Category: Various scenarios

Wednesday, May 01, 2013

A Welcome To New Arrivals #1: An Experienced Trial Lawyer Recommends How To Zero In On the Truth DRAFT

Posted by Some Alibi

[Merediths window is seen on the top floor of the house in the lower foreground]

Welcome To Common Sense

This briefing was first posted with slightly different opening paras at the start of the annulled Hellmann appeal. New arrivals often tell us this helped them the most.

If you’ve come to this website because of the Amanda Knox book and interview, then welcome.  Like all of us who come to this case, you have one key question: did they do it?  The Knox book and interview seriously cherrypick the case, and perhaps haven’t helped you at all.

On the Internet, you will find people who are passionate in their defence of Amanda Knox and Raffaele Sollecito; and you will find people who are passionate in their support of an exceptionally talented girl who died, of a fine justice system previously untainted by PR, and of the prosecution’s very strong case.

Please click here for more

Sunday, June 19, 2011

The Massei Sentencing Report For Knox And Sollecito: Part 1 Of A Summary In 4 Parts

Posted by Skeptical Bystander

Why This Long Summary

The full Massei Report can be found here.

The wiki page controversy surrounding the murder of Meredith Kercher rages on in a tiny corner of the online universe, here is our own contribution to the debate.

It is a 4-part summary of the Massei report, the document that sets forth and explains the Court’s reasons for unanimously convicting Amanda Knox and Raffaele Sollecito for their role in the murder of Meredith Kercher, Knox’s roommate, after a long, thorough and fair trial.

Please click here for more

Tuesday, April 12, 2011

Explaining The Massei Report: How Motive For The Crime Is Addressed By Judge Massei

Posted by James Raper

The March 2010 Trial Sentencing Report

The Massei Report in the main I thought was excellent. He was incisive with his logic, particularly, though not exclusively, with regard to the staging of the break in and how that necessarily meant that Amanda was present at the scene when the murder was committed.

However, I thought that he was rather feeble in his coverage of the defendants’ motives as to the attack which led to this brutal murder.

Perhaps he thought it better to stick with the indisputable evidence. Since this pointed to a sex attack he surmised that Guede had a go at Meredith first, and then - because the stimulation was too much for them - he was joined by Amanda and Raffaele. This works but does seem a bit weak.

Micheli, the judge who committed Amanda and Raffaele to stand trial, was more certain in his mind as to the roles played by these three. He said that there was “an agreed plan”, “to satisfy sexual instincts” with “murderous intent” and that effectively Amanda was the instigator and catalyst.

Motive is largely an area of speculation but it is surely possible to draw inferences from what we know?  As Micheli did.  The Appeal Court and ultimately The Supreme Court of Cassation may well adopt the same reasoning and conclusion - maybe go further.

And there were, to my mind, undoubtedly many factors at work, and it is these which I wish to address. I have always been interested in the possible dynamics of just how these three came to murder poor Meredith. Pro-Knox campaigners once made much of “No Motive”. Now not so much, because the issue draws people in to a discussion of the evidence and of Amanda’s personality.

For instance, Massei asks, though he says we can not know, had Amanda egged Guede on as to the “availability” (my word, not his) of Meredith during or prior to their presence at the Cottage?

Frankly the answer to that has to be “yes” since it is a bit difficult to figure out why Amanda and Raffaele would otherwise wish Guede to join them at the cottage. I doubt that Amanda and Raffaele would have wanted Guede around if they were just going there to have an innocent cuddle and sex and to smoke cannabis, as Massei implies. The evidence is that Raffaele hardly knew Guede and in the presence of Amanda was very possessive about her. If he had known of Guede’s interest in Amanda, he would have been even less keen to have Guede around.

Also, if all was so innocent beforehand, then why would Guede have tried it on with Meredith, and then pressed the situation in the face of her refusal to co-operate? Knowing that there were two others there who could have come to her assistance?

The answer is of course that Guede knew full well in advance that there would be no problem with Amanda and Raffaele. He had been invited there, and primed to act precisely in the way he did, at least initially. Why? Well there is plenty of evidence as to why Amanda, in her mind, may have been looking for payback time on Meredith. Come to that later.

What does not get much attention in the Massei Report, other than a terse Not Proven at the end, is the matter of Meredith’s missing rent money and credit cards and whether Amanda and Raffaele stole them. It is as if the Judge (well, the jury, really) felt that this was a trivial issue that brought nothing much to the case, and thus it was not necessary to give it much attention. And indeed there is no summation of or evaluation of that evidence.

Now that does surprise me. Of course there may have been some technical flaw with the charge and the evidence. But in the absence of any comment on this then we do not know what that may be.

What I do know is that the matter, if proven, is not trivial. A theft just prior to the murder significantly ups the stakes for Amanda and Raffaele, and produces a dynamic, which, threaded together with a sexual assault, makes for a far more compelling scenario to murder. It also leads one to conclude that there was a greater degree of premeditation involved: not premeditation as to murder, but as to an assault, rather than the more spontaneous “let’s get involved” at the time of the sex attack as postulated by Massei.

What is the evidence? What evidence was before the court? I do not yet have access to trial records. Therefore I stand to be corrected if I misrepresent the evidence, or if my interpretation of it does not met the test of logic.

There were two lay witnesses to whom we can refer. The first was Filomena Romanelli, the flatmate and trainee lawyer. If there was anyone who was going to ensure that the rent was paid on time, it would have been her. She gave evidence that, the rent being due very soon, she asked Meredith about her contribution of 300 euros, and was told by Meredith that all was OK because she had just withdrawn 200 euros from her bank. Filomena assumed from Meredith’s reply that the balance was already to hand.

Is there a problem with this evidence? Is it hearsay and thus inadmissible under Italian law?

Perhaps it is not enough by itself because of course had Meredith not in fact withdrawn the money from her bank, or sufficient funds to cover the stated amount, then that would be a fatal blow to that part of the theft charge. Her bank manager was summoned to give evidence, essentially to corroborate or disprove Filomena’s testimony. I do not know what exactly that evidence was. One would assume that at the very least it did not disprove her testimony. Had it done so, that would as I have said been fatal. It is also unbelievable that Massei would have overlooked this in the Report. I am assuming that Meredith did not tell a white lie, and that the bank records corroborate this.

There may of course be an issue of timing as I understand that the bank manager told the court that transactions at a cash machine are not necessarily entered on the customer account the same day . However that does not seem to me to be significant.

One must also think that the bank manager was asked what other cash withdrawals had been made if the credit cards were taken at the same time as the money.

I understand that there is of course a caveat here: my assumptions in the absence of knowing exactly what the bank manager’s evidence was.

It would be useful also to know how and when the rent was normally paid. It sounds as if it was cash on the day the landlord came to collect.

We do know that the police did not find any money, or Meredith’s credit cards. Had Meredith, a sensible girl, blown next month’s rent on a Halloween binge? Unlikely. So somebody stole it. And the credit cards? Again, just as with the fake break in, when according to Amanda and Raffaele nothing was stolen, who and only who had access to the cottage to steal the money? Yes, you have guessed it. Amanda, of course.

Does the matter of missing rent money figure anywhere else? There is the evidence of Meredith’s phone records which show that a call was placed to her bank late on the evening of her murder just prior to the arrival of Amanda, Raffaele and Guede. Why? I have to concede that there is no single obvious reason and that it may be more likely than not that the call was entirely unintentional.

But if, as may seem likely, the credit cards were kept with her handbag, and the money in her bedroom drawer, then on discovering that her money was missing she may have called her bank in a funk, only to remember that the cards were safe and that no money could be withdrawn from her account.

The missing money also figured in the separate trial of Guede. He made a statement which formed the whole basis of his defence. Basically this was that he had an appointment with Meredith at the cottage, had consensual foreplay with her, and was on the toilet when he heard the doorbell ring etc, etc. What he also added was that just before all this Meredith was upset because her rent money had disappeared and that they had both searched for it with particular attention to Amanda’s room.

Now why does Guede mention this? Remember this is his defence. Alibi is not quite the right word. He had plenty of time to think about it or something better. His defence was moulded around (apart from lies) (1) facts he knew the police would have, ie no point denying that he was there, or that he had sexual contact with Meredith: his biological traces had been left behind; and (2) facts known to him and not to the police at that stage, ie the money, which he could use to make his statement as a whole more credible, whilst at the same time giving the police a lead. He is shifting the focus, if the police were to follow it up, on to the person he must have been blaming for his predicament, Amanda.

