart-rending scream leads this Court to hold that the heart-rending scream came from the house at 7 Via della Pergola; likewise, whoever’s running steps were heard on the metal steps and whoever’s running steps were heard a little later on the gravel path and leaves in front of the house at 7 Via della Pergola lead the Court to hold that more than one person came out of that house.”

So Massei “held” as a specific “fact” that the scream, came from the 7 Via Della Pergola cottage, rented by Meredith Kercher and Amanda Knox, among others, at about 23:30 pm on November 1st, 2007.

However, Hellmann/Zanettii, and the miscellaneous FOA systematically trivialized the Scream, e.g.: the Police made AK invent it; the Police suggested it to AK; the Police tricked AK into writing it down; there are so many Screams-in-the-Perugia-Night that the scream the Witnesses testified to having heard was not Meredith’s Scream; the scream the Witnesses testified to having heard was at some other time; and Meredith’s Scream was at yet another time. So-many imagined doubts were marshaled that Hellmann/Zanettii argued that there was too much Reasonable Doubt.

The Hellmann-Annulling SCC Panel Page 86:

“Before concordant pieces of data convergent towards a time necessarily later than the one established by the court, back to which the heart”rending scream of the unfortunate Meredith needs to be tracked, the appeals court preferred to draw the threads from Guede’s presentation of facts, [which he] delivered in a context outside the court, and anyway absolutely false (given that the accused declared himself to be uninvolved in the murder).

The conclusions drawn appear even more jarring if one only considers that the heart”rending scream was mentioned even by Amanda herself in her handwritten letter when the fact was not yet in the public domain. Not only this, but the reconstruction made by the Hellmann Court of Appeal is not even in line with the relevant post-mortem findings, which indicated a time of death range from 6.50 PM to 4.50 AM on 2 November, thus at a time around 11.00 to 11.30 PM according to the calculated average, so as the First Instance Court had argued, with greater adherence to the available evidence.

Thus, the statement of reasons suffers from a grave lack of logic and from inconsistency with other available evidence also on this point, openly showing an obvious explanatory inadequacy to which the judge of remand will have to bring remedy.”

So this SCC Panel Excoriates Hellmann/Zanetti’s biased and illogical reasoning wrt the scream,  constructively ordering the judge of remand “to bring remedy”.

NENCINI stated on pages 117-118:

“.....from her very first statements, Amanda Marie Knox provides the picture that, at some point during the attack, Meredith was screaming. Indeed, it was only because of the poor girl’s scream [102] that the defendant imagined “what might have happened”. This scream, so excruciating that it caused her to move her hands to her ears to block it out, is introduced in the written statement on the same morning at the offices of the Perugia police. Significantly, this is the scream that was clearly heard by the witnesses Nara Capezzali and Antonella Monacchia. It was so “excruciating” that Nara Capezzali was beside herself, something that she told the First Instance Court hearing on 27 March 2009, having previously only spoken about it to the police, about a year after that night of November 2007.”

Thus does “the judge of remand” bring remedy, expressing no doubt that the scream Knox claims to have imagined “might have happened”, Certainly Did-Happen.

It will be interesting to see Bruno’s take if his SCC Panel submits its Motivazione.

29. THE KNIFE COLLECTED IN SOLLECITO’‘S FLAT

This Knife was mentioned in Post #1, in which the use of at least 2 knives in Meredith’s murder was established.

Massei Page 194:

“Seven samples were taken from the exhibit [reperto] acquired by the Flying Squad of Perugia (i.e, Exhibit [reperto] 36) and consisting of a large knife, 31 centimetres long; on the handle, from the trace indicated as “štrace A”›, the genetic profile of Amanda Knox was found and in a point on the blade, the genetic profile of the victim was found. All of the other samples gave negative results. “

Here, calling this knife Exhibit 36, Massei reports that Meredith’s DNA was found on this knife (In spite of the fact, corroborated by Knox herself, that Meredith had never been in Sollecito’s flat), as well as Knox’s DNA.

Massei Page 264:

“EXHIBIT 36 (THE DOUBLE-DNA KNIFE)

[282] On November 6, 2007, during the search carried out in the apartment in Perugia where Raffaele Sollecito lived, the 31cm-long knife was found.”

Here, Massei refers-back to when and where this knife was found.

Massei Pages 373-375:

“Of Raffaele Sollecito’s habit of carrying a pocket knife, Corrado De Candia also made reference, recalling that the blade of Raffaele Sollecito’s pocket knife had a length around 6-7cm and a width of 1cm or less.

In relation to the preceding (Raffaele Sollecito actively present at the scene of the murder, finding himself behind Meredith, pulling on the bra with violence, finally deciding to cut it), it must be affirmed that Raffaele Sollecito not only found himself at the scene of the murder and pursuing, with violence, the same objective as RudyGuede, but he is there with a well-sharpened knife (dangerous and thus capable of cutting a resistant material, such as that of a bra, [401] especially in the part that was cut, which may be seen in photos 117 and 119 in the second volume of photographic evidence) and having a blade probably around 4cm long, as De Martino and Binetti have referred to (the length of this, 4cm, appears more consonant with the type of pocket knife described, and Raffaele Sollecito’s habit of always carrying a pocket knife attached with a clip to his trousers, and therefore to be considered rather short and manageable, with respect to a blade of 6 or 7 cm, as indicated by Candia).

Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra, while Rudy penetrated the unfortunate victim ““ who had been almost completely stripped naked ““ probably with his fingers because the biological trace on the vaginal swab did not present anything of a spermatic nature.

That the knife used by Raffaele Sollecito on that occasion, according to what has been said, has not been found, is an irrelevant circumstance when it is a case of blade weapons [arma bianca] of easy availability and easy enough to conceal (cf. on this specific point, Cassation 30 June 2004, no 48349).

This progression of violence, from advances to gripping, from which derive the numerous bruises, to ultimately injuring the girl with a knife, finds a possible explanation in the fact that Meredith, it must be held, continued to put up the resistance that she could (there are in fact no signs of yielding, of any acquiescence occurring and, as a matter of fact, the scream that Nara Capezzali and Maria Ilaria

Dramis have declared to having heard confirm this behaviour of the young lady), and, to the end of completely subduing her, even to her will as well, probably, as an angry and almost punitive reaction against a girl continuing in this behaviour, there was the blow inflicted upon the neck producing the 4cm deep wound (corresponding to about the length of the blade described by Binetti and De Martino), a blow that, as observed above, is to be held to have been inflicted with the same pocket knife used to cut off the bra and therefore by the [402] same person who had sliced the bra itself and who had the use of this pocket knife, and this is Raffaele Sollecito.

The very loud scream (as described by Maria Ilaria Dramis) of pain and, at this point, also of terror, made by Meredith and of which it was said, not causing any repentance among the attackers, but the final definitive progression of violence, and while her already-cut bra was being removed (the bra that, coming into contact with the part of the body that had begun to be covered in blood from the wound in the neck, itself became partially stained with blood), the hand of one of the attackers sealed Meredith’s mouth, so that she could not scream again, and another of her attackers struck her again on the neck, but on the left side because, probably, they were on the other side with respect to the person who had inflicted the 4cm deep wound, causing [in their turn] a lesion 8cm deep. Meredith tried to withdraw the part of her body that was once again and more deeply attainted but, held by the hand of whoever was holding her mouth shut and countered by the presence of the one who had caused the 4cm-deep wound, she ended up being driven back towards the knife that still remained in the wound itself, and occasioned a second incision on the epiglottis, as has been seen, almost as if it were [a case of] a second blow being inflicted upon her.

This dynamic requires the presence of a second attacker, of a second knife. This Court holds that the second attacker is Amanda Knox and the second knife is Exhibit 36. The outcome of the genetic investigation with a quantity of DNA indicated as “štoo low”› was placed under censure and doubts about reliability. Equally, the incompatibility of this knife with the wounds suffered by Meredith was affirmed.

On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. The inquiry elements allow, still, further observations.

This knife, which attracted the attention of Inspector Finzi during the search in Raffaele Sollecito’s house such that it was taken, unlike the other knives that were in the same drawer, must have presented itself as different from the others, with [403] its own individuality with respect to the other knives present in the Corso Garibaldi house. The owner of this house, were this knife not to be found in the Corso Garibaldi house, would have been able to remember its presence and note the absence of this utensil, and this circumstance would have been able to constitute a trace, an investigative hypothesis upon which Raffaele Sollecito may have been called in to supply an explanation for. In relation to this, it is to be held that Amanda and Raffaele would have evaluated as opportune to carry the knife back to the house from which it had been removed, considering also that its cleaning (it was in fact found extremely clean, as has been noted) would have ensured the non-traceability of the wounds suffered by Meredith to it itself.”

Massei here explains the sequence of events at the murder-scene, the knives used, who used them, the wounds inflicted, the scream, why there must have been at least one more attacker additional to Guede, and why it is Certain that 2 knives were used, one of which was Exhibit 36, and why the Court concludes the second attacker to be Amanda Knox and the killing-knife to be Exhibit 36.

Massei also discusses the transport, cleaning and return of Exhibit 36 to Sollecito’s rented flat.

The Hellmann-Annulling SCC Panel Pages 88-90:8

“In the course of their investigation,  the appointed experts found a third trace on the blade of the knife taken from Sollecito’s flat (Exhibit 36), apart from the one attributed without objection to Knox and the one attributed with strong objections to the victim, right near the trace from which the DNA attributed to the victim was extracted. This [third]  trace was not submitted for genetic analysis due to a decision made unilaterally by one of the experts, Prof. Vecchiotti, without written authorisation from the Court, which had in fact precisely charged her with the task of attributing the DNA found on the knife and bra clasp,  because the previous traces] were deemed to be of insufficient quantity to yield a reliable result, being low copy number. Her decision was later approved by the [Hellmann Court of Appeal] on the assumption that the [new]  quantity was [also]  too small to permit the two amplifications needed to ensure reliability of the result (page 84 of the [appeal] judgment).

Therefore,  [65]  when the Prosecutor General and the Counsel for the Civil Partiessubmitted a request to complete the analysis on the basis of the scientific explanation provided by Prof. Novelli,  a geneticist of undisputed repute recognized by the [appeal] court itself (page 79 statement of reasons),  regarding the availability of instrumentscapable of reliably analysing quantities even smaller than ten picograms in diagnostic fields (such as embryology) in which the need for certainty is no less important than in thecourts,  the Hellmann Court of Appeal refused on the assumption that the methods mentioned by Prof.  Novelli were “in an experimental phase”  (page 84),  thereby freely interpreting and misrepresenting the testimony of the professor,  who on the contrary mentioned the use of such techniques in diagnostic domains in which the certainty of the Presult is essential.

All in all,  the modus operandi of the Hellmann Court of Appeal which,  unacceptably delegating its own function,  entrusted to the unquestioned evaluation of the expert the decision of whether or not to submit the new trace for analysis, is open to understandable and justified censure, considering that the test requested by the Court should have been done, lying as it did within the scope of the expert’s mission, subject to a discussion of the results if they were not deemed reliable.  In any case,  a member of the panel of experts could not assume responsibility for unilaterally narrowing the scope of the mission, which was to be carried out without hesitation or reservation, in full intellectual honesty, giving a complete account of the possible insufficiency of the material or unreliability of the result.

All the more so as the repeat of the genetic tests was requested in 2011, four years after the initial tests; a lapse of time during which significant progress had been made in the instruments and techniques of analysis, as Prof. Novelli, a consultant to the Prosecutor General, stressed. Precisely on receiving the information from this consultant, who spoke of cutting”edge techniques while under oath ““  the Court fell into another gross misinterpretation, in a significant argument concerning the reliability of the results of the analyses made, by assuming the impossibility of repeating the tests even on traces found at a later time, thereby affecting the logic of the statement of reasons (Section I, 25.6.2007, n. 24667).

The Hellmann Court of Appeal also completely ignored the authoritative points offered by Professor Torricelli,  who shed serious doubt on the fact that a very small quantity was found; she quantified the useful material in the new trace as 120 picograms (hearing of 6 September 2011, page 91 of transcript), which is sufficient to execute a double amplification,  and she opposed the methodology by which Prof. Vecchiotti reached the decision not to proceed, in a report obviously not endorsed by the Prosecutor General and the Civil Parties. The authoritative nature of the observations of the two consultants of the parties [66] would have required that the Court deal with their points, which irremediably conflicted with the assumptions of Prof. Vecchiotti,  whose points could indeed be accepted by the Court,  but only after evaluation of the opposing points, which were of equal scientific value.

It must be concluded that when it rejected the request of the Prosecutor General and of the Counsel to the Civil Parties to complete the expert investigations by analysing the new traces found on the blade of the knife collected in Sollecito’s flat, as initially mandated to the experts “” a request that was supported by more than adequate scientific knowledge “” the Court made a flawed decision, by reason of its failure to comply with the relevant laws which mandate the safeguarding of all parties in their access to evidence (article 190 of the Criminal Procedure Code), especially in an area in which the expert report (as a means of seeking evidence)  was requested by the Defence,  and was arranged,  but was not completed regarding the new trace, even though it demanded a response more than any other.”

The Panel Excoriates both Hellmann, and it’s appointed expert, Prof. Vecchiotti. The latter for not examining Exhibit 36 as ordered-to by Hellmann, and Hellmann for letting Vechiotti get away with her dis-obedience.

Finally the Panel Criticised Hellman for “failure to comply with the relevant laws”.(Referring specifically to “laws which mandate the safeguarding of all parties in their access to evidence”)

Nencini Pages 337-338 :

“The Court believes that the other blade, the one that caused the wound on the left side of the neck from which most of the blood came out and that caused the death of Meredith Kercher was held by Amanda Marie Knox. It is the knife that was seized from the flat of Raffaele Sollecito by the State Police and labeled as Exhibit 36, on which it is now appropriate to make some considerations.The knife with the blade of 31cm was seized by the State Police from Raffaele Sollecito’s flatduring the first search performed there. [321]The State Police officer who physically took it from the cutlery drawer declared in testimonygiven during the First Instance trial that his attention was caught by this knife, and not others in the drawer, as it was much cleaner than the rest of the cutlery, so as to imagine that it had beencarefully and recently washed. This circumstance, which might appear to be an irrelevantpersonal perception, brought important conclusions to the trial. The Scientific Police analyzedBthe knife and found, on the blade, inside a series of streaks almost invisible to the naked eye, themixed DNA of two contributors: Meredith Kercher and Raffaele Sollecito [sic].[see Footnote 28 below]

This evidence, strongly contested by the Defense, was analyzed by this Court in the section related to the genetic analyses and there is no reason to repeat those arguments. Surely it is an attribution that cannot be considered definite evidence, for the reasons reported above related to the failed repetition of the analysis of the trace, but it remains a strong piece of circumstantial evidence of the fact that this weapon is the second one used in the murder of Meredith Kercher.

