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Category: Rudy Guede

Monday, September 15, 2014

Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

Posted by Cardiol MD



Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

Overview Of This Series

Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

Prior Preparations And Procedures

Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present ““ the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions ““ such as leading questions, and Inadmissible Hearsay ““ and also ask questions to the witnesses and experts.

Ground Covered In Dr Chiacchiera’s Testimony

    (1) He found Knox and Sollecito uncooperative when he asked them questions.

    (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

    (3) Phone records and the police investigation into the accused phone activity the night of the murder.

    (4) Discovery of pornographic magazines at Sollecito’s house.

    (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


My Assessment Of This Court Exchange

It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

(GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

Public Prosecutor Comodi [MC]

MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with “¦ the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

{Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

{Examiner asks another triple-question}

MaCh:  Yes.

{Witness simply answers question as worded by Examiner}

MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

{Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

{Witness begins appropriate narrative response, but Examiner interrupts}

MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

{Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was “¦ he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

{Witness supplies correct source-number and resumes interrupted narrative response}

MC:  The Perugia Forensics?

{Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

MaCh:  The Perugia Forensics, I highlight, yes.

{Witness emphatically agrees with Examiner's question}

MC:”‹[They were] alerted by you, or ...?

{Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

MaCh:”‹Alerted by the operations room, and also alerted by me.
,
{Witness responds to invitation, or interrupts with A to assumed complete Q}

MC:”‹So you arrive, and who do you find?

{Examiner's 1st simple Q.}

MaCh: “‹I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

{Witness answers Q in reasonable detail}

MC:”‹In the person of”¦?

{Examiner seeks more detail re specific Postal Police Personnel}

MaCh: “‹Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] “¦ I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

{Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

MC: “‹So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

{Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

MaCh:”‹Inside the garden of a villa that is in via Sperandio.

{Witness responds appropriately}

MC:”‹In via Sperandio.

{Probably a Q, but implicitly inviting more specificity}

MaCh: “‹A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

{Witness flounders, seems unable to be more specific}

MC:”‹A field

{Probably a Q, but implicitly inviting more specificity}

MaCh: “‹It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street ““ the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

{Witness seems to be in informal conversational mode}

MC: “‹From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

{Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

MaCh: “‹Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio ““ because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

{Witness responds to Q with detailed narrative}

MC:”‹Why?

{Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

MaCh:”‹Because the door did not show”¦ the entry door to the villa did not show signs of break-in. The we checked “¦

{Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

MC:”‹We are not talking about the villa on via Sperandio obviously?

{Examiner interrupts with Q, apparently not comprehending Witness's narratives}

MaCh: “‹For the love of god! It was called a “villa” “¦ (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not “¦

{Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

MC:”‹The dark-green wooden ones?

{Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli's window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

MaCh:”‹The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis”¦

{Witness amplifies narrative response but is interrupted by Examiner}

MC:”‹Of theft.

{Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

MaCh: “‹Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates “¦ We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

{Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

MC:”‹Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

{Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

MaCh:”‹Ah! I didn’t remember it as being so big.

{Witness recognizes unspecified exhibit}

MC:”‹Precisely! You saw it? This is the rock that ...

{Examiner engages witness, stating it is "the rock".}

MaCh:”‹Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
However, it’s big, it’s huge.

{Witness engages Examiner, commenting on how large the rock exhibit is}

MC:”‹Do you consider that it could be this?

{Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

MaCh:”‹I believe so.

{Witness seems to overlook ambiguity of Q with vague A)

MC:"‹I try "¦

{Examiner begins to speak but is interrupted}

Judge Massei [GCM]:”‹How?

{Court interrupts as if to ask Q how Examiner 'tries'}

MC:”‹It is this. Yes, it is this one that was collected, yes, that was found.

{Witness seems to confirm that exhibited rock is the rock found in Filomena's room}

GCM:”‹So the rock is shown. [NdT: an “aside” for the court records?]

{Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

MaCh:”‹Inside the room where we then found the rock…
??:”‹But what was the question about the rock?

{Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

GCM:”‹If this was the rock. And the witness said ...

{Court begins explanation to confused witness}

MaCh:”‹I said yes. Yes.

{Witness interrupts Court - confusion reigns}

GCM:”‹You saw it? You saw the rock?

{Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

MaCh:”‹Yes.

{Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

GCM:”‹When you saw it, where was it?

{Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

MaCh:”‹The rock [was] in the room of Romanelli.

{Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli's room}

GCM:”‹How far from the window? Can you say?

{Court continues to seek clarification using double-Q.}

MaCh: “‹A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

{Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

GCM:”‹So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

{Court apparently begins to seek verification of witness's testimony, but is interrupted}

MaCh:”‹Mr President ....

{Witness begins to Interrupt Court}

GCM:”‹... away from it approximately.

{Court finishes his interrupted statement}

MaCh:”‹Yes.

{Witness agrees with Court's completed statement}

GCM:”‹And this is the rock. You remember it.

{Court states his understanding in form of Qs.}

MaCh:”‹Yes, yes, yes, yes. That is the rock.

{Witness impatiently agrees with Court's understanding}

MC:”‹At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

{Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

MaCh:”‹At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

{Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

MC: “‹Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the “¦ on the windowsill, let’s put it that way.

{Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

MC:”‹The outside one.

{Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

MaCh: “‹The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters ““ the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one “¦

{Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

MC:”‹Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

{Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

Giulia Bongiorno [GB]: “‹I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

{GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

MC:”‹But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

{Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

MaCh:”‹It happens to us too, at times, to reason/think rationally “¦

{Witness joins colloquy, amplifying Examiner's argument.}

GCM:”‹These reasonings/deductions, then determined your investigative activity in one direction rather than in an “¦?

{Court seems to invite further amplification by witness}

MaCh: “‹Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach ““ I won’t say conclusions ““ but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken “¦ a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as “¦ (overlap of voices).

MaCh:”‹”¦ particular.

{Witness further amplifies narrative}

GCM:”‹You formed these considerations, and what did they lead you to?

{Court asks simple Q.}

MaCh: “‹That very probably the author or authors knew the person, or at any rate that the author or authors did not enter “¦ did not enter from the window-pane of that window.

{Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

GCM: “‹Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, “¦ there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

{Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
_________________________________________________

This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

Analysis of Chiacchiera’s Testimony will continue in a future post.

 


Saturday, September 13, 2014

Those Channeling Funding To RS And AK Should Definitely Take Note Of This

Posted by The TJMK Main Posters



GoFundMe has dropped this page of Sollecito’s which was soliciting funds under false pretenses


The increasingly tough American bloodmoney laws (Son of Sam laws) were described here and here.

These laws are operable at the federal level and in most states. The tendency is for the laws to be made more and more tough, and to spread the net of who could be charged more and more widely.

Book publishers and TV networks have armies of lawyers who usually step in smartly to stop them being party to illegal money flows. All American TV networks have codes of ethics which prevent fees being paid that reward a crime.

The bloodmoney net could be spread widely in the Perugia case if the Republic of Italy requests the invoking of these laws against Knox, Sollecito, their families, and the in-it-for-the-money opportunists such as Sforza, Fischer, and Moore.

Their PR help also appears to be at risk, along with the shadow writers, book agents and publishers of the two books.

Sollecito might have got a blessing in disguise then when GoFundMe the private-purposes fundraising site closing down his begging page (image above) after around $40,000 had been conned from the sheep.

GoFundMe did that as part of a move to keep the company and the site away from controversy and the long arm of the law. This move is fairly typical of a broad trend on the internet as courts increasingly sentence harrassers, abusers, swindlers and money-grubbers to tough terms.

Making money out of crime has never been a walk in the park, and anything gained rarely goes very far.

Trying to make money illegally is fundamentally why OJ Simpson (images below) is serving a term for armed robbery east of Reno in Nevada - and in that case he considered the property he was robbing at a Las Vegas casino hotel was actually his own.

In his case his wife and a friend were found slashed to death at her home a mile or two from his. Simpson nearly fled the country before trial, then he won an acquittal at criminal trial, and then he was convicted at a wrongful-death civil trial. Wikipedia explains.

On February 5, 1997, a civil jury in Santa Monica, California, unanimously found Simpson liable for the wrongful death of and battery against Goldman, and battery against Brown. Daniel Petrocelli represented plaintiff Fred Goldman, Ronald Goldman’s father. Simpson was ordered to pay $33,500,000 in damages. In February 1999, an auction of Simpson’s Heisman Trophy and other belongings netted almost $500,000. The money went to the Goldman family.

To avoid ever making any of the required payments to the Goldman family, Simpson squirreled assets and income away.

The items he wanted back at the point of a gun at the Palace Station hotel and casino would have been worth a lot. But instead this foolish financial crime could cost him up to 33 years.

Our take is that Sollecito may have squirreled away some of his gains, and Knox may have squirreled away much more. US law enforcement is capable of finding those payments if asked and if Knox’s family and paid help don’t press her to cough up.

Hopefully it will be made to sink into that Knox’s panhandling (she is still at it via her website via Paypal) was not such a good idea.















Wednesday, February 26, 2014

How Claims By Perpetrators & Their PR That THEY Are Victims Get Equal Pushback

Posted by Peter Quennell



[Florence prosecutor Giambartolomei will soon confront many false claims ]


To the considerable pain of victims and their loved ones, Italy’s has become one of the most pro-defendant justice and penal systems in the world.

That doesn’t mean that it has become a complete pussycat. Push it, and it usually pushes back harder in its search for the truth. And the quality Italian media goes along. 

Time and again the ill-conceived short-term PR and legal tactics for Knox and Sollecito based on a hurricane of lies have left them in terms of the ultimate end-game worse off than they were before.

Judge Matteini and Judge Micheli (the judges in 2008) both took firm lines with the copious evidence and the psychological tests of AK and RS in front of them.

Both judges took a line as firm as the prosecution (as firm as the “evil Mignini”) in concluding that there was a drug-fueled hazing escalating to murder with sexual aspects (however short the timescale of the intent).

[Ed note: See comment by Yummi below which explains the above a little differently. PQ.]

Though his panel of judges voted unanimously for guilt, Judge Massei in 2009 did take a somewhat less firm line in the sentences, after observing one daffy defendant and one very nervous defendant sitting in front of him for nearly a year. Judge Massei for no especially convincing reason

(1) pinned the initiating of the attack on Rudy Guede (really?!) and

(2) handed Knox and Sollecito (and thus Guede) quite a break with his supposed “mitigating circumstances” (the duvet over Meredith’s body) resulting in 20 years lopped off their combined sentences.

Both the defenses and the PR were weak and largely futile in that year. But come 2010 the dirty tricks moved into overdrive.

Cassation reverted to the firmer line in January 2011 when it ruled on Guede’s final appeal: Guede was a party to the murder, but copious evidence proved he did not act alone. 

The Hellmann appeal court and DNA consultancy and verdict of 2011 were corrupted (counter-measures are still quietly playing out) which fully explains its startling soft line.

Thereafter the Italian courts observed the illegal blood-money binge with the essentially fictional books of Sollecito and Knox, and two years of them each claiming to ill-prepared interviewers “we’re the real victims” on TV.

Cassation observed all of this, annulled the corrupted Hellmann court verdict, and issued instructions in June 2013 to the Florence appeal court to ensure that the firm line should be maintained. Unsurprisingly, we have seen a firm line from the chief prosecutor (Crini) and a seeming firm line from the lead judge (Nencini) in recent weeks.

In the rest of this year Italy will see at minimum these events where the court’s firm line will go on and the babbling and unhelpful legal and PR tactics may finally dry up.

    1) RS and AK continuing to babble for a while on TV as they each dig the other one deeper. Sollecito has just said that his saliva or sneezing may explain why his DNA was on the clasp of the bra.

    2) The sentencing report of Judge Nencini is due at the latest on 30 April and he seems likely to give space to rebuttals of any bizarre new claims made by Knox and Sollecito before 30 April like the one just above. 

    3)  The obstruction of justice trials of witness Luciano Aviello and incessant meddlers Mario Spezi and Frank Sforza will continue, probably though into 2015. Each of those trials could result in others (like Spezi ally Doug Preston and Sforza allies Bruce Fischer and Steve Moore) being declared at minimum persons of interest if not actually charged.

    4) Florence prosecutor Giambartolomei Firenze (image above) may soon be announcing which passages in Sollecito’s book Honor Bound criminally defame Italian officials or deliberately miscontrue hard facts in evidence in an illegal attempt to to poison public opinion against the court.

    5) Similarly soon after on Amanda Knox’s book with the surreal title Waiting To Be Heard (and on Knox articles and interviews in Oggi) by the chief prosecutor in Bergamo. 

    6) Cassation’s First Chambers should be the one to handle Knox’s and Sollecito’s final appeal. They handle murder cases and they issued the guidance to Florence in 2010.

    7) If so, they should take note of such revelations by way of Judge Nencini’s and Prosecutor Crini’s reports; and this next autumn or winter may finally declare a firm “confirmed guilty” final-appeal outcome and invite Knox to come back.

And when prosecutor Giambartolomei Firenze announces which claims are radiocative, hopefully a major hush will come over Heavey, Fischer, Bremner and Moore.


Tuesday, February 11, 2014

The Much-Demonized Rudy Guede Is Back In The News And Increasingly Threatening

Posted by Peter Quennell





Rudy Guede has long DELIBERATELY been demonized so that the attack on Meredith can be assigned to him alone.

This description of Guede’s early days in the Ivory Coast and Perugia in the excellent Darkness Descending by Paul Russell and Graham Johnson remains the ONLY one that fully checks out. Certainly not that by the dishonest PR shill Nina Burleigh.

Guede wasn’t especially an angel, and some in Perugia were iffy about him. But he had real friends, and up north he held a real job with a real career future, until that prospect imploded and sent him haplessly back to Perugia.

Late in October 2008 Judge Micheli discounted all that Guede ever said about his role in the attack on Meredith in various conversations and statements, and sentenced Guede to 30 years.

But Judge Micheli also concluded that there was no firm evidence either that Guede acted alone or that Guede was a drifter, drug dealer, knife wielder or burglar (Micheli was very sharp with one witness who claimed Guede may - may - have broken into his house).

In 2009 through his lawyers Guede enquired of the prosecution whether he might testify at the Knox-Sollecito trial.

But the prosecutions’ hands were already tied by the indictments and they (rightly) believed they had a really strong case regardless of anything Guede could add.

At the 2009 trial the defenses pussyfooted around and never settled for a firm position on Guede. They floundered in their subdued attempts to prove that Guede or somebody else unknown was the so-called Lone Wolf.

The Lone Wolf theory is really a zombie theory with so many stakes through its heart that no court will ever take it seriously.

Guede’s steadfast fallback position before and since was that he was only in the house on the night of the attack because Meredith invited him to come in and they began love-making.

At his late-2009 first appeal and also at Sollecito’s and Knox’s 2011 appeal before Judge Hellmann, he increasingly firmly pointed the finger at Knox and Sollecito as the murderers.

Guede had been initially inclined to let sleeping dogs lie after he was mysteriously beaten up in the sex offenders wing of Viterbo prison, where prisoners are meant to be kept very safe.

But Judge Massei’s scenario of the attack on Meredith in his March 2010 Sentencing Report, with Rudy Guede as the lead instigator, really bothered him.

And in mid 2010 he became even more bothered when claims were made by a fellow prisoner the baby killer Mario Alessi that Guede confided that he really had committed the murder, along with two others. Not with Knox and Sollecito.

A very angry Rudy Guede in turn wrote a letter denying this which very rapidly went public.

In 2011 there was a tense confrontation in the Hellmann court (which several times descended into chaos) when this letter, in which by now Guede firmly accuses Knox and Sollecito, was read out for him.

Guede stuck to this position on the stand, and he was not required to face full cross-examination by the shrill, frustrated defenses because he was already convicted and no longer the one on trial. 

Seemingly fed up with all the dirty tricks against him and the now-incessant Knox and Sollecito mantras in the media that Guede had acted alone, he has come out with another letter.

Italy’s AGI News Service has posted this letter to an unidentified recipient, along with this report.

(AGI) Perugia, February 11 “Against me are being repeated false imaginated reconstructions of the crime for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way, in the public eye and not just in Italy.”

He apparently also posted what he wrote in his own hand on the Facebook page “Legal processes and their surroundings”...

The letter is on a sheet of notebook paper handwritten and signed by Guede.

“To my regret I am again forced to take a pen and paper and write for the sake of the truth.. to all those thousands of people who still believe in justice.”

“They can not access all the pleadings and components of this sad and extremely complex legal case which was dramatically painful for those who lived it . My sentence and judicial reasoning have been for too long subject to a continuous and willful manipulation and alteration of the data of the proceedings.”

“Against me are made continuous false and imaginary reconstructions for the sole purpose of wanting to denigrate my figure and person, systematically and in a negative way in the public eye and not just the Italian.”

“In the final judgment, as far as I’m concerned about these false and imaginative reconstructions, is that I was acquitted of theft and simulation of crime, a fact that I never hear mentioned in the various journalistic reconstructions.”