If all three, Amanda, Raffaele and Guede, went to the cottage together, as Massei has it, then Guede learns about the missing rent money, not in the circumstances referred to in his statement, but because Meredith has already discovered the theft, and worked out who has had it, and challenges Amanda over it when the three arrive. Perhaps this is when Guede goes to the toilet and listens to music on his Ipod. After all he is just there for the sex and this is all a distraction.

Although Micheli thought Guede was a liar from start to finish, he did not discount the possibility that Guede was essentially telling the truth about the money. Guede expanded upon this at his appeal, telling the court that Amanda and Meredith had an argument and then a fight over it. It is a thread that runs through all his accounts, from his Skype chat and initial statements in Germany to his final appeal.

Guede’s “evidence” was not a factor in the jury’s consideration at Amanda’s and Raffaele’s trial. Although he was called to give evidence he did not do so. Now his “evidence” and the findings and conclusion of the courts which processed his case come in to play in the appeal of Amanda and Raffaele.

When were the money and credit cards stolen?

I have to accept that, as to the money, at any rate a theft prior to the murder is critical to sustain the following hypothesis. The credit cards were in any event probably taken after the attack on Meredith.

According to Amanda and Raffaele they spent Halloween together at Raffaele’s, and the next day went to the cottage. Meredith was there, as was Filomena.  Filomena left first, followed by Meredith to spend the evening with her friends, and Amanda and Raffaele left some time afterwards.

So Amanda and Raffaele could have stolen the money any time after Meredith left and before she returned at about 9.30pm - the day of her murder. Incidentally Filomena testified that Meredith never locked the door to her room except on the occasions she went home to England. Meredith was a very trusting girl.

What motive had Amanda for wanting the money, apart from the obvious one of profit?

There are numerous plausible motives.

To fund a growing drugs habit which she shared with Raffaele? Not an inconsiderable expense for a student. Both Amanda and Raffaele explained during questioning that their confusion and hesitancy was due to the fact that they had been going rather hard on drugs. Mignini says that they were both part of a drugs crowd.

Because her own financial circumstances were deteriorating, and to fund her own rent contribution?  She was probably about to be sacked at Le Chic, where she was considered by Lumumba to be flirty and unreliable, and to add insult to injury would likely be replaced by Meredith. In fact Meredith was well liked and trusted by all, whereas Amanda’s star was definitely on the wane. 

But maybe Amanda just also wanted to get her own back on Meredith.

Filomena testified that Meredith and Amanda had begun to have issues with each other.

Here are some quotes from from Filomena in “Darkness Descending”.

At first they got on very well. But then things began to take a different course. Amanda never cleaned the house, so we had to institute a rota… then she (Amanda) would bring strangers home… Meredith said she was not interested in boys, she was here to study.

Meredith was too polite to confront Amanda, but she did confide in her pal, Robyn Butterworth. Robyn winced in disbelief when Meredith said that the pair had quarreled, because Knox often failed to flush the toilet, even when menstruating. Filomena began noticing that Amanda could be odd, even mildly anti-social.

It seems that Amanda did not like it when she was not the centre of attention. It was observed that, comically if irritatingly, she would sing loudly if conversation started to pass her by, and when playing her guitar would often strum the same chord over and over again.

On the evening of Halloween, Amanda texted Meredith enquiring as to whether they could meet up. But Meredith had other arrangements. Meredith appeared to be having a good time, whereas Amanda was not.

Indeed there has been much speculation that Amanda has always had deep seated psychological problems and that after just several weeks in Perugia her fragile and damaged ego was tipping towards free fall.

With Meredith’s money, both Amanda and Raffaele could have afforded something a little stronger than the usual smoke, and I speculate that they spent the late afternoon getting stoned.

Of course Amanda was still an employee of Lumumba, and she was supposed to turn up that evening for work, but perhaps she no longer cared all that much for the consequences if she did not.

Again I speculate, that she, with or without Raffaele,  met Guede at some time - perhaps before she was due at work, perhaps after she learnt that she was not required by Lumumba -  and discussed Meredith’s “availability” and agreed to meet up again on the basketball court at Grimana Square.

The notion that Amanda and Guede hardly knew each other seems implausible to me. We know that they met at a party at the boys’ flat at the cottage. Guede was friends with one of those boys and was invited there on a number of occasions. He was ever-present on the basketball court in Grimana Square, which was located just outside the College Amanda and Meredith attended, and just metres from the cottage. He was known to have fancied Amanda, and Amanda was always aware of male interest.

What else did Amanda and Raffaele have in mind when arranging the meeting or when thinking about it afterwards?

Guede was of course thinking about sex and that Amanda and Raffaele were going to facilitate an encounter with Meredith later that evening. However Amanda and Raffaele had something else on their minds. The logic of their position vis a vis Meredith cannot have escaped them. They had taken her money whilst she was out.

Had she not already discovered this fact then she would in any event be back, notice the money was missing and would put 2 and 2 together.  What would happen? Who would she tell? Would she call the police? How are they going to deal with this? Obviously deny it, but logic has its way, and the situation with or without the police being called in would be uncomfortable.

They decided to turn the tables and make staying in Perugia uncomfortable for Meredith? Now the embarrassing, for Meredith, sexual advances from Guede were going to be manipulated by them in to a sexual humiliation for Meredith. Meredith was not going to be seriously harmed, but as and when they were challenged by Meredith over the missing money, as inevitably they would be, she was to be threatened with injury or worse. Knives come in useful here.

Amanda may have fantasized that Meredith would likely then give up her tenancy at the cottage, perhaps leave Italy. Whether that looks like the probable and likely outcome, I leave you to judge, but the hypothesis is that they were starting to think and behave irrationally and that this was exacerbated by the use of drugs.

In the event there came a point when neither Amanda nor Raffaele had any other commitments anyway. They got to the basketball court. They waited for Guede.

We know Amanda and Raffaele were on the basketball court the evening of the 1st November. This is because of the evidence of a Mr Curatolo, the second lay witness. He was not precise about times but thought that they were on the basketball court between 9.30pm and 10pm and may have left around 11.00 - 11.30pm and then returned just before midnight.

In any event he testified to seeing Amanda and Raffaele having heated arguments, and occasionally going to the parapet at the edge of the court to peer over. What were they looking at? Go to the photographs of Perugia on the True Justice for Meredith website, and you will see. From the parapet you get a good view of the iron gates that are the entrance, and the only entrance as I understand it, to the cottage.

So why the behaviour observed by Mr Curatolo? They may have been impatient waiting for Guede to arrive. Were they actually to go through with this?  Was Meredith at home, alone, and had she found the money was missing and had she called the police or tipped off someone already? Who was hanging around outside the entrance to the cottage and why?

There was, apparently, a car parked at the entrance, a broken down car nearby with the occupants inside awaiting a rescue truck, and the rescue truck itself, all present around 11.00pm. Amanda and Raffaele did not wish to be observed going through the gates with these potential witnesses around.

We of course cannot know for certain what went on in the minds of Amanda and Raffaele between the time of them leaving the cottage and their departure from the basketball court to return to the cottage. It has to be speculation, but there is a logical consistency to the above narrative if they had stolen Meredith’s money earlier that day, and their meeting up with Guede just before leaving the basketball court does not look like a coincidence.

From there on in to the inevitable clash between Amanda and Meredith over the money.

It is my opinion that at the cottage Amanda came off worse initially: that she got caught in the face by a blow and suffered a nose bleed.

Experts Stefanoni and Garofano both say that there was an abundant amount (relatively speaking) of Amanda’s blood in the bathroom washbasin, and to a lesser extent the bidet.  Whereas most of Amanda’s blood in the bathroom was mixed with Meredith’s, the blood on the washbasin tap was Amanda’s alone. Both of a quality and quantity to discount menstrual (from washed knickers) or bleeding from ear-piercing. Their conclusion was that Amanda bled fairly profusely though perhaps briefly at some stage.

Possibly Amanda may have cut her feet on glass in Filomena’s bedroom but if so it’s difficult to see how blood from that ends up as a blob on the basin tap and in the sink, and cut feet are painful to walk on and she did not display any awkwardness on her feet the next day.

Amanda’s blood may have come from a nick by a blade to her hands. I think the nick would be obvious the next day. If so, she was not hiding it. She was photographed the next day outside the cottage waving her hands under the noses of a coterie of vigilant cops.

She might have got a bloody nose during the attack in Meredith’s bedroom save that there is no evidence of her blood there.

On the other hand if she got into a tussle with Meredith (say in the corridor outside their rooms and where there was little room for other than the two to be engaged) and was fended off with a reflex blow that accidentally or otherwise connected with her nose, Amanda’s natural reaction would be to disengage immediately and head for the bathroom sink to staunch the flow of blood.