On the knife there was a second different trace with sufficient DNA for an analysis, carried out by Dr. Patrizia Stefanoni, who attributed this trace to the DNA of Amanda Marie Knox. This attribution was not challenged by the Defense and can be taken as conclusive evidence.

Furthermore, after having ordered in this remand trial an analysis of the trace (I) extracted during the course of the expert analysis performed at the behest of the Judges of the Court of Assizes of Appeal of Perugia, the Carabinieri of R.I.S. [Reparto Investigazioni Scientifiche, Scientific Investigative Unit] of Rome highlighted DNA that could be analyzed and alsoattributed it to Amanda Marie Knox, without any particular challenge.

[Footnote 28:This is certainly an oversight of the Court, as everywhere else in the report they mention the DNA of Meredith Kercher on the streaks, as is widely known. The DNA of Raffaele Sollecito on the knife is never mentioned anywhere else and is not part of the case documentationScientific Investigative Unit of Rome highlighted DNA that could be analyzed and also attributed it to Amanda Marie Knox, without any particular challenge.]

Both traces attributed to Amanda Marie Knox were extracted from the handle of the knife, from the part closer to the blade.

The evaluation of all the elements extracted from the seized knife leads this Court to believe that it is one of the two weapons used in the murder and that it was held by Amanda Marie Knox, who therefore struck Meredith Kercher on the left side of the neck, thus causing the only mortal wound. “

Nencini rebuts the Defence arguments and concludes that Knox stabbed Meredith on the Left side of Meredith’s neck, using Knife Exhibit 36, causing Meredith’s death.

Nencini Page 339:

“...Whoever struck Meredith Kercher on the left side of the neck with a stab that penetrated 8cm (the entire length of the cut) caused violent and abundant bleeding, as shown by the quantity of blood that came out and the splashes of blood on the furniture, so as to hide completely the surface of entry of the blade, thus making [323] impossible the reintroduction of the weapon in the same cut where it was introduced with the first blow.

It must be stated therefore that whoever struck Meredith Kercher on the left side of her neck did so only once, causing a devastating wound from which, pushed by arterial pressure, a great gush of blood came out, as shown by the splashes of blood on the furniture near the spot where the young woman was struck.

Thus, it must be concluded that the weapon seized is not incompatible with the wound on the left side of Meredith Kercher’s neck, certainly a mortal wound, and that the finding of Meredith Kercher’s DNA on the blade of the knife is evidence fully compatible both with the nature of the weapon and with its use.”

Nencini summarizes-finally its conclusions, rejecting Defence arguments that the Knife, Exhibit 36, is “incompatible” with the wound on the left side of Meredith Kercher’s neck, but is certainly “fully compatible both with the nature of the weapon and with its use.”

Here is the Wiki Site opinion:

“Conclusion

Given there is no doubt that the profile discovered on the knife is Meredith Kercher’s profile and that both contamination and secondary transfer have been excluded the only possible conclusion is that the DNA got on the knife because it was used in the murder of Meredith. That Sollecito would so quickly fabricate a lie to explain why Meredith’s DNA would have been expected on the knife rather than protest that it is impossible just adds support to a position that needs no support. Sollecito’s knife was used to kill Meredith.”

30. THE ANALYSIS OF FOOTPRINTS AND OTHER TRACES

[Note the difference between Footprints/Soleprints and Shoeprints; this difference is crucial]

Micheli post-trial interview 2008, according to the Guardian:

“while footprints there might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.”

Excellent example of how Facts may not indicate “Who?”, but Do indicate, with Certainty, “How Many” (“more than one”)°

Massei Pages 352-353 :

“Professor Vinci stressed the value of some particularly individualising details of the right foot of Raffaele Sollecito, revealed by the said examination, consisting of: the fact that his second toe does not touch the ground (the so-called “hammer” position of the distal phalange) connected to a slight case of valgus on the right big toe, and the fact that the distal phalange of the big toe also does not touch the ground, (meaning that there is a distinct separation between the print of the ball of the foot and the print of the big toe in the footprint of the accused). Given these two features which make Sollecito’s foot morphologically distinctive, Professor Vinci’s study basically arrives at the assertion that, while the second toe of Raffaele Sollecito’s right foot is entirely absent from the footprints known to be made by him, on the contrary the footprint on the bathmat does contain the imprint of the second toe. [378] Professor Vinci reached these conclusions based on a close examination of the weave of the bathmat, and also by varying the colours of the footprint, as shown in the photograph album of the Scientific Police, so that via the use of different filtres it could be viewed in black and white or in a more intense red colour which emphasised the traces of blood.

A morphological examination of the footprint alone led the professor to consider it as irreconcilable, due to its general shape and size, with the footprint taken directly from Sollecito’s right foot. Indeed, the consultant hypothesised that the measurement calculated by the Scientific Police of the width of the big toe of the bathmat footprint was to be reconsidered: he rejected the measurement of about 30mm in favour of a much smaller measurement of 24.8mm, which he obtained by detaching a mark of haematic substance which he did not consider to be a mark from the surface of the big toe, but from a separate body, namely the imprint of the second toe, which is totally absent from the print taken from Sollecito’s right foot.”

In standard English-Language medical terminology, Sollecito’s Right Foot has a distinctive “Hammer Toe”.

It is certain that None of the other suspects have this abnormality.

This Fact is key to the Certainty that Sollecito was barefoot-at-the-crime-scene!


Note missing 2nd toe-print on Sollecito’s Right Footprint:

The Hellmann-Annulling SCC Panel Page 96-98:

“13 ““ Analysis of footprints and other traces

The criticisms expressed on the subject of the obvious lack of logic of the reasoning Oconcerning the evaluation of the genetic evidence are well”founded.

The [appeal]  court evaluated two technical consultancies on the footprint in the victim’s blood left by a bare foot on the bathmat of the small bathroom of the flat where the crime was committed, with [identification] capacity limited to negative comparisons. As a matter of evaluation,  this in itself is not subject to censure, however the court of second degree has again fallen into [the error of making] a statement in open contradiction with the available evidence, ending by attributing the contested footprint to Guede, by making an assumption contrary to all the evidence that “after having left a print on the pillow”, he slipped out of his right shoe “in the course of the violent aggressive manoeuvres to which he subjected Ms Kercher” and stained his foot with blood, which he supposedly then washed in the small bathroom, since if it had not happened this way, his right shoe would have also left some bloody traces in the corridor (compare page 100 of the statement of reasons).

Not only is this assumption deeply implausible, considering that the print left by Guede on the pillow was made by his hand, which is easily explained by the dynamics of the event, but it is much harder to explain how he might have lost his Adidas sneaker, given a situation in which Guede, jointly with others, as stated in the verdict that convicted him, overpowered the young Englishwoman so as to immobilise her. Not only that, but the above assumption also clashes with the available evidence regarding the bloody shoe prints which indicate that he left the room where the crime was committed to proceed directly to the exit door of the flat.The fact that only the left shoe was stained does not that his right foot was unshod, since at most it proves that only his right (sic) shoe signify stepped in the pool of blood which formed due to the numerous wounds inflicted on the unfortunate victim, very probably with two knives.

Just as deficient is the logic adopted in a further step of the statement of reasons, relating to the discovery of the presence of traces revealed by luminol (not visible to the naked eye), which yielded Knox’s profile and the mixed profiles of Knox and Kercher, found in Romanelliʹs room, in Knoxʹs room and in the corridor. These traces could not be attributedto footprints left on other occasions, as the appeal court implausibly accepted [them to be], since luminol reveals traces of blood and it is not really conceivable that Knoxʹs feet might have been stained with Kercherʹs blood on some other occasion.

As pointed out by the party submitting the appeal,  no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas [71] the hypothesis formulated by the judgment of first degree is much more plausible: it emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.

While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom,  then some trace of Sollecito would have been found, whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the traces of the victim’s blood.

The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which,  in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments. As pointed out by the party submitting the appeal, no justification is given for the coincidence of the presence of Knoxʹs DNA in every trace mixed with the blood of the victim, whereas [71] the hypothesis formulated by the judgment of first degree is much more plausible:

It emphasized the mixed nature of the traces (including those found in the small bathroom) which, via adequate inductive logic, led to the conclusion that with feet washed of the victimʹs blood but still bearing some residue, Knox went into her own room and Romanelliʹs room passing through the corridor during the staging operation as assumed in the initial reconstruction, which is based on the objective fact that only after midnight did the victim’s telephones stop connecting to the cell tower of via della Pergola and connect instead with the one on via Sperandio, where they were eventually found; this meant that only after midnight were they removed by unknown hands from the flat in via della Pergola.

While according to the prosecution’s hypothesis, the mixed traces found in the small bathroom suggested a cleaning activity by Knox, who transferred the victim’s blood from the crime room to various points in the small bathroom (on the sink faucet, on the cotton swabs box, the toilet seat, the bidet, the light switch, the bathroom door) where the traces were collected, the Hellmann Court of Appeal entrenched itself behind a position of absolute certainty, without acknowledging what the First Instance Court had observed in disagreement with the defence arguments espoused by the Hellmann Court of Appeal, which decided, in essence, that if the two defendants had remained in the flat of via della Pergola to clean themselves up from the victim’s blood traces, thus functioning as vehicles carrying blood to the small bathroom, then some trace of Sollecito would have been found,

Whereas in response to this objection the First Instance Court plausibly noted that Sollecito could have washed himself in the shower stall with an abundance of water, so as to eliminate traces, perhaps without even any rubbing, leaving to Knox the task of cleaning the sink and bidet with the in the moments immediately after the murdertraces of the victim’s blood.The alternative explanation offered in the first instance judgment to the Defence’s objections was not taken into consideration, and thus the Hellmann Court of Appeal fell into another error of reasoning, having neglected various circumstances which, in the course of their analysis, they should have examined and if necessary refuted with more weighty arguments.”

Hellmann’s Annulment is here not only fully justified, but is essential to avoid a gross miscarriage of justice.

Nencini Pages 328-329 :

“We know with certainty that, on the evening of 1 November 2007, Rudy Hermann Guede was present inside the Via della Pergola cottage, not only because he said so and it is reported in thefinal verdict that convicted him, but also on the basis of investigations and analyses carried out by the State Police inside the cottage contained in the case file. We also know with certainty that Rudy Hermann Guede could remain inside [312] the flat with absolute ease… [for] considerable time, as he left his “traces” in the large bathroom [of the flat].

We know with certainty, as this is shown by the evidence, that immediately after the homicide inside the Via della Pergola cottage three people were present, surely two men and a woman. This can be observed from the genetic investigations and the results of the traces highlighted using luminol. We can also say that one of the men who walked over Meredith’s blood left a very visible trace of his foot on a blue bathmat found inside the small bathroom of the flat. This footprint was attributed by investigators to the right bare foot of Raffaele Sollecito, with an analysis this Court finds correct on the basis of the considerations already made. One of the footprints detected using luminol was then attributed to a woman’s foot compatible, in size, to that of Amanda Marie Knox; in addition, mixed DNA traces found in the small bathroom of the flat (washbasin, bidet and cotton-swab box) were attributed to Amanda Marie Knox.

We have, in substance, pieces of circumstantial evidence of certain reliability, multiple and concordant, that place Rudy Hermann Guede, Amanda Marie Knox, and Raffaele Sollecito inside the Via della Pergola flat on the evening of the murder of Meredith Kercher, in the moments immediately after the murder, when the three left traces of their passage by depositing [marks in] the victim’s blood, abundantly released from wounds.”

Emphasizing the Certainty of its knowledge regarding “traces”, blood, luminol, genetic investigations, DNA, and footprints, Nencini rules Guede, Knox, and Sollecito to have been at the crime-scene “in the moments immediately after the murder” of Meredith Kercher.

4. Other Worries For Judge Marasca

However far-fetched the Motivazione of this SCC Panel turns-out to be, it can hardly have-been unaware of the facts that Sollecito is scheduled to be back in a Lower-Court in Florence on 30th April, 2015, facing his first-set of charges in the Sollecito & Gumbel trial for diffamazione and vilipendio (slander of officials and of the system), nor that Knox is scheduled to be back in a Lower-Court in Florence on 9th June, 2015, facing her new, expanded-set of Calunnia charges.


This series continues here.


Thursday, April 02, 2015

The Psychology Of The Human Race Puts Us On A Rising Curve Toward True Justice For All

Posted by SeekingUnderstanding



Above and below: more and more people worldwide are on the march to make justice for victims work

1. The “Just-World” Is Built

When we were children, we listened to fairy tales. Most cultures have a library of myths.

They frequently had ‘happy ever after’ endings, where everything worked out well, after many scares, struggles and deep sorrows. Rarely did the ‘bad people’ win, in the very end, although there were often sacrifices along the way required by those who were true to themselves, and cared for others and the world. The ruthless, selfish, greedy people often appeared in disguise - their ugly and scheming natures only revealed by chance at The End.

We often asked our fathers to read us these stories, before we were tucked up safely in bed. Usually we went to sleep reassured. This is because such tales reinforce a concept known as ‘the just-world’. In this just world, good thoughts and deeds are rewarded, eventually, and the bad and cruel actions will reap the punishment they deserve, even if patience is required until this comes about.

Our belief in this concept helps us, as we begin to go out in the world and face its stresses and dangers. It gives us hope and courage, in our tiny childhood bodies.

Our parents are our caretakers, there to guide us and protect us from harm. Good parents, who are teachers too, show us right from wrong, good from bad. We grow, and begin to form a sense of Self, a core self that finds meaning and values, experiences beauty and ugliness, joy and pain.

At least one of our caretakers will empathize with us, and give us what is known as validation. Gradually, we learn to be self-reliant and do this for ourselves, although we will always still turn towards the caretaker for this reassurance at certain times.

2. When Our Just-World is Broken

And then, suddenly, one day, something else happens. (Hopefully, this day doesn’t come when we are so very young - if it does, it is frequently disastrous).

Our belief in the Just World is fractured. It cracks, and comes crumbling down around us, terrifying us as it does. Life goes into slow motion, and we remember the colours, shapes, smells, words, for the rest of our lives. Someone who has done wrong is praised and rewarded, and the little person who is ‘me’, who was being as good as we knew how to be, is scolded, teased, taunted, hurt (perhaps physically), neglected, ignored, humiliated, punished. We suffer when we do not deserve to, sometimes when we least deserve to.

Most of all, our ‘caretaker’, whose function it is to protect us, now reprimands us, withdraws their love or approval and, worst of all, refuses to believe us. We are telling it as it is, telling the truth as we have been taught to do, and the very person we have entrusted with truth, rejects us, and believes the one who is lying. We feel despair,and we feel isolated. We panic inside, and experience fear as we have not known it.