“I also want to point out I do not accept in any way to be passed off and continually held up as a drifter, a thief, a homeless man, seeing my person and my dignity offended continually, denigrated and stereotyped by facts and things that do not realte to me… when I had a beautiful family and precious squeaky clean and friendly relations in Perugia.”

Fast-forward to today, where reports say that Guede is getting close to day-release for study purposes and may only be months away from making more evidence against Sollecito and Knox public.

Our posting lawyer TomM has looked at the issue of Guede being allowed out to study, and finds it regular and humane in this assessment.

I respect the Italian system of criminal justice. Just as I recognize that the Italian courts have much better information than anyone posting on the internet relating to the culpability of the defendants in this case, I also think that the people who oversee Guede’s stay in prison are better informed as to his fitness to be reintegrated into society. That he would be allowed out during work days to become better educated, returning to his prison cell at the end of the day seems to me a more enlightened approach than what we do here.

We used to have training programs in prisons. I don’t know that they were “cushy”, but they did work, so that when these convicts were released they were equipped with a marketable skill and rarely re-offended. But, the public thinks these were too cushy, so more Draconian circumstances and longer sentences are now the norm. It used to be people were sent to prison as punishment, now they are sent for punishment.

Sometimes when a prisoner who has spent his or her entire adult life in prison completes the sentence imposed, they have to be physically dragged from their cells, so ill-prepared are they for anything other than doing time. With no skills, social or job-related, they re-offend—surprise, surprise. Sometimes re-offense is for the purpose of being returned a world that, for all its dangers is, to them, relative safety.

While it is certainly true that prison doesn’t have much impact on sociopaths, the one thing they are attached to is money. Taking away their money does impact their behavior, so there is an alternative to killing them.


Monday, February 03, 2014

Guide For Smart Media: Note Extensive Hard Evidence In Exceptionally Fair, Careful Legal Process

Posted by Media Watcher



[Accurate Italian media recreation of attack based on masses of closed court evidence 2009]

Vital media history in 2009

In Italy and Europe generally the guilt of the two is almost universally perceived.

One reason is that although about 1/4 of the trial in 2009 was behind closed doors (quite the opposite of the “tabloid storm” and “show trial” Americans have been told about)  Italians in particular got to find out about the long (15 minutes), remorseless, highly sadistic attack on Meredith.

Click here for the rest


Tuesday, December 17, 2013

Appeal Session #7: The Day For Knox And Sollecito Attorneys To Show Where Prosecution Went Wrong

Posted by The TJMK Main Posters



[Above and below: images from previous sessions, here till today’s crop appears]

Long Form Reports

Website of Andrea Vogt

The court hearing reserved for Knox’s appeal defense began with the reading of an email from Amanda, reported here in the Messaggero and then widely picked up in the English-language press, claiming her innocence and explaining why she was afraid to return to Italy. The email was the only “new” aspect introduced Tuesday so made all the headlines, but at the end of the day it occupied just a small fraction of the day’s arguments. 

Several Italian court observers considered the email a considerable “own goal,” having witnessed the presiding judge raise his eyebrows in obvious annoyance at having to himself read aloud an email from Knox, who requested an appeal in his courtroom, but is refusing to attend it, for reasons she detailed.  “Those who want to speak at the trial should come to the trial,” he said. He also declined to consider the letter a spontaneous declaration because, he said, he could not ascertain if she was the true author of the letter. “I’ve never seen her. I do not know her,” he said.

After the email, Knox’s Perugian lawyer Luciano Ghirga made his closing arguments, followed by Carlo Dalla Vedova of Rome.  Most of the discussion focused on two aspects of the case they felt are fundamentally lacking: motive and murder weapon. Below are short quotes/snippets translated quickly during court.  To read the Kercher family lawyer’s arguments, scroll down to yesterday’s notes.

[Report continues on The Freelance Desk with good summaries of arguments made by Ghirga and Della Vedova]

3. Tweets from La Nazione

66. Meredith process , the hearing ends. The next hearing will be on January 9 [Sollecito team]

65. Lawyer Dalla Vedova (Knox) : ” Amanda Knox is shown to have worshipped [Meredith]”

64. Lawyer Dalla Vedova (Knox) : “There is a shortage of proof”

63. Lawyer Dalla Vedova (Knox) : “There is no evidence, with doubts you have to acquit Amanda Knox”

62. Lawyer Dalla Vedova (Knox) : “On the motive the prosecutor did the same as the Costa Concordia at Giglio”

61. Lawyer Dalla Vedova (Knox) : “Room too small for the participation of more people in the crime”

60. Lawyer Dalla Vedova (Knox) : “The victim was attacked from the front,  not from behind”

59. Lawyer Dalla Vedova (Knox) : “For Amanda and Raffaele, Rudy Guede was a stranger”

58. Lawyer Dalla Vedova (Knox) : “The bra clasp of Meredith is not a genuine artifact”

57. Lawyer Dalla Vedova (Knox) : “The bra clasp November 2nd was white, but 40 days after gray”

56. Lawyer Dalla Vedova (Knox) : “Amanda knew the cut was throat because she was told by a policeman “

55. Lawyer Dalla Vedova (Knox) : “Absurd that there are missing only traces of Amanda and Raffaele “

54.Lawyer Dalla Vedova (Knox) : “The alleged footprint of female shoe on the pillow: pillowcase was folded over.”

53. Lawyer Dalla Vedova (Knox) : “The broken glass from the window shows the easiest way to enter the house “

52. Lawyer Dalla Vedova (Knox) : “War between consultants is like “The War of the Roses” where everyone will hate “

51. Lawyer Dalla Vedova (Knox) : “Unable for Amanda and Raffaele to commit the crime in 50 minutes “

50. Lawyer Dalla Vedova (Knox) : “The mother of Meredith says she and Amanda were friends “

49. Lawyer Dalla Vedova (Knox) : “Guede never says that Amanda was in the house, even outside the interrogations”

48. Lawyer Dalla Vedova (Knox) : “Guede never talks about Amanda “

47.Lawyer Dalla Vedova (Knox) : ” Guede in his chats after the murder told a friend that Amanda had nothing to do with it”

46. Lawyer Dalla Vedova (Knox) : “There are traces only of Rudy Guede at the crime scene “

45. Lawyer Dalla Vedova (Knox) : “The witness Curatolo either is unreliable or is our alibi. Decide for yourself “

44. Lawyer Dalla Vedova (Knox) : “Do not trust the testimony of the witness Quintavalle “

43. Lawyer Dalla Vedova (Knox): “Amanda did not call into question Lumumba to sidetrack the investigation “

42. Lawyer Dalla Vedova (Knox): “The alibi of Amanda is of the same type as her roommates ”

41. Lawyer Dalla Vedova (Knox): “The alibi of Amanda is accurate and unchanged in her deposition ”

40. Meredith appeal: the argument of Carlo Dalla Vedova, defender of Amanda Knox, resumes.

39. Meredith appeal: Judge orders one-hour lunch break

38. President Nencini asks if there are certificates for the AIDS tests done on Amanda, but there are none

37. Lawyer Dalla Vedova (Knox): “It was said of Amanda in prison that she had AIDS, but it turned out an error ”

36. Lawyer Dalla Vedova (Knox): “From the conversations in prison Amanda does not show anything, the sum of zeros ”

35. Lawyer Dalla Vedova (Knox): “In 30 hours of interviews with parents in prison Amanda never was heard [incriminating herself]”

34. Lawyer Dalla Vedova (Knox): “It was immediately admited, the mistake by the investigators”

33. Lawyer Dalla Vedova (Knox): “The footprint of Guede on the pillow right now is the signature of the crime”

32. Lawyer Dalla Vedova (Knox): “Lumumba was not to be charged, he confirmed his alibi”.

31. Lawyer Dalla Vedova (Knox): “There has been judicial harassment against [my client]”

30. Lawyer Dalla Vedova (Knox): “Prosecution and plaintiff leverage statements of Amanda unusable ”

29. Lawyer Dalla Vedova (Knox): “The declarations of Amanda between 5 and 6 November are unusable ”

28. Lawyer Dalla Vedova (Knox): “Absurd that Amanda is joining the attack on a friend ”

27. Lawyer Dalla Vedova (Knox): “Changing motive is constantly an element of weakness of the prosecution ”

26. Lawyer Dalla Vedova: “Add up all the clues , the sum of zero is always zero ”

25. Lawyer Dalla Vedova: “Without connections between clues and evidences the value is zero ”

24. Lawyer Dalla Vedova: “In this process there is no evidence ”

23. Lawyer Dalla Vedova: “A murder without a motive is fallacious ”

22. Lawyer Dalla Vedova: “Absurd that the knife used for the murder was brought home ”

21. Lawyer Dalla Vedova: “Imaginative reconstruction of the prosecution ”

20. Lawyer Dalla Vedova: “This story has been in the headlines for months ”

19. Lawyer Dalla Vedova (Knox): “Meredith killed in this manner is a defeat for all ”

18. The closing argument of Lawyer Carlo Dalla Vedova begins (Knox defense).

17. Meredith appeal: the closing argument of the Lawyer Ghirga (Knox ) ends.

16. Lawyer Ghirga (Knox ) : “Amanda Knox was not present at the crime scene ”

15. Lawyer Ghirga (Knox ): “The judgment of Justice is the acquittal of Amanda

14. Lawyer Ghirga (Knox ): “The witness Curatolo is unreliable ”

13. Lawyer Ghirga (Knox ): “We challenged from the outset the murder weapon ”

12. Lawyer Ghirga (Knox ): “On the blade of the knife there is no blood and no trace of Meredith.”

11. Lawyer Ghirga (Knox ): “The expertise that revealed traces of Meredith on the knife is not trusted “

10. Lawyer Ghirga (Knox ): “The knife found at Sollecito’s house is not the murder weapon “

9. The closing argument of Luciano Ghirga defender Amanda Knox begins.

8. Amanda to the court: ” I am innocent , put an end to this enormous injustice ”

7. Amanda : “I’m not the monster he has been portrayed in recent years ”

6. Amanda: ” I did not know Rudy Guede ”

5. Amanda: “I’m not a killer , the prosecution and the civil parties are wrong , they want a conviction without proof ”

4. Amanda: ” Meredith and I have always been friends , we never quarreled ”

3. Amanda: “I have been subjected to illegal interrogation , I made a false confession extorted”

2. Amanda: “I have not killed , raped , robbed , I was not at the scene of the crime”

1. The email of Amanda : “I’m innocent , but I am not in court because I’m afraid”

2. Tweets from Freelance Andrea Vogt

3. Carlo dalla Vedova to #amandaknox appeal jury: If there is no murder motive, you must acquit.

2. Carlo dalla Vedova: We know #amandaknox is innocent. As time passes we’re even more tranquil.There are many more doubts than certainties.

1. In Florence, amanda knox lawyer holds up large knife to jury: “Starch was on the knife. It was not cleaned. It was in domestic use.”

1. Email from Amanda Knox

Court of Appeals of Florence section II Assise Proc. Pen, 11113

Letter sent to attorneys Carlo Dalla Vedova and Luciano Ghirga via email Seattle, 15 December 2013

Attn: Honorable Court of Appeals of Florence

I have no doubt that my lawyers have explained and demonstrated the important facts of this case that prove my innocence and discredit the unjustified accusations of the prosecution and civil parties. I seek not to supplant their work; rather, because I am not present to take part in this current phase of the judicial process, I feel compelled to share my own perspective as a six—year-long defendant and victim of injustice.

The Court has access to my previous declarations and I trust will review them before coming to a verdict. I must repeat: I am innocent.

I am not a murderer. I am not a rapist. I am not a thief or a plotter or an instigator. I did not kill Meredith or take part in her murder or have any prior or special knowledge of what occurred that night. I was not there and had nothing to do with it.

I am not present in the courtroom because I am afraid. I am afraid that the prosecution’s vehemence will leave an impression on you, that their smoke and mirrors will blind you. I’m afraid of the universal problem of wrongful conviction. This is not for lack of faith in your powers of discernment, but because the prosecution has succeeded before in convincing a perfectly sound court of concerned and discerning adults to convict innocent people-Rafael and me.

My life being on the line and having with others already suffered too much, I’ve attentively followed this process and gleaned the following facts that have emerged from the development of this case that I beg you not to dismiss when making your judgment:

No physical evidence places me in Meredith ‘s bedroom, the scene of the crime, because I was not there and didn’t take part in the crime.

Meredith’s murderer left ample evidence of his presence in the brutal scenario: handprints, footprints, shoe prints in Meredith’s blood; DNA in her purse, on her clothing, in her body.

No evidence places me in the same brutal scenario. The prosecution has failed to explain how I could have participated in the aggression and murder—to have been the one to fatally wound Meredith—without leaving any genetic trace of myself. That is because it is impossible. It is impossible to identify and destroy all genetic traces of myself in a crime

scene and retain all genetic traces of another individual. Either I was there, or I wasn’t. The analysis of the crime scene answers this question: I wasn’t there.

My interrogation was illegal and produced a false “confession” that demonstrated my non-knowledge of the crime- The subsequent memoriali, for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false “confession.” Just as I testified to the prosecutor in prison and to my family members in prison when our conversations were being recorded without my knowledge.

My behavior after the discovery of the murder indicates my innocence. I did not flee Italy when I had the chance. I stayed in Perugia and was at the police’s beck and call for over 50hours in four days, convinced that I could help them find the murderer. I never thought or imagined that they would have used my openness and trust to fuel their suspicions. I did not hide myself or my feelings: when I needed comfort, Rafael embraced me; when I was sad and scared, I cried; when I was angry, I swore and made insensitive remarks; when I was shocked, I paced or sat in silence; when I was trying to help, I answered questions, consoled Meredith’s friends and tried to keep a positive attitude.

Upon entering the questura I had no understanding of my legal position. Twenty—years old and alone in a foreign country, I was innocent and never expected to be suspected and subjugated to torture. I was interrogated as a suspect, but told I was a witness. I was questioned for a prolonged period in the middle of the night and in Italian, a language I barely knew. I was denied legal counsel- The Court of Cassation deemed the interrogation and the statements produced from it illegal. I was lied to, yelled at, threatened, slapped twice on the back of the head. I was told I had witnessed the murder and was suffering from amnesia. I was told that if I didn’t succeed in remembering what happened to Meredith that night I would never see my family again. I was browbeaten into confusion and despair. When you berate, intimidate, lie to, threaten, confuse, and coerce someone in believing they are wrong, you are not going to find the truth.

The police coerced me into signing a false “confession” that was without sense and should never have been considered a legitimate investigative lead. In this fragmentary and confused statement the police identified Patrick Lumumba as the murderer because we had exchanged text messages, the meaning of which the police wrongfully interpreted (‘Civediamo piu tardi. Buona serata’). The statement lacked a clear sequence of events, corroboration with any physical evidence, and fundamental information like: how and why the murder took place, if anyone else was present or involved, what happened afterward—it supplied partial, contradictory information and as the investigators would discover a little later, when Patrick Lumumba’s defense lawyer produced proof of him incontestable alibi, it was obviously inaccurate and unreliable. I simply didn’t know what they were demanding me to know. After over 50 hours of questioning over four days, I was mentally exhausted and I was confused.

This coerced and illegitimate statement was used by the police to arrest and detain a clearly innocent man with an iron-clad alibi with whom I had a friendly professional relationship. This coerced and illegitimate statement was used to convict me of slander. The prosecution and civil parties would have you believe that this coerced and illegitimate statement is proof of my involvement in the murder. They are accusing and blaming me, a result of their own overreaching.

Experience, case studies, and the law recognize that one may be coerced into giving a false"confession” because of torture.

This is a universal problem. According to the National Registry of Exoneration, in the United States 78% of wrongful murder convictions that are eventually overturned because of exonerating forensic evidence involved false “confessions.” Almost 8 in 10 wrongfully convicted persons were coerced by police into implicating themselves and others in murder. I am not alone. And exonerating forensic evidence is often as simple as no trace of the wrongfully convicted person at the scene of the crime, but rather the genetic and forensic traces of a different guilty party—just like every piece of forensic evidence identifies not me, but Rudy Guide.

In the brief time Meredith and I were roommates and friends we never fought.

Meredith was my friend. She was kind to me, helpful, generous, fun. She never criticized me. She never gave me so much as a dirty look.

But the prosecution claims that a rift was created between Meredith and I because of cleanliness. This is a distortion of the facts. Please refer to the testimonies of my housemaster and Meredith’s British friends. None of them ever witnessed or heard about Meredith and I fighting, arguing, disliking each other. None of them ever claimed Meredith was a confrontational clean-freak, or I a confrontational slob. Laura Masotho testified that both Meredith and I only occasionally cleaned, whereas she and Filomena Romanelli were more concerned with cleanliness. Meredith’s British friends testified that Meredith had once told them that she felt a little uncomfortable about finding the right words to kindly talk tome, her new roommate, about cleanliness in the bathroom we shared. The prosecution would have you believe this is motivation for murder. But this is a terrifying distortion of the facts.