A nose-bleed need not take too long to staunch, especially if not serious and if there is no cut (certainly none being visible the next day). Just stuff some tissue up the offending nostril. A nose bleed is not necessarily something of which there would be any sign the next day.

Raffaele fusses around her, whilst Rudy briefly plays peacemaker. But Amanda is boiling. As furious with Raffaele and Guede as she is with Meredith. She eggs Guede on and pushes him towards Meredith.  Raffaele proudly produces his flicknife, latent sadistic instincts surfacing.

Is a scene like this played out inside the cottage or outside? I think of the strange but sadly discredited tale told by Kokomani.

In any event motive is satiated and the coil, having been tensed, is sprung for the pre-planned, but now extremely violent, hazing of poor Meredith.

I am also thinking here of Mignini’s “crescendo of violence” and where a point is reached where anything goes ““ where there is (from their warped perspectives) almost an inevitability or justification for their behaviour. A “Meredith definitely needs teaching a lesson now!” attitude.

Psychology is part of motive and there is much speculation particularly with regard to Amanda and Raffaele. They have both been in prison for well over three years now and during this time psychological assessments will certainly have been carried out.

Based on specific incidents and and general patterns of behaviour, speech and language, and demeanour, some preliminary conclusions will have been reached correlated with the facts of the crime.

If their convictions are upheld, these assessments may be relevant to sentence insofar as they shed light on mitigation and motive.

Thursday, January 20, 2011

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

Posted by Our 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.

Monday, November 29, 2010

Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #2

Posted by catnip

The Masssei Timeline After Midnight 1 Nov

We continue here from Post #1 These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.

There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.

Please click here for more

Monday, November 22, 2010

Explaining The Massei Report: Motive In The Meredith Kercher Case And Its Addressing In The Report DRAFT

Posted by James Raper

superceded by revised post 12 april 2011

I have read the Massei Report which in the main I thought was excellent. He was incisive with his logic, particularly, though not exclusively, with regard to the staging of the break in and how that necessarily meant that Amanda was present at the scene when the murder was committed.

However, I thought that he was rather feeble in his coverage of the defendants’ motives as to the attack which led to this brutal murder. Perhaps he thought it better to stick with the indisputable evidence.

Since this pointed to a sex attack, he surmised that Guede had a go at Meredith first, and then - because the stimulation was too much for them - he was joined by Amanda and Raffaele. This works but does seem a bit weak. There were, to my mind, undoubtedly other factors at work, and it is these which I wish to address.

For instance, Massei asks, though he says we can not know, had Amanda egged Guede on as to the “availability” (my word, not his) of Meredith during or prior to their presence at the cottage?

Frankly the answer to that has to be “yes” since it is a bit difficult to figure out why Amanda and Raffaele would otherwise wish Guede to join them at the cottage. I doubt that Amanda and Raffaele would have wanted Guede around if they were just going there to have an innocent cuddle and sex and to smoke cannabis, as Massei implies.

The evidence is that Raffaele hardly knew Guede and in the presence of Amanda was very possessive about her. If he had known of Guede’s interest in Amanda he would have been even less keen to have Guede around.

Also, if all was so innocent beforehand, then why would Guede have tried it on with Meredith and then pressed the situation in the face of her refusal to co-operate, knowing that there were two others there who could have come to her assistance?

The answer is of course that Guede knew full well in advance that there would be no problem with Amanda and Raffaele. He had been invited there and primed to act precisely in the way he did, at least initially. Why? Well there is plenty of evidence as to why Amanda, in her mind, may have been looking for payback time on Meredith. Come to that later.

What does not get much attention in the Massei Report, other than a terse Not Guilty at the end, is the matter of Meredith’s missing rent money and credit cards and whether Amanda and Raffaele stole them.

It is as if the Judge (well, the jury really) felt that this was a trivial issue that brought nothing much to the case and thus it was not necessary to give it much attention. And indeed there is no summation of or evaluation of that evidence.

Now that does surprise me. Of course there may have been some technical flaw with the charge and the evidence. But in the absence of any comment on this then we do not know what that may be. What I do know is that the matter, if proven, is not trivial.

A theft significantly ups the stakes for Amanda and Raffaelle just prior to the murder and produces a dynamic, which, threaded together with a sexual assault, makes for a far more compelling scenario to murder.

It also leads one to conclude that there was a greater degree of premeditation involved : not premeditation to murder but as to an assault, rather than the more spontaneous ” let’s get involved” at the time of the sex attack as postulated by Massei. An Italian lawyer could tell us whether this would have added extra time on to their sentence. It is worthy of consideration.

What is the evidence? What evidence was before the court? I do not have access to trial records, only what I have read about the case in the book “Darkness Descending” and on the True Justice for Meredith website. Therefore I stand to be corrected if I misrepresent the evidence or if my interpretation of it does not met the test of logic.

There were two lay witnesses who were compelling in the trial. The first was Filomena Romanelli, the flatmate and trainee lawyer. If there was anyone who was going to ensure that the rent was paid on time, it would have been her.

She gave evidence that the rent being due very soon she asked Meredith about her contribution of 300 euros and was told by Meredith that all was OK because she had just withdrawn 200 euros from her bank. Filomena assumed from Meredith’s reply that the balance was already to hand.

Is there a problem with this evidence? Is it hearsay and thus inadmissible under Italian law?

Perhaps it is not enough by itself because of course had Meredith not in fact withdrawn the money from her bank, or sufficient funds to cover the stated amount, then that would be a fatal blow to that part of the theft charge. Her bank manager was summoned to give evidence, essentially to corroborate or disprove Filomena’s testimony.

I do not know what exactly that evidence was. One would assume that at the very least it did not disprove her testimony. Had it done so that would, as I have said, been fatal. It is also unbelievable that Massei would have overlooked this in the Report. I am assuming that Meredith did not tell a white lie and that the bank records corroberate this.

There may of course be an issue of timing as I understand that the bank manager told the court that transactions at a cash machine are not necessarily entered on the customer account the same day . However that does not seem to me to be significant.

One must also think that the bank manager was asked what other cash withdrawals had been made if the credit cards were taken at the same time as the money. I understand that there is of course a caveat here: my assumptions in the absence of knowing exactly what the bank manager’s evidence was.

It would be useful also to know how and when the rent was normally paid. It sounds as if it was cash on the day the landlord came to collect.

We do know that the police did not find any money or Meredith”˜s credit cards. Had Meredith, a sensible girl, blown next month’s rent on a Halloween binge? Unlikely. So somebody stole it. Again, just as with the fake break in, when according to Amanda and Raffaele nothing was stolen, who and only who had access to the cottage to steal the money? Yes, you have guessed it. Amanda, of course.

Does the matter of missing rent money figure anywhere else? There is the evidence of Meredith’s phone records which show that she rang her bank late on the evening of her murder just prior to the arrival of Amanda, Raffaele and Guede.

Why did she do this? What do you think? What is the first thing you do when you discover that your credit cards are missing? Obviously have a good look round. Then you ring your bank to put a stop on them. It may have been that she was not actually able to do that at that time of night. But worthy of further investigation.

The missing money also figured in the separate trial of Guede. He made a statement which formed the whole basis of his defence. Basically this was that he had an appointment with Meredith at the cottage, had consensual foreplay with her and was on the toilet when he heard the doorbell ring etc, etc.

What he also added was that just before all this Meredith was upset because her rent money had disappeared and that they had both searched for it with particular attention to Amanda’s room. Now why does Guede mention this? Remember this is his defence. Alibi is not quite the right word. He had plenty of time to think about it or something better.

His defence was moulded around (apart from lies) (1) facts he knew the police would have ie no point denying that he was there or that he had sexual contact with Meredith : his biological traces had been left behind, and (2) facts known to him and not to the police at that stage ie the money, which he could use to make his statement as a whole more credible, whilst at the same time giving the police a lead. He is shifting the focus, if the police were to follow it up, on to the person he must have been blaming for his predicament, Amanda.

If all three, Amanda, Raffaele and Guede, went to the cottage together, as Massei has it, then Guede learns about the missing rent money not as referred to in his statement but because Meredith has already discovered the theft and worked out who has had it and challenges Amanda over it when the three arrive.

Perhaps this is when Guede goes to the toilet and listens to music on his Ipod. After all he is just there for the sex and this is all a distraction.

I expect, however, that Guede’s “evidence” was not a factor in the jury’s consideration. Neither Guede’s lawyers nor those for Amanda and Raffaele wanted Guede to testify at the trial, for obvious reasons Without Guede testifying his statement would have been objectionable if not inadmissable.

I would have thought, though, that the prosecution could have brought him in as a witness, with the agreement of the judge, to testify as to the missing rent money only. Guede and his lawyers might well have agreed to this on the basis that such limited questioning would not have incriminated him further and might well have had a beneficial effect in his appeal. Convicted criminals often give evidence in court. What weight is attached to the evidence of a convicted criminal is a matter for the jury.