Our adrenalin and other endocrine reactions are set in motion. Our heart thumps. We don’t know what to do, we feel numb, confused, it is hard to concentrate. We are unlikely to be able to say, at that point, - but what we are feeling is betrayal. All our inner security has temporarily dissolved.

Not only has the person insulted and harmed us with their wrong-doing, but they compounded this by sanctimoniously pretending that they were ‘put upon’, a victim no less, while simultaneously the true victim is blamed and derogated. It is outrageous, and moreover it is disempowering (at first).

It is our first experience of injustice.

3. The Experience of Acute Distress

If our psyche is healthy, we will recover, both physically and emotionally within a short period. Human beings have innate coping mechanisms, and we learn gradually to activate these. Different personalities develop different ways.

But the period of stress and distress does need to be of a short duration. This is important. If it is not, we now know that very real damage occurs. This is not something vague, but is actual, biological, involving the Hippocampus and other specific areas in the brain.

When we talk about ‘healing’, this is not just a fancy word for getting into a better mood : real healing and correction need to occur in the cell tissues. Stress really does damage your health, and if we need to take time out to recover from it, - this is a real need. The greater and more prolonged the distress, the longer the time needed to rebuild, to adapt and adjust. Music, and being in nature, often have an important role to play here. People find their own ways, in their own time.

The other thing of prime importance is contact and talking, sharing, with others to whom we feel bonded. It may seem like saying the obvious - but it has been shown that victims of trauma heal very much more quickly when their contact with their loved ones in the aftermath had been immediate.

What is needed is the opposite of isolation, which would simply increase the undermining of the sense of self and our own identity, which has been hurt, or sometimes splintered.

People are isolated in cases of torture - the perpetrators of it know this isolating alone is punishing, fragmenting, weakening and eroding to the self.

We need the validation of our true friends. Perhaps this is the origin of the saying, ‘A friend in need is a friend indeed’.

To recap slightly : our first experience of having our illusion of a totally Just World challenged probably first occurs as we are growing up, perhaps at school or similarly.

I will not, here, address the very serious cases where child abuse happens in the home, where the damage may never be repairable (although a certain amount can be done, miraculously, with professional and skilled help). Neither is this the place to describe terrible trauma caused by murder and terrorism. Extreme experience of injustice, especially continuous, leads to severe trauma, which at the extreme end leads to PTSD.

Needless to say, those who survive need the utmost sensitivity and skill to help them deal with the sheer inhumanity of their situations.

4. The Caretaker in the Wider World

As we go out into the world, ‘the family’ and with it, the head of the family or the main caretaker extends onto a more macro scale. The head of an institution becomes the caretaker. The headmaster or headmistress has a duty of care and protection : they are ‘in loco parentis’.

And so on upwards - the head of a large company where we may work has to duty of care that his employees are kept safe; we have local heads of government, police commissioners etc., whose responsibility includes the safety and protection of the citizens - this is achieved through law and order. And so we finally go to the top, and have the governments of countries, and their judiciary and courts, and the Head of State.

Governments carry the ‘caretaker’ role for the people, the citizens. They are entrusted with our ultimate safety, security and defence - against violence, against terror, unreason, and the break-down of law and order into chaos and tyranny. We entrust them to save us from barbarism.

It is because they have this extension of the caretaker role (a leader will sometimes be called ‘The Father of the Nation’), that when something goes badly wrong, we can feel betrayed. Our own personal memories of betrayal, which may exist in layers of many chapters, can suddenly be triggered. It matters not that physically, personally, we may not be anything like in proximity or involved in what has just happened.

A feeling of insecurity, of being totally let down, indeed of being betrayed, is experienced in the collective, the caretaker of which is the top of government and judiciary.
The shockwaves in the collective trigger our personal memories of our own past trauma. Just as happens when someone we know is bereaved, and we then suddenly recall our own bereavements, as clear as day. Our own memories are re-experienced within the present, integrated into the collective event.

When a member of the Royal Family (in Britain) for whom there is much affection, dies, one can see an outpouring of collective sentiment. Some may disparage it (as in, ‘well, how could they possibly have known her!’ etc), but the phenonomen of collective sentiment is very real, and contains more than the sum of its parts. As all collective moods, it will operate as a wave - a wave that may sweep reason aside.





5. Injustice Is So Like Bereavement

Injustice affects us as bereavement does. When we are bereaved, and perhaps especially when we lose a parent (our original ‘caretaker’), we are affected physiologically as well as emotionally.

Our fear responses are heightened, (sometimes called heightened arousal), our heart rate changes, our concentration and memory are affected, as too our ability to regulate our emotions (be overwhelmed by them); our perception itself is affected, including our perception of who we are ourselves, our very core identity.

It is very common to feel we have lost a part of ourself with the loss of the one we loved, or, importantly, who loved us. Their love for us was part of what made us feel valid. How many feel, when bereaved, lost themselves, - rudderless, as it were? We have to re-learn, and validate ourselves.

Why, you may wonder, are we discussing bereavement here? Because the responses that we go through (and it happens involuntarily) are the same as when experiencing the distress of injustice, or injustice trauma where it is extreme.

The same shattering of world-view is involved, and the same loss of security, which affects us fundamentally.

We need ‘safe-holding’ - first our parents provide this, then gradually other people and other structures out in society provide this keeping of us safe and secure. Being able to dependably rely on the administrators of just law to do exactly that is a very important part of our security. We trust them. We trust our government to use their powers judiciously, to look after our best interests, or at least to try.

If suddenly justice itself appears from every logical perspective to be in fact injustice, it is a great threat to our psychological security, for reasons I’ve tried to explain.

If the collective has been subject to such stress, then the process of repair or healing is required to happen in the collective, exactly as it is when the injustice stress or trauma has occurred on a personal level. It is just as essential. As one of our commentators said, ‘Silence is not an option’.

But fortunately, humanity is resourceful. We can all think of ways and times when people of every diversity have come together in adversity, and pulled together, in generosity, kindness and strength. There is the dual instinct in most people (who are not dysfunctional, damaged or disturbed) which is for both justice and compassion - civilized, just action - .. and when we recover from the adrenalin state, where one feels temporarily stunned in disbelief, we slowly regain our ability to creatively engage in the present.

6. How The Healing Process Works

Many people come and seek out counselling when they are recovering from extended periods of stress and distress, caused by a wide variety of reasons, and within a wide spectrum of severity. There are a number of effective techniques to aid the self-therapy.

These include understanding one’s own fear responses and calming these; recognizing personal triggers, and having a method to deal with flashbacks when they occur; working on acceptance, and being ‘grounded’ or anchored; and learning to create a feeling of safety and security for yourself in the present, and recalling the stressful time but placing it carefully in the past.

7. Narrative Therapy For RS And AK

Sollecito admitted to lies, Knox served three years for lies, and both are still on trial in Florence for many more. Even their best friends know that.

In order to make progress in recovery, with counselling, some sort of ‘narrative therapy’ is needed, where what has been so distressing can be processed and talked about from the perspective of the present, looking back and making sense -  but not talking as if one is still there in the experience.

To be able to arrive at this narrative is an important healing step. But if instead, the story is made of fragmented flashbacks, and the talk slips back into the present tense, as if the person is there again at the scene…really this is not good news. (cf AK was doing this in one of her last interviews last year - the one where she talked about ‘the corpse’).

There is avoidance, where the person can’t bear to think about the stress, and there are intense flashbacks, re-lived, - which can re-traumatise.

The narrative that we seek, and that helps bring calm and the ability to move forward, is neither of these. But to reach the good narrative the person will have to go through the detail of the traumatic event, and face the pain it causes them. They will have to be truthful. The therapist helps them do this incrementally, within a very safe environment. It does work, but it takes time - the greater the trauma, the greater the time.

This knowledge is useful to anyone recovering from a major stressful life event, but the reason I mention it here is in thinking about our two ex-defendants. Stepping aside for the moment from the flip-flopping judgement delivered, - what concerns me is whether and how healing is possible - for everyone.

There are so very many deeply disturbing aspects to this dreadfully drawn-out case, - most have been noted. But one that disturbs me most is that the ex-defendants have wound themselves up to delivering false narratives to the media circuses - to the point where they can’t now recant them without getting their respective knickers in a complete twist, knots that can’t be unravelled, nor make any sense.

As it is, it seems we have two ghosts who held down Meredith, where Guede was the third man.

My serious point here being that, for their own sakes if no-one else’s, the ex-defendants will need to tell a truthful narrative, in order to find any kind of reasonable and balanced functioning in their lives.

Quite simply, healing will not be possible unless they arrive at telling a truthful narrative in the way I touched on above - even if this is in confidentiality, to a therapist, - it will need to be done. It cannot be done in fiction.

If they do not go through the necessary steps in the process as outlined - instability, gross insecurity, and states of fear and anxiety will persist, and the trauma can and will always re-emerge unpredictably, and haunt and shadow their lives with flashbacks.

This process is well-known, and well-documented.

This site is primarily to support the Kercher family, who are the genuine, innocent victims of the most appalling trauma - one that has been selfishly drawn out by ruthless external forces, thus putting their own recovery in jeopardy, and causing great suffering.

They should always have been put first, but now, at this point in time, it is more vital than ever.

They will need, as all victims in recovery, to be able to make their ‘good narrative’. But they cannot fully do so without the truth - even if it has to remain just a sketch of the truth. I wish with all my heart they can find the whole narrative that they need - I do not know how at this point, with so much obfuscation abounding.

But I do not give up hope : healing can always arrive, for those with good will, and good hearts…so however long it takes, I have faith that it can, and it will.


Tuesday, March 31, 2015

Cassation Appeal By RS And AK Against Nencini: Cassation Rules Not Enough Evidence NOT Innocence

Posted by Machiavelli

1. Dispositivo issued by Judge Marasca

This statement by Dr Marasca was dated 30 March 2015. An English translation and analysis is below the document image.








Dispositivo: VISTO L”˜ART. 620 LETT.(A) C.P.P.; ANNULLA LA SENTENZA IMPUGNATA IN ORDINE AL REATO DI CUI AL CAPO (B) DELLA RUBRICA PER ESSERE IL REATO ESTINTO PER PRESCRIZIONE; VISTI GLI ART. 620 LETT. (C) E 530, COMMA II C.P.P.; ESCLUSA L’AGGRAVANTE DI CUI ALL’ART. 61 N. 2 C.P. IN RELAZIONE AL DELITTO DI CALUNNIA, ANNULLA SENZA RINVIO LA SENTENZA IMPUGNATA IN ORDINE AL REATI DI CUI AI CAPI (D) ED (E) DELLA RUBRICA PER NON AVERE I RICORRENTI COMMESSO IL FATTO; RIDETERMINA LA PENA INFLITTA ALL RICORRENTE AMANDA MARIE KNOX PER IL DELITTO DI CALUNNIA IN ANNI TRE DI RECLUSIONE.


seen art. 620 lett. A) c.p.p.;

annuls the impugned verdict as for the charge in count B) of the indictment section because the time of limitation of the offence has expired;

seen articles 620 lett. L) and art. 530 second paragraph of c.p.p.;

excluding the aggravating circumstance under art. 61 n.2 c.p. in regard to the felony of calunnia, annuls the impugned verdict without remand as for the crimes charged in counts A), D) and E) of the indictment section due to the recurrents not having committed the crime; re-determines the penalty inflicted to recurrent Amanda Knox in three years imprisonment for the crime of calunnia.


2. Two Warnings

Warning 1

(1) The statement “because they did not commit the crime” does not imply a finding of innocence under Italian law; and when the art. 530.2 is mentioned there is no possibility of a finding of innocence;

(2) There are major legal blunders: the Cassazione is not allowed to make any finding of facts of any kind, it does not assess evidence directly, and it may not mention 530.2.

It could not have re-determined the penalty for calunnia if the penalty was already definitive. Here unusually the verdict was definitive but not the punishment, as Nencini increased the sentence from the 3 years imposed by Hellmann to 3 and 1/2 years, having been asked by the First Chambers to consider whether there was a teleological link with a murder conviction. Having annulled the conviction for murder the Fifth Chambers wiped out the extra 6 months.

Warning 2

At the end of the 2015 Afterword of Knox’s “If I did it” paperback edition, the Creative Writing student writes: 

Minutes later Carlo Dalla Vedova, one of two Italian lawyers, called.

“Does “˜acquitted’ mean not enough evidence to convict?” I asked him. Or did they find us innocent?”

“They find you innocent. Amanda!” he said. “It’s the best result possible!”

That is untrue. Readers may like to be warned that this is the latest lie. Either by Knox or Dalla Vedova. See Warning 1.

In fact Cassazione explicitly mentions 530 paragraph 2, which in Italian law means “not enough evidence” but not “finding of innocence”.

Such annulment is a legal blunder since Cassazione may not do any fact-finding in the merit.

However, as a court finding, 530.2 is finding of doubt, therefore the contrary of what Knox conveys to her readers.


Friday, March 27, 2015

Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal #2

Posted by The TJMK Main Posters



This was in 2009, Meredith’s family, not in court, may hear things came full circle today

Tweets from the court

New tweets from the court if any (we may have to wait for breaks) are being added under the various author’s names below. Numbering flows from Wednesday’s post.

Any breaking news

22. Reason for delay in the announcement is paperwork we believe, there were dozens of reasons for an overturn in the two written appeals, and they would have to be responded to one by one if appeal is denied. The Telegraph seems to be planning a live website feed though it may be from outside. .

21. Here is where Sollecito is headed if he makes it before any guilty verdict and the 2 police cars in his rear mirrors him stop him and take him in:  41°14’37.80"N 16°29’2.50"E Put that into Google Earth search and then descend to street view. Thats the gate for the compound, chez Sollecito is a couple of houses down on the left. Francesco Sollecito has addressed crowds of reporters there. 

20. Video here of RS and his sister Vanessa leaving by side entrance, possibly for Bari. As Florence prosecutors are in court, this may be his way of ensuring he is not photographed being frogmarched out of there.

19. Knox undercut her own defence by stiffing Florence court. Could in new Florence trial face more years for criminal defamation. Moore & Burleigh & Fischer & other PR shills may face citations too, as their excesses outnumber those of Gumbel and Sforza already in court. Tweeting stalkers too. Communication Police looking now.

18. Italian ANSA report is calling RS lawyer Giulia Bongiorno’s address to the court “Bye Bye Amanda” as she says only questionable DNA relates RS to scene of crime. [Oh? Several footprints? Opposing knife wounds? Multi alibis? Computer? Cellphone?]