I did not carry around Rafael’s kitchen knife.

This claim by the prosecution, crucial to their theory, is uncorroborated by any physical evidence or witness testimony. I didn’t fear the streets of Perugia and didn’t need to carry around with me a large, cumbersome weapon which would have ripped my cloth book bag to shreds. My book bag showed no signs of having carried a bloody weapon. The claim that he would have insisted I carry a large chef’s knife is not just senseless, but a disturbing indication of how willing the prosecution is to defy objectivity and reason in order to sustain a mistaken and disproven theory.

It is yet another piece of invented “evidence”, another circumstance of theory fabricated to order, because having discovered nothing else, the prosecution could only invent.

I had no Contact with Rudy Guide.

Like many youth in Perugia, I had once crossed paths with Rudy Guide. He played basketball with the young men who lived in the apartment below us. Meredith and I had been introduced to him together. Perhaps I had seen him amongst the swarms of students

who crowded the Perugian streets and pubs in the evenings, but that was it. We didn’t have each other’s phone number, we didn’t meet in private, we weren’t acquaintances. I never bought drugs from Rudy Guide or anyone else. The phone records show no connection. There are no witnesses who place us together. The prosecution claims I convinced Rudy Guide to commit rape and murder, completely ignoring the fact that we didn’t even speak the same language. Once again, the prosecution is relying upon a disturbing and unacceptable pattern of distortion of the objective evidence.

I am not a psychopath.

There is no short list to the malicious and unfounded slanders I have suffered over the course of this legal process. In trial I have been called no less than:

“Conniving; manipulating; man—eater; narcissist; enchantress; duplicitous; adulterer; drug addict; an explosive mix of drugs, sex, and alcohol; dirty; witch; murderer; slanderer; demon; depraved; imposter; promiscuous; succubus; evil; dead inside; pervert; dissolute; a wolf in sheep’s clothing; rapist; thief; reeking of sex; Judas; she-devil;

I have never demonstrated anti-social, aggressive, violent, or behavior. I am not addicted to sex or drugs. Upon my arrest I was tested for drugs and the results were negative. I am not a split-personality One does not adopt behavior spontaneously.

This is a fantasy. This is uncorroborated by any objective evidence or testimony. The prosecution and civil parties created and pursued this character assassination because they have nothing else to show you. They have neither proof, nor logic, nor the facts on their side. They only have their slanders against me, their personal opinions about me. They want you to think I’m a monster because it is easy to condemn a monster. It is easy to dismiss a monster’s defense as deception. But the prosecution and civil parties are both severely mistaken and wrong. They have condemned me without proof of guilt, and they seek to convince you to condemn me without proof of guilt.

If the prosecution truly had a case against me, there would be no need for these theatrics. There would be no need for smoke and mirrors to distract you from the lack of physical evidence against me. But because no evidence exists that proves my guilt, the prosecution would seek to deceive you with these impassioned, but completely inaccurate and unjustified pronouncements. Because I am not a murderer, they would seek to mislead you into convicting me by charging your emotions, by painting me not as an innocent until proven guilty, but as a monster.

The prosecution and civil parties are committing injustices against me because they cannot bring themselves to admit, even to themselves, that they’ve made a terrible mistake.

The Court has seen that the prosecution and civil parties will not hear criticism of their mistakes. Not by the experts of the defense, nor by the experts of the Court.

The Court has seen that the prosecution jumped to conclusions at the very start of their investigation: they interrogated and arrested innocent people and claimed “Case Closed"before any evidence could be analyzed, before bothering to check alibis.

The prosecutor and investigators were under tremendous pressure to solve the mystery of what happened to Meredith as soon as possible. The local and International media was breathing down the necks of these detectives. Their reputations and careers were to be made or broken. In their haste, they made mistakes. Under pressure, they admitted to as few mistakes as possible and committed themselves to a theory founded upon mistakes.

Had they not jumped to conclusions based on nothing but their personal and highly subjective feeling, they would have discovered definitive and undeniable evidence of not Patrick Lumumba, not Rafael Sollecito, not Amanda Knox, but of Rudy Guide. We would not be here over six years later debating inconclusive and unreliable “clues.” We would have been spared the cost, anguish and suffering, not only of Raffaele’s and my family, but especially of Meredith’s family as well.

The prosecution’s accusations are unworthy of judicial or public confidence. In over six years they have failed to provide a consistent, evidence-driven, corroborated theory of the crime, but would nevertheless argue that you should take my life away. I beg you to see the facts and reason of what I say. I am innocent. Rafael is innocent. Meredith and her family deserve the truth. Please put an end to this great and prolonged injustice.

in faith,

Amanda Marie Knox


Thursday, December 12, 2013

Why Meredith Might Have Survived If The Attackers Had Cared And Called For Help Very Fast

Posted by Cardiol MD



Malala Yousafzai, world-famous Pakistani victim of a Taliban assassination attempt, survived via a tracheostomy

Absence of full medical picture outside Italy

For this post I wear my medical hat - I am a cardiologist who has had many lives in the balance under my hands.

Parts of the prosecution’s evidence back at trial in 2009 were very stark. Some was presented behind closed doors and with no CCTV feed, although good summaries in Italian appeared in the Italian press.

In Italy the reporting on the trial was several times as deep as anywhere else. There were TV chat shows to review the case as it was being made, and many in Italy read the entire Massei Report when the Department of Justice put it on their website.

Nobody in Italy gives the slightest credence to the theory of the Lone Wolf. Many or most have not even heard about it, and to almost all Italians the idea that Guede could have acted alone (as Knox and Sollecito claimed in their English-only books) would seem absurd.

Many Italians were therefore quick to realize that the Hellmann court did not see the prosecution present its real case, and had been led astray by cherrypicking and innuendo by the defense and an unqualified judge. 

In contrast, as I said above, foreign reporting was not deep. The Massei report now being argued against by Knox and Sollecito (yes, this is THEIR appeal) has not yet been carried in English by even one non-Italian media site.

Even the amazing Massei report summary which PMF posters so carefully prepared appeared only here.

How this can affect the January outcome

Among the starkest items of the evidence that are well known in Italy but almost nowhere else are the autopsy findings and the whole-day crime scene recreation testimony.

They were presented (1) only in closed court in mid 2009 and (2) in the attack recreation video shown to the court late in 2009. during Summations. The highly effective video, which took months to get just right, was not entered into evidence and so no jury other than Massei’s has seen it since.

Closing this yawning chasm really matters now because (1) the Supreme Court is in no doubt that Guede did not act alone and (2) the Sollecito and Knox defense attempts to prove one or two other perps staged the attack with or without Guede have fallen off a cliff.

Here is the blunt truth:

  • Meredith’s killers at the end inflicted terrible, terrible wounds, and witnessed what she went through.

  • There is evidence that Meredith might have SURVIVED if medical help had been called very quickly indeed.

Instead of course her killers cruelly ignored her dying pain, took away her phones, locked her door, and for a while at least they simply went away, while she died.

These truths about the attack and in particular the horrific wounds is relevant both to what Meredith’s killers are guilty-of, and to what sentence would be appropriate if it is confirmed they did the deed.

Brief explanation of the medical facts

While this subject is tough for most people, it has to be viewed objectively by medical-professional care-givers and by judges, and now may be an acceptable time to objectively clarify the subject.

Such information is considered highly relevant in US courts, under Federal Rule 702. Testimony by Expert Witnesses, US state Good Samaritan Laws, and possibly in Italian courts, under Art. 593 of the criminal code ““ Failure to Provide Emergency Assistance.

Even though I can find no references to Failure to Provide Emergency Assistance in the various Motivazioni, many TMJK readers may be interested in this discussion of the subject:

MK’s airway-wound, taken in isolation, was certainly survivable for hours or even days; her superior thyroid artery wound was potentially survivable if simple manual compression was quickly applied there-and-then by anyone present, and urgent professional assistance was then obtained.

MK’s dying occupied at least as much as 15 minutes; it was the combination, and proximity of the 2 wounds that was lethal.

The kind of injury to Meredith’s airway, intentionally inflicted with malicious intent, is well within the spectrum of accidental injuries seen and treated in hospital ERs.

The elective therapeutic procedure - tracheostomy - has   consequences very similar both to malicious and to purely accidental airway-injuries.

A tracheostomy is a surgical procedure to create an opening through the neck into the trachea (windpipe).

A tube is usually placed through this opening to provide an airway and to remove secretions from the lungs. This tube is called a tracheostomy tube or trach.tube.

The cutting part of the procedure is called ‘the tracheotomy’; ‘tracheostomy’ is the name assigned when the artificial tube has been inserted.

Tracheostomy is frequently performed in hospitals, all over the world. The subjects of tracheostomy cannot phonate unless the tracheostomy-opening is sealed, typically using a finger to divert the exhaled air through the larynx.

Injuries to the tracheobronchial tree within the chest may occur due to penetrating forces such as gunshot wounds, but are more often the result of blunt trauma. TBI due blunt forces usually results from high-energy impacts such as falls from height and motor vehicle accidents; the injury is rare in low-impact mechanisms.

Injuries of the trachea cause about 1% of traffic-related deaths. Other potential causes are falls from high places and injuries in which the chest is crushed. Explosions are another cause.

Gunshot wounds are the commonest form of penetrating trauma that cause TBI. Less commonly, knife wounds and shrapnel from motor vehicle accidents can also penetrate the airways.

Most injuries to the trachea occur in the neck, because the airways within the chest are deep and therefore well protected; however, up to a quarter of TBI resulting from penetrating trauma occurs within the chest. Injury to the cervical trachea usually affects the anterior (front) part of the trachea.

Notables who survived via a tracheostomy

Many public figures have received tracheostomy in the past. These are perhaps the most well-known:

  • Gabrielle Giffords, a Democratic member of the United States House of Representatives received a tracheostomy after being shot in the head.

  • Elizabeth Taylor had an emergency tracheostomy for pneumonia in 1961.

  • Stephen Hawking (physicist) received a tracheostomy because his muscles of respiration are paralysed by Amyotrophic Lateral Sclerosis (ALS, also known as “˜Lou Gehrig’s disease’)

  • Catherine Zeta Jones (actress) when a little girl, contracted a virus that prevented her from breathing normally, and underwent tracheostomy surgery.

  • John Paul II (Pope) had an emergency operation after a breathing crisis


Others whose tracheostomy saved their lives

  • Ariel Sharon (Israeli Prime Minister)
  • William Rehnquist (U.S. Chief Justice)
  • Friedrich III (German Emperor)
  • Laura Innes (actress)
  • Johnny Weissmuller (actor)
  • Constantine P. Cavafy (poet)
  • Luther Vandross (singer)
  • Gordon Lightfoot (singer)
  • Roy Horn (Magician - Siegfried & Roy)
  • Jack Klugman (actor)
  • Roger Ebert (Movie Critic)

  • Medical and legal conclusions from this

    Repair of Meredith’s airway injury was potentially survivable, given the conditions indicated in the medical text above.

    It was the simultaneous severing of her right superior thyroid artery, and the failures not only to seek emergency care, but the abandonment by her attackers that resulted in her death.

    The right superior thyroid artery is about the same size as the radial artery of the wrist, which when severed suicidally, leads to a similarly slow death from blood-loss alone.

    In Meredith’s case, she inhaled the blood and died less slowly, by coexistent drowning.

    The Nencini Court should take her killers’ Failure to Provide Emergency Assistance into account in its decisions, especially if they now try to claim it was just a prank-gone-wrong.


    Malala Yousafza who survived via a tracheostomy; the tube is visible below her chin


    Tuesday, November 12, 2013

    Differences Between Micheli, Massei, Hellmann and Nencini Courts Pointing To Almost Certain Outcome

    Posted by Peter Quennell





    What are the biggest differences? In fact the Supreme Court already pointed them out: science, scope, and balance.

    Judge Micheli, Judge Massei and Judge Nencini all have a very extensive criminal-case background. All three have handled many cases of murder, many cases against the mafia, and many cases involving criminal science. All three have remarkable success records and have hardly ever been overturned on appeal. 

    Judge Hellmann and his court are the extreme outliers. Until forced into early retirement by the Council of Magistrates, he had been a (quite good) business judge. His one major criminal case, years ago, had led to a farcical outcome, and he was ridiculed for this at the time.

    Cassation made it very clear that he simply did not reflect a knowledge of the precise Italian law on scope and balance at the appeal level, and that he mishandled the science. In fact, as he actually said, the reason he appointed two independent DNA consultants was that he was at sea on the science.

    That left Judge Hellmann’s panel of judges like a rudderless ship, bereft of the kind of good guidance from the lead judge on science, scope, and balance that comes only from many years of experience.

    Which, given a level playing field, the pathbreaking Italian system enforces competently like almost no other.

    Above all as the Hellmann Report makes extraordinarily plain, his court came to be swayed by the CSI Effect, with the help of two tainted consultants and probably the irresponsible Greg Hampikian in Idaho.

    The CSI Effect is a phenomenon very, very unlikely to happen in Judge Nencini’s court.  First, take a look at this good explanation of what the CSI Effect is in the Fox Kansas City video.



    Many crime shows such as the BBC mysteries and the Law & Order series and spinoffs show investigators solving their crimes in the old-fashioned way. Lots of witness interviews and alibi and database checking, and walking around and loose ends and lying awake at night puzzling. And often there’s a big stroke of luck. 

    But if you watch the very popular CSI Las Vegas series and its spinoffs in Miami and New York, and the various clones on other networks, you will see something very different indeed.

    When those shows first began airing worldwide in the late nineties, the producers explained that audiences increasingly appreciate learning something new when watching a show, and it is true, one sure can load up on the trivia.

    But you will also see the US equivalent of Dr Stefanoni and her forensic team in those shows, roaming far beyond the narrow crime scene, interrogating witnesses and checking alibis and finding a lot of non-forensic evidence, and even at times drawing guns.

    Most unreal is that, time and again, the forensic evidence testing is clearcut and takes just a few minutes and instantly clinches the case.

    • There are several articles like this one and this one on whether the Casey Anthony jury was affected by a shortfall in the starkness of the forensics when the behavioral evidence seemed so strong.
    • There are several articles like this one and this one on whether the appeal verdict outcome in Perugia might be affected in the same way.
    • There are many articles like this one and this one and this one and especially this one saying there is a tough added burden on investigators and juries without a commensurate improved outcome.

    With conviction rates declining in the US and Europe, professionals are taking a scientific look at whether the CSI Effect is one big cause of that decline.

    At the macro level in the US this writer doubted that the CSI Effect is fatally unbalancing takes on the wider evidence. The same conclusion was reached in this first major study at the micro level.

    But the belief in the CSI Effect continues. Articles like this one on an Australian site talk of a backlash against too many acquittals. Some articles like this one argue that maybe lay juries are out of their depths.

    And judges and prosecutions are taking countermeasures.

    In Ohio and many other states prosecutors and judges are acting against a possible CSI Effect in their selection and briefing of juries. And an NPR report came up with these findings.

    Some states now allow lawyers to strike potential jurors based on their TV habits. Judges are issuing instructions that warn juries about expecting too much scientific evidence based on what they see on TV.

    In the field, Shelton says death investigators sometimes run useless tests, just to show they went the extra CSI mile.

    “They will perform scientific tests and present evidence of that to the jury. Even if the results don’t show guilt or innocence either way, just to show the jury that they did it.”

    This is coming at a time when death investigators in America have no resources to spare. An investigation by NPR, PBS Frontline and ProPublica shows some states have already opted not to do autopsies on suicides, others don’t autopsy people who die in traffic accidents, and many don’t autopsy people who die over the age of 60.

    But Murphy, the Clark County coroner, expects things to get worse.

    “You know, we’re in budget cuts right now. Everybody’s in budget cuts. Las Vegas is no different than anybody else. We’re hurting. We’re going to feel that same crunch as everybody else,” he says.

    One of Zuiker’s great disappointments is that, for all its popularity, his fictional Las Vegas crime lab didn’t generate more political support to fund death investigation.

    “I’ve done my job. You know, we’ve launched three shows that cater to 73.8 million people a week and is a global phenomenon and the largest television franchise in history. We hoped that the show would raise awareness and get more funding into crime labs so people felt safe in their communities. And we’re still hoping that the government will catch up.”

    None of the science in Meredith’s case has ever been discredited in court. Even in Judge Hellmann’s court the agenda-driven independent consultants Conti and Vecchiotti failed - and under cross-examination admitted it.

    Also remember that the Hellmann court did not get to see two very key closed-court scientific presentations (the stark recreation of the attack on Meredith, in a day of testimony, and later in a 15 minute video) which had a very big balancing effect on the Massei court. 

    Right now the reputation of not one defense-campaign stooge who has attacked the science remains intact.