As the prosecution have appealed Amanda’s and Raffaele’s sentences, asking for lengthier terms, could they produce Guede now? I don’t know.

When were the money and credit cards stolen? According to Amanda and Raffaele they spent Halloween together at Raffaele’s and the next day went to the cottage. Meredith was there. Meredith left at about 1pm to spend the evening with her friends and Amanda and Raffaele left at about 3pm.

This is according to Amanda and Raffaele of course but probably likely because if the money had already been stolen Meredith may likely have known with different consequences for everyone. So Amanda and Raffaele could have stolen the money and credit cards after she left - the day of her murder.

Incidentally Filomena testified that Meredith never locked the door to her room except on the occasions she went home to England. Meredith was a very trusting girl.

What motive had Amanda for wanting the money apart from the obvious one of profit? There are numerous plausible motives.

To fund a growing drugs habit which she shared with Raffaele? Not an inconsiderable expense for a student. Both Amanda and Raffaele explained their confusion and hesitancy as being due to the fact that they had been going rather hard on drugs.

To embarrass Meredith vis a vis her landlord and the other flatmates? Because Amanda’s own financial circumstances were deteriorating and to fund her own rent contribution? She was probably about to be sacked at Lumumba’s bar and to add insult to injury would likely be replaced by Meredith. In fact Meredith was well liked by all whereas Amanda’s star was definitely on the wane.

That must have irked Amanda. Filomena testified that Meredith and Amanda had begun to have issues with each other towards the end.

With Meredith’s money both Amanda and Raffaele could have afforded something a little stronger than the usual smoke and I speculate that they spent the late afternoon getting stoned. Did they use the credit cards? If they did then it was probably small cash withdrawals but the likelihood is that they did not as in the limited time prior to Meredith’s death they had the use of her ready cash, and after her death the safer thing was to destroy them.

Of course Amanda was still an employee of Lumumba and she would have to turn up that evening for work, but perhaps she no longer cared all that much about the consequences.

Again I speculate that she and Raffaele met Guede before she was due at work, discussed Meredith’s “availability” and Amanda, Raffaele and Guede agreed to meet up on the basketball court at Grimana Square between 11 and 11.30pm, by which time Amanda would expect to have got away from the Le Chic bar.

What else did Amanda and Raffaele have in mind when arranging the meeting or when thinking about it afterwards? Guede was of course thinking about sex and that Amanda and Raffaele were going to facilitate an encounter with Meredith later that evening.

However Amanda and Raffaele had something else on their minds. The logic of their position vis a vis Meredith cannot have escaped them. They had taken her money and credit cards whilst she was out. Had she not already discovered this fact then she would in any event be back, notice the money and credit cards were missing and would put 2 and 2 together.

Very probably Meredith had not already discovered the theft because, spending a quiet time with friends, she had no cause to use her credit cards. What would happen? Who would she tell? Would she call the police? How are they going to deal with this? Obviously deny it but logic has its way and the situation with or without the police being called in would be uncomfortable.

They decided to turn the tables and make staying in Perugia very uncomfortable for Meredith. Now the embarrassing, for Meredith, sexual advances from Guede were going to be manipulated by them in to a sexual humiliation for Meredith.

Meredith was not going to be seriously harmed but as and when they were challenged by Meredith over the missing money, as inevitably they would be, she was to be threatened with injury or worse. Knives come in useful here.

She would likely then give up her tenancy at the cottage, perhaps leave Italy. Whether that looks like the probable and likely outcome I leave you to judge, but just how much of this would be precise and careful planning given, as seems likely, that Amanda and Raffaele were going hard on the drugs?

They were not in a position to act any earlier than they did. They knew that Meredith was away with her friends and probably would not come home until much later. Amanda was expected at Lumumba’s.  Guede was not available until the pre-arranged time.

In the event Amanda did not have to go to work. She and Raffaele were at a loose end until the time of their pre-arranged meeting with Guede. They got to the basketball court early. They had to wait for him. They could not ring him as he did not have a phone.

We know Amanda and Raffaele were on the basketball court (some of the time if not all of the time) between 9.30 and sometime just before 11.30pm. This is because of the evidence of a Mr Curatolo, the second compelling lay witness. He testified to seeing Amanda and Raffaele having heated arguments, and occasionally going to the parapet at the edge of the court to peer over.

What were they looking at? Go to the photographs of Perugia on the True Justice for Meredith website and you will see. From the parapet you get a good view of the gates that are the entrance, and the only entrance as I understand it, to the cottage.

So why the behaviour observed by Mr Curatolo? They may have been impatient waiting for Guede to arrive. Were they actually to go through with this? One might speculate that Raffaele was not actually as keen on it as Amanda.

Was Meredith at home, alone, and had she found the money was missing and had she called the police or tipped off someone already? Who was hanging around outside the entrance to the cottage and why?

There was, apparently, a car parked at the entrance, a broken down car nearby with the occupants inside awaiting a rescue truck, and the rescue truck itself, all present at different times. Amanda and Raffaele did not wish to be observed going through the gates with these potential witnesses around.

We, of course, cannot know for certain what went on in the minds of Amanda and Raffaele and account for much of their movements between the time of them leaving the cottage at, they say, 3pm and their departure from the basketball court at around 11.30pm. It has to be speculation but there is a logical consistency to the above narrative if they had stolen Meredith’s money and credit cards earlier that day, and their meeting up with Guede just before 11.30pm does not look like a co-incidence.

From there on in to the inevitable clash between Amanda and Meredith over the money and credit cards, the threats and intimidation by Amanda and Raffaele to scare her, the sexual assault as part of that, and the tragic death of Meredith.

In a civil case in this country, the standard of proof is “the balance of probabilities” rather than the higher standard of (to paraphrase) “beyond reasonable doubt” in a criminal case.

If my earlier caveat about the bank manager’s evidence not disproving that Meredith had withdrawn her money is unnecessary then, at the very least, on the balance of probabilities, it is proven that Meredith had that money, and the credit cards, and that Amanda and Raffaele had stolen them from her. Some might think (I do) that it is proven on the higher standard too.

It is a shame that the Massei court did not consider and evaluate all of the evidence before it.

It did not need to fear that by doing so it may have been including something which others might consider eminently appealable,  since the evidence and reasoning on which it did convict Aamanda and Raffaele of murder was sound and impeccable.

Addendum : There have been a great many useful comments on this post. As a consequence I accept that the scenario outlined above requires at least two modifications and these are in my last comment below.

Wednesday, April 07, 2010

The Transcript Of Today’s Online Chat Session With Barbie Nadeau Of The Daily Beast

Posted by Peter Quennell

Lucas Wittmann:
Hi, I’m the Books Editor at The Daily Beast and I’m delighted to welcome Barbie Latza Nadeau and our readers to discuss her new book, Angel Face…

BARBIE LATZA NADEAU:
I’m Barbie Latza Nadeau. Welcome.

[Comment From kcolorado: ]
how was your sense of who she is affected by seeing her in court everyday? Have you spoken with her directly?

BARBIE LATZA NADEAU:
Seeing Amanda Knox walk into the courtroom every day was very important in understanding how she interacted with her lawyers and her family, and in understanding how the jury perceived her. Amanda has not yet given any one-on-one interviews so no, I have not spoken to her directly.

Lucas Wittmann:
Just so you know we see your comments and will publish them live as Barbie is ready so please keep them coming…

[Comment From Kevad: ]
You have also stated in tv coverage that “we still do not really know what happened in that room”, is that how you still feel?

[Comment From stint: ]
Great job with book, Barbie. I really enjoyed it.

BARBIE LATZA NADEAU:
Yes, after over two years following this case, none of us know exactly what happened in Meredith’s bedroom that fateful night. No one has confessed to the crime, so until someone does, we will not have a clear understanding of the exact dynamic of the murder.

[Comment From Guest: ]
How do you think your journalism during the trial affected its outcome?

BARBIE LATZA NADEAU:
Thank you. I’m glad you liked the book. My hope is that it provides perspective of this complex case.

BARBIE LATZA NADEAU:
I don’t think that any of us who covered this trial as journalists had a direct impact on the jury’s decision. We were not in the deliberation room.

[Comment From Wade: ]
Why in your opinion did the seattle media frame the events as they did

BARBIE LATZA NADEAU:
I think that many of my colleagues in the Seattle market did the best job they could with the information they had. Their primary source was the Knox family, so their coverage was affected by that. When members of the Seattle press came to Perugia, they did not speak Italian and had a difficult time following the court sessions because there was no translator. Those of us who live and work here in Italy often helped the American press as best we could.