17. Media, please get it right: Amanda Knox was not “tried in absentia” at Florence “trial”. IT WAS HER OWN APPEAL and Italian lawyers argued with her for a week that she really needed to be there. Having abused so many in Italy, and put drug dealer in jail, was her no-show really such a surprise?

16. Strong-arming unethical Gogerty-Marriott PR firm closes down in Seattle with a final dishonest thump of the chest. Said to be freaked by potential legal liability. Maybe Knox herself should sue as they made her plight much worse.

15. So NYC Sollecito advisor John Q Kelly shows his face again. He was wildly wrong on the hard facts late 2009 and promptly disappeared.

Tweets from journalist Andrea Vogt

17. Heavy media & police presence at Italy’s high court this a.m. for final hearing in #amandaknox case. Sollecito’s defense at 9.

18. Raffaele Sollecito’s Italian and American lawyers Giulia Bongiorno & John Q Kelly just greeted in hall outside Aula Magna

19. Giulia Bongiorno on the lack of DNA from #amandaknox and sollecito in murder room: only a dragonfly leaves no trace.

20. Bongiorno casting doubt on forensic police dna interpretation. “Maybe, in science, does not exist. Either it is Raffaele ‘s dna or not.”

21. High court judges in #amandaknox case are going into deliberations now. They will alert all one hour before they announce decision.

22. Court can: 1) call appeal [outcome] inadmissable 2) accept it 3) reject it 4) annul convictions & back to appellate 5) annul convictions.

23. Members of Florence prosecutor’s office are at Rome court today for decision on #amandaknox / Sollecito appeal of their convictions.

24. #amandaknox convictions have been completely overturned. She is a free woman.

25. Both raffaelle Sollecito and #amandaknox convictions have been fully overturned. Cries of joy in courtroom from sollecito’s family

Tweets from main poster Kristeva

15. Follow @andreavogt as she has better phone reception than me. I apologize

16. Much larger crowd today attending the final hearing for #amandaknox & #RaffaeleSollecito

17. The general feeling among reporters is that #RaffeleSollecito might get a second appeal. no chance 4 #amandaknox

18. Several reporters interested in http://themurderofmeredithkercher.com and will call me to have more info in the next days

19. I was asked how the #MeredithKercher support website started and I gave the whole history

20. Spoke to Maresca to thank him and in return he thanked our volunteer work for http://themurderofmeredithkercher.com 

21. Reporters were also interested in PR machine for #AmandaKnox and I referred them to http://truejustice.org

22. After Bongiorno, Maori will give his arguments and Judges with enter chambers to deliberate verdict

23. Timing of verdict for #amandaknox and #RaffeleSollecito unpredictable. May justice 4 #MeredithKercher prevail. My prayers for family

24. [6.15 am US east coast time] Maori finished. Judges have entered chambers to deliberate verdict.

25. No more appeals. Case over #amandaknox #RaffaeleSollecito acquitted for murder of #MeredithKercher #SHAME

26. I am shocked

Tweets from main poster Machiavelli

17. [no tweets yet]

Tweets from journalist Barbie Nadeau

4.  High court now deliberating fate of #amandaknox and #RaffaeleSollecito in #MeredithKercher murder case.


Wednesday, March 25, 2015

Supreme Court Appeal By RS And AK Against Florence Court Rejection Of Their First Appeal

Posted by The TJMK Main Posters



Above: stock image on another day of the Supreme Court’s Great Hall

Tweets from the court

New tweets from the court are all being added under the various author’s names below. This will continue Friday for sure.

Any breaking news

13. Court is over for the day and will resume on Friday.

12. La Nazione reports: “The judgment of the Supreme Court on the murder of Meredith Kercher will not arrive before Friday 27, the day when the judges will meet in closed session. This was announced by the President of the Fifth Criminal Chamber of the Supreme Court, Gennaro Marasca, during today’s hearing.”

11. We dont know the local telephone network capacity there. But many cellphone transponders can handle only 24 calls at a time. Demand for “outside lines” could number in the hundreds from the entire court. Maybe there’s an open WAN but we doubt.

10. Regardless of outcome Knox legal problems could go on for years. Since 2009 she has faced calunnia charges for lying on the stand. Possible sentence six years. Now Florence court has added calunnia charges for lying in her book, in Oggi, on her website, and on American TV. Perception going back to Ricciarelli is she is dangerous and hurts people, even if final murder verdict is not in.

9. Popper says of Dr Pinelli: “In his late 50s (a young man ref Cassazione average), a career both in Abruzzo region (Avezzano where he was born in 1957) and L’ Aquila, and then Naples in the Procura Generale; then promoted to Cassazione. Very much acquainted with murders and organised crime.”

8. Popper says of Dr Marasca: “Section President of Cassation [one of the few] and member of Consiglio Direttivo, a sort of Executive Board of the Supreme Court ... one of the most experienced magistrates in Italy, born in 1944. Since 1970 a magistrate.”

7. News service ANSA: “The head judge is Gennaro Marasca. The lead prosecutor is Mario Pinelli. After the prosecutor has spoken it will be the turn of Maresca (for the Kerchers). Then they’ll hear from Bongiorno and Maori, Ghirga and Dalla Vedova”.

6. New report with today’s date from Barbie Nadeau on the CNN Website. Seems CNN like most US media no longer solidly in Knox camp.

5. The Court has placed a ban on live tweeting from inside the courtroom, where mobile phone reception is poor anyway. Reports will come during the breaks.

4. Best guess at timing of decision is late PM US East Coast time. In 2013 it came the next day.

3. As with previous court outcomes, expect long-form analyses of outcome by Machiavelli etc within the next few days.

2. New York Times’s Elisabetta Povoledo provides a good overview of today’s context.

1. See our own scenario for today and coming weeks in the event the Florence verdict and sentences is confirmed.

Tweets from journalist Andrea Vogt

1. Raffaele Sollecito is here in court, speaking with his lawyer Giulia Bongiorno. #amandaknox lawyers and Patrick Lumumba also present.

2. Cannot tell how the court is leaning. Reviewer made hurtful and helpful comments to both sides. Still could go either way. #amandaknox

3. Court pres Gennaro Marasca calls break until 2:30. PG Mauro Pinelli has another hour of arguments. Arguments & ruling could be Friday

[break for lunch]

4. There is a sense among some observers that the Court is differentiating between positions of amanda knox and raffaelle Sollecito.

5. Maresca: I am representing the Kercher family in court for the 8th time. I hope this will be the last arguments I give on their behalf.

6. Maresca: It is time for the Kercher family to finally be able to remove this poor victim from the law courts.

7. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”

8. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).

9. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”

10. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?

11. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.

12. Ghirga: “its not that we want to blame the poor black guy, its that you cannot rule out a single aggressor.”

13. Lawyer Luciano Ghirga: The scientific evidence favors #amandaknox (no trace of her in the murder room).

14. Carlo dalla Vedova has launched a blistering attack on the state of Italian justice system and the problem of “the neverending trial.”

15. Dalla Vedova for #amandaknox: How can we tolerate in Italy that trials can go on forever?

16. Hearing over for the day. Raffaelle Sollecito’s defense will continue Friday, march 27.

Tweets from main poster Kristeva

1. I have arrived outside Section V. Sollecito, father and Greta. Poor [cellphone] reception.

2. Spoke to Avv. Maori & asked him who general prosecutor is and he doesn’t know yet. there are 2.

3. Andrea Vogt has just arrived and speaking to Avv. Ghirga

4. American British Journalists are all talking to Avv Dalla Vedova now.

[court session starts]

5. Relator Judge P. A. Bruno laughs once and while getting names wrong such as Hallowo instead of Halloween.

6. Prosecutor finds Rudy’s climbing up wall 4 numerous times “crazy”

7. Paolo Antonio Bruno knows the case extremely well without ever looking at his notes.

[court breaks for lunch]

8. Prosecutor has ended. He asked without remand 28.3 yrs #amandaknox and 24.9 for #raffaelesollecito

9. Bongiorno has asked to speak on Friday so most likely verdict will be then.

10. Pacelli now on civil case for Patrick Lumumba

11. Maresca has now concluded. Confirms all points made by Nencini, the general prosecutor and Galati

12. Maresca was brief and concise and said that after 8 years he hopes this is the last time he has to make same arguments

13. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial.

14. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.

Tweets from main poster Machiavelli

1. Reporting Judge at SC for the Meredith case is Antonio Paolo Bruno.

2. The Prosecutor General is Mario Pinelli. President Judge is Gennaro Marasca.

3. PG said the Florence sentence “respects the indications set by the Cassazione”

4. PG: says courts, based on findings “correctly established that the theft was staged”.

5. PG: court “pointed out correctly” that there was a staging “in order to side-track investigation”

6. PG: “3 people attacked the victim” and “there was no fight” unless you mean “attempts to defend herself by restrained victim”

7. PG: Florence decision not to repeat computer analysis on Sollecito’s laptop is “not censurable”

8. Sollecito reported nervous when PG observes computer data defence objections are irrelevant to alibi.

9. PG: Florence refusal to order anthropometric investigation on CCTV images is “adequately motivated”

10. Pinelli: phones removed because by “ringing in the home” may have caused early discovery of the crime.

11. Judge Bruno (like Zanetti) had said the trials had “not many certainties” beyond the girl’s death and one definitely convicted.

12. PG Pinelli said some minor charges have expired, thus Florence should re-assess penalties with slight reduction due time limitation laws.

13. Antonio Paolo Bruno is the Supreme Judge who was accused of conspiracy with Mafia by prosecutor DeMagistris in 2006.

14. Pinelli asked 3 months cut from both penalties (weapon carrying). But this cut may technically require intervention by Florence court.

15. Maresca says that everything asked by #amandaknox and #RaffaeleSollecito has already been asked at Perugia and Florence trial. Enough.

16. Maresca makes a big point about pages re Conti & Vecchiotti and calls them on their lie.

Tweets from journalist Barbie Nadeau

1. Judge confirms verdict will be Friday in #MeredithKercher case.

2. Prosecutor in #AmandaKnox case asks to trim 3 months off Knox’s 28 year 6 month sentence.

3. Reason for shaving 3 months off sentence in #AmandaKnox case is statute of limitations in theft charge.



Monday, March 16, 2015

Probable Final Cassation Ruling In 10 Days: Likely Scenario For The Immediate Future

Posted by The TJMK Main Posters



Italian Justice Minister Andrea Orlando with Prime Minister Matteo Renzi


We reported previously that Prime Minister Renzi, the former mayor of Florence, has great trust in the court system there.

Cassation is expected to rule on Knox’s and Sollecito’s separate appeals against the Florence outcome (in which they yet again not-too-subtly edge one another between themselves and the flames) on Wednesday or Thursday of next week.

We have something of a consensus here upon what happens then and thereafter, with main inputs here from Italian watchers Popper and Yummi.

1. Cassazione will probably merely announce that the affirmation of conviction by the Nencini appeal court is legitimate from the point of view of Italian law and there will be nothing significant said on the merits of the case.

2. In final appeals Supreme Court justices simply confirm a sentence or not based exclusively on law points. The Cassazione motivation reports due within three months are not too important as they cannot be appealed anyway. A report may not be needed for extradition, the Massei + Nencini sentencing reports could be explanatory and legally correct enough in this case.

3. The execution of this decision would then be over to the Florence courts. If the Nencini confirmation of verdict and sentence is affirmed it will probably then be over to Prosecutor Crini and Judge Nencini, and an arrest warrant for Sollecito would be immediate.

4. There is a slight chance, perhaps 5% to 10%, that Sollecito might try to escape, as he seemed set on doing when he made it to the border on the same day as Judge Nencini’s 2014 ruling. On Italian TV he has been sounding very aggrieved with Amanda while not really winding back the strong case against himself. He lacks his passport and probably the secret stash of money to stay on the run indefinitely.

5. An arrest warrant for Knox, the other defendant, would normally be issued as soon as possible. If she is still located in the US she could be rapidly arrested and put in a holding cell. Based on other examples it is possible that her physical return to Italy could take as long as nine months, though the treaty promotes a fast-track meaning not upward of three months.

6. There is normally 45 days for the extradition papers/request from Dr Andrea Orlando, the Italian Minister of Justice, to be handed over by the Italian Embassy in Washington DC to the State Department, though there is allowance for that request time to be extended.

7. The evidence of course really is overwhelming and no single proof of foul play has ever been proven. Italian justice officials have relevant information they could share privately, such as the corruption of the Hellmann appeal alleged by Judge Chiari, Prosecutor Comodi and others, and such as Knox’s unsavory drug record which is normally a big no-no for the State Department. 

8. Comments made by the host and a magistrate on Italy’s Porta a Porta show last week suggests vagueness on the part of the Italian media and public about the Italy/United States extradition treaty. This treaty, which has always been faithfully observed previously by both countries, with no exceptions, is stark and minimalist and focuses on the paperwork and whether the national law was followed, as explained by lawyers James Raper and TomM. 

9. Assuming their final conviction, Sollecito’s arrest and return to prison will drive Italian public opinion, dormant for years but stirring as the Porta a Porta show suggested, to demand a quick extradition of Knox, who was the flatmate of Meredith the victim and without whom no murder would have taken place.

10. Probably very unlikely, but if there is sustained political resistance despite American media finally getting the facts right, the powers demanding extradition will build up immense pressure, and it will be world-wide pressure from the point of view of the US, not just Italy. All countries will be watching to see how the US behaves, and if their treaties are reliable or not.

The US relies heavily on the Italian government, which is currently a very strong one, on many other matters, and it has other extradition cases worldwide in motion or anticipated (think Snowden in Moscow) so it will be almost certainly be faithful to legality and precedent.

Knox smeared prison authorities in her book and directly caused the imprisonment of a drug-dealer which might be reasons she fears going back. Conceivably a negotiated outcome could result in Knox serving the rest of her time in an American prison to get round this. American prison? This would be nice for her family, but probably a lot less nice for Knox herself.

Knox has long been the pawn of an ugly family and bunch of parasites. Dont totally rule out her simply hopping on a plane to pay her dues and get away from them.


Wednesday, March 11, 2015

Precise Reasons For Arrests Of Sollecito, Lumumba And Knox On 6 Nov 2007

Posted by The TJMK Main Posters



From the east. Foreground, Perugia’s main courts, background judges & prosecutors’ offices

1. The Warrant For Three Arrests

This key document has now been obtained and translated and included in the Wiki casefile. Some context is offered in Part 2.

The arrest warrant was drafted and signed by Dr Mignini. He did so in the prosecutors’ offices in Perugia’s central courthouse (image at top) at 8:40 am.

Note that, critically, it includes reference to Knox’s spontaneous chatter and her knowledge of the dynamics of the crime.