    Greg Hampikian has headed for cover. He had widely proclaimed that he clinched the Hellmann court’s outcome, in an act which may well have been illegal. Unsurprisingly, he is now trying very hard to hide his own claimed “proof ” of shortfalls in the science, as Andrea Vogt has been showing in her Boise State University investigation, and as we will soon post more on. 

    Saul Kassin is another defense-campaign stooge who falsely claimed that he clinched the Hellmann court outcome by “proving” a false confession by Knox - in an interrogation that never even took place.

    Despite all of this, maybe as straw-snatching, we can again see an organized attempt to confuse American opinion on the science of the case.

    Whether she did this intentionally or not, that is what the PR tool Colleen Barry of the Associated Press was doing when she omitted that the trace of Meredith on the knife is undisputed hard evidence.

    Judge Micheli and Judge Massei handled the science, scope, and balance with some brilliance. In all three dimensions Judge Hellmann fell short abysmally.

    What is your own bet on the outcome under the exceptionally experienced Judge Nencini?





    Parts of this post were first posted in 2011 after the disputed and much examined outcome of the Casey Anthony murder trial..


    Tuesday, October 08, 2013

    Questions For Knox and Sollecito: Why Claim Rudy Guede Did It Alone When So Much Proof Against?

    Posted by Marcello




    1. Problems Of Your “Guede did it alone” Mantra

    Your attempts to frame Guede for the entire attack sound racist, and they fly in the face of a multitude of hard facts.

    Why are you and your more untethered supporters arguing to the media that Rudy Guede alone attacked Meredith (he could not have), that he was a drifter (he wasnt), a burglar (he wasnt), and drug dealer (he wasnt), and that his DNA traces are “all over Meredith’s room” (they werent)?

    There are surprisingly few DNA traces of Guede in there, and outside Meredith’s door there is only evidence of (1) his prior use of the south bathroom, and (2) his shoeprints headed straight for the front door.

    There is zero evidence that Rudy Guede was ever in the shared bathroom (the one with Sollectio’s bloody footprint on the bathmat) and zero evidence he was in Filomena’s room (the one with the broken window and the mixed DNA of Meredith and Knox). 

    2. Evidence Against You Is Far, Far Stronger

    Explain if you can about Sollecito’s bloody footprint. Explain if you can about the evidence of cleanup. Explain this and this about your multiple contradictory alibis.

    Explain if you can why YOUR own witnesses Alessi and Aviello were such disasters for your side in court. Explain your cell phone actions (or non-actions) and the timing and content of your phone calls, and your computer actions (or non actions).

    Explain why in Sollecito’s book he claims he sent several emails throughout the night; but there zero records of such emails with his email provider. Explain why both Sollecito and Knox framed Dr Mignini.

    There are three compelling reasons above all why the Massei court and the Supreme Court will remain totally unbending on the point that Guede did NOT attack Meredith alone, and that it had to be a pack attack on Meredith.

    • One is the full day of closed court testimony at trial by crime-scene experts from Rome who accounted for every point of evidence in Meredith’s room with a depiction of a 15 minute pack attack involving three people. This seriously upset the jury and your own defense was left essentially speechless.

    • One is the prosecution’s video shown in closed court during Summations of the recreation of the attack on Meredith, which accounted for every point of evidence with a 15 minute pack attack involving three people.  This seriously upset the jury and your own defense was left essentially speechless
    • .
    • One is that the entry of an attacker via Filomena’s room is so absolutely unbelievable. Your own defense always knew this, and barely tried to make that sale (hence the witnesses Alessi and Aviello).

    There are seven other routes for a burglar to enter the house, all of them faster and quieter and five of them darker. You can see five in these images below: two via the east windows, three up onto the balcony and into the house via the louvre door or the kitchen window.

    All seven routes would be obvious to any burglar, long before he walked all the way around the base of the house to beneath Filomena’s window (which he did several times in your scenario). 

    3. The Numerous Questions From Which You Hide

    On or after 6 November you have both promised to appear in the appeal court in Florence. You are apparently too nervous to face cross-examination under oath, but you have said you intend to try to explain things.

      1) Rudy Guede had been to the apartment at least twice already on prior occasions and knew the boys who lived in the lower story. Why did Guede choose to NOT break-in to the lower story where he knew (or could ascertain) that all four boys were away on holiday, and therefore could break-in and rummage with some certainty of not getting caught?

      2) Why did Guede choose to break-in to the upper story of the villa mid-evening, when he surely knew Knox and Kercher would be staying at the villa for the holidays and could have been there or returned at any time to “catch him in-the-act”?

      3) Surely Guede would have verified that no one was present by circling the cottage and checking if any lights were on in the windows? But Guede “missed” the really easy way in: the balcony in the dark at the rear, used in 2 burglaries in 2009.

      4) If Guede did circle the cottage to make sure no one was there before attempting the break-in, why would he then choose the most visible and more difficult path of entry through a second story window, as opposed to the more hidden and easier path of break-in at the back of the villa, which he would have noticed while circling the villa?

      5) Why would Guede choose to break-in through a second story window that was highly exposed to the headlights of passing cars on the street as well as exposed to night lighting from the carpark?

      6) Ms. Romanelli testified that she had nearly closed the exterior shutters. Assuming her memory is correct, there is no way a burglar could easily verify if the windows were latched and if the inner scuri were latched to the window panes, which would make access to the window latch impractical unless one was armed with a core drill or an ax. Why would Guede, who was certainly familiar with such windows, choose to attempt the break-in through a window that he could not easily verify would allow him quick access?

      7) Assuming the shutters were closed, Guede would have to climb up the wall and open the shutters before smashing the window with the rock. The night of the murder, the grass was wet from rain the previous day. Why was there no evidence of disturbed grass or mud on the walls?

      8) Guede had Nike sneakers, not rock climbing shoes. How did he manage the climb up the wall with that type of footwear?

      9) If the shutters were closed, or somewhat closed, how did Guede manage to lift himself up to the sill with only an inch of sill available to grab onto?

      10) Assuming Guede opened the shutters, how did Guede verify if the inner scuri where not latched to the window panes, which would prevent access to the window latch? There was no light inside Ms. Romanelli’s room to reveal that the scuri were ajar.

      11) Assuming Guede managed to check that the inner scuro behind the right-hand window was not latched, how did he manage to break the glass with a 9 lb rock with one hand while hanging on to the sill with the other?

      12) Assuming Guede managed check that the right-hand inner scuro was not latched, how did he break the glass with the rock without having glass shards fly into his face?

      13) If Guede climbed down to the lob the 9 lb rock at the window from 3 meters below, how would he do so to avoid glass shards raining down on him?

      14) If Guede climbed down to the lob the rock at the window from below, why would he choose a 9 lb 20 cm wide rock to lob up to a window 3 meters above him, with little chance of striking the window in the correct fashion?

      15) If Guede climbed down again and climbed back up to the carpark (up a steep slope with slippery wet grass and weeds) to lob the 9 lb 20 cm wide rock from the car park, why is there no evidence of this second climb down on the walls?

      16) Why did Guede choose a 9 lb 20 cm wide rock to throw from the car park, given that a large, heavy rock would be difficult to lob with any precision? Especially considering that the width of the glass in the window pane is only 28 cm wide, surely anyone, experienced or not, would have chosen a smaller, lighter rock to throw with greater precision.

      17) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Guede would have been roughly 11-12 feet away from the window, in order for the lob to clear the wood railing at the carpark. If the rock was thrown with some velocity, why is the upper 1/2 of the glass in the window pane intact, without any fracture cracks at all?

      18) If Guede lobbed a 9 lb 20 cm rock from the car park, such a lob would require some velocity and therefore force. Why is there so little damage to the scuro the rock hit, so little damage to the terrazzo flooring impacted by the rock, and so little damage to the rock itself, which surely would have fractured more on impact with a hard terrazzo floor?

      19) Why was there no evidence of glass shards found in the grass below the window?

      20) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window, how does he manage to hoist himself onto the sill without cutting himself on the glass that was found on the sill?

      21) If Guede climbed the wall to open the shutters, hoisted himself onto the sill, tapped the glass with a 9 lb rock to lightly break the glass in a manner more consistent with how the window was broken, why did he throw the rock into the room, rather than let it fall into the grass below?

      22) Why was no dirt, grass, muddy shoeprints or similar trace evidence found on the window sill?

      23) Why was no dirt, grass, muddy shoeprints or similar trace evidence found in Romanelli’s room?

      24) If Guede climbed the wall to open the shutters, climbed down and up to the car park to throw the rock, then climbed back down and up again to the window again, hoisted himself onto the sill without cutting himself on the glass that was found on the sill, unlatched the window and stepped inside Filomena’s room, how did he manage to get glass on top of Romanelli’s clothing that was found under the window sill?

      25) Why would Guede, who would have spent a good 10 minutes trying to break and enter with the climbing up and down from the carpark, waste valuable time throwing clothes from the closet? Why not simply open the closet doors and rifle through the clothes without creating more of mess?

      26) Why did he disregard Romanelli’s laptop, which was in plain view?

      27) Why did Guede check the closet before checking the drawers of the nightstand, where surely more valuable objects like jewelry would be found?

      28) Why were none of the other rooms disturbed during the break-in?

      29) Assuming Ms. Kercher arrived to the cottage after Guede’s break-in, presumably when Guede was in the bathroom, why did she not notice the break-in, call the police and run out of the cottage?

      30) Assuming Guede was in the bathroom when Ms. Kercher returned, why go to the extent of attacking Ms. Kercher in her room rather than try to sneak out the front door, or through the window he had just broken, to avoid if not identification, at least more serious criminal charges?

      31) Assuming Ms. Kercher was at the cottage while Guede broke-in, why did she not call the police the moment she heard the rock crash through the glass, loudly thud to the terrazzo floor and investigate what was happening in Romanelli’s room while Guede was climbing back down from the car park and climbing back up to the window?

      32) Assuming Ms. Kercher was at the cottage while Guede broke-in, Guede could have been on the sill already because he had tapped the glass with the 9 lb rock to break it. Therefore perhaps Guede was already partially inside Romanelli’s room when he was discovered by Ms. Kercher. In this case Guede follows Ms. Kercher to her room in an attempt to dissuade her from calling the police and the assault ensues. But then, if this scenario is correct, when does Guede have time to rifle through Romanelli’s clothing and effects?

      33) Why is there a luminol revealed footprint in Romanelli’s room that has mixed traces of Knox’s and Kercher’s DNA ?

      34) Why does this footprint not match Guede’s foot size?

      35) If multiple attackers were required to restain Ms. Kercher, holding her limbs while brandishing two knives and committing sexual violence, then who else was with Guede and why no traces of this 4th (or more) person(s) were found, either in shoeprints, footprints, fingerprints, DNA or otherwise?

      36) If Guede and others were involved in the assault, why has Guede not acknolwedged them, and instead consistently hinted that, and finally admitting that Sollecito and Knox were with him during the assault?

      37) If Guede and others were involved in the assault, why do the other shoeprints, footprints, DNA traces and fingerprints all point to Knox and Sollecito being present during the assault, in one way or another?


    4. Italy Is Not Buying The Racist Mantra

    If your racist mantra remains “the black guy did it alone” and “Italians are corrupt and stupid” you need to PROVE that. If you cannot answer all of these questions above, this will deservedly cook you.

    You could be facing 30 years with the “mitigating factors” canceled and the new penalties you will incur for your dishonest books and PR campaigns.


    [Five easier ways in: 3 via balcony (note two drainpipes, window grid below), 2 via side windows]










    Friday, April 19, 2013

    Twenty Forensic Reasons Why Guede Could NOT Have Attacked Meredith Alone

    Posted by Cardiol MD



    [Bongiorno in 2011 trying to rattle an unshakable Guede claiming Knox and Sollecito did the crime]

    1. Guede Persona, An Overview

    The convicted murderer Rudy Guede to this day claims that Meredith let him into the house, so we cut him no slack for that.

    But at the same time he was no drifter or serial knife carrier, he had no police record in 2007 (unlike Knox and Sollecito), and no drug dealing or breaking-and-entering has ever been either charged or proved.

    In October 2008 Judge Micheli mistrusted and sharply rebuked a witness who claimed it just might have been Guede who broke into his house.

    Guede seriously discounted his role on the night of Meredith’s death, but some physical evidence (not a lot) proved he had played a part in the attack. Thereafter his shoeprints lead straight to the front door.

    2. Moving Target In Court

    Neither Judge Micheli nor Judge Massei nor the Supreme Court believed he acted alone or had any part in the very obvious cleanup that had been carried out.

    The Knox and Sollecito defenses failed miserably to prove he climbed in Filomena’s window, and despite much innuendo they never really tried to prove he was a lone attacker.

    That is why in 2011 we saw two of the most bizarre defence witnesses in recent Italian legal history, the jailbirds Alessi and Aviello, take the stand

    Alessi became so nervous making his perjured claim that Guede told him Guede did it with two others that he was physically sick and had to take time off from the stand.

    Aviello loudly proclaimed that his brother and another did it (not Guede) and then claimed the Sollecito family via Giulia Bongiorno floated bribes in his prison for false testimony.

    Tellingly, although Bongiorno threatened to sue Aviello, she never has. Even more tellingly, Judge Hellmann himself initiated no investigation and simply let this serious felony claim drop dead.

    Here is a far-from-exhaustive list of 20 reasons why Rudy Guede could not have acted alone. Also why not one scrap of evidence has ever been found for any two other than Knox and Sollecito themselves.

    3. Twenty Lone-Wolf Disproofs

    1.  Guede’s Final Appeal Report said Meredith sustained 43 wounds

    The testimony at the 2009 trial about the 43 wounds was presented in closed court out of humane respect by the jury for the feelings of Meredith’s family.

    So even the diligent and trustworthy Italian media mostly missed this, as they were locked outside. 

    Mention of the 43 wounds was omitted from the 2009 Massei Trial Report and also from the 2011 Hellman Appeal Report.

    Its inclusion in the December 2010 in Judge Giordano’s Supreme Court report on Guede’s final appeal reflects the report’s excellent factual completeness.

    The PMF translation reads, in relevant part:

    The body presented a very large number of bruising and superficial wounds – around 43 counting those caused by her falling – some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone, a wound which caused a great deal of bleeding.

    Including the number of minutes occupied by an initial verbal confrontation, the escalation of that confrontation into taunting and then the physical attack, leading to the infliction of 43 wounds, and to the fatal stabbing, how many minutes would all of this occupied?

    The prosecution estimated it took fifteen.

    2.  Meredith had taken dance classes and played football & karate)

    See the Massei Translation, p23.

    Every day Meredith called her family, with whom she had a very close relationship. She had taken classes in dance and played sports (football, karate); she was a strong girl, both physically and in terms of temperament (cf. statements by her mother and by her sister Stephanie, hearing of June 6, 2009).

    3.  Meredith was a strong girl, physically and in temperament

    See the statements by her mother and by her sister Stephanie (hearing of June 6, 2009). and description of her karate. (Massei Translation, pp23, 164, 366, and 369).

    With regard to the totality of these circumstances, it must be considered that Meredith could only have made an outright refusal to Rudy’s advances and in doing so could also count on her slim [fit] physique, which the photos allow [one] to understand, [and] on her good athletic training (other than dance she had also done sports characterised by a certain physicality such as football, and had even taken a course in karate), sustained by her strong character.

    4.  Meredith must have been “strongly restrained”

    See the Massei Translation, p371; p399, in the Italian original.

    Conversely, considering the neck wounds sustained, it must be believed that Meredith remained in the same position, in a standing position, while continuously exposing her neck to the action of the person striking her now on the right and now on the left. Such a situation seems inexplicable if one does not accept the presence of more than one attacker who, holding the girl, strongly restrained her movements and struck her on the right and on the left because of the position of each of the attackers with respect to her, by which it was easier to strike her from that 372 side. One of these attackers was Rudy and the others were those who allowed Rudy to enter the house and who were with him in the house and who, in order to lead the nvestigations astray, then organised the staging of the broken window and the mess in Romanelli’s room: Amanda Knox and Raffaele Sollecito, according to all that has already been shown.

    5.  Meredith remained virtually motionless throughout the attack

    That was in spite of Meredith’s physical and personality characteristics [Massei Translation p369]  [Massei Translation p370-371].