[Comment From stint: ]
Regarding earlier comment. Since Knox Family PR firm *very* closely controls any and all media contact with themselves, and they have reportedly blackballed any reporters even seen *near* you, do you really think you might interview Amanda in the future

BARBIE LATZA NADEAU:
I have hope that Amanda might want someone objective who understands Italian to conduct an interview with her at some point down the road. But because I have been skeptical, I am fairly sure I am not high on the list of interview candidates.

[Comment From mnh12121887:
But why did the American media take the Knox family version so much on face value without even trying to look deeper?

BARBIE LATZA NADEAU:
I think that the economic crisis has played a role. Many bureaus have been closed across Europe and it would have been a major expense to send a correspondent to Italy for such a long trial. I think that had there been a larger Italian based press corp it would have made a difference in coverage.

Lucas Wittmann:
Let’s explore now the facts of the case.

[Comment From Guest: ]
Do you believe Knox’s assertion that she was abused during her final interrogation?

BARBIE LATZA NADEAU:
I think it depends how you define “abused.” If you mean to ask if she was flicked on the back of the head (which is a cultural norm here in schools and in criminal investigations), then yes, that very likely happened. If you mean to ask if she was abused in the way the American police have been caught on CCTV abusing detainees, then no, I do not think she was abused.

[Comment From Guest: ]
You seem to have made some strange claims in your book - about AK and RS actually NOT remembering what happened. How on earth did you reach that conclusion?

BARBIE LATZA NADEAU:
I gave my hypothesis about the crime based on sitting through 11 months of a trial. I believe that if Amanda and Raf would have remembered exactly what happened, whether they were involved or not, their explanation of the evening of November 1 would have been more clear. A lie is often very black and white. Their confused responses seemed to me to be more consistent with a hazy memory or no memory at all.

[Comment From hattie: ]
I still believe that Amanda Knox is innocent, and I read your book to get another point of book. Thank you for that. My concern is that there is so much more DNA evidence against Rudy. How was Amanda able to clean up and not leave more DNA evidence in Meredith’s room?

Lucas Wittmann:
Don’t have Angel Face yet? Order it now as an e-book or paperback: http://bit.ly/chDjIX

BARBIE LATZA NADEAU:
I think it is important to remember that the same scientific police and laboratories tested the DNA for all three suspects. That is to say, if the DNA matches Rudy and is accepted, then the DNA that matches the other two should also be accepted. How she may have left so little DNA if she was actually in the room is very hard to square. Whether some of the 14 unidentified fingerprints belong to her is a big question in this case. There were very few fingerprints on any flat surfaces belonging to Rudy either. Is it possible to pick and choose how to clean up DNA? Maybe not, but it is possible to wipe up fingerprints and footprints that you know are your own.

[Comment From Guest: ]
If they didn’t remember then why did they do the clean up? They clearly knew they had ‘something’ to hide!

BARBIE LATZA NADEAU:
That is a very good question. Perhaps waking up in a house with a dead body makes one act irrationally. Perhaps because they might not have remembered what they did the night before, they panicked. We do not know, but that is one question I will ask Amanda if I ever get a chance.

[Comment From Guest: ]
After 11 months viewing the trial, do you believe that Amanda joined in any sort of sex game with Meredith? It seems that Amanda did, bt then went to her room BEFORE and DURING the murder.

BARBIE LATZA NADEAU:
There is no forensic evidence that Amanda had sexual relations with Meredith. I have a hard time accepting that it started as a sex game. I believe that if they were involved it was because they could not stop themselves from an aggravated escalation of violence. In essence, they could not tell agony from ecstasy and did not realize that Meredith needed their help. Instead, they may have helped Rudy and that is when things got out of control.

[Comment From Lisa: ]
I see that some folks her responded to the question “Who Killed Meredith Kercher” with “Amanda and Raffaele” only. No Rudy. How could that be? Do you think journalism had anything to do with that?

Lucas Wittmann:
We’re going to wrap this up in 10 minutes so please contribute any final questions now.

BARBIE LATZA NADEAU:
I think that the fact that Rudy’s trial was sewn up before Amanda and Raffaele’s began is the reason many people separate them in this crime. But Rudy was convicted for his role in the murder, not as a lone assailant. His judge’s reasoning clearly states that he felt Rudy acted in tandem with Amanda and Raffaele.

[Comment From mhm12121887: ]
What is happening now—in Italy?

[Comment From Noel: ]
How do you see the appeal going?

BARBIE LATZA NADEAU:
Right now lawyers for both Amanda and Raf are preparing their appeal briefs. Those will be filed within a few weeks and then the date will be set for the appeal hearing, likely in the fall.

[Comment From Kermit: ]
Hi Barbie. Your journalism has opened up transparency and debate from an Iron-Curtain situation of control in the American press. Where do you see each of the three convicted (pending appeal) murderers 10 and 20 years from now?

[Comment From stint: ]
Thanks so much for this opportunity, and again thanks for all your objective coverage in “Angel Face”.... great read.

BARBIE LATZA NADEAU:
I think that the appeal will result in a few years taken from the sentences of both Amanda and Raffaele.

[Comment From Guest: ]
hasn’t her real beauty complicated this hugely from day one?

[Comment From hattie: ]
Thank for an excellent book. I read it in one day, and it gave me a different side of the story. I hope that both pro- and anti-Amanda sides will take an opportunity to read this book.

BARBIE LATZA NADEAU:
I think that it is very likely that all three of the convicted murderers of Meredith Kercher will return home one day.

Lucas Wittmann:
Here is the link if you’d like to order the Angel Face e-book and paperback: http://bit.ly/chDjIX

[Comment From mhm12121887: ]
Thanks also for the book and for the “on the spot” reporting and objectivity

BARBIE LATZA NADEAU:
I think that Amanda’s beauty has increased the interest in this case, but I do not think that it dictated the outcome.

[Comment From Patty: ]
Thanks for answering questions Barbie.

Lucas Wittmann:
Down to our final question…

[Comment From somealibi: ]
(For the end) Compliments on the presentation and technology with the poll-type questions

[Comment From Patty: ]
Do you think any of them will ever confess?

[Comment From Guest: ]
You’ve been a real heroine in this case Barbie. Well done for your objective reporting.

Lucas Wittmann:
Thanks for answering the polls!

BARBIE LATZA NADEAU:
I think that one day we will have a confession, yes. But not while they are in prison.

Lucas Wittmann:
Wait…one more!

[Comment From Guest: ]
Can you give your reactions to the 2 op-ed pieces in the NYTimes (Seattle writere)?

[Comment From Guest Guest: ]
Can we have another session please????

Lucas Wittmann:
Re: another session. So many great comments and questions, we’ll keep it in mind.

BARBIE LATZA NADEAU:
I was in Perugia when those op-ed pieces came out and they were not helpful to Amanda. The prosecutor was angry, the jury members were insulted and Amanda’s own lawyers were not happy. Op-ed pieces are by nature controversial, but they should be weighed to see whether they will impact the topic. That sort of journalism likely had more impact on this case than what anyone wrote with a Perugia dateline.

Lucas Wittmann:
Thanks everyone for participating!
And thanks Barbie for answering all these great questions.

[Comment From ricardoricardo: ]
which ‘op-ed’ pieces > do you have a link ?

Lucas Wittmann:
Here is the link: http://opinionator.blogs.nytimes.com/2009/06/10/an-innocent-abroad/

[Comment From Guest: ]
Cheers Barbie! Will raise a glass to you tonight…

BARBIE LATZA NADEAU:
Thank you. I want to also thank Andrea Vogt, of the Seattle P-I who was a voice of reason in Seattle during the trial based in Italy. The op-ed pieces are by Timothy Egan.

[Comment From Guest:]
Thank you. This is nice technology and nice pace. Could have been twice as long 😊

[Comment From somealibi: ]
Keep it going Barbie - thanks - we value an objective take

Lucas Wittmann:
Thanks again to everyone and we’ll definitely keep this in mind the next time.

[Comment From ricardo: ]
many thanks…

[Comment From Patty: ]
Thank you, and Andrea, for your coverage of the trial. Invaluable.

BARBIE LATZA NADEAU:
Thanks to everyone who sent question.

[Comment From Clander: ]
Ciao from Roma !! You ROCK Barbie !

Tuesday, November 24, 2009

Italians Have For A Long Time Known How Depraved And Cruel The Final Struggle Was

Posted by Our Main Posters

An Exceptionally Vicious Attack

As you can see in the prosecutors’ scenario posted below, we did not translate and post quite everything.

Meredith’s final 15-minute death-struggle is not there.