PUBLIC PROSECUTOR’S OFFICE, COURT OF PERUGIA

N. 19738/07 R.G. Mod. 44

DETENTION ORDER ISSUED BY THE PUBLIC PROSECUTOR

(artt. 384, comma 1 c.p.p)

TO THE JUDGE OF PRELIMINARY INVESTIGATION OF THE COURT OF PERUGIA

The public prosecutor Dr. Giuliano Mignini

Based on the records of the above-mentioned proceeding;

Having found that there are serious indications of the crimes of complicity in aggravated murder Article 576 n.5 c.p.e. and sexual assault for which we are proceeding, against DIYA Lumumba, born in Kindu (Zaire) on 5.05.1969, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, for the following reasons:

Regarding KNOX and DIYA, the first made glaringly contradictory and not credible statements during the investigation. In particular KNOX claimed to have spent the night between November 1st and 2nd in the company of SOLLECITO Raffaele whom she met a few days before the event while he, after initially confirming the statements made by KNOX, confessed to have lied instructed by KNOX and made clear that he separated from KNOX at 21.30 of November 1st 2007, remaining at his house where he received a phone call from his father on the land line at 23:30.

Furthermore from the data relating to the phone traffic of the number 3484673590 in use by KNOX there emerges a lack of phone traffic from 20:35 of November 1st to 12:00 November 2nd. Same lack of phone traffic from 20:42 of November 1st to 06:02 of November 2nd is found in the phone traffic of 3403574303 in use by SOLLECITO Raffaele.

At 20:35 of November 1st was found an outgoing text message from the number 3484673509 belonging to KNOX sent to 3387195723 belonging to the co-defendant PATRICK to whom she communicates “see you later” which confirms that in the following hours KNOX was together with DIYA in the apartment where the victim was.

KNOX, in the statement made today has, in the end, confessed the dynamics of the committed crimes against KERCHER: the accused, in fact, first claimed to have met with DIYA, as communicated to him with the text message found in the phone memory of her cell phone by the operating Postal Police, text message sent at 20:35 in reply to a text message from DIYA sent at 20:18, detected thanks to the analysis of the phone traffic related to KNOX.

This last text message is not present in the cell phone memory.

KNOX in her witness statement from today has then confessed that, meeting DIYA in the basketball court of Piazza Grimana, she went together with DIYA to Meredith’s house, where DIYA, after having sex with the victim, killed her.

The sexual intercourse must be deemed violent in nature considering the particularly threatening context in which it took place and in which KNOX has surely aided DIYA.

In addition to this it should be pointed out that KNOX, in her spontaneous declarations from today, has consistently confirmed to have contacted DIYA, to have met with him on the night between November 1st and 2nd and to have gone with him to the apartment where the victim lived. She then said that she stayed outside of Meredith’s room while DIYA set apart with her and also added that she heard the girl’s screams.

KNOX reported details that confirm her own and Sollecito Raffaele’s involvement in the events, like the fact that after the events she woke up in the bed of the latter.

As far as the essential facts against SOLLECITO there are numerous verifiable inconsistencies in his first declarations, in respect to the last ones and the fact that, from a first inspection, the print of the shoe found on SOLLECITO appears to be compatible in its shape with the one found on the crime scene.

Moreover, there is the fact that KNOX claimed to not remember what happened between the victim’s screams up until she woke up in the morning in SOLLECITO’s bed, who was also found in possession of a flick knife that could abstractly be compatible for dimension and type (general length of 18cm, of which 8,5 blade), with the object that must have produced the most serious injury to the victim’s neck.

Having considered all the elements described and all converging findings of the intense and detailed investigations conducted after the discovery of Kercher’s body and culminating with the confession and indicated complicity of DIYA, also known as “Patrick” by KNOX, there is substantial serious evidence of the crimes for which we are proceeding to allow the detention, given the limits of the sentence.

Likewise there must be considered a founded and valid danger of flight especially for DIYA since he is a non-EU citizen and in consideration of the specific seriousness and brutality of the crimes, especially that of sexual violence and the possibility of the infliction of a particularly heavy sentence.

In regards to KNOX she has shown a particular ruthlessness in lying repeatedly to the investigators and in involving in such a serious event the young SOLLECITO.

Having regard to Art.384 comma 1 c.p.p.

ORDERS

The detention of DIYA Lumumba, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, and to be taken to the local District Prison.

We proceed to request validation of the detention in the separate document.

Forward to the Secretary area of authority with regard to recognition of Diya Lumumba and Amanda Marie Knox, born in Washington (USA) on 07/09/1987, based in Perugia, Via della Pergola 7, and Raffaele Sollecito, also already identified.

Perugia, November 6th 2007, h.8,40

PUBLIC PROSECUTOR

(DR. GIULIANO MIGNINI)

2. The Context Of The Arrests

Knox had turned up at the central police station unannounced, apparently to keep tabs on RS. After a delay in finding something for her to do, and in getting the interpreter by her side, she sat with Rita Ficarra building a list of possible perps with phone numbers and residences on maps.

Having been told in a rather low-key way that Sollecito had just said she was not with him on the fateful night for several hours, and she had made him lie (see the post just below), there was a tension-filled pregnant pause while Knox apparently racked her brains for a Plan B.

By 1.45 AM, having explosively fingered Patrick when a message to him fortuitously showed up on her mobile phone, and after considerable spontaneous chatter, she had insisted on writing and signing this statement.

Three hours later Dr Mignini had arrived and discussed this development with others. Then he advised Knox of her rights, including the right to have her lawyer there.

Heedless of that advice, after more spontaneous chatter (actually referred to in the arrest warrant below), Knox insisted on writing and signing this statement while all the court officers sat idly by.


Friday, March 06, 2015

The Sollecito Trial For “Honor Bound” #8: Passages For Which Gumbel & Sollecito Are Charged

Posted by The TJMK Main Posters




1. Outcome Of Thursday Session In Court

That image above is of Sollecito arriving from his cell in Capanne Prison back in 2008.

The next session of the trial of Sollecito and Gumbel will be in open court for the first time. All Italy will finally KNOW some of what the pair claimed. Finally they will be able to judge the heated claims - seemingly intended to illegally inflame American public opinion to lean on the Italian court.

And as the next court session will fall after Cassation rules finally on his appeal against his lost Florence appeal for the murder of Meredith, we could see Sollecito once again arrive in court from behind bars.

This slight delay in the book trial beyond the Supreme Court ruling due late March (25th or thereafter) was the only real outcome from the final closed session yesterday of the Florence court.

Sollecito’s lawyer Alfredo Brizioli and Gumbel’s lawyer Francesca Bacecci, in creating a pretty meaningless fuss over the translation of passages where the malicious intent to inflame American public opinion is almost impossible to miss, even with Google Translate, simply bought Sollecito time beyond Cassation’s cold gaze on 25th March. The new translation is due on 10 April, and 30 April will be the pair’s next day in court. 

2. Selection Of Passages The State Disputes

Picking passages in the book against which to lodge diffamazione and villipendio charges is like shooting fish in a barrel, as we showed in this post in April last year. That was twenty inflammatory charges in a mere half a dozen pages.

Targeted for the moment are the seven passages quoted in Part 3 below. They might be the first of several waves of passages against which diffamazione and villipendio charges are brought, as only one complainant (Dr Mignini) has so far asked the court to act, as he was required to do.

Many other people are talked about highly disparagingly in the Sollecito and Gumbel book too. See these examples, out of dozens, which are not yet the subject of a charge:

Our interrogators resorted to time-honored pressure techniques practiced by less-than-scrupulous law enforcement and intelligence agencies around the world. They brought us in at night, presented us with threats and promises, scared us half senseless, then offered us a way out with a few quick strokes of a pen.

Napoleoni was in the room for this part of the conversation. Without warning, she turned on me with venom in her voice. “What did you do?” she demanded. “You need to tell us. You don’t know what that cow, that whore, got up to!”

“Don’t I have the right to a lawyer?” I asked.  They said no. “Can’t I at least call my father?” “You can’t call anyone.” They ordered me to put my cell phone on the desk.

At one point, I found myself alone with just one of the policemen. He leaned into me and hissed, “If you try to get up and leave, I’ll beat you into a pulp and kill you. I’ll leave you in a pool of blood.”

The rounds of questioning began all over again: “Tell us what happened! Did Amanda go out on the night of the murder? Why are you holding out on us? You’ve lost your head per una vacca””for a cow!”

As Amanda’s questioning continued, Prosecutor Mignini himself decided to take charge. He arrived at the Questura in the dead of night, apparently after being informed that Amanda had “broken,” and pressed her for a full confession. Again, Amanda was in floods of tears. Again, she was gesticulating with her hands and bringing them to her head””a detail that seemed particularly fascinating to Mignini, perhaps because hitting oneself in the head is sometimes associated with Masonic initiation rites.

Regarding that last claim Dr Mignini was not even there.

3 The Current Targets Of The Florence Court

Phrases of Sollecito and Gumbel (probably all or mostly of Gumbel) that look especially inflammatory and dishonest and very unlikely to be true are highlighted here.

Passage 1: Page 75

The main evidence Mignini had to take into the preliminary hearing was my Nikes, and he did everything he could to make them as incriminating as possible. Hours after my interrogators ordered me to take the shoes off, they were examined by a forensic team from Foligno. But the Foligno police were relatively cautious: in the official report they produced that same day, they said they could make no more than a partial comparison with the clearest of the prints left in blood in Meredith’s room and could comment only on the rough size and shape of the shoe, nothing more. Still, they concluded that my shoes “could have”Â created the footprints found at the crime scene.

Mignini was not satisfied, no doubt because the finding was couched in all sorts of caveats; the Foligno police stressed that the match was a theoretical possibility only. So the next day Mignini went to the Polizia Scientifica in Rome for a second opinion. They had even less information to go on than the Foligno team because they had only photographs of my shoes, not the shoes themselves. Somehow, though, they came to the much more definitive conclusion that my Nikes were the same make, model, and shoe size as the print on Meredith’s floor. No question about it.

Dr Mignini had no vested interest in the outcome of the shoe. There was a ton of other evidence which was accepted by the Matteini and Ricciarelli courts and Cassation to keep Sollecito locked up.

Passage 2: Pages 101-102

The prosecution’s tactics grew nastier, never more so than when Amanda was taken to the prison infirmary the day after Patrick’s release and told she had tested positive for HIV.

She was devastated. She wrote in her diary, “I don’t want to die. I want to get married and have children. I want to create something good. I want to get old. I want my time. I want my life. Why why why? I can’t believe this.”Â

For a week she was tormented with the idea that she would contract AIDS in prison, serving time for a crime she did not commit. But the whole thing was a ruse, designed to frighten her into admitting how many men she had slept with. When asked, she provided a list of her sexual partners, and the contraceptive method she had used with each. Only then was she told the test was a false positive.

To the prosecution, the information must have been a disappointment: seven partners in all, of whom four were boyfriends she had never made a secret of, and three she qualified as one-night stands. Rudy Guede was not on the list, and neither was anyone else who might prove useful in the case. She hadn’t been handing herself around like candy at Le Chic, as Patrick now alleged. She’d fooled around with two guys soon after arriving in Italy, neither of them at Patrick’s bar, and then she had been with me. Okay, so she was no Mother Teresa. But neither was she the whore of Babylon.

To compound the nastiness, the list was eventually leaked to the media, with the erroneous twist that the seven partners on the list were just the men she’d had since arriving in Perugia. Whatever one thought of Amanda and her free-spirited American attitude toward sex, this callous disregard for her privacy and her feelings was the behavior of savages.

It was in fact Knox’s idea to write the list of partners, and her own team’s idea to do the malicious leak. Police and prosecution had zero role.

Passage 3. Page 146-147

When my defense team examined the official paperwork, they noticed that the analysis of the footprints - including extensive inquiry into the length and shape of the foot likely to have produced them - had been conducted by two members of the Polizia Scientifica in Rome, working not in their official capacity but as private consultants charging thousands of euros to Mignini’s office. One of the analysts, Lorenzo Rinaldi, was a physicist, not a specialist in anatomy, and the other, Pietro Boemia, was a fingerprint technician with no further scientific credentials. That begged the question: if Mignini’s office felt it needed to contract the job out to private consultants, why wouldn’t it go to people with more pertinent qualifications? The whole thing stank.

We were stunned, too, to discover that some of the most important parts of the evidence were not handed over at all. We were given a document detailing the Polizia Scientifica’s conclusions about the DNA evidence on the knife and the bra clasp, but we had none of the raw data, nothing that would enable us to make our own independent evaluation. We put in a request for the data and, when it was rejected, filed another. The DNA evidence was now the bedrock of the case against me. What possible motivation could there be to withhold it?

The defenses had witnesses present at every single test. They made no complaints. And the Hellmann court record showed that all DNA data was in fact handed over, as the consultants C&V had to conceed.

Passage 4: Page 176-177

One of the reasons our hearings were so spread out was that Mignini was fighting his own, separate legal battle to fend off criminal charges of prosecutorial misconduct. He and a police inspector working on the Monster of Florence case stood accused of intimidating public officials and journalists by opening legal proceedings against them and tapping their phones without proper justification.

To Mignini, the case smacked of professional jealousy because the prosecutors in Florence resented his intrusion on a murder mystery they had struggled for so long to resolve. But Mignini’s behavior had already attracted international condemnation, never more so than when he threw the journalist most indefatigably devoted to following the Monster case, Mario Spezi, into jail for three weeks. Spezi had ridiculed Mignini’s theories about Francesco Narducci, the Perugian doctor whom Mignini suspected of being part of a satanic cult connected to the killings.

In response, Mignini accused Spezi himself of involvement in Narducci’s murder - even though the death had been ruled a suicide. It was a staggering power play, and the international Committee to Protect Journalists was soon on the case. Spezi was not initially told why he was being arrested and, like me, was denied access to a lawyer for days. Even Mignini, though, could not press murder charges without proving first that a murder had taken place, and Spezi was eventually let out.

I firmly believe that our trial was, among other things, a grand diversion intended to keep media attention away from Mignini’s legal battle in Florence and to provide him with the high-profile court victory he desperately needed to restore his reputation. Already in the pretrial hearing, Mignini had shown signs of hypersensitivity about his critics, in particular the handful of English-speaking investigators and reporters who had questioned his case against us early on. He issued an explicit warning that anyone hoping he would back off the Meredith Kercher case or resign should think again. “Nobody has left their post, and nobody will,”Â he said. “Let that be clear, in Perugia and beyond.”Â

Just as he had in the Monster of Florence case, Mignini used every tool at his disposal against his critics and adversaries. He spied on my family and tapped their phones. He went after Amanda not just for murder, but also for defaming Patrick Lumumba - whom she had implicated under duress and at the police’s suggestion. He opened or threatened about a dozen other legal cases against his critics in Italy and beyond. He charged Amanda’s parents with criminal defamation for repeating the accusation that she had been hit in the head while in custody. And he sued or threatened to sue an assortment of reporters, writers, and newspapers, either because they said negative things about him or the police directly or because they quoted others saying such things.