    A first indication to be taken into account is Meredith’s physical build: the photographs of her body and the data of her approximate height and weight reveal a physique with “normotrophic muscular mass and normally distributed subcutaneous fat” (cf. declarations Lalli p. 3), a slim physique which would have permitted Meredith to move with agility. To this must be added the declarations of the parents and the sister of Meredith. Her mother, Arline Carol Mary Kercher, recalled that Meredith had practised football and karate (p. 7 hearing 6 June 2009), and her sister, Stephanie Arline Lara, stated that Meredith also did boxing, if only the once, and that “physically she was very strong” (p. 20, hearing 6 June 2009). Also her father, John Leslie Kercher, declared that his daughter was quite strong and had taken a course in karate (p. 23 hearing 6 June 2009). It has also been noted that Meredith was not in bed and undressed when the “advances” and the attempts to subject her will commenced. Being still dressed and awake, and since it must be excluded because of what has been said above that the violent action could have taken place with Meredith lying on the bed, it is considered that she, who was sober and fully conscious since no traces indicating either the use of drugs or the abuse of alcohol were found, would have opposed a firm resistance, as she could claim a strong physique, experienced in self-defence by the lessons in karate that she had taken.

    6.  The defensive wounds were almost non-existent

    See the report of Dr Lalli, pp. 33, 34, 35 with the relevant photos. Massei Translation p370.

    The signs of this resistance, however, consist in a scream, the scream heard by Nara Capezzali at around around 23:30 and by Maria Ilaria Dramis when, having gone to bed at 22:00 pm, she awoke at a later time which she was not able to quantify; they consist also in some tiny defensive wounds: one on the palm of her [396] right hand of a length of .6cm showing a tiny amount of blood; another on the ulnar surface of the first phalange of the second finger of the left hand, also of length .6cm; another on the fingertip of the first finger with a 370   superficial wound of .3cm, and another tiny wound corresponding to the fourth radius.  Compared with these almost nonexistent defensive wounds (cf. report of Dr Lalli, pp. 33,  34, 35 with the relevant photos), there is an injured area which is impressive by the number,  distribution and diversity, specifically of the injuries (bruises and wounds) on the face and neck of Meredith.

    7.  One killer couldn’t inflict 43 wounds with so few defensive wounds.

    See the Massei Report quotes above.

    8.  There must necessarily have been two knives at the scene of the crime

    See the Massei Translation p377.

    Even this consideration, therefore, leads one to hold that the biological trace attributable to Amanda and found on the knife handle, could have derived from the use of the knife for the purpose of striking, rather than to cut food; it could have derived, therefore, from the harmful action carried out against Meredith and as a consequence, a biological trace attributable to Meredith remained in the tiny striations present on the face of the blade, in spite of the subsequent cleaning, and which does not appear otherwise explainable as to how, in this regard, it was to be found there (Meredith had never been in Raffaele Sollecito’s house and could never have used this knife). Moreover, the knife Raffaele Sollecito carried with him had a definitely shorter blade as has been seen than the length that would have been necessary for causing the deeper resulting wound, with a depth of 8cm, and therefore, there must necessarily have been two knives at the scene of the crime, first one, and then the other, being used against Meredith.

    9.  A lone killer would need one hand/arm or both to restrain Meredith

    So how could he use 2 knives?  To use 2 knives a lone killer would have to place 1 knife down, leaving blood-stain[s] wherever it was placed, and then reach for the other knife.

    Even wiping the blades on the killer’s clothes, using the one hand, and later scrubbing of the knives would not erase all the blood, as has already been demonstrated.

    10.  Two killers could divide attack, one holding Meredith, both holding knives

    Meanwhile the other killer used one hand/arm to restrain Meredith, and the other hand to use the various knives. Could a lone killer accomplish all that?

    11.  Meredith’s shoes, pants and underwear had been removed

    See the Massei Translation p.370

    “It is impossible to imagine in what way a single person could have removed the clothes that Meredith was wearing (shoes, pants and underwear), and using the violence revealed by the vaginal swab, could have caused the resulting bruises and wounds recalled above, as well as removing her sweatshirt, pulling up her shirt, forcing the bra hooks before tearing and cutting the bra.”  [Massei Translation p.370]

    12.  Meredith’s sweatshirt had been pulled up and removed.

    See the [Massei Translation p.370

    Furthermore, it is impossible to imagine in what way a single person could have removed the clothes that Meredith was wearing (shoes, pants and underwear), and using the violence revealed by the vaginal swab, could have caused the resulting bruises and wounds recalled above, as well as removing her sweatshirt, pulling up her shirt, forcing the bra hooks before tearing and cutting the bra.

    13.  Meredith’s bra had been forcibly unhooked

    See the Massei Translation p.370

    14.  Meredith’s bra had been torn

    See the Massei Translation p.370

    15.  Meredith’s bra had been cut

    See the Massei Translation p.370

    16.  Violence to Meredith was revealed by the genital swab.

    See the Massei Translation p.370

    17.  In Hellmann appeal RS’s lawyers didnt allege lone killer

    They themselves brazenly introduced false testimony to the effect that there were two other killers.

    18.  Even Hellmann didn’t deny the complicity of AK and RS

    Even H/Z seemed to conclude they are probably guilty, but not beyond a reasonable doubt:

    “| in order to return a guilty verdict, it is not sufficient that the probability of the prosecution hypothesis to be greater than that of the defence hypothesis, not even when it is considerably greater, but [rather] it is necessary that every explanation other than the prosecution hypothesis not be plausible at all, according to a criterion of reasonability. In all other cases, the acquittal of the defendant is required.”  [H/Z p.92]

    19.  Judge Micheli, in Guede’s trial, found that Guede did not act alone

    And that the evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.

    20.  Massei found that the evidence implicated AK and RS

    He concluded they were joint perpetrators with Rudy Guede in the murder of Meredith Kercher.

    4. Obvious Conclusions

    Is it really reasonable to claim as Sollecito did in his 2012 book that Guede was a lone killer?

    Doesn’t all this contradict the lone-killer theory, beyond a reasonable doubt?


    Saturday, January 12, 2013

    How Much Or How Little To Blame Rudy Guede? The Defenses’ Immense Headache Coming Up

    Posted by Cardiol MD



    [Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]


    On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?

    Well, it sure varies.

    In trial court and first-appeal court it was never ever 100%. Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

    In fact among the defendants and their teams only ONCE was Guede ever blamed 100%. 

    Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.

    Our next post will look at the categoric claims against Guede in that book. Meanwhile, here, let us start at the beginning.

    Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0%. Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.

    In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point.  After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.

    At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.

    In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene.  In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito. 

    Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.

    Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow. 

    During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.

    We can assume that is either 33% or 50% but never more than that.

    On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.

    The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).

    In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:

    • The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
    • But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.

    I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.

    Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.

    We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”

    I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.  Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.

    It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.

    I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.

    I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review.  We should know in March 2013 if they regret it at all, let alone “˜bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.

    We were less impressed with how Judge Zanetti started the appeal hearings.

    To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is “˜certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.

    Unless the word “˜thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case. 

    For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.

    Guede, himself, had certainly already made a documented reference to Meredith’s scream.

    It was also certain that Guede had made documented references to his actual presence when Meredith screamed.

    Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the “˜reliability’ of those facts, e.g. “˜it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?

    The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:

    • That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, “¦.so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
    • That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
    • That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
    • That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “”¦ the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19,  2007,  also listened to by the Police,  can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
    • And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “.....he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”

    So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:

    • Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
    • In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.

    We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.

    Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:

    The Hellmann/Zanetti court, “has”¦ made “¦. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.

    In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him [59] to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .

    The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times”› (pp 88 of the call [transcript]).

    If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times”›?

    Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.

    And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it “šin favour of the two accused”› both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe”› and thus could well have been able to tell the whole truth (p 40 of the judgment).

    Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.

    [91] Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.

    In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house ““ who must have been one of the flatmates, thus Amanda (p 11 of the call), ““ while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).

    And also, on the subject of the break-in in Romanelli’s room ““ thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) ““ can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).

    If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies [92] having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”

    None of this changes my own beliefs that there are even many more things in evidence that are “˜beyond any reasonable doubt’.  For example:

    • It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
    • It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
    • It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.

    In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it. 

    Verrrry tough situation for defense counsel to be in.


    Monday, June 27, 2011

    The BBC Reports Rudy Guede For The First Time Accuses Knox And Sollecito Face To Face

    Posted by Peter Quennell


    See at bottom for the BBC report. It refers to Guede’s letter of March 2010 in the post directly below this one.

    Guede was in the witness stand as his letter was read to the court on Monday. “This splendid, marvelous girl was killed by Raffaele Sollecito and Amanda Knox,” the letter said.

    This also for the first time on Guede’s side (but not on Knox’s or Sollecito’s side) crosses a public boundary between the three of them which the Italian lawyer Cesare Beccaria described starting here.

    The Supreme Court has in effect already given Rudy Guede’s credibility an edge. Also this in the report in the Seattle PI report by Andrea Vogt.

    As if the appeal wasn’t bizarre enough, two convicts were called by the prosecution as counter witnesses Monday to contradict several inmates called by the defense earlier this month. They maintained they had overheard in prison conversations about a plot among other inmates to testify in exchange for money and benefits, such as reduced prison time.

    The person they heard was arranging things, they said, was Sollecito’s attorney, Giulia Bongiorno, who heads up Italy’s parliamentary justice committee. She forcefully denied the corruption accusations in the break afterwards and vowed to file charges and take legal action against her accusers.

    One claim by the inmates was that she offered a sex change operation to Luciano Aviello. It would be helpful if some of this if it exists emerged on tape. What possible reason would they have to lie?

    ****************

    Here is the full BBC report in case it scrolls from their website.

    Amanda Knox and her ex-boyfriend did kill Meredith Kercher, a man who was also convicted of the 21-year-old’s murder has told an appeal court.

    After Rudy Guede confirmed he believed the US student killed her British housemate, Knox jumped to her feet saying she was “shocked and anguished”.

    The hearing in Perugia is the first time that all three defendants have given evidence on the same day.

    Knox, 23, and Raffaele Sollecito, 26, are appealing their convictions.
    Child killer

    Miss Kercher, of Coulsdon, Surrey, was found with her throat cut at her Perugia flat after what prosecutors claimed was a sex game taken to the extreme.

    Knox is serving a 26-year sentence for Miss Kercher’s murder while her Italian co-defendant and ex-boyfriend, Sollecito, was sentenced to 25 years.
    Image caption Guede admits being in the house at the time of the Miss Kercher’s murder but denies any involvement

    Guede told the court that claims by a fellow prison inmate that he thought Knox and Sollecito were innocent were not true. He said he never made that claim to the inmate.

    On 18 June, convicted child killer Mario Alessi told the appeal Guede had confided that Knox and Sollecito were innocent.

    According to Alessi, Guede said he and a friend went to the house Miss Kercher shared with Knox with the intent of having sex with Miss Kercher and that when she refused, the scene turned violent and his unnamed accomplice slit her throat.

    Drug-dealer Guede was jailed for 30 years for the sexual assault and murder of Miss Kercher after a separate fast-track trial. His sentence was reduced to 16 years on appeal.

    Guede was in the witness stand as a letter he had written in response to Alessi’s claims was read to the court on Monday.

    “This splendid, marvellous girl was killed by Raffaele Sollecito and Amanda Knox,” the letter said.

    Guede has previously admitted being in the house at the time of the murder, but denies involvement in Miss Kercher’s death.

    After cross-examination by the defence, Guede said he had always believed Sollecito and Knox were behind the murder.

    “I’ve always said who was there in that house on that cursed night,” he told the court.

    Knox stood up after Guede’s evidence and denied his claims.

    “The only time that Rudy Guede, Raffaele and I were in the same space has been in court. I’m shocked and anguished.

    “He knows we weren’t there and have nothing to do with it,” she said.

    Sollecito said Guede was always talking “about a shadow that could be me and a voice that could be Amanda’s… we’ve been fighting shadows for four years. Our lives have been destroyed in a subtle and absurd way.”

    Speaking before Monday’s hearing, Knox’s mother Edda Mellas told reporters she hoped that Guede would have the “integrity to stand up and tell the truth”.

    She said her daughter was “always very anxious and nervous but I think she’s glad things are moving along. She feels things are going well,” but that it is, “hard to get too hopeful, especially after the first trial.”

    Two other witnesses were called to counter claims made by another defence witness, a member of the Mafia named Luciano Aviello, who had told the court earlier this month that his brother - who is on the run - had killed Miss Kercher during a botched burglary.

    The two witnesses - two inmates at the same prison as Aviello - testified that Aviello had said he had been contacted by Sollecito’s defence team to stir up confusion in the trial in exchange for money.

    Witness Alexander Ilicet said Aviello had wanted the money for a sex-change operation.


    Thursday, January 20, 2011

    The New 80,000 Pound Gorilla In The Room Introduced By The Italian Supreme Court

    Posted by The TJMK Main Posters



    [St Peter’s and the Vatican in background; Palace of Justice, large white building by river in left foreground]

    What is the biggest headache for the defenses?

    That their areas of appeal, already circumscribed by Judge Hellman, could all explode in their faces? The low-credibility witnesses Alessi and Aviello? The limited DNA retesting? The re-examination of the witness in the park who had no cause to make anything up?

    Or that Rudy Guede gets totally ticked off by Alessi’s claims that Rudy Guede said he did it with one or two others, and so Guede tells the court all that REALLY happened?

    No, it looks to us that the defenses’ biggest headache by far is that the court of final appeal in Rome (the Supreme Court of Cassation, which is superior to the Perugia appeals court and will hear the second and final appeal) has ALREADY accepted that Rudy Guede’s sentencing report of January 2009 holds up.

    And that all three of them attacked Meredith.

    The written report from Cassation on that December 2010 decision on Guede’s final appeal (due soon), plus Judge Micheli’s Sentencing Report for Rudy Guede of January 2009, plus all that associated evidence, now gets automatically ported by law straight into Knox’s and Sollecito’s appeal.

    Judge Micheli took a hard line toward Rudy Guede, and he sentenced him to 30 years. He also remanded Knox and Sollecito to trial, and his report explains the basis for that remand.

    Judge Micheli’s remorseless and tightly argued report (see summaries below) very comprehensively backed up his decisions. (Later reductions in sentence were automatic and they flowed from the terms of Guede’s short-form trial, and some controversial mitigating circumstances advanced by Massei for Knox and Sollecito.)

    The prosecution’s appeal against the Knox and Sollecito sentences argues that the acceptance of mitigating circumstances by the Massei court should be thrown out, and that Knox and Sollecito should be subjected to a longer sentence. Remember that even in the case of Alessi’s wife, who was not even present when he beat the kidnapped baby to death, she received a sentence of 30 years.

    So here is how it is stacking up:.

    • For the prosecution, four courts including the Supreme Court of Cassation have ruled that three people participated in the crime against Meredith, plus all of the evidence from both the Guede and Knox Sollecito trials now comes in, plus the prosecution is appealing for tougher sentences, which seems well justified based on precedents.
    • For the defenses, just those few areas the defenses want to challenge which have been allowed by Judge Hellman NONE of which are sure things.

    Really not very much going for the defenses here. No wonder they already seem to be phoning it in.

    Our meticulous summaries of the Micheli Report by main posters Brian S and Nicki were based on our own translation. A huge amount of work. They were posted nearly two years ago. Periodically we link to them in other posts or we point to them in an email.

    Those who do read those posts fresh are often stunned at their sharpness, and for many or most it becomes case closed and the verdict of guilty is seen as a fair one.

    We think those posts on Micheli are so key to a correct grasp of Knox’s and Sollecito’s appeal prospects that they should now be reposted in full.



    [St Peter’s and the Vatican in foreground; Palace of Justice, large white building in left background]

    Understanding Micheli #1: Why He Rejected All Rudy Guede’s Explanations As Fiction

    By Brian S

    Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

    A week ago, just within the three-month deadline, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

    These posts will examine several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English here were by native-Italian speakers and fellow posters Nicki and Catnip. The next post will explain why Micheli ruled out the Lone Wolf Theory, and why he concluded that Knox and Sollecito appeared to be implicated in Meredith’s murder and should therefore be sent to trial.

    Judge Micheli maintained that from the moment Meredith’s body was discovered until his arrest in Germany on November 19th, Rudy Guede was in a position to compile a version of his involvement in events at the cottage which would minimise his reponsibilities and point the finger of guilt elsewhere.

    He was able to follow the course of the investigation in newspapers and on the internet. He would know of the arrests of Amanda, Raffaele and Patrick. He would know that the investigators had found biological evidence which would sooner or later connect him to the murder, and he would know of other discoveries and evidence which had been publicised in the media.

    His story as told in Germany was compiled with all the knowledge about the crime and investigation he would have sought out. On his return to Italy in December he was interviewed by the investigating authorities and gave version 2. He was interviewed again in March which resulted in version 3, and later still made a spontaneous statement to change one or two facts including the admission that the trainer footprint in Meredith’s room could be his. Judge Micheli said:

      Analyzing the narratives of the accused…he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.

    Micheli then examined the details of Rudy’s claimed meeting with Meredith which resulted in his invitation to the cottage on the evening of November 1st.

    He noted there were substantial differences between his versions of December and March, particularly with regard to the location of his meeting with Meredith on the night of Halloween and his movements in the early evening of November 1st.