Back in January of this year the Micheli Report described in great detail Meredith’s autopsy, the wounds on her body, and the horrific state of her room.

Please click here for more

Monday, November 23, 2009

The Prosecutions’ Closed-Court Reconstruction Of A Brutal And Prolonged Torture Attack

Posted by Our Main Posters

Prosecution video not entered in evidence; this is from the fairly accurate Lifetime Movie

1. The Presentation In Closed Court

The time-line and reconstruction of the attack below were presented in court on Friday 21 November 2009 by the national crime-scene team.

From interviews Italian media reported an account of a premeditated and prolonged attack on Meredith. It included a very graphic computer simulation which upset many in the closed court.

This post relies on those media reports and documents later filed with the court. The simulation was deliberately not placed in evidence as there were fears that if uploaded to YouTube the expected highly negative public reaction could be too prejudicial to the accused.

2. Timeline For Night Of 1-2 Nov

The timing of all the events depicted were multiple-sourced except for the arrival of Rudy Guede, the timing of which is unknown but seems to have been late - maybe around 11:30 pm. Prior to that Knox and Sollecito are depicted as being on watch from the park above while a disabled car is removed. Meredith is inside from around 9:00 PM.

15:48: Meredith texts to her English friends that she will be slightly late for her dinner meeting with them.

16:00 - Meredith leaves the house in Via della Pergola to go to the home of her friends. A few minutes later Raffaele and Amanda leave the cottage in Via della Pergola to go Sollecito’s place.

18:00 - Amanda Knox leaves Raffaele Sollecito’s house. This is indicated by cell phone records.

18:27 - Raffaele Sollecito interacts with his laptop to watch the film “Amelie” alone at home.

20:18 - Amanda Knox in Via Ulisse Rocchi receives a text message (sms) from Patrick Lumumba telling her not to come to work that night.

20.30 - Amanda Knox goes back to Via Garibaldi to the apartment of Raffaele Sollecito.

20:38 - Amanda sends a text message (sms) in reply to Patrick Lumumba.

20:46 - Sollecito turns off his mobile phone. He is still at home in Via Garibaldi.

20:45 ““ Meredith’s meal of pizza with her English friends ends. She starts off in the direction of Via della Pergola with a girlfriend who will leave her halfway to go to her own home.

21:00 - Meredith is at home, she eats a mushroom, she lies down on her bed, and she reads some university lecture notes.

21:10 - From this point on there is no more human interaction with Raffaele Sollecito’s computer.

21:45 - Amanda and Raffaele leave his apartment and go to the Piazza Grimana. Less than 100 meters away from the house in Via della Pergola, the two talk and watch the house and decide what to do. They show a suspicious attitude which is reported in court by the witness Curatolo

23:20 - Amanda opens the door of Via della Pergola.

23.20 - Amanda, Raffaele and Rudy enter the house in Via della Pergola, where Meredith is already present in her room [On the court video there is no simulation of the meeting between Amanda and Rudy, because the reconstruction is based on testimony, the autopsy evidence and medical findings.]

23:21 - Amanda and Raffaele go into Meredith’s bedroom, while Rudy goes into the bathroom.

23:25 - A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard. Rudy Guede enters and joins in.

23:30 - 23:45 [see Part 3 below] Depiction in the timeline and computer simulation of a prolonged struggle with Meredith at knifepoint, largely undressed, with her several times trying to regain her feet. She was not raped, though sexual humiliation occurred.

23:50 - Amanda and Raffaele take Meredith’s mobile phones and they leave the apartment. Guede goes into the bathroom to get several towels to staunch the blood, then puts a cushion under Meredith’s head.

00.10 - Meredith’s mobile phones are thrown into a garden in Via Sperandio.

00.15 - From this moment, there are no certainties on the times for the rearrangement of the crime scene carried out by Amanda and Raffaele Sollecito. However according to the prosecution in the wee hours of the night Knox and Sollecito returned to the scene of their crime to try and clean up some footprints and to break the window glass of Filomena’s room. The aim was to simulate a robbery that ended in murder and they are charged with this too.

3. Reconstruction Of Attack

It must be emphasized that these EXCERPTS of SUMMARY notes by the crime scene team are only intended to accompany (1) extensive narrative descriptions by various members of the team,  (2) references to numerous items in evidence, (3) the simulation video, and (4) questions from the court.

It was made clear that the analysis indicates that Meredith put up a tremendous fight, over a period of approximately 15 minutes, with three strong attackers, before she finally succumbed holding one side of her neck to try to stop her lifeblood running out. She may not have died for as long as one hour.

Italian media reported that those in the closed court told them the Knox and Sollecito defenses raised no disputes or objections of any length except over having the video placed in evidence. Rudy Guede and his legal team had no standing in this court.   

RECONSTRUCTION OF ATTACK - FRIDAY 21 NOVEMBER 2009

Excerpts from pages 4 to 14 of the technical report on file with the court.

On the left door of the white wardrobe with sliding doors is found, at a height of approximately 50cm, a high concentration of blood traces.

It is reasonable to suppose that, at the moment of the assault, the victim was kneeling down, or in a similar position, in front of the same wardrobe.

The woman then dragged herself (or was dragged by the attacker or attackers) along the floor to the inside left shoulder of the same piece of furniture, and was later found dead in this same spot (this consideration is drawn from the presence of clear blood streaks).

This reconstruction is further confirmed from a technical scientific point of view, by the results of the technical report on B.P.A. (Blood Pattern Analysis) performed by the Principal Technical Director [D.T.P.] Physics, Dr. Francesco Camana, as a result of the site inspection on 18 December 2007”¦

On the left hand of the victim it is possible to observe numerous blood spots and, in particular, a larger patch on the tip of the index finger of the same hand.

The circumstances lead us to believe that the victim’s hand was near the wound when the blow was inflicted or was brought to that point a few moments later.

This consideration can lead us to think that the individual who was holding the victim still, immediately after this blow, struck in all likelihood by another person, relaxed his or her grip and the woman was able, at the same time, to put her left hand on the wound.

It is interesting to observe that there were no stains of a similar nature on the woman’s right hand.

It cannot be excluded, therefore, that the victim’s right arm remained in the grip of the attacker who, in so doing, probably held the body of the victim until the moment she fell onto the floor.

“¦ The observation, in sequence, of the light blue sweatshirt, of the white T-shirt worn by the victim, of the type of stain in the breast area of the victim and of the bra, allow us to develop other important evaluations.

Firstly we must focus our attention on the characteristics of the stain on the aforementioned sweatshirt.

In fact, this appears to be soaked with blood on the right hand side, i.e., in correspondence of one of the lesions produced in the victim of the attack.

This aspect is a confirmation of the possibility that the garment was worn [by the victim] at the moment of the crime.

Further observations lead us to believe the garment was rolled towards the neck and that the zipper was open.

Further, it must be held that the aforementioned sweatshirt was removed in a second moment from the body of the victim who still wore it. “¦

The clear splashes of blood found on the central part of the breasts allow us to argue as follows.

At the moment the blow was struck the breasts were covered only by the bra and as the sweatshirt and the white T-shirt were rolled up towards the shoulders….

The victim’s bra was found near the feet of the dead body, both straps and the closing band appear to be neatly cut.

On the bra cups and on the breasts of the victim there are numerous traces of blood.

Therefore, the bra was certainly worn by the victim before the violent action by the attacker [started and] caused its removal, allowing blood spray to cover that part of the body. “¦

An analysis of the autopsy photographs shows the presence of bruises on both elbows and on the right forearm of the body, caused by the tight grip of one of more persons who in one or more stages of the event interacted violently with the arms of the victim.

Such lesions are, in fact, due to the rupture of subcutaneous capillaries following strong pressure on the point “¦.

Sunday, June 21, 2009

How The Media Should Approach The Case If Justice Is To Be Done And SEEN To Be Done

Posted by Hellodalai

The American media are really playing with fire here.

This is one of the most seriously misreported cases in recent history, and a line really needs to be drawn.

Much of the media are doing no digging, consulting no Italians, repeatedly recycling discredited sources and those with a vested interest in the outcome, stating facts that are not facts, ignoring other facts that really are facts, revealing no understanding of how the Italian judicial process works, and often depicting the Italian professionals with contempt.

And so far no-one is really calling them on it.

From this perspective, I have been reading all the articles and information on this case for the past few days. I too was very disappointed in the NY Time pieces by Egan.  Rather than attempt to discuss the facts and evidence that are known so far, he painted “broad brush” strokes to argue that this trial is unfair.

The TIME magazine report just below - where the reporter basically allowed a Knox advocate to state her position unchallenged - is equally mediocre in terms of investigative and reporting quality. It was one of dozens that have done that.