Mignini’s volley of lawsuits had an unmistakable chilling effect, especially on the Italian press, and played a clear role in tipping public opinion against us. We weren’t the only ones mounting the fight of our lives in court, and it was difficult not to interpret this legal onslaught as part of Mignini’s campaign to beat back the abuse-of-office charges. His approach seemed singularly vindictive. Not only did we have to sit in prison while the murder trial dragged on; it seemed he wanted to throw our friends and supporters - anyone who voiced a sympathetic opinion in public - into prison right alongside us.

Dr Mignini was facing mild charges for what in fact judges had okayed and for which prison or a career fall were never in the cards. Over a year before the book was written, Dr Mignini’s total rebound and promotion after Cassation sharply repudiated a rogue prosecutor and judge in Florence had been widely reported upon. It is also widely known now that Spezi and Preston were mounting a malicious self-serving hoax.

Passage 5: Page 185

One other strange thing: Amanda and I were on trial for sexual assault, yet Stefanoni confirmed that a stain on Meredith’s pillowcase that looked a lot like semen was never tested in her lab. She made all sorts of excuses about how testing it might compromise the lab’s ability to use the pillowcase for other things. The semen might well be old, she added, the result of Meredith’s consensual sexual relations with Giacomo Silenzi.

This seemed extraordinary to my defense team, so much so that we asked for - and obtained - permission to inspect the pillowcase ourselves and soon discovered signs of semen on one of Guede’s shoe prints. How could the prosecution have missed this? If the semen was fresh when Guede stepped on it, that meant it must have been produced on the night of the murder. We thought long and hard about demanding a full analysis, but we did not trust the Polizia Scientifica as far as we could spit and were deathly afraid they might choose to construe that the semen was mine. So we held back.

The is hardly what the Scientific Police - a much-trusted collaborator of the FBI - are known for. All tests are done with defense witnesses there.

Passage 6: Page 216-217

As it turned out, Massei may not have been entirely correct to say there was no evidence that DNA results were used to fit a predetermined story line. Giuliano Mignini, of all people, had given a television interview a couple of months earlier in which he stated quite openly that he was looking for a certain result from the kitchen-knife analysis.

Mignini was asked by a special correspondent for the show L’altra metà   del crimine (The Other Half of the Crime) how he could be so sure my knife was the murder weapon when the DNA readings had come back “too low”Â and did not appear to conform to international standards. Mignini stuttered and danced around the question before replying in gloriously convoluted Italian, “Ho ottenuto di farlo risultare.”Â I managed to get it to come out right.

Never happened. As Cassation noted these so-called “international standards” which the consultants C&V misled the court about are simply a myth. The C&V laboratory and methods were disparaged by the Carabinieri lab in 2013.

Passage 7: Page 219-222

My family was not beating up on Amanda entirely without cause. What I did not know at the time, because they preferred not to fill me in, was that they were exploring what it would take for the prosecution to soften or drop the case against me. The advice they received was almost unanimous: the more I distanced myself from Amanda, the better. The legal community in Perugia was full of holes and leaks, and my family learned all sorts of things about the opinions being bandied about behind the scenes, including discussions within the prosecutor’s office. The bottom line: Mignini, they were told, was not all that interested in me except as a gateway to Amanda. He might indeed be willing to acknowledge I was innocent, but only if I gave him something in exchange, either by incriminating Amanda directly or by no longer vouching for her.

I’m glad my family did not include me in these discussions because I would have lost it completely. First, my uncle Giuseppe approached a lawyer in private practice in Perugia - with half an idea in his head that this new attorney could replace Maori - and asked what I could do to mitigate my dauntingly long sentence. The lawyer said I should accept a plea deal and confess to some of the lesser charges. I could, for instance, agree that I had helped clean up the murder scene but otherwise played no part in it. “He’d get a sentence of six to twelve years,”Â the lawyer said, “but because he has no priors the sentence would be suspended and he’d serve no more jail time.”Â

To their credit, my family knew I would never go for this. It made even them uncomfortable to contemplate me pleading guilty to something I had not done. It was, as my sister, Vanessa, put it, “not morally possible.”

The next line of inquiry was through a different lawyer, who was on close terms with Mignini and was even invited to the baptism of Mignini’s youngest child that summer. (Among the other guests at the baptism was Francesco Maresca, the Kerchers’ lawyer, who had long since aligned himself with Mignini in court.) This lawyer said he believed I was innocent, but he was also convinced that Amanda was guilty. He gave my family the strong impression that Mignini felt the same way. If true - and there was no way to confirm that - it was a clamorous revelation. How could a prosecutor believe in the innocence of a defendant and at the same time ask the courts to sentence him to life imprisonment? The lawyer offered to intercede with Mignini, but made no firm promises. He wasn’t willing to plead my cause, he said, but he would listen to anything the prosecutor had to offer.

Over the late spring and summer of 2010, my father used this lawyer as a back channel and maneuvered negotiations to a point where they believed Mignini and Comodi would be willing to meet with Giulia Bongiorno and hear what she had to say. When Papà   presented this to Bongiorno, however, she was horrified and said she might have to drop the case altogether because the back channel was a serious violation of the rules of procedure. A private lawyer has no business talking to a prosecutor about a case, she explained, unless he is acting with the express permission of the defendant. It would be bad enough if the lawyer doing this was on my defense team; for an outside party to undertake such discussions not only risked landing me in deeper legal trouble, it also warranted disciplinary action from the Ordine degli Avvocati, the Italian equivalent of the Bar Association.

My father was mortified. He had no idea how dangerous a game he had been playing and wrote a letter to Bongiorno begging her to forgive him and stay on the case. He was at fault, he said, and it would be wrong to punish her client by withdrawing her services when I didn’t even know about the back channel, much less approve it. To his relief, Bongiorno relented.

My family, though, did not. Whenever they came to visit they would suggest some form of compromise with the truth. Mostly they asked why I couldn’t say I was asleep on the night of the murder and had no idea what Amanda got up to.

Sollecito himself had for years kept Knox at extreme arms length, mirroring his family, implying Knox was more guilty than he, though irrevocable evidence ties him to the scene of the crime too.  He was never ever seen to stand up for her like this. Mignini and Comodi had NOT ONE CONVERSATION on these lines.  Apart from the case against Sollecto being strong, no prosecutor in Italy has any power to “do a deal” or allow a perp to “cop a plea”. To prosecutors’ own great relief, for protection these powers reside ONLY in the hands of a judge.


Monday, March 02, 2015

Laments: Short Scripts With Inspiration From The Usual Suspects

Posted by Grahame Rhodes




1. Lament At A Dimly Lit Table

Amanda: “I’m worried, Michael, just because I have sex with my dealer Frederico Martini they can use it to convictorize me and then I will be transported back.”

Michael slightly drunk…..“No worries Amanda. You don’t know the law and I do (hic) Did you bring the money by the way plus another bottle of wine? and anyway, what do you mean by convictorize?”

Amanda: .....“Well I don’t know. Bruce said I would be exterior-ronerated or something but I’ve never heard of that position. I wonder if that includes being tied up? He also said when he phoned me in the middle of the night that I would have to be evacuated. That does sound exciting too, I’ve never done that one either. Of course this was after he apologized for knocking me up so late.”

Michael: .....“Listen Amanda, the law in any case is made up of facts. I’m a judge and i’m in control of all the facts, hand me the bottle….........(he takes a long swig)

Amanda: .... But they will send me to jail….... Here give the bottle back.

Michael: .... “Of course you will be extradited, but consider what this will mean Amanda. You will be famous and your family will be very wealthy including the Moores and the Fischers not to mention all the TV promotions and the commercials that tell what kind of soap you use in Capanne. Do you still wash by the way?........Here! (He takes another long swig) Did you bring another bottle?”

Amanda: .....“But I’ll be in jail!!”

Michael:.... Ah yes but think of how wonderful your life will be in Capanne and how much money you will make for everyone including me. There will be books written about you. There will even be a reality TV series. Have you ever heard of Joan of Ark?

Amanda: ..... Oh yes she’s a hooker that lives two floors below me.

Michael:.... Now that would be the crowning glory to your life. The hooker with the heart of gold. HEY!!! Put down that knife.”

2. Lament Of The Invisible Security Guard

Steve sat behind his desk watching his phone in the hope it would ring. It was cramped in his office which was a converted broom closet and he always had to climb over the two packing cases that passed for his desk

He covered his ears in a vain attempt to block out the screaming. Yes! His wife was trying to sing again. Finally the noise stopped and so he poured himself a water glass full of gin and took another pill.

He looked at all the photos on the wall of which he was very proud, after all they had taken a lot of his time and effort to produce. There was the one with his arms around Dick Chaney and George W, or the other photo of him and Marilyn Monroe which he had signed “To Steve with all my love Marilyn”

The photo over the door though was his pride and joy which was the picture of him being awarded the star of bravery by Queen Elizabeth. Ah thank God for photoshop. He stared at the phone again willing it to ring, willing it to be Amanda so he could save her from the evil Mignini and his Chinese Pirates. He was obsessed with crime and with Amanda as well.

Also he had told anybody who would listen that he knew the real identity of Jack the Ripper. It was that rancid milk deliveryman who called on his wife every day whenever he was out.

That thought reminded him to get rid of all the frozen yogurt and multitude diary products the deliveryman always left behind. It had puzzled him as well because his wife was on a lactose free diet.

The phone still did not ring so he looked at his prize possession which was a photoshopped picture of himself on the rear deck of the presidential limo consoling Jackie Kennedy after the assassination.

Next to it the photo of him shooting Lee Harvey Oswald. Ah so much history. He took another pill and washed it down with gin. Suddenly the thought striking him, he picked up the phone and started dialing the British Secret Service because of his true identity, that of James Bond Moore secret agent, only he couldn’t remember the number so he put the phone back and waited again for Amanda to contact him but she never did.

Worst of all his wife had started screaming again. Not only that but he was out of pills. Douglas?

3. Lament Of A The Invisible Ex-Judge

The retired Judge’s mind was in a turmoil encased in a quandary which had was been once owned by Ringo Star.

Could it be?

He was faced with a dilemma made out of brown paper and string.

Was it possible that he had been wrong?

The ugly prospect of Amanda’s guilt stared him in the face.

He stared back trying to decide if a coat of paint would improve it but to no avail since the avail had dandruff. His mind was tossed on the horns of a dilemma that had been given to him by the famous KKK Grand Dragon David Duke.

Could he have been wrong he asked himself for the upseenth time?

He wished that he was still a judge on the bench in Camp Courageous.

People were scared of him then because he ruled his court with an iron fist, then with a wooden foot, then with a piece of string. Bailiffs were scared of his tongue lashings which he kept in a box in his desk.

He had even written a white paper on it and submitted it the judges weekly news but it had been rejected. Undeterred he had resubmitted it as a brown paper then finally an all leather one with an index made of string part three.

He emitted a long sigh, actually it was several short ones but the space between them was so short you couldnʼt tell the difference. He shook his head releasing a large colony of dust mites. Screaming they fell to the ground.

There was no avoiding it. He decided, since he had surrounded himself with questions made out of modeling clay, questions which had only one answer. It was obvious that Knox was guilty as charged.

He shook his head once more and asked a passing stranger if he had any money for a cup of coffee. With nothing else to do he sat there in the slough of despond and the rain wondering what the nemesis Mignini who had never heard of him was doing.

4. Lament Of An Invisible Store Salesman

Bruce Fischer was obsessed with Amanda Knox and considered her to be a fur—-fatale. He was furious for being unable to fur—-millierize himself with her fur—-brile ways and her fur—-natic need to fur—-mulate her actions.

He coughed up another fur—-ball and fur—-rowed his brow thinking about the fur—ar that Knox had caused. He thought about his fur—fathers and fur—bished himself with another drink.

How could she have been so fur—-brained as to fur—-nicate with all those fur—eners in particular the drug dealer Fur—-nando Martini when he himself “International fur—-rier to the Stars” was available.

For this he was fur—-ious at her having wasted her fur—tiellity when he could have done it for her. But if she comes around, he thought, then I will fur—-give her.

So…....... In a fur—-y and with a fur—lourish he unfur—-led the flag while looking fur—tive . The flag which fur—-ther fur—-nished the message which had caused the fur to fly.

Guilty as charged.

5. Lament Of A Daddy Wishing there Were More

Curt felt a twinge of conscious just below his left knee but ignored it and poured himself a glass of single malt Scotch and lit a cigar.

He lamented only that the gravy train was puffing slower these days.

Still, he had been very clever having separated so much money from his daughter Amanda’s fortune, or in this case misfortune. He livened up..

It had been such a busy time and once more, he was amazed at how easy it had been to put all the liberated money in his secret Cayman Island account.

Thank God for the stupidity of others such as the unsuspecting Chris who unwittingly had become the equivalent of his stooge. Gabby Hayes to his Roy Rodgers or Costello to Abbot or Stan Laurel to his Oliver Hardy.

He was amazed too that Edda had been fooled so easily considering his lifelong track record of never paying for anything without a fight.

He thought about the future and did an impression of Monty Burns on the Simpsons by saying, “Excellent. ” It was indeed wonderful since he knew Amanda would be extradited thereby guaranteeing all the extra money he would make from TV interviews, commercials or even a reality show.

As for his daughter, he could care less since for so many years she had been a drain on his finances plus an embarrassment.

Now of course she was a gold mine and with any luck he could keep this going for years. Ah yes! The future looked bright indeed. Now, if only I could find some more idiots such as Bruce and Steve who, thankfully, always did what his lunatic ex-wife told him to do.

He smiled once more. A smile that was just the same as his convicted daughters. A smile identical to those who have a dark secret. He laughed out loud and poured himself another drink and relit his cigar.


Thursday, February 19, 2015

Interview Part 2 With Kelsey Kay About Her Sad Experience With Serial Exploiter Sollecito

Posted by Ergon




1. Overview Of These Two Posts

Part One of the interview with Kelsey Kay can be read here.

She is the young American woman Raffaele Sollecito attempted to marry in 2013 in an effort to gain American citizenship.

As reported in Radar Online and thereafter other newspapers around the world Sollecito first suggested to Amanda Knox that they should get married.

“‘Raffaele told me that when he had been in Seattle in March, his lawyers and Amanda’s lawyers had a meeting where he had proposed the idea of the two of them marrying,” she told RadarOnline.