    He considered it likely that Rudy had made these changes as he became aware of evidence which contradicted his December version. Notably, in December Rudy claimed to have had his meeting with Meredith which resulted in her invite at a Halloween party given by Spanish students.

    By March it was well known that Meredith had spent her entire Halloween in the company of friends, first in the Merlin pub before they later moved on to Domus disco. In March Rudy changed the location of his meeting with her from the Spanish party to Domus, which by chance Rudy had also attended following the party. However, neither Meredith’s friends who were continuously in her company nor those who accompanied Rudy to the Domus witnessed any meeting between the two. Judge Micheli commented:

      On 26 March 2008, instead, Rudy explained to the Prosecution, drawing a picture, that the group invited to the Spaniards’ house actually moved wholus-bolus to the “Domus” club, but it was right in that nightclub that he met Kercher, and not before; offering up a tour-guide description from the chair, saying, “there’s a bar for the drinks and then there’s a room, there’s an arch and a room. I walking [sic] around there, and that’s where I met Meredith”. On the facts of the meeting and the subject of the conversation, he elaborated: “I started talking to Meredith “¦talking anyway I gave her a kiss.. after which I told her how much I liked her and asked her if the next day, in all the confusion anyway, if we were going to meet the next day and she said yes (”¦), we met in the evening around half eight, like that. While not intending to explore the question, basically irrelevant, of whether the pair had agreed to a more or less specific time (his confirmation of the suggestion of 8.30 pm in both verbal statements however allows the inference that according to Guede they had an appointment), the patent contradiction between the two versions jumps out. One context, of a room between two bathrooms, in an apartment, is completely different to that of a drinks-bar and an arch, in a pub; one might concede, perhaps, the possibility of forgetting which place it was where they last bumped into a friend, but hardly the first time there was a kiss with a girl towards whom one was attracted.

    With regard to his movements in the early evening of November 1st, Rudy’s friend Alex failed to corroborate Rudy’s December claim to have visited his flat. He said he didn’t see Rudy either before or after his meeting with Meredith at her cottage.


    In March, Rudy changed his story and claimed to have risen at 6pm(following the all-nighter at Domus) before wandering around town for an hour or so. He then said he went to Meredith’s cottage but received no answer so he carried on to Piazza Grimana in the hope he might see people he knew. He thought he arrived in the Piazza at around 7:30pm. He claimed that some time later he left Piazza Grimana and called at the Kebab shop before returning to Meredith’s cottage and arriving some time between 8:30 and 9:00pm.

    He said he then waited until her arrival some time just after 9:00pm. It was noted that in both his December and March versions Rudy said he had arranged to meet Meredith at 8:30pm. Micheli noted that this didn’t sit well with another arrangement Rudy had made to meet Carlos (from the Spanish party) between 9:00 and 10:00pm.

    Micheli said that neither version of Rudy’s movements could be treated as true because he changed his story to fit facts as they became known and there was absolutely no corroborating witness evidence.

    Rudy claimed two situations evolved following his entry with Meredith into the apparently empty cottage:

    Whilst he was having a drink of fruit juice from the fridge, he claims Meredith found that 300 euros (her rent money) was missing from her bedside cabinet. Meredith was naturally upset by this discovery and straight away blamed “druggy Amanda”. Rudy said they both checked Amanda’s room to see if the money was there. However, it couldn’t be found and Rudy sought to console her.

    He says that this consolation developed into an amorous encounter which proceeded to the stage where “Meredith asked him” if he had a condom. He told he didn’t and since she didn’t either they stopped their lovemaking.

    Judge Micheli had a real problem with this story as told by Guede. He found it unlikely that Meredith would be interested in lovemaking so soon following the discovery that her money was missing. He found it unlikely that it was Meredith who was leading the way in this amorous encounter as Rudy was suggesting with his claim that it was “Meredith who asked him” if he had a condom.

    Surely, Micheli reasoned, if Rudy was hoping to indulge in a sexual encounter with Meredith following the previous night’s flirting, he would, as any young man of his age, ensure that he arrived with a condom in anticipation of the hoped for liason. But even if he didn’t, and it was true that events had reached the stage where Meredith asked him, then surely given his negative response, Meredith would have again gone into Amanda’s room where, as she had told her friends, condoms were kept by her flat mate. Judge Micheli simply didn’t believe that if they had got to the stage of lovemaking described by Rudy, and following his negative response to her question, they just “STOPPED”. Meredith would have known she had a probable solution just metres away.

    Rudy claimed he then told Meredith he had an upset stomach because of the kebab he had eaten earlier. She directed him to the bathroom through the kitchen.

    Rudy put on his i-pod and headphones as he claimed was his habit when using the toilet. In his December version Rudy said the music was so loud he heard the doorbell ring but he made no reference to hearing any conversation. A perfect excuse, Judge Micheli says, for not hearing the disturbance or detail of Meredith’s murder. However, in his March version he claims he heard Amanda’s voice in conversation with Meredith. When Rudy did eventually emerge from the bathroom he says he saw a strange man with a knife and then a prone Meredith. Micheli commented:

      ...it is necessary to take as given that, in this case, Kercher did not find anything better to do than to suddenly cross from one moment of tenderness and passion with him to a violent argument with someone else who arrived at that place exactly at the moment in which Rudy was relieving himself in the bathroom. In any case, and above all, that which could have been a surprise to the killers, that is to say his presence in the house, was, on the other hand, certainly not put into dispute: Meredith, unlike the attackers, knew full well that in the toilet there was a person who she herself allowed in, so for this reason, in the face of someone who had started raising their voice, then holding her by the arms and ending with brandishing a knife and throwing her to the floor, why would she not have reprimanded/reproached/admonished him immediately saying that there was someone in the house who could help her? “¦Meredith didn’t shout out loudly for Rudy to come and help “¦There was a progression of violence “¦The victim sought to fight back If it is reasonable to think that a lady living 70 metres away could hear only the last and most desperate cry of the girl ““ it’s difficult to admit that Guede’s earphones, at 4-5 metres, would stop him hearing other cries, or the preceding sounds.

    Micheli was also mystified as to why Amanda (named in Rudy’s March version) would ring the doorbell. Why wouldn’t she let herself in using her own key? He supposed it was possible Meredith had left her own key in the door which prevented Amanda from using hers, but the girls all knew the lock was broken and they were careful not to leave their own key in the door. Perhaps, Meredith wanted some extra security/privacy against someone returning and had left her key in the lock on purpose. Maybe Amanda was carrying something heavy and her hands weren’t free. Or, maybe, Rudy was just trapped by his December story of the doorbell when he didn’t name anybody and an anonymous ring on the doorbell was plausible.

    The judge then took issue with Rudy’s description of events following the stabbing of Meredith. Rudy claimed that when he emerged from the bathroom he discovered a man with a knife standing over Meredith. In the resultant scuffle he suffered cut wounds to his hand. armed himself with chair to protect himself. before the attacker fled when he fell over because his trousers came down around his ankles. Micheli said that those who saw Rudy later that night didn’t notice any wounds to Rudy’s hands although some cuts were photographed by the police when he was later arrested in Germany.

    Micheli found Rudy’s claim that the attacker ran from from the house shouting “black man found, black man guilty” unbelievable in the situation. In the panic of the moment it may be conceivable that the attacker could shout “Black man…, run” following the surprise discovery of his presence in the house, but in the situation Rudy describes, blame or expressions of who the culprit thought “the police would find guilty” made no sense. It would be the last thing on an unknown attackers mind as he sought to make good his escape.

    Micheli considers the “black man found, black man guilty” statement an invention made up by Rudy to imply a possible discrimination by the authorities and complicate the investigation. Micheli also saw this as an excuse by Rudy to explain away his failure to phone for help (the implication being that a white man could have made the call). It was known by her friends and acquaintances that Meredith was never without her own phone switched on. She kept it so, because her mother was ill and she always wanted to be available for contact should her mother require help when she was on her own

    Judge Micheli regarded Rudy’s claimed efforts to help Meredith impossible to believe, given the evidence of Nara Capezzali. Rudy claimed to have made trips back and forth to the bathroom to obtain towels in an attempt to staunch the flow of bood from Meredith’s neck. He claimed to have leaned over her as she attempted to speak and written the letters “AF” on the wall because he couldn’t understand her attempted words. His described activities all took time and Rudy’s flight from the house would have come minutes after the time he alleged the knife-man ran from the cottage.

    Nara Capezzali maintained that after she heard Meredith’s scream it was only some seconds (well under a minute) before she heard multiple footsteps running away. Although she looked out of her window and continued to listen for some time because she was so disturbed by the scream, she neither heard nor saw any other person run from the house. That Rudy had run wasn’t in doubt because of his collision on the steps above with the boyfriend of Alessandra Formica. Micheli therefore considered it proven that “all” of Meredith’s attackers, including Rudy, fled at the same time.

    Earlier in his report Micheli considered character evidence on Rudy given by witnesses for both prosecution and defense. Although he had been seen with a knife on two occasions, and was considered a bit of a liar who sometimes got drunk, the judge didn’t consider that Rudy had previously shown a propensity for violence, nor behaviour towards girls which differed markedly from that displayed by many other young men of his age.

    However, because of the wealth of forensic evidence [on which more later] and his admitted presence in the cottage, combined with his total disbelief in Rudy’s statements, Micheli found Rudy guilty of participation in the murder of Meredth Kercher.

    He sentenced him to 30 years in prison and ordered him to pay compensation of E2,000,000 each to Meredith’s parents John and Arline Kercher, E1,500,000 each to Meredith’s brothers John and Lyle Kercher plus E30,000 costs in legal fees/costs + VAT. Also E1,500,000 plus E18,000 in legal fees/costs + VAT to Meredith’s sister, Stephanie Kercher.


    Understanding Micheli #2: Why Judge Micheli Rejected The Lone-Wolf Theory

    By Brian S

    And so decided that Raffaele Sollecito and Amanda Knox should face trial.

    First, just to recap: Judge Micheli presided over both Rudy Guede’s trial and sentencing to 30 years and the final hearing that committed the two present defendants to trial.

    Ten days ago, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

    These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English used here were by native-Italian speakers and fellow posters Nicki and Catnip.

    Right at the outset of his Sentence Report on the conviction of Rudy Guede, Judge Micheli stated that it was neither the place nor his intention to make the case against either Raffaele Sollecito or Amanda Knox. He said he must necessarily involve them to the extent that they were present at the discovery of Meredith’s body. He said he must also examine evidence against them where he saw it as indicating that Rudy Guede was not a lone wolf killer and implicated them as his possible accomplices in Meredith’s murder.

    Judge Micheli described the sequence of events laid out by the prosecution which lead to the discovery of Meredith’s body:

    Early on the morning of November 2nd, Signora Lana Biscarini received a bomb threat call made to her home at 5A Via Sperandio. (This later transpired to be a hoax.)

    Some time later Signora Biscarini found a mobile phone in her garden. She “had heard” that bombs could be concealed in mobile phones and so she took it to the police station arriving at 10:58am as recorded by ISP. Bartolozzi

    The postal police examined the phone and following removal of the SIM card, discovered at 11:38am that it belonged to a Filomena Romanelli who lived at the cottage at 7 Via della Pergola. Following a call by Signora Biscarini to check with her daughter who was still at home, it is in the record at 11:50am that neither say they know the Filomena in question. At around noon Signora Biscarini’s daughter rings her mother at the police station to say she has found a second phone.

    The second phone (Meredith’s) is collected from Via Sperandio and taken to the police station. Its receipt there is logged by ISP. Bartolozzi at 12:46pm. During its examination Meredith’s phone is also logged as connecting to the cell of Strada Borghetto di Prepo, which covers the police station, at 13:00pm. At 13:50pm both phones, which have never left the police station following their finding, are officially seized. This seizure is entered in the log at 14:00pm.

    Separately, as part of the bomb hoax investigation, agents of the postal police are dispatched to make enquiries at Filomena’s address in Via della Pergola.

    They are recorded in the log and filmed on the car park camera as arriving at 12:35pm. They were not in possession of Filomena’s phone, which remained at the police station, nor of Meredith’s which at this time was being taken from Via Sperandio to the police station for examination as part of the bomb hoax enquiry.

    Judge Micheli said that some confusion was created by the evidence of Luca Altieri (Filomena’s boyfriend) who said he saw two mobile phones on the table at the cottage. But, Micheli said, these two phones either belonged to the others who arrived, the postal police themselves or Amanda and Raffaele. They were NOT the phones of Filomena or Meredith.

    On their arrival at the cottage, the agents of the postal police found Raffaele Sollecito and Amanda Knox standing outside the front door.

    The two seemed surprised to see them (the postal police had come to talk to Filomena about a bomb hoax which potentially involved her phone, plus they had recently been informed of the discovery of second phone in the same garden), but then they explained they had discovered suspicious circumstances inside the cottage.

    Raffaele said he had already phoned the police and they were awaiting their arrival in connection with that. Elsewhere in his report Micheli points out that Raffaele did, in fact, make a call to his sister at 12:50pm, followed by two calls to “112” reporting a possible burglary at 12:51 and 12:54pm, 15 minutes after the arrival of the postal agents.

    Judge Micheli said the postal police were shown into the cottage by Raffaele and Amanda. They pointed out the traces of blood around the apartment, the state of the toilet and the disturbance to Filomena’s room. They said they didn’t think anything had been taken. They pointed out that Meredith’s door appeared to be locked, Raffaele said he had tried to open it, but Amanda said Meredith used to lock the door even when she was going to the bathroom to shower.

    Shortly afterwards Luca Altieri and Marco Zaroli arrived. Luca said he had just been contacted by his girlfriend Filomena, who in turn had just been contacted by Amanda Knox about the possible break in. A few minutes later, Filomena herself arrived with Paola Grande. Micheli noted that Filomena had immediately contradicted what Amanda had told the postal police and she said that Meredith never locked her door. She also told the postal police that the phone found with a SIM card in her name was in fact Meredith’s 2nd phone, that she had given Meredith the SIM as a present. The postal police said that they didn’t have the authority to damage property and so the decision was made that Luca would break down the door.

    This he did. The scene when the door flew open was instantly obvious, blood everywhere and a body on the floor, hidden under a duvet except for a foot and the top of Meredith’s head. At that point ISP Battistelli instantly took charge. He closed the door and forbade anyone to enter the room before contacting HQ.

    Following his description of the events which lead to the discovery of Meredith’s body, Micheli then dedicates quite a few pages of his report to detailing the exact locations, positions, descriptions and measurements of all the items, blood stains, pools and spots etc.etc. found in her room when the investigators arrived. He also goes into precise details on the injuries, marks, cuts and bruises etc. which were found by Lalli when he examined Meredith’s body in situ at the cottage before she was moved. Despite their extent, it is obvious these details are only a summary of the initial police report and also a report made by Lalli on the 2nd November.

    It is these details which allowed the prosecution to lay out their scenario for the events which they say must have happened in the room. It is also these details which convince Micheli that it was impossible for this crime to be carried out by a single person. In his report, he dismisses completely the scenarios presented by the defences of Amanda and Raffaele for a “lone wolf killing”. Micheli says that he is convinced that Meredith was sexually assaulted and then murdered by multiple attackers.

    Judge Micheli also explains in his report how the law will decide on sexual assault or rape where the medical report (as was Lalli’s) is somewhat inconclusive. Else there would be no point in a woman reporting rape unless she had serious internal injuries. His conclusion: Meredith was raped by Rudy Guede manually.

    So why does Judge Micheli believe that Amanda Knox and Raffaele Sollicto were possible accomplices of Rudy Guede and should be tried for the murder of Meredith Kercher?

    In his report, he doesn’t look at the evidence which involves just them, nor does he analyze their various stories in his report. He doesn’t look at events involving them which occurred between the 2nd and 5th November. He does note a few items here and there, but these aren’t given as the major reasons for his decision to indict them.

    He notes Raffaele’s apparent lies about the time he made the 112 phone calls. He dismisses Raffaele’s defense claim that the disposal of Meredith’s phones didn’t allow time for Raffaele to get to the cottage after watching his film, kill Meredith, and then dispose of the phones in Via Sperandio before the aborted call to Meredith’s bank. He noted that the cell which picked up the brief 10:13 call to Meredith’s bank also picked up most of Meredith’s calls home.

    He asked whether it was possible for anybody to believe that each time Meredith wanted to phone home, she walked down to Via Sperandio to make the call. He notes that the police found Amanda and Raffaele’s behaviour suspicious almost straight away. He notes that Filomena said that the relationship between Amanda and Meredith had deteriorated by October. He says he doesn’t believe at all that cannabis caused any loss of Amanda’s and Raffaele’s memories.