Here is my own analysis of the case which I advance as the appropriate depth that EVERY reporter and print and TV analyst should aim to achieve before they start telling the rest of us what to think.

Motive

Egan points out that Amanda Knox had no motive to kill or participate in killing Meredith Kercher.

I agree that there seems to be little evidence on this issue.  One roommate testified as to tensions between Amanda and Meredith.  Roommate tensions are common, though, and rarely lead to murder.

Neither Rudy Guede, who has been convicted already, nor Raffaele Sollecito, who was Amanda’s boyfriend of less than two weeks, seemingly had motives, either.

All three were young adults who liked alcohol, music, marijuana, and sex (although Rudy has been described as a petty thief and small time drug dealer; other reports state he had no criminal convictions). None seemed likely to erupt into a murderous rage.

One of the downstairs male students testified that Guede expressed some interest in Amanda and said that Meredith was beautiful.  Sollecito wrote in a newspaper column that he was a 23 year old virgin when he met Amanda.

So Sollecito was vulnerable to Amanda’s influence.  Guede may have wanted to gain Amanda’s favor.  Add alcohol and drugs and group dynamics and - the threesome may have spun out of control.

Since the murder, Amanda’s behavior could certainly be questioned.  Who does cartwheels at a police station during an investigation of their murdered roommate?  What defendant wears a shirt to their murder trial that says “All you need is love” when the prosecution is trying to portray them as someone with out-of-control sexual behavior?

If this case rested solely on whether Amanda had a motive to kill Meredith, I would agree with Egan’s stance that the trial is unfair.  Egan seems to stop at that issue, however, and seems unwilling to examine all the evidence objectively.

DNA Evidence

One of the better reports on the case included this statement:

“But perhaps more damning even than the knife was Stefanoni’s testimony that a mix of Knox’s DNA and Kercher’s blood was found on the floor in the bedroom of a third roommate, Filomena Romanelli. While it might not be noteworthy to find mixed genetic traces of residents of the same house, Romanelli’s room is critical in this crime.

Her window was broken with a large rock that prosecutors believe was used to stage a break-in. The mixed Knox-Kercher trace was found after investigators used luminol, a substance used in forensic science to bring out blood that had been cleaned up.

In addition, Stefanoni testified that a mixture of Knox’s DNA and Kercher’s blood was found on the drain of the bidet, on the bathroom sink, and on a Q-Tip box in the girls’ bathroom.”

That is FOUR different blood samples with mixed Knox-Kercher DNA.  Yes, it does seem that the investigative methods were sloppy and not all samples may be reliable (I acknowledge that there are some problems with the prosecution’s case).

But I have yet to read even one article where a reputable DNA expert can explain why sloppy police procedures would result in four separate mixed blood samples.  I did read one explanation that Amanda bled from a pierced ear—thus providing some explanation, although weak, for why her blood may have been in the bathroom.  That doesn’t explain why her blood was in the bedroom of Filomena Romanelli (another of her roommates) or why her blood was found mixed with Meredith’s - or why her blood would be recoverable from an area that had been cleaned after the murder to eliminate evidence.

Similarly, the DNA evidence from Sollecito, found on Meredith’s bra clasp is not explained away by scientific reasoning.  True, the police left the clasp in Meredith’s room (which was sealed) for weeks and did not retrieve it, but DNA is not transferred by “flying DNA”; there is no “innocent” scientific explanation why Sollecito’s DNA (not sloughed dead cells, which do not contain DNA) would affix itself to a bra clasp worn by the murder victim after the clasp had been torn from her body.

As to the DNA evidence found on the knife located in Sollecito’s apartment,  the DNA sample from Meredith was very tiny, according to reports, and the DNA from Amanda could be explained by her using the knife at Sollecito’s apartment. (Sollecito explained Meredith’s DNA by stating she had come to his apartment for dinner with Amanda and that he had accidentally pricked her. But no witnesses have been found who remember Meredith ever talking about going to Sollecito’s apartment)

True, the knife is not the same size as most wounds on Meredith, but it is the same size as one wound. The knife showed evidence of bleach cleaning and some scratches (Sollecito’s apartment showed a lot of evidence of bleach cleaning, even though his maid did not use bleach to clean).

Clean up motives and evidence

I have yet to see a careful review of the testimony and possible conclusions that may be drawn from the known facts and circumstantial evidence, including the clean up after the murder—which, to me, are very compelling.

The neighbor has testified that she heard a very loud, long scream that night (presumably Meredith’s last), followed not long thereafter by the sounds of two to three different people running from the area (it was unusual to hear people running at that time of night).  The neighbor was 69 and could not remember exactly the date she heard the screaming, but she was firm that it was the night before Meredith’s murder was discovered.

It is not a stretch to link the screaming to Meredith, given that loud, long piercing screams are uncommon.  Also, a murderer or murderers would realize that Meredith’s scream may bring the police at any moment—so running from the crime would be expected. 

The uncontradicted testimony is that there was a fair amount of effort to “clean up” the crime scene (the defense merely claims that Knox and Sollecito were not involved). It also appears that whoever came back for the “clean up” also broke a window in Filomena’s bedroom (as mentioned, one of the two other roommates living upstairs; there were also four male students living downstairs in a separate unit), in an attempt to throw the investigating police off the scent. 

Filomena testifed that she found clothes strewn around her room the next day and that she had left the room tidy.  She testified that glass from the window broken in her bedroom was on top of those strewn clothes.  If the window was broken by someone entering the home who was intent on rape and/or robbery, then the glass would not be on top of the clothes as those clothes would not have been under the window then (Filomena also testified that she had valuables in plain view in her bedroom and that none were taken).

The evidence suggests that someone placed these clothes around the room and THEN broke the window to “stage a scene” (as there is no explanation for why anyone would have any motive to randomly take clothes and throw them around a room).

Let’s start with Guede first and the assumption that he came back to the home that night - either by himself - or with someone other than Amanda and Sollecito.

Guede’s motivation to come back to the crime scene would be to clean up the most incriminating evidence against him and to stage this crime scene to lead the police in a direction away from him.

Guede left DNA inside Meredith, bled on Meredith’s body, and left a bloody hand print on the pillow underneath Meredith’s head.  He also left feces in the bathroom toilet (the bathroom near Filomena’s bedroom - -not the “bloody” bathroom between Meredith and Amanda’s bedrooms).  He would know that if he came back to clean.  He would know that that evidence would be the strongest against him.

During this “clean up phase,” the DNA inside Meredith, Guede’s blood on Meredith’s body, the bloody hand print, and Guede’s feces in the bathroom toilet were all left untouched. 

The “clean up phase” spent a lot of time in the bathroom next to Meredith’s bedroom (it was also next to Amanda’s bedroom), the hallway, and Filomena’s bedroom, where the “break-in” was staged (it is possible at least part of this crime occurred in the bathroom, as Meredith’s blood was found on the bathroom light switch when it was in an up position - meaning it was touched when the light was on.  The bathroom had numerous droplets of her blood, some of which were commingled with Amanda’s blood.)

Despite the cleanup in Filomena’s bedroom, the police were still able to obtain DNA samples.  Guede’s DNA was not found in either the bathroom or Filomena’s bedroom.

Six bloody footprints from bare feet were identified.  One was visible to the naked eye in the bathroom and five were visible only after the police used luminol, which allows blood evidence cleaned by bleach to become visible under a special light.  The luminol did reveal five bloody footprints that had been cleaned up (one shoe print was also found under Meredith’s pillow - the print is consistent with the size of Amanda’s shoe).

None of the six bloody footprints are consistent with the size of Guede’s feet.  All six of these footprints are consistent with the size of Amanda and/or Sollecito’s feet.

Why would Guede concentrate his clean-up efforts on areas where there is little to no evidence from him and ignore the areas where there is substantial evidence of his involvement?  Wouldn’t he at least flush the toilet?

As to the staged “break-in,” would Guede be motivated to set this up?  If the police believed a “break-in” had occurred, would they then be led away from investigating Guede as a suspect?

If the police believed that a break-in had occurred, then they would focus on looking for someone who was either a complete stranger to Meredith or someone she would not readily admit to her home late in the evening if they knocked on her door unanounced.  Guede was not a complete stranger.  One of the four male students who lived in the separate unit downstairs testified that Guede sometimes came to the apartment of the four male students and met and talked to Amanda and Meredith there (the testimony is that Meredith dated one of those four male students).

The evidence suggests that Guede only slightly knew Meredith. So, Guede was not someone who could knock unannounced on Meredith’s door late at night (at least 9:30—after Meredith talked to her mother) and be readily admitted. 