“˜It would’ve been natural to the public that the two of them got married. Raffaele proposed the idea to Amanda and her lawyers so that he could obtain citizenship in the United States and stay’.

This was shot down by Amanda, which caused him to look elsewhere and how he selected Kelsey Kay. As already reported, he pushed a bit too hard and that made her question his motives.

Having already been in a destructive relationship she realized he was using her and broke off the “engagement” even though he already had announced it to his family.

This was when he approached other women, including Veronica Drake in Australia, and moved to the Dominican Republic to look it over and explore the chances of opening a business there.

He had already planned to move away from Italy, moving his assets first to Switzerland then to another offshore account. It appears he knew even before the 2013 Supreme Court hearing that the Hellmann decision would be annulled.

What is especially interesting is that he went to visit Meredith Kercher’s grave near London just prior to that ruling, against the express wishes of her family. Did his guilty conscience drive him there?

As we come to the end of this long and contentious process we all need to remind ourselves why we got involved in this fight for justice for Meredith Kercher. So many reasons, so many stories that swept us all up in it. This is just one of them.

2. Part Two Of The Interview

E: The Sollecitos are blaming his co-writer Andrew Gumbel and Knox’s American friends for the defamatory content in his book. Gumbel says he’s only the ghost writer putting together what he was told. What do you know about him and Gumbel, and was part of the content provided by the Moores, Bruce Fischer’s group, or Frank Sfarzo?

KK: “I don’t know any of the details regarding how his book was composed besides that he received a lot of help with it. Despite all the American exposure he has had since 2007 his English is still pretty broken at times. He asked me how to word things he was trying to express while he was here so there had to be a great deal of help with the book. That’s all I know on that. I’m sorry.”

E: He has hinted in recent interviews that Amanda Knox went out alone that night, in effect withdrawing her alibi. What did he say to you, and what do you think he means when he says “she (Knox) has things to explain”?

KK: “At the time I met Raffaele his relationship was just beginning to sour with Amanda. He was being strongly advised to cut ties with her but he hadn’t convinced himself this was the right move yet. He did NOT mention her leaving that night without him. He did however mention footprints to my friend Shelly and I over Skype. He said something along the lines of they’ve found new evidence with the footprints.

He gave the impression that it would be damning for both him and Amanda. He was very bothered on that day by whatever it was they found and this was before it was broken to the media. He didn’t elaborate. Just said that the prosecution was trying to twist the evidence with the footprints in a way that wasn’t accurate. He was fidgety and nervous during the Skype call.”

E: He wrote in Honor Bound that his lawyer Luca Maori had a meeting with prosecutor Giuliano Mignini to discuss a possible plea bargain, which is illegal under Italian law. What can you tell us about that? And did he make any other allegations about prosecutor Mignini?

KK: “He told me that many times he was offered to be let out or have his sentence lessened if he would throw Amanda under the bus. He actually seemed to think himself quite the hero for not doing so. Ironic how now that he is faced with the gravity of the current situation he has distanced himself. He always has two personalities. The personal puppy dog like Raffaele his PR wants you to see and the Raffaele that operates out of fear and selfishness with no regard for how his actions will affect others. I really don’t have much to offer in the way of Mignini that isn’t already known to the public. His family is convinced he is a mad man and a criminal himself.”

E: As you know, Raffaele Sollecito’s appeal will be heard March 25, 2015. Do you have anything to say to him?

KK: “I’ll save my breath for someone worth my while”.

E: You’ve indicated you moved on. What have you learned from this episode of your life, and is there anything else you would like to say?

KK: “What I’ve learned… I could really go into extensive detail here. I’ll try to cut it down.

1. I am a mother first, foremost, and primarily. No one and nothing comes in between that. I would never do anything so stupid again. I have more to consider than myself.

2. Looks can be deceiving. I thought Raffaele was a victim. It turns out he was really just a pretentious jerk and a mass manipulator. I’ve spent more time getting to know people on a more personal level since.

3. I have learned more about the empowerment of women. I really enjoyed getting to know Veronica, another one of Raffaele’s victims. We confided in one another quite a bit. I have never met someone quite as self-deprecating as her. She was so unaware of her beauty and how wonderful she truly is. I hope she’s past that. She’s an amazing woman. Raffaele doesn’t deserve to leave a mark on her confidence.

The only thing left to say is the most important thing of all. I want justice for Meredith Kercher. The true victim in all of this. She’s the one who really matters. The rest of us are just footnotes in a tragic story that needs to come to a close. I wish her family peace and the truth. That’s all.”

E: Thank you.


Tuesday, February 17, 2015

Interview Part 1 With Kelsey Kay About Her Sad Experience With Serial Exploiter Sollecito

Posted by Ergon




1. An Overview

We’ve been following for many years how the friends of Amanda Knox had been encouraging Frank Sforza and Raffaele Sollecito to obtain green cards by any means necessary.

That was in the mistaken belief it would somehow grant them immunity from criminal prosecution and extradition for their crimes. They certainly seemed to believe that, and it is especially ironic considering the recent news of Knox’s most recent “engagement”.

Just a year ago Radar Online broke the story of Kelsey Kaypernick, the young American woman who was pursued for a while by Raffaele Sollecito with offers of marriage.

When this came out she was attacked by the usual suspects, with harassment continuing until recently. Ironically, she was told NOT to speak to Ergon 😊

I spoke to her then and offered a voice. That I was more interested in the human side. She was intrigued except she had to wait for her contractual obligation to end, then was affected by concerns for her safety.

I held off on writing anything for that reason, but kept in touch with her for a year. Having spoken to her by phone and through e-mails, I found her very intelligent and believable. She contacted me recently, agreeing to do the interview. It is presented here, in its entirety.

2. Part One Of The Interview

E: How are you? Have you been able to put this behind you? Why have you agreed to speak with us now?

KK: “I’m doing great, thank you so much for asking. After doing much research and watching the chips fall where they may with Raffaele post my article with Radar I realized a lot. I was truly a small amount of collateral damage. I think it would be stupid of me to continue to be hurt by someone like him.

Especially when I’m equally responsible for allowing him into my life in the first place. I’ve agreed to speak to you now because I am no longer afraid. It took me some time to realize that all the threats being made towards me were unfounded. I’m a mother, so I had much more than myself to consider. However, by allowing those threats to control me, I was letting him win. I’m done with that now.”

E: Many of Raffaele and Amanda Knox’s supporters have questioned your motives, and posted personal information about your past. Do you have anything to say to them?

KK:  “You know my name, not my story. Choose to fill in the blanks in whatever way is pleasing to you.”

E: Veronica Drake (in Australia) was told Raffaele Sollecito would be suing her. Have you ever been told legal action would be taken against you for speaking out?

KK: “Oh yes. Michelle Moore and Eve Applebaum made direct contact to threaten me. I also read threats made through his father and his lawyer. I had lots of contact with Noel Dalberth. She was mostly kind to me however.”

E: How did Michelle Moore and Eve Applebaum contact you and what threats did they make?

KK: “Eve emailed me directly, clearly she had gotten my personal email from Raffaele as I don’t hand it out. I give out my work email only. Michelle tweeted at me and I suspect called me from a blocked number.”

E: What is your impression of Raffaele’s relationship with Amanda Knox now?

KK: “What relationship? It seems non-existent to me.”

E: He did meet Amanda Knox in Seattle (in 2012). So, too, did his father and sister? Was it about their books only, for the publicity, or was their relationship soured already? Do you know why?

KK: “Sorry, I know nothing about that instance unfortunately.”

E: Have you ever met or spoken with a member of the Knox/Mellas family? Amanda Knox herself?”

KK: “I suspect I have had a conversation with Chris Mellas. I say suspect because my attacker hid behind a fake twitter. I was not allowed to speak with Amanda. Raffaele must have had his reasoning.”

E: What ID was used on Twitter by the person you suspect is Chris Mellas? What specific threat? Embarrassment, your past history, or?

KK: “@guilterwatchin or something along those lines. He threatened me in every way he could think of. Intimidation tactics, petulance, foul language and threats via twitter came my way for a few days after the article was published until someone advised me to block him. I have to say though, of all the people who have attacked me I found @guilterwatchin laughable. I mean really? A twitter attack.”

E: Were you surprised when you heard the news Raffaele Sollecito had been picked up by police close to the Austrian border?

KK: “Not at all. After all I found out firsthand that his intentions were to flee Italy. This goes right back to your inquiry about people questioning my motives. I’ve read some entertaining tales. In some of them I’m 17. In some of them I’m already married. In some of them I’m a money hungry whore. In some of them I was fat before my plastic surgery that I clearly got. I just laugh. You want to know my motives?

Well… ask yourself a few questions and infer what you want from the answers. Did any other women come out that the same thing had happened to them? Is it possible other women were spared the same fate? Did he get his passport taken away? Was he able to leave Italy? Well, there you go. I’ve said what I wanted. People can draw their own conclusions on my motives…. as is their right.”

E: Do you know why Raffaele Sollecito didn’t attend Amanda Knox’s big Vashon Island get together on July 26, 2013? Was he invited?

KK: “I have no knowledge of why. I do know that around that time their relationship had soured. He flew to Seattle when I called off the marriage and she refused to respond to his requests to see him. That’s what he told me anyways. I was extremely irritated when the first thing he did when I was having doubts was to flee to where Amanda lived but he assured me they were not on good terms and that she had refused to see him and was doing him an injustice. He described her as selfish. It’s actually comical to compare the relationship the media and their books paint that they have compared to what little I saw.”

E: Have you read the available court documents and pro-guilt arguments, and if yes, when and where?

KK: “I’ve read so many blogs on both sides I couldn’t begin to start telling you all the sources.”

E: After meeting Raffaele do you feel he could have written the book or was it mostly written by his co-writer?

KK: “There is no way Raffaele mostly wrote that book. He spends too much of his time contradicting it in reality. He was coached and took a back seat. In my opinion.”

E: After all you’ve learned about Raffaele, do you still believe him to be innocent?”

KK: “I’ve come to know Raffaele as a wolf disguised as a sheep. A liar. A fraud. A master manipulator with powerful resources. So do I still think he’s innocent? No. I wanted to believe he was. I no longer feel that way. I’ve been able to separate my emotions from common sense.”

E: After all you’ve learned about Amanda, do you still believe her to be innocent?

KK: “Again, No. But I didn’t get to know her like I did Raffaele. All I know is that it seems both of their stories are quite contradictory. There can only be one truth. If I was fighting for my life and I hadn’t committed the crime I was accused of I would remember everything like it had happened only a second ago. Neither of them seem to be on the same page. So therefore neither of them are believable to me.”

[Part two will follow in the next post]


See The Amazing Shrinking Raffaele Sollecito Live On National Italian TV

Posted by Peter Quennell





In this post of 7 February we quoted Italian sources on how Sollecito had yet again sold out Knox.

Now ericparoissien of PMF dot Org has added English subtitles for the full one hour. They show Sollecito progressively making things worse and worse for himself as well.

Clander has embedded six videos here (sign in) and (vital to read) a number of gotcha comments down below.

Months ago Knox was incriminating herself live on national TV as well. She has not appeared since. Maybe this is the last time we see Sollecito live as well.


Friday, February 13, 2015

The Sollecito Trial For “Honor Bound” #7:  Why It Also Threatens Amanda Knox

Posted by Peter Quennell



Cover of the New York Post (owned by a probably gleeful Rupert Murdoch) this week


We will soon be posting several hundred easy-to-disprove lies we have identified by Knox. 

Late March Cassation will probably rule that Knox needs to go back and serve her time, and if so between then and late-year there will probably be an attempt at a big media fuss.

But lying to the US media and public in the next few months is going to be a more-than-normally dangerous game.

Brian Williams is the news anchor for the NBC network’s nightly news, who was often a guest on late-night comedy TV, where he made himself look super-sized.

William was just outed by soldiers who had complained that he lied when he said a helicopter he was in in Iraq took shots and was forced down. That was another helicopter in a companion group out of sight.

He’s now suspended, without pay, and his contract does not let him talk. Death by 1000 cuts and (like Sollecito and Gumbel) without making things worse he cannot talk back.

Williams was long suspected of lying about his experiences when Hurricane Katrina hit new Orleans in 2005.

Williams had made several questionable claims in interviews and a documentary: He witnessed a suicide at the Superdome in New Orleans, saw a body floating by his hotel in the French Quarter and had contracted dysentery from accidentally ingesting floodwater.

Throughout Thursday, Williams was pounded by bloggers and newspaper columnists, who noted that he hadn’t reported the suicide when he was on assignment in New Orleans, that the French Quarter had largely remained dry during the hurricane and that there were no reported outbreaks of dysentery.

Today the reports get worse: it seems Williams also lied about being on a flight with some Navy SEALS as well. And there is said to be worse to come.

And who is entangled in this bad news? Bob Barnett, Williams’ lawyer, who brokered Williams’ $10 million a year contract a few weeks ago.  He also brokered Amanda Knox’s book full of lies to the US.

Bob Barnett will not want to see Knox and her dishonest team draw attention to this by telling the US media and public yet more easy-to-disprove lies. Defending one big-time liar will be more than enough.

By the way, the big expose of Gumbel’s lies is still ahead. Those by Preston, Heavey, Fischer, Moore, etc, too. Knox should maybe dump them all, and give up her foolish fight.

When one is in a deep hole, the best advice is to stop digging, right now.


Wednesday, February 11, 2015

The Sollecito Trial For “Honor Bound” #6: Examining Gumbel’s Role In Biasing The Book

Posted by The TJMK Main Posters



Andrew Gumbel seen in a shrill 2014 CNN report, perhaps the least balanced so far 

1. Bringing The News Up To Date

On 5 March the Florence court will replace the prosecution’s translation of the target claims in the book with its own translation.

And Sollecito and Gumbel will probably be ordered to stand public trial then.

Both the prosecution and the guiding magistrate have as usual in Italy played immensely fair in this case. Each gave Sollecito and Gumbel numerous opportunities over more than a year to try to explain and justify certain target passages in a way that gets them off the hook. In further fairness the hearings have all been closed.

What leaked out after the last hearing in Florence a couple of weeks ago suggested that Sollecito has yet to come up with any justification at all. He was said to look dazed and depressed.

Gumbel was not in court. But his lawyer apparently claimed that Gumbel was merely a sort of well-meaning sheep: Sollecito’s ghost writer, nothing more, who faithfully took down only what he heard from his client.

This has apparently not gone down at all well in the Sollecito camp.

The Sollecito family and legal team has long hinted rather publicly that Gumbel did a number on them, an end-run. Francesco Sollecito and the family and Sollecito’s lawyers Giula Bongiorno and Luca Maori had all claimed within several weeks of the book coming out that numerous passages in the book were malicious and untrue. Sollecito himself denied that he put them in.