    Judge Micheli says he bases his decision on the following points of evidence:

    [Note: The following paragraph numbers form no part of Micheli’s report. They are used in the context of this summary to identify the points of evidence contained in his report which will be examined and summarised in greater detail in follow-up posts]

    1) Judge Micheli, after hearing both prosecution and defense arguments about Meredith’s and Amanda’s DNA on the knife and Raffaele’s DNA on Meredith’s bra clasp, accepted the prosecution argument that that both were valid evidence. He did note, however, that he fully expected that the same argument would be heard again at the full trial. In his report, Micheli dedicates several pages to explaining the opposing arguments and how he made his decision to allow the evidence. It is a detailed technical argument, and it is not proposed to examine it any closer in this post.

    2) Judge Micheli explains that blood evidence proves that Meredith was wearing her bra when she was killed. Nor is it just the blood on her bra which demonstrates this. It’s also where the blood isn’t on her body. He says that Meredith was wearing her bra normally when she laid in the position in which she died, and she was still wearing it for quite some time after she was dead. Her bra strap marks and the position of her shoulder are imprinted in the pool of blood in that position. Meredith’s shoulder also shows the signs that she lay in that position for quite some time.

    He asks the question: Who came back, cut off Meredith’s bra and moved her body some time later? It wasn’t Rudy Guede. He went home, cleaned himself up and went out on the town with his friends. Judge Micheli reasons in his report that it could only have been done by someone who knew about Meredith’s death and had an interest in arranging the scene in Meredith’s room. Seemingly who else but Amanda Knox?

    She was apparently the only person in Perugia that night who could gain entry to the cottage. And the clasp which was cut with a knife when Meredith’s bra was removed was found on November 2nd when Meredith’s body was moved by the investigators. It was right under the pillow which was placed under Meredith when she was moved by someone from the position in which she died. On that clasp and its inch of fabric is the DNA of Raffaele Sollecito and Amanda Knox. Micheli reasons in his report that Raffaele and Amanda seemed to have returned to the cottage some time after Meredith was dead, cut off her bra, moved her body, and staged the scene in Meredith’s room.

    3) Judge Micheli explains his reasoning on the method of Rudy’s entry into the cottage. He says that Rudy’s entry through the window is a very unlikely scenario and the evidence also indicates otherwise. He says the height and position of the window would expose any climber to the full glare of traffic headlights from cars on Via della Pergola. He asks, why wouldn’t a thief choose to break in through a ground floor window of the empty house? He says the broken glass and marks on the shutter both demonstrate the window was broken from the inside, some of the glass even falling on top of Filomena’s clothes which had been thrown around the room to simulate a robbery.

    But his major reasoning for believing Rudy’s entry was through the front door are the bloody bare footprints which show up with luminol and fit Knox’s and Sollecito’s feet. These suggest that they entered Filomena’s room and created the scene in there after Meredith was killed. Allessandra Formica witnessed Rudy run away shortly after Meredith was stabbed. Someone went back later, left those footprints and staged the scene.

    This, when considered in combination with the knowledge that person demonstrated of Rudy’s biological involvement with Meredith when they also staged the sex assault scene in Meredith’s own room indicates that that person was present when Meredith was assaulted and killed. He said it also demonstrated an attempt by someone who had an interest in altering the evidence in the house to leave the blame at Rudy’s door. Micheli reasoned, the only person who could have witnessed Rudy’s earlier sex assault on Meredith, could gain entry via the door and had an interest in altering the crime scene in the house appeared to be Amanda Knox. In his report, Micheli states that this logic leads him to believe that Amanda Knox was the one who let Rudy Guede into the cottage through the front door.

    4) Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith. In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.

    Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.

    5) Judge Micheli examines the evidence of Hekuran Kokomani and finds him far from discredited. His says the testimony is garbled, his dates and times makes no sense but…. that Hekuran Kokomani was in the vicinity of the cottage on both 31st Oct. and 1st Nov isn’t in doubt. Furthermore, Micheli says that when he gave his statement, the details which he gave of the breakdown of the car, the tow truck and the people involved weren’t known by anyone else. He must have witnessed the breakdown in Via della Pergola. The same breakdown was also seen by Allessandra Formica shortly after Rudy Guede collided with her boyfriend.

    This places Hekuran Kokomani outside the cottage right around the time of Meredith’s murder and he in turn places Raffaele Sollecito, Amanda Knox and Rudy Guede together outside the cottage at the same time. His evidence also places all three outside the cottage at some time the previous night.

    Judge Michelii found that all this evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.


    Understanding Micheli #3: How Damning Is The DNA Evidence Coming Up?

    By Nicki

    Probable answer? Pretty damning.

    Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

    Late January, Judge Micheli made public the 106-page report that explains the thinking behind both actions. These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales.

    The trial to establish the truth about the murder of Meredith continues next Friday. As we’ve reported, various human witnesses have already been heard from: the Postal Police who discovered Meredith’s body, Meredith’s two Italian roommates, and her seven British friends.

    Coming up soon is a more silent witness, one very important to both the prosecution and the two defenses: the DNA evidence.

    Specifically the DNA belonging to Meredith, Knox, Sollecito, and Guede which was found at the scene of the crime, and on the suspected murder weapon found, apparently hidden, in Raffaele Sollecito’s house.

    Traces of Meredith’s DNA have been found on a knife compatible with the wounds that caused her death. Amanda Knox “˜s genetic material was identified on the knife handle. DNA belonging to Sollecito has been found on the clasp of the victim’s bra. And more DNA showing Rudy Guede’s genetic profile was found on the victim’s body and elsewhere in the house.

    In summary, the biological sources and locations where DNA belonging to the three defendants was found are these:

    • Guede’s DNA (from epithelial cells) was found inside Meredith, on toilet paper, on the right side of Meredith’s bra, mixed with Meredith’s DNA on the her purse zip, and on the left cuff of Meredith’s light blue sweater
    • Sollecito’s DNA (from epithelial cells) was found on Meredith’s bra clasp, mixed with Meredith’s DNA, and on one cigarette butt found in the kitchen
    • Knox’s DNA (from epithelial cells) was found on the knife sheath, and close to the blade junction. It was not possible to ascertain both the haematic and epithelial source of Meredith’s DNA on the knife blade, due to the scarcity of the sample. But Judge Micheli noted that reasonable doubt persist that blood could have been present also.
    • Other significant biological traces belonging to Meredith - for example, DNA originating from the blood-trace footprints revealed by luminol found in Filomena’s bedroom, as already reported at trial.

    Claims of contamination and “poor matches” of the DNA samples were raised by the Sollecito and Knox defenses, although not by Guede’s. The DNA expert Dr. Stefanoni’s arguments in reply to the defenses’ claims are summarized in Judge Micheli”˜s report.
     
    Dr Stefanoni reported that the locus ascribable to Meredith and identified on the knife blade shows readings of 41 and 28 RFU. Conventionally, RFU values lower than 50 can be defined as low. But she maintained that the profile matched Meredith’s by explaining that there is no immediate correlation between the height of the peaks obtained by electropherogram and expressed in RFU, and the reliability of the biological investigation.

    In fact “even if statistically - in most cases - the RFU data is directly proportional to the possibility of a certain interpretation of the analysis result, on the other side many cases of high peaks of difficult interpretation exist (because of background noises), as well as low peaks that are objectively unquestionable, hence the need to proceed to the examination of data that is apparently scarce, but that mustn’t be considered unreliable per se.”

    *The use of multiplex PCR and fluorescent dye technology in the automated detection and analysis of short tandem repeat loci provides not only qualitative information about the profile - i.e. which alleles are present - but can provide also quantitative information on the relative intensities of the bands, and is therefore a measure of the amount of amplified DNA.”

    So if on one side Dr Stefanoni admits that the RFU readings are low, on the other her experience suggests that many cases of unquestionable matches exist showing readings lower than 50 RFU, and this appears to be the case with Meredith’s DNA sample on the knife.


    Contamination in the laboratory is categorically excluded by Dr Stefanoni. The samples were processed with maximum care in order to avoid any contamination during lab procedures. Contamination during the collection phase is excluded by Judge Micheli, as the samples were collected by different officers at different times in different places (example Via della Pergola at 9:40am on Nov 6. 2007, and Sollecito’s apartment at 10:00am, on the same day, by a different ILE team).

    As for Sollecito’s DNA found on the bra clasp, the match is unquestionable, according to the lab reports. Samples from crime scenes very often contain genetic material from more than one person (e.g. Rudy Guede’s DNA has been identified in a mixture with the victim’s DNA in a few places), and well-known recommendations and protocols exist in order to de-convolute mixed samples into single genetic profiles.

    So if the lab reports indicate that unquestionable biological evidence of Sollecito’s DNA was found on the bra clasp, at the present time we have no reason to believe that these recommendations weren’t followed and that therefore the reports are not to be trusted.

    As to cells “flying around” depositing themselves ““ and their DNA content - here and there around the murder scene, there have been some imaginative theories advanced, to say the least.

    The reality though is that although epithelial cells do shed, they don’t sprout little wings to flock to one precise spot, nor grow feet to crawl and concentrate on a piece of evidence. There needs to be some kind of pressure on a surface in order to deposit the amount of biological material necessary to yield a reliable PCR analysis result. A simple brushing will not do. 

    As a matter of fact, Dr Stefanoni agreed with Guede’s defense that Guede”˜s genetic material found on the left sleeve of Meredith’s blouse was minimal; and this was because the DNA found there belonged to the victim and was not a mixture. In the situation where there is a clear disproportion between quantitative data of two DNA’s coexisting in a biological trace, the PCR will amplify the most abundant DNA.

    As agreed by Dr. Stefanoni and Guede’s defense, the conclusion here was that on the left sleeve there was plenty of Meredith’s DNA but very little of Guede’s. (This was used by his defense to deny that Guede had exerted violence on Meredith’s wrist).

    After listening to the arguments of the prosecution and the defenses, Judge Micheli provided reasons why he rejected the contamination claims and ruled that all the biological traces identified as reflecting Sollecito’s and Knox’s DNA are admissible as evidence. He arrived at the conclusion that the DNA evidence is sound and, considered along with the non-biological proof, he decided there was more than enough evidence to order Knox and Sollecito to stand trial. 

    Regarding the biological significance of the traces, we are now looking forward to hearing the Knox and Sollecito defenses’ counter-arguments.  But as we understand it now, the DNA evidence for the trio having all been involved in the murder seems pretty damning.


    Understanding Micheli #4: The Staged Scene - Who Returned To Move Meredith?

    By Brian S

    Please be warned that this is sad and hard-going, although many other passages from the Micheli report we will never post on here are even more harrowing.

    Just to recap. Judge Micheli presided over Rudy Guede’s trial and sentencing and the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

    Late January he made public the 106-page report that explains the thinking behind both actions. These posts are examining key areas of the report so that we too may decide on the rationales.

    This post is about the final position of the body. Why this matters so much is that if the evidence holds firm, all by itself it will prove that there was a major rearrangement of the crime scene, to try to throw investigators off the trail.

    This is as near to an 80,000 pound gorilla in the room as we are likely to see in this trial. And it may even be on the trial agenda for this coming Friday and Saturday.

    Reports by the crime-scene investigators and Dr Lalli are summarised in Judge Micheli’s report. They describe the detail of the scene discovered in Meredith’s room. The investigators measured and photographed the position and state of everything, including blood, as it was in the room before anything was moved.

    Amongst the items noted was a white bra. Some parts were soaked in blood, particularly the right shoulder strap and the outside of the left cup. They also noted that a portion of the backstrap with its clasp fixings was missing. Meredith herself was lying on her back midway between the wardrobe and the bed, without her jeans, a pillow under her buttocks and her top rolled up to reveal her chest.

    Following this survey, Meredith’s body was then turned and moved by the investigators. This revealed the other items on which her body had lain. A tennis shoe, a white sheet from the bed and a blue zipped top, all with blood stains. Also a green bath towel and an ivory bath towel, both soaked in blood, and underneath the pillow was the missing clasp section of the bra back-strap.

    Judge Micheli notes that Amanda’s defence claimed that “the small round spots of blood” apparent on Meredith’s chest indicated that she was not wearing her bra when she was killed. He agreed that it was likely that these spots fell from Meredith’s gasps for breath as she lay on her back after she had been stabbed. However, he could not agree with their conclusion that her bra had been removed before this time, as similar small round spots were also found on Meredith’s bra.

    Micheli reasoned that this indicated that Meredith was still wearing her bra as she gasped for breath, but that her top was rolled up and the bra moved also. Thus indicating the sexual nature of the original attack, but also allowing the small round spots to fall on both chest and bra. Furthermore, other blood evidence involving the bra indicated that it wasn’t removed until some time after Meredith had died.

    He said that Meredith’s bra was found by investigators away from other possible blood contamination on the floor, near to her feet. Photographs of Meredith’s body show clear white areas where the bra prevented blood from falling onto Merediths body. These white areas corresponded to those areas where blood was found on her bra. This was particularly true in the area of the right shoulder strap which was soaked from the wound to Meredith’s neck.

    Micheli said that evidence showed that Meredith had lain on one shoulder near the wardrobe. She lay in that position long enough for the imprint of her shoulder and bra strap to remain fixed in the pool of blood after she was moved to the position in which her body was finally found. Photographs of blood on her shoulder matched the imprint by the wardrobe and her shoulder itself also showed signs that she had remained in that position for some time.

    Based on all this, Judge Micheli concluded that there could be no doubt that Meredith’s body was moved away from the wardrobe and her bra removed quite some time after her death.

    Neighbor Nara Capezzali had testified that people fled from the cottage within a minute of Meredith’s final scream. There was no time for any alteration of the crime scene in those very few moments.

    Judge Micheli asks in his report, who could have returned later and staged the scene which was found? Who later moved Meredith’s body and cut off her bra? He reasons it could only be someone who had an interest in changing what would become a crime scene found at the cottage. Who else but someone who lived there, and who wanted to mislead the coming investigation?

    It couldn’t have been Laura, she was in Rome. It couldn’t have been Filomena, she was staying with her boyfriend. It was very unlikely that it was Rudy Guede, all proofs of his presence were left untouched.


    The culprits ran from the cottage in different directions and there is no reason to believe they met up again before some or one of them returned. Judge Micheli stated that, in his opinion, this just left Knox who would seem to have an interest in arranging the scene the police would find.

    Bloody footprints made visible with luminol in Filomena’s room contain Meredith’s DNA. This indicated to Judge Micheli that the scene in Filomena’s room was also staged after Meredith was killed.

    In Micheli’s opinion the scene in Meredith’s room was probably staged to point the finger at Rudy Guede. All evidence related to him was left untouched, and the pillow with a partial palm print was found under Meredith’s repositioned body.

    But whoever later arranged that scene in Meredith’s room also unwittingly indicated their own presence at the original sexual assault. Who else could have known that by staging an obvious rape scene, they would inevitably point the investigators towards Rudy’s DNA which they knew could be found in Meredith?

    Micheli asks: Seemingly, who else could it have been but Amanda Knox? And this in part is why she was committed to trial, for her defense to contend this evidence.


    Friday, December 31, 2010

    Report #5 On Perugia: The Walk From The Basketball Court Through The Intersection To The House

    Posted by SomeAlibi


    Sunday, December 26, 2010

    Report #4 On Perugia: Why Amanda Knox Might Have Encountered Guede 20 Or More Times Near Her Home

    Posted by SomeAlibi

    The road up from the cottage and the intersection to the language school and university is a real deathtrap. It has no sidewalk, the traffic roars along, and at night the street is very dark. 

    So typically those coming from the area of the cottage head up the stone steps for s few steps and then they walk across the basketball court and the piazza. Reverse that (as in this video) for people going the other way.

    As Rudy Guede was a habitual user of the basketball court, Amanda Knox might have seen him there as many as two dozen or three dozen times. 


    Thursday, December 23, 2010

    Report #3 On Perugia: This Is The Walk From Raffaele’s House To The Basketball Court

    Posted by SomeAlibi


    Sunday, February 28, 2010

    This Was Definitely Not A Close Or Indecisive Case - Reasonable Doubt Was In Fact Totally Eliminated

    Posted by FinnMacCool




    Trashing Of Hard Evidence Gets Worse

    You can see from the posts directly below that the Knox-was-framed camp is, if anything, becoming more superficial with all those pesky facts rather than less.

    Hard reality is that nobody has ever come within light-years of constructing an alternative scenario of the crime. Hard reality is that for Knox and Sollecito the totality of the facts, seen together as the judges and jury did, are extremely damning. Hard reality is that the verdicts were decisive and unanimous. And hard reality is that Judges Sentencing Report due out some time this week will apparently be quite definitive.

    Click here for the rest


    Thursday, January 21, 2010

    We Now Examine The Vital Sentencing Report The Entire US And UK Media Overlooked

    Posted by ViaDellaPergola



    The report overlooked is of course the formidable Micheli Report of precisely one year ago.

    This 106-page report in Italian - initially issued electronically to the press and on paper to the public, and later posted on the Ministry of Justice website - explained Guede’s sentencing and Knox’s and Sollecito’s commitment to trial.

    There were literally DOZENS of evidence points. And it is crystal-clear after reading it all that there is no way in the world that the attack on Meredith was carried out by a single person.