Guede had no motivation to stage a “break-in” because a break-in would in no way lead the police away from his scent.  Plus, there is no evidence that Guede was ever in Filomena’s bedroom where the “break-in” was staged.  If he had participated in this staging, a footprint consistent with the size of his feet should have been illuminated by the police’s luminol.

It wasn’t.

Conclusions that jurors would normally draw from facts and the circumstantial evidence relating to the “clean up” and “break-in” point to someone OTHER than Guede participating in the “clean-up” and “staged break-in.”

Let’s now look at the assumption that Amanda and her boyfriend, Rafaelle Sollecito, were the ones who came back for the “clean up” and “staged break-in.”

If Amanda and Sollecito were with Guede when the murder occurred (accounting for the extra footsteps running away shortly after the last scream of Meredith) and then came back to get rid of evidence of their guilt, their motivation would be to clean up their blood and DNA evidence and lead police away from their scent.

As for whether Amanda bled that night, another roommate of Amanda’s and Meredith’s, Laura, testified that she saw a a mark under Amanda’s chin the day after the murder that was not there the day before the murder; Laura testified the mark was not a hickey as a hickey would have been purple and more round. 

I have read two different comments on this issue from Amanda’s father.  One stated that the mark was merely a hickey and is evidence she spent the night with her boyfriend.  Another was that a physician examining Amanda on Nov. 6th - -the murder occurred the evening of Nov. 1st - did not note a mark under the chin.  (Interestingly, the police interrogating Amanda the next day did not report such a mark, either).

I then found a photo that was posted online taken of Amanda the day after the murder.  It clearly shows a mark under her chin—and would account for her blood being found at the apartment.

[click for larger image]

If Amanda and Sollecito did the “clean up,” they would be motivated to leave evidence of Guede’s guilt and point the police in his direction.

Forensics don’t show either way whether bleach was used to clean up Meredith and Amanda’s apartment, though it was used in Sollecito’s apartment AND on the knife found in his apartment containing the DNA of Meredith and Amanda. 

The Conad store owner reported the presence of Amanda in the household cleaners part of his store early on the morning after the murder (when Amanda and Sollecito contend they were asleep) although rumored receipts for bleach were not presented at trial.

Meredith’s body, which contained Guede’s DNA and his blood (mixed with hers) was not cleaned and Guede’s feces was not flushed from the toilet.

The bathroom, which even after the cleaning, contained Amanda’s blood mixed with Meredith’s and a bloody footprint which is consistent with the size of Sollecito’s foot (trial testimony was that it was “likely” Sollecito’s footprint), had a lot of cleaning activity.

The hallway and Filomena’s bedroom, which even after the bleaching contained Amanda’s blood mixed with Meredith’s and bloody footprints, was the site of a lot of cleaning activity (these footprints were all consistent with the size of the feet of Amanda and Sollecito, but not consistent with the size of Guede’s feet) .

The “cleaning” evidence, and conclusions which may be drawn from it, point to Amanda and Sollecito as participants.

Would Amanda and Sollecito have a motive to stage a break-in?  Amanda obviously had a key to the unit and did not have to break into her own apartment.  If there was no sign of a break-in, police would probably focus on people who had a key to the apartment or friends of Meredith she would readily admit to her apartment at 9:30 at night.  If there was no sign of a break-in, police would question Amanda and Sollecito at length - and they would obviously know that.

Amanda and Sollecito had a strong motive to stage a break-in to focus police on looking for a stranger, or someone like Guede who only knew Meredith very casually.

What about the next morning?  Let’s first assume Amanda was innocent and she is being truthful when she testified that she did not come home until around 11:30 the next morning.

Amanda testified that when she came home around 11:30 a.m. that the apartment door was open, that there was visible blood in the bathroom (which would have been numerous scattered blood drops, a ten inch smear on the bathroom door, and a bloody footprint on the floor) and that there was feces in a toilet.  Amanda says that she called out for Meredith and no one answered.

She then took a shower and went to Filomena’s bathroom and used her dryer to dry her hair (this is the bathroom with Guede’s feces;  this toilet is different than American toilets in that it had a large flat area so that the standing water in the toilet did not submerge the feces) and returned to her boyfriend’s apartment.

If Amanda were truly innocent when she arrived that morning, wouldn’t she also try to open the door to Meredith’s bedroom after Meredith did not answer, even when she banged on her door more than once?  Amanda’s fingerprints were not found on the door knob and she has never testified that she tried to open the door.  Sollecito testified that when he arrived later with Amanda that he tried to open the door - and his fingerprints are on the door knob.

If Amanda were innocent, wouldn’t she text Meredith, as she did several times two days before?  Wouldn’t she call both of Meredith’s cell phones and let them ring to see if they were in her bedroom? (Phone records show she called each phone one time; one for three seconds and the other for four seconds, despite Amanda telling Filomena that day that she had called Meredith’s cell phones and that the phones just kept ringing) 

If Amanda were innocent, wouldn’t she also call out for Filomena and Laura - because she would not know for sure if they might have returned that morning (she knew Filomena had spent the night in town and that Laura was in a nearby town)?  Wouldn’t she look into their bedrooms (Filomena’s door was closed that morning, according to Amanda; Sollecito says it was open) and have noticed that Filomena’s bedroom window was broken and her clothes were strewn about? (When Amanda first called Filomena she did not mention that Filomena’s bedroom had been broken into).

If Amanda were innocent, wouldn’t she have just flushed the exposed feces down the toilet?

If Amanda were innocent and truthful, wouldn’t her hair three hours later look like it had been washed and blow dried that day?  Look again at the photo posted above.  It was taken about three hours after the alleged washing and blow drying.  Is that the hair of a woman who washed and blow dried her hair three hours earlier?

Wouldn’t Amanda have noticed that the lamp in her bedroom, which was the only source of light for that room, was missing? (Police later found it in Meredith’s room).  Wouldn’t she have immediately noticed the missing lamp when she first entered her bedroom that morning so that she would have immediately either left the apartment without taking a shower or called the police to come over? (Police and phone records show that Sollecito didnt call them until 12:54, even though the Postal and Communications Police had been at the apartment with Sollecito and Amanda since 12:26 - the Postal Police unexpectedly showed up at the apartment because Meredith’s cell phones had been found.)

People react differently to unexpected happenings and Amanda may not have done all of those things, but surely she would have done at least one of them.

If Amanda were truthful about showering and drying her hair, wouldn’t her fingerprints be in both bathrooms? (Since these activities would have occurred AFTER the clean up).  The police only found one of her fingerprints in her residence - on a glass in her kitchen.

As to this time frame, what about the recent trial testimony of Amanda’s mother that Amanda told her in their first phone call that day that she thought someone was in her apartment?  Cell phone records place that call at 12:47, some 21 minutes after the Postal Police arrived. (A nearby video camera documents that time, as does Postal Police log records;  the defense has tried to argue that the Postal Police did not arrive until after 1:00 p.m., but do not have evidence for that position.  In fact, Filomena testified that she arrived back at her apartment before 1:00 and that the Postal Police were already there.)

Postal Police testified that both Amanda and Sollecito were in Amanda’s bedroom with the door closed at 12:47 - the bedroom with no lamp or overhead light (neither Amanda nor Sollecito mentioned to the Postal Police or Filomena when they emerged from that bedroom after many minutes that the only lamp in the room was missing).

Let’s keep assuming Amanda was innocent.  Would she have come back to her apartment with Sollecito, still not having called police, and then start a load of washing of Meredith’s clothes? (The Postal Police said the washing machine was running when they entered;  Filomena, who arrived a little later, said that the washing machine was still warm and contained Meredith’s clothes.)

Amanda has testified that she got out a mop and bucket the first time she went to her apartment that day and took it back to Sollecito’s because there was water on his apartment floor from water used in cooking pasta the night before (Sollecito said, however, that the water was from a broken pipe;  Sollecito’s diary written in prison talks of a dinner of stir fry mushrooms and vegetables).

Who has water spills from cooking pasta so large that the next day it is still puddled to the degree it needs to be mopped?  Who voluntarily carries a mop and bucket several blocks to clean up water from cooking pasta the night before? (Especially a person who has been labeled in trial testimony as messy and unkempt in their cleaning habits).

If Amanda were innocent, wouldn’t she and Sollecito have called the police after Sollecito tried to open Meredith’s locked bedroom door and couldn’t open it?

Instead of calling the police, Amanda and Raffaele went outside and stood next to the mop and bucket.  Why didn’t they just put the mop and bucket back up in the apartment when they first arrived?  Why leave it outside the apartment?  Why then go back out and stand next to the mop?

If Amanda and Sollecito were innocent, that means that Guede (and perhaps one or two accomplices) murdered