The Sollecito family and legal team have also hinted ever since that Gumbel and some American Knox cronies with self-serving agendas (suggested on pro-Knox websites to have been Steve and Michele Moore, Frank Sforza, Bruce Fischer, maybe some more) had recklessly put dangerous unfounded claims in the final draft of the book.

Those claims (now the main subjects of the Florence trial) were seemingly never put into Italian and run carefully by them. No proper due diligence was done, and as a result they have been left holding the can. And all this under the cold eyes of the Supreme Court, which must rule in six weeks whether Sollecito makes things up. 

2. Smart Rules For Ghost Writers To Avoid Trouble

This is hardly the first time a ghost writer and their client have fallen out. It is a touchy trouble-prone profession not governed by formalised training or an established code of ethics, where getting sued or not getting paid is quite a frequent thing.

Some of those who do it full-time and have had their share of trouble and want no more of it and want to alert others have posted their own suggested groundrules online.

For example, both client and ghost writer are well served by spending a few days checking out each other. Then they make a contract where literally everything needs to be spelled out.

Ghost writers need to take extreme care with clients in legal trouble who might drag them in or who they might drag in further. They need to be clear whether they are to research on their own, and to whom they are permitted to talk.

They need to know whether their name will be on the cover or anywhere inside the book. They need to know whether they have a licence from the client to do related TV and print articles, especially if those pay a separate fee, and what they are allowed to say.

They need to try to capture honestly the client’s voice and not turn them into someone they are not. They need to know what facts to put in and to be clear what facts are consciously left out. They need to do due diligence on the drafts with the agent and publisher and lawyers, and if allowed check out dynamite claims with “the other side”.

And if any accusations of crimes are to be made they REALLY need to check those legal hot potatoes with the client and the lawyers and the publishers, line by line. 

Gumbel seems to have ignored pretty well all of these groundrules, and dug Sollecito in much deeper.

Knox’s ghost writer Linda Kulman (more experienced than Gumbel at this and with no axe to grind) seems to have followed some but not all of these guidelines. Her name is only in the Knox book once, in a short thankyou note by Knox at the back, and she remained low-key and made no separate statements.

Nevertheless, Linda Kulman had the Sollecito book as a (then) largely unchallenged model. She included in the book a number of false accusation of crimes and malicious ridicules of others, none of them properly checked out, which will have Knox in court for sure before too long. (Oggi is already in court for repeating some of her claims.)

Linda Kulman also included an entire chapter about Knox’s “interrogation” where every detail is made up. She included a lengthy claim that Mignini did an illegal interrogation of Knox, when in fact he wasn’t even there. And she left out numerous key facts, such as that Knox was having sex with a major drug dealer almost to the day of her arrest, and most of the evidence.

Linda Kulman certainly dd not capture Knox’s real voice or mode of behavior, which are notoriously brash and possibly the root cause of Meredith’s murder.

3. Flashing Warning Lights In Italy In 2012

If the Sollecito family and team did not know all of the above, it would seem to be Sharlene Martin’s fiduciary duty as book agent for Sollecito to make sure both they and any ghost writer they hired did know.

For their part, the Sollecito team should have done their own due diligence in Italy, and perhaps looked around for an experienced ghost writer in Italy who could converse with all of them and show them in Italian what would be in the book. And in particular known about and been respectful of this which was in our first post.

On 3 October 2011 Judge Hellmann told RS and AK they were free to go, despite the fact that no legal process for murder and some other crimes is considered final in Italy until no party pursues any further appeals or the Supreme Court signs off. Most still accused of serious crimes (as in the UK and US) remain locked up. Hellmann, pathetically trying to justify this fiasco ever since, was firmly edged out and still the target of a possible charge.

Other flashing warnings should have made Sollecito’s family and legal team and book writers very wary. They included the immediate strong warning of a tough prosecution appeal to the Supreme Court. They also included the pending calunnia trials of Knox and her parents, the pending trial of the Sollecitos for attempting to use politics to subvert justice, the pending trials of Spezi, Aviello, and Sforza, and so on. 

A major flashing warning was right there in Italian law. Trials are meant to be conducted in the courtroom and attempts to poison public opinion are illegal. They can be illegal in the US and UK too but, for historical reasons to do with the mafias and crooked politicians, Italian laws in this area are among the world’s toughest. So mid-process, normally no books are ever published


4. Warning Lights About A Hasty Gumbel Contract

Many of the problems in the book are associated with a strident anti-Italy tone.  Well over half the false claims taken apart in this May 2014 post are FACTUALLY wrong in areas where Sollecito has no known knowledge or point of view.

For example, it was claimed that the Italian justice institutions are both very unpopular and corrupt. Neither is true, and almost no Italians believe that.

Sharlene Martin was first mentioned as Sollecito’s agent in the NY Times on 5 December 2011 when Sollecito had been swanning around the US west coast in an apparent attempt to, well, get her back in the sack. He was in a weak mode.

On 10 January 2012 Francesco Sollecito was reported in the Journal of Umbria as saying this about the purpose of the book 

“I have not done the math [the lawyers etc costs]. For good luck. I will do it after the ruling of the Supreme Court. It will be painful because the figure of one million euro of which one speaks is not far from reality.” This was stated to the weekly Today, on newsstands tomorrow, by Francesco Sollecito, father of Raffaele.

According to [Francesco] Sollecito, in case of confirmation of absolution, then there will be 250-300,000 euro compensation provided for the unjust detention of his son, this money will be enough only to pay the fees of the 12 consultants “that we had to appoint to succeed to refute the allegations.”

In the interview with the weekly, Francesco Sollecito denies that Raffaele has a girlfriend, as reported after the publishing of photos while kissing a girl: “Annie, the girl who appears with him in photos on Facebook is just a friend, in fact a sorta of cousin… “The priorities of my son right now are otherise.” What? “Raffaele has signed a contract with the American literary manager Sharlene Martin for a book, it is a definite undertaking “.

Apparently at this point Sharlene Martin had not been to Italy or spoken face-to-face with Francesco or the legal team. Whether she had briefed herself on the warning lights described above so that she could properly warn the US team of writer, editors, publishers and publicists is not known. 

5. Gumbel’s Shrill Record Of Sliming Italy

On 12 February 2012 Andrew Gumbel is reported in the NY Times as having got the co-writer job. During that period due diligence (if any) on his background would have been done, seemingly mainly by Sharlene Martin (if any) as a complaint of Sollecito’s team is that they could not look him over before he came on board.

Andrew Gumbel is not a lawyer, and in fact our own lawyers have repeatedly found silly his pretentious and inaccurate legal claims. Nor as far as we know does he have a track record as a ghost writer. His main claim to the job seems to have been based on his having been based in Italy with the UK Independent for nearly five years in the 1990s.

The 1990s were a pretty good time in Italy.

There was okay growth and jobs availability, record tourism, relative political calm before Berlusconi grabbed political and media power, many successful farms and firms, and a really push against the mafias - for which many brave judges and prosecutors had died.  The Italian food and wine were great, the cars and luxury goods were great, and Italy was home to about half of the finest medieval art in the world.

We checked it out: foreign reporters in Italy at the time did a fair and balanced job reflecting all of this. With seemingly only one notorious exception: the British reporter Andrew Gumbel for the UK Independent.

Apparently Gumbel could find almost nothing to like about Italy. In 5 years almost nothing to write a positive report on.

Brits relying only on his shrill reporting in the Independent may have thought Italy to be a very corrupt, lawless, politically and economically dysfunctional place, with nothing about it to like and no reason to visit. If they were bigoted, this could have made them more-so. Nasty stuff, and for foreign reporters in any country anywhere very unusual.

Below are the headers for most or all of Andrew Gumbel’s shrill reports from Italy.

Fair and balanced? The right guy for a delicate project with his client in a delicate legal bind? You decide.  We have highlighted in yellow all the reports with a negative bias, maybe true, maybe not. Of the total of 62 reports only 4 seem to us neutral or nice. Were the Sollecitos or their Italian lawyers or HarperCollins made aware by Gumbel or Sharlene Martin of Gumbel’s emotional negative bias?

    1. Gumbel Articles On Italy’s Government + History (25)
  • A sick economy shakes out the fake invalids. (growing economic problems in Italy make corruption less acceptable)
  • Bickering while Venice sinks.
  • Can Italy survive Dini’s fall? (prime minister Lamberto Dini)
  • Chirac consigns Italy to Europe’s second division. (French president Jacques Chirac)
  • Corruption on an Olympian scale.(Rome, Italy, seeks to host Olympic Games)
  • Facing up to Italy’s crisis. (Italy’s economic problems)
  • Glitz takes a back seat on road to Rome. (Romano Prodi begins electoral campaign in Italy) (Interview)
  • How the kidnap and rape of Dario Fo’s wife was ordered by Italy’s right-wing rulers.
  • Illegal migrants reach EU havens via Italy.
  • Italy waits for the gravy train to be derailed. (problems facing Italian railway system)
  • Italy ready for mission impossible: intervention in Albania could bring instability to Rome.
  • Italy heads back into a political void.
  • Italy struggles to shake off the legacy of Mussolini.
  • Italy’s Olive Tree fails to bear fruit.
  • Italy’s rich city prays for fall of nation state. (citizens of Bologna, Italy, strongly in favour of European Union)
  • New wave of state corruption stuns the Italians.
  • Past demons threaten Italy’s bid for change. (Italy fails to move towards a SEcond Republic)
  • Prodi’s dilemma: let the left win or surrender Italy’s drive towards Emu. (Italian Prime Minister Romano Prodi)
  • Rome’s magic circle. (deterioration of the Colosseum in Rome, Italy)
  • Scholars in a spin over Churchill link to the death of Mussolini. (claims that Mussolini was shot by British secret services)
  • Shouting could drown out Italian democracy. (serious political clashes damage reputation of Italian parliament)
  • So, were there offers he should have refused? (trial of Giulio Andreotti)
  • The Nazi and the protection racket. (controversy over trial of former Nazi Erich Priebke in Italy)
  • Venice’s grand opera descends to farce. (dispute hampers rebuilding of La Fenice opera house)
  • Why Italy cannot bring war criminals to justice.
  • 2. Gumbel Articles On Italy’s Scenery, Art, Music, Fashion, Culture (2)
  • Il Papa brings on Dylan for a taste of the devil’s rhythms. (Bob Dylan to perform for Pope)
  • Inside the Assisi basilica, a sight to make saints weep. (challenges involved in restoration of art treasures from Basilica of St Francis in Assisi, Italy)
  • 3. Gumbel Articles On Italy’s Economy + Business (8)
  • A nation that brings its style to the track. (many changes to Italian rail network)
  • All is not bene among the united colours. (problems facing Benetton)
  • Berlusconi consolidates his rule over the Italian air waves. (former prime minister Silvio Berlusconi)
  • Ciao Gianni, but now what? (Gianni Agnelli resigns as chairman of Fiat)
  • Climax of Italy’s TV war. (referendum on whether Silvio Berlusconi should sell his television channels)
  • Italy’s new crop stifled in the shadow of a paradise lost.(problems affecting the Italian motion picture industry)
  • Murdoch pursues Italian television. (News Corp seeks stake in Silvio Berlusconi’s media empire).
  • The dark world behind Versace’s life of glamour. (murder of fashion designer Gianni Versace)
  • 4. Gumbel Articles On Italy’s Justice, Crime, Corruption,  Mafias (24)
  • Accidental death of an anarchist comes back to scandalise Italy. (three men convicted of murder of police commissioner Luigi Calabresi in 1972)
  • A fashion label that really is to die for .... (murder of fashion designer Maurizio Gucci may have been instigated by his former wife)(Column)
  • After the suicide, a wall of silence. (new type of Mafia activity in Sicily)
  • Amnesty offers Italy chance to forget its years of terror. (Italian government pardons six people involved in Red Brigades terrorist group in 1970s)
  • Andreotti to face trial on Mob links. (former Italian prime minister Giulio Andreotti to stand trial for consorting with the Mafia)
  • Another black mark against Italy’s judges. (Italy’s anti-corruption magistrates lose their credibility)
  • Arrest us, but we’ll be back next week. (three Italians with Aids use legal loophole to rob banks)
  • Backlash threatens to silence informers. (controversy in Italy over Mafia informers)
  • Bloody end of a fashionable affair. (murder of Maurizio Gucci)
  • Fake invalids at heart of Italy’s postal scandal. (postal service employs many invalids, but some are fakes)
  • Fear and loathing in the Alto Adige. (serial killer murders six people in Merano, Italy)
  • Godfather’ village baffled by murders. (Sicilian town of Corleone)
  • God’s Banker: ‘He was given Mafia money and he made poor use of it.’ (investigation into death of Italian banker Roberto Calvi in 1982 may soon be concluded)
  • Gucci: hell for leather. (Patrizia Gucci convicted for contract killing of former husband Maurizio Gucci)
  • How Cosa Nostra’s cunning outfoxed the Italian state. (Mafia’s criminal network still operating in Italy)
  • How Italy failed to trap its Monster. (failure to bring serial killer in Florence, Italy, to justice)
  • Italy’s men of violence throw off the state’s chains. (revival of the Mafia in Italy)(includes details of murder of magistrate Giovanni Falcone)
  • Mafia trawls Venice’s dark lagoon. (organised crime in Venice, Italy)
  • Mysteries unravel as mafiosi spill secrets. (Italian gangsters make confessions)
  • One woman’s dangerous and lonely battle to break the Cosa Nostra. (challenges facing Maria Maniscalco, mayor of San Giuseppe Jato, Italy)
  • Rome turns a blind eye to Mafia’s killing spree.
  • Secret of why the Mafia has never shot a soul. (code of silence about Mafia in Sicily)
  • Street wars in Italy’s wild south. (high crime levels in Naples, Italy)
  • Who killed Pasolini? (new film about the murder of Pier Paolo Pasolini)
  • 5. Gumbel Articles On Italy’s Physical Disasters (3)
  • After the deluge (eruption of Mount Vesuvius in Italy will create chaos)
  • Assisi in mourning as quake shatters Basilica of St Francis.
  • Umbria shows the civilised way to cope with calamity. (effects of series of earthquakes in Italy)


6. Conclusion And Next Posts

This list was checked out with half a dozen posters resident in Italy at the time. All of their reactions were to the effect that, in lying by omission, Gumbel did not play fair with Italy back then. A trivial mind. One which should have been fought off with a stick.

The next posts seek to identify what Gumbel and the Knox misrepresenters (said to be primarily the Moores, Sforza and Fischer) were responsible for putting in the Sollecito book, and to describe Andrew Gumbel’s vigorous public media campaign. Whether authorized or not authorized, he made around 20 shrill damaging interventions.


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