    TJMK and our sister site PMF posted what were the ONLY long excerpts of the report ever published in the English-speaking world.

    The UK and US mainstream media almost universally ignored the Micheli Report. The UK media published only brief, mild excerpts, and the US media published NO EXCERPTS AT ALL.

    We have repeatedly referred back to the report in the posts and comments here, as it is so vital to seeing how the totality of the prosecutions’ case points so unequivocally to Knox, Solllecito and Guede ALL being guilty of killing Meredith.

    Here are six of our key posts on the report.

    That second-to-last posting (The Staged Scene - Who Returned To Move Meredith?) is absolutely devastating to the dwindling group of Knox apologists that try to argue that there was no clean-up and a lone wolf (Guede) acted entirely alone.

    Guede did NOT move Meredith or clean selectively to simulate a sex crime several hours after she passed away. First, he had no reason to (good reason not to, in fact), second, he left no evidence of that nature, and third, he was already otherwise engaged, in front of various witnesses.

    At the latest by early March, the judges in the Sollecito-Knox trial will release a report that is similar in depth and detail to this one and presumably also in its power to convince.

    Hopefully the English-language media will actually do their own translations of the report this time around. But if not, it will all be available in good English, fairly promptly, here.

    Posted by ViaDellaPergola on 01/21 at 10:33 PM • Permalink for this post • Archived in Trials 2008 & 2009Prelim hearingsRudy GuedeComments here (5)

    Monday, October 12, 2009

    Our Take On The Case For The Prosecution: #5 Defendants’ Claims Shown To Be A Mass Of Contradictions

    Posted by The Machine



    [Above: Perugia’s central police station]

    Preamble

    This series is a summary of the prosecution’s case in about ten parts, with a commentary on matters of key significance.

    The material has been reordered so that evidence presented at several points in the trial can be described in one post here. Sources used are the many published reports, some transcripts made of the testimony and the mobile phone records of Amanda Knox and Raffaele Sollecito.

    The first four posts were on the DNA evidence, the luminol-enhanced footprint evidence, and Raffaele Sollecito’s and Amanda Knox’s various conflicting alibis.

    Now we look at the many contradictory statements of Amanda Knox and Raffaele Sollecito brought out by the prosecution.

    The prosecution showed that not only are they contradicted by one another. They are contradicted by telephone and computer records, by closed-circuit TV footage, and by the corroborated testimony of several witnesses.

    One question that Judge Massei and Judge Cristiana and the six members of the jury will now be asking themselves is: if Amanda Knox and Raffaele Sollecito are innocent and had nothing to hide, why did they lie so repeatedly?

    Knox’s and Sollecito’s lawyers have had the unenviable task of trying to explain all their contradictions away.

    Sollecito’s lawyers have argued that he lied out of confusion and fear. Knox’s lawyers have argued that she dramatically changed her version of events because she was hit and mistreated by the police on 5 November 2007.  Neither of these claims stood up to close scrutiny.

    And the prosecution made it overwhelmingly apparent to the judges and the jury that Knox and Sollecito each lied deliberately and repeatedly to various people even before they were suspects and even before Knox was questioned on 5 November.

    It was made intensely obvious that Knox and Sollecito’s versions of what they did on 1 November had very little in common with each other, especially in that part of the evening when they both claim they couldn’t remember very much because they were suffering from cannabis-induced amnesia.

    There is no convincing scientific evidence that shows that cannabis can cause such dramatic amnesia. Skunk cannabis can cause extreme psychotic episodes and murders have occurred as a result. Long term use of cannabis can affect short-term memory and users might have difficulty recalling a telephone number. But wipe out whole chunks of an evening from anyone’s memory banks? The proof simply isn’t there.

    1-A) The afternoon of 1 November 2007 according to Raffaele Sollecito

    Sollecito told investigators that Knox and he had left the cottage on Via della Pergola at 6.00pm and that they went for a walk downtown. They passed through Piazza Grimana, Piazza Morlacchi and the main fountain in Corso Vannucci.

    1-B) The afternoon of 1 November 2007 according to Amanda Knox

    Knox told investigators it was an hour earlier at 5.00pm and that they went straight to Sollecito’s apartment.

    2-A) The evening of 1 November 2007 according to Raffaele Sollecito

    Raffaele Sollecito first claimed in an interview with Kate Mansey from the Sunday Mirror that he and Amanda Knox were at a friend’s party on the night of the murder.

    Sollecito said that he downloaded and watched the film Amelie during the night. However, computer expert Mr Trotta said that the film had actually been watched at around 6.30 pm.

    On 5 November Sollecito told police that Knox went to meet friends at Le Chic at around 9pm and that she didn’t return until about 1am:

    “At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”

    Sollecito claimed that he had spoken to his father at 11pm. Phone records show that there was no telephone conversation at this time. Sollecito’s father had called him a couple of hours earlier at 8.40pm.

    Sollecito claimed that he was alone and surfing the Internet from 11pm to 1am. No technical evidence of this was introduced. computer specialists have testified that his computer was not used for an eight-hour period on the night of Meredith’s murder

    The Kercher’s lawyer, Franco Maresca, pointed out that credible witnesses had really shattered all of Sollecito’s alibi for the night of the murder.

    2-B) The evening of 1 November according to Amanda Knox

    Amanda Knox told the police that she hadn’t replied to Diya Lumumba’s text message. The police knew full well that this wasn’t true because they already had her mobile phone records that proved that she had texted him.

    “After that [finding out she wasn’t required at Le Chic] I believe we relaxed in his room together, perhaps I checked my email.” But no internet activity at all was proven at Sollecito’s apartment beyond the early evening.

    “One thing I do remember is that I took a shower with Raffaele and this might explain how we passed the time. In truth, I do not remember exactly what day it was, but I do remember that we had a shower and we washed ourselves for a long time. He cleaned my ears, he dried and combed my hair.”

    But Sollecito made no mention of taking a shower with Amanda Knox on the night of the murder.

    In Amanda Knox’s handwritten note to the police she claimed that she and Sollecito ate around 11.00pm:

    “One of the things I am sure that definitely happened the night on which Meredith was murdered was that Raffaele and I ate fairly late, I think around 11 in the evening”

    But Knox testified at the trial that she and Sollecito ate around 9.30pm.  “After we ate Raffaele washed the dishes but the pipes under his sink broke and water flooded the floor.”

    3) The early hours of 2 November

    Both Knox and Sollecito claim that they woke up late on 2 November. However, their mobile phone records show the mobiles were turned on at approximately 6.02am. Sollecito also used his computer at 5.32am. The Italian Supreme Court remarked that his night must have been “sleepless” to say the least.

    4) The afternoon of 2 November

    At 1208pm, Amanda Knox called Filomena and said she was worried about the front door being open and blood stains in the small bathroom. Knox claims that she made this call from Sollecito’s apartment.

    However, in his prison diary, Raffaele describes the same conversation as taking place at the cottage.

    Knox claimed that when she called Meredith’s Italian phone it “just kept ringing, no answer”.

    Her mobile phone records show this call lasted just three seconds, and the call to the UK phone lasted just four seconds. (Meredith’s WeAnswer Call service, which prides itself on how quickly it answers its customers’ calls, boasts that their average speed-of-answer is 5.5 seconds. There were no messages left.)

    At 12.34pm Amanda and Filomena again spoke on their phones. Filomena said, “We spoke to each other for the third time and she told me that the window in my room was broken and that my room was in a mess. At this point I asked her to call the police and she told me that she already had.”

    The prosecution introduced records to show that Knox and Sollecito didn’t actually call the police until 12.51pm.

    In her email to friends in Seattle on 4 November, Amanda Knox says she called Meredith’s phones after speaking to Filomena. Knox’s mobile phone records prove that this was untrue.

    In the email, Amanda also claims that she called Filomena back three quarters of an hour later ““ after Raffaele finished calling the police at 12:55pm. But cellphone records show that Knox never ever called Filomena back at all.

    Sollecito and Knox both claimed they had called the police before the postal police had turned up at the cottage and were waiting for them. Sollecito later admitted that this was not true, and that he had lied because he had believed Amanda Knox’s version of what had happened.

    He said he went outside “to see if I could climb up to Meredith’s window” but could not. “I tried to force the door but couldn’t, and at that point I decided to call my sister for advice because she is a Carabinieri officer. She told me to dial 112 (the Italian emergency number) but at that moment the postal police arrived.

    He added: “In my former statement I told you a load of rubbish because I believed Amanda’s version of what happened and did not think about the inconsistencies.” (The Times, 7 November, 2007).

    The CCTV cameras in the car park record the arrival of the postal police at 12.25pm which corroborates Sollecito’s admission that he had spoken rubbish.

    Knox’s email to friends in Seattle describes the decision to call the police as something implemented by herself and Sollecito, after she had tried to see through Meredith’s window, and after Raffaele had tried to break down Meredith’s door.

    Knox’s mobile phone records show that she called her mother at 12:47pm, but she makes no mention of this call in her email. (This call was very extensively analysed by fellow poster Finn MacCool and he showed a fascinating progression in both Amanda’s and her mother’s recollection of that call.) 

    Edda Mellas claims that she told Amanda to hang up and call the police ““ but Amanda made no mention of this advice from her mother in describing their decision to call the police.

    Amanda Knox testified that she couldn’t even remember phoning her mother, which will be very difficult for the court to believe. Phoning her mother when it is well after midnight in Seattle to tell her mother that she thought somebody had broken into her home and that her housemate was missing seems an unlikely thing to forget.

    Amanda Knox told the postal police that Meredith always kept her door locked. Filomena strongly disagreed with her, and told the postal police the opposite was true.

    The prosecution also made it obvious to the court that Amanda Knox and Raffaele Sollecito, like Rudy Guede, changed their stories to fit new facts as they became known:

    When Sollecito was confronted with the mobile phone records on 5 November, he immediately admitted that they hadn’t called 112 before the postal police arrived.

    After initially denying it, Knox readily admitted that she was at the cottage when Meredith was killed when she found out that Sollecito had stopped providing her with an alibi.

    Despite this changing of their stories to take into account the latest known facts, Knox’s and Sollecito’s versions still contained numerous contradictions. Sollecito’s final alibi contains several apparent lies, and Amanda Knox accused Diya Lumumba of killing Meredith while making no mention of Rudy Guede. 

    In Conclusion

    The reasons Amanda Knox’s and Raffaele Sollecito’s lawyers have given for them lying - namely false memories, confusion and fear ““ seem very unlikely to fly with the court.

    Repeated evidence was introduced to show that Meredith’s other flatmates and friends all behaved radically differently, and told what were obvious truths that matched up repeatedly and resulted in not a single major contradiction. All were checked out in this careful fashion and then allowed to go on their way.

    Only the defendants’ claims failed to coincide or match with everything else.

    Again, and again, and again.


    Saturday, June 27, 2009

    Trial: Defense Testimony Today On Guede In Milan And Knox In Seattle

    Posted by Peter Quennell




    Another short day in court

    The defenses continue to seem rather rudderless and despondent. Only Maria Del Prato from Milan and two Knox friends testified in court.

    A statement to police by Christian Tramontano was introduced; he claimed Guede once broke in and threatened him. But he was not called for cross-examination, and Judge Micheli had not believed him.

    This was all of the testimony for today, in yet another short day for the defense side.

    1) First report

    This is the translation from Italian media of testimony of Maria del Prato, a nursery-school principal from Milan.

    The director of a nursery school in Milan surprised Rudy Guede in the school on 27 October 2007.The woman reported that she visited the classrooms in the morning, around 9.15, as she had an appointment with a blacksmith who was supposed to do some work in the garden. “When I entered I saw a guy who was later identified as Rudy Guede. He seemed quiet and relaxed. He told me he was from Perugia and he had arrived in Milan by train, and that at the train station a boy had told him he could sleep there”

    She looked in the cupboard and opened the money box, which lacked a few coins. The principal testified that she then called the police, and they opened the knapsack of Guede. “Inside was one of our kitchen knives used to cut the meat.” She said that Guede also had a computer, later claimed to have been removed from an office in Perugia on the night of 13 October.

    2) Second report

    This is the translation of testimony by friends of Amanda Knox from back in Seattle.

    One testified: “She was studious and ‘conscientious, and held three jobs for a while, to save to come to Perugia.  She liked to do yoga, learn languages and read.”

    Another testified that Knox “was very studious, a good student, and had the highest grades. She often went out with her friends and she loved to write. She chose to come to Perugia because she wanted to immerse herself in the culture of this country and learn the language. She said she liked the house she found to live in in Perugia.”

    (3) Third report

    This is a much longer report by Ann Wise of ABC on the ABC News site

    The owner of a Milan nursery school took the stand Saturday in the ongoing murder trial of U.S. college student Amanda Knox and former boyfriend Raffaele Sollecito in Perugia, Italy, telling the court that Rudy Guede, convicted of sexually assaulting and murdering British student Meredith Kercher Nov. 1, 2007, had broken into her school and stolen a big kitchen knife.

    Kercher, 21, was found dead in her bedroom, with a large knife wound to her throat.

    Knox, 21, and Sollecito, 25, have been on trial in Perugia since January. Knox, Sollecito and Guede all say they are innocent, and Guede’s appeal trial is scheduled to start Nov. 18.

    Nursery school owner Maria del Prato testified in court today, with Knox’s and Sollecito’s parents looking on, that she had stopped by her school Saturday Oct. 27, when it was closed, and came upon Guede in her office.

    “I asked him who he was,” she told the court, “and he replied perfectly calmly, even though I had caught him red-handed.” Del Prato said he told her he was “a kid from Perugia” who had arrived the night before and had nowhere to sleep.

    Stolen Kitchen Knife, Stolen Laptop, Fingerprints

    Del Prato doubted his story, as her locker had been opened, and she said she believed Guede was looking for something to steal. Some small change was missing, and Del Prato noticed Guede had a laptop, but he told her it was his.

    When police arrived at the school, they searched Guede’s backpack and found a large knife with a 16-inch blade that had been taken from the school kitchen.

    Guede was later booked at a Milan police station and accused of theft, receiving stolen goods, and in possession of a weapon. He was also fingerprinted and then released.

    It was those fingerprint records that eventually nailed Guede to the scene of Meredith Kercher’s murder. His bloody palm print was found on a pillow under Kercher’s dead body.

    Stolen Knife Testimony Comes on Heels of Previous Testimony About Stolen Laptop

    The episode that Maria Del Prato recounted in court Friday followed Friday’s testimony by Perugia lawyer Paolo Brocchi, who said a computer and cell phone had been stolen from his law offices in October 2007, weeks before Kercher’s murder. The computer from Brocchi’s office matched the one Guede had brought to Milan.

    Luca Maori, the lawyer for Raffaele Sollecito, Knox’s former boyfriend also on trial for Kercher’s murder, told reporters in Perugia that more evidence had emerged that indicated Kercher might have been killed in the course of a theft gone wrong, a theft he believes Guede committed.

    A statement that was admitted as evidence in the trial Friday seemed to offer more proof that Guede was a knife-carrying thief.

    Perugia resident Christian Tramontano, who will not be testifying in person, made a statement to Perugia police Jan. 1, 2008, two months after Kercher’s murder, saying that he had recognized Guede from newspaper photographs as the person who had broken into his house and threatened him with a knife four months earlier.

    In the statement to police, Tramontano said he and his girlfriend were awakened by noises in their apartment early on Sept. 1 or 2, 2007. When Tramontano looked down from his loft bed, he saw a young man going through his belongings. Tramontano chased the man downstairs as he tried to escape, but the front door was locked. The thief—who Tramontano later claimed as Guede—first used a chair to keep Tramontano at a distance, and then pulled out a switchblade knife. Guede, who escaped, had stolen a 5 euro bill and three credit cards.

    Two friends of Amanda Knox were the only other witnesses to testify in Perugia Saturday.

    Catsius Spyridon, a Greek student studying in Perugia, said he met Knox in October 2007 at the Internet shop where he worked as a supervisor.

    Spyridon told the court that he and Amanda had gone out together a number of times; the last time was Oct. 31, 2007—Halloween. After hitting a couple of night spots together, Knox asked Spyridon to accompany her to the Fontana Maggiore—the fountain in the heart of old Perugia—where she was meeting Raffaele Sollecito, whom she had just started seeing.

    Seattle Friend Testifies for Knox

    Seattle student Madison Paxton, a close friend of Knox, was the final witness Saturday. Speaking in English with the help of an interpreter, Paxton said she had met Knox in college, and they had become friends in their sophmore year. She described Knox as “very conscientious,” and said she did yoga, liked to read and study languages and bicycle, and had come to Perugia to immerse herself in Italian culture.

    In response to a question from Knox’s lawyer, Paxton said she had never seen Knox carry a knife in her bag. She said that Knox smoked marijuana occasionally, perhaps twice a month, and that she said she got along with her Perugia roommates.


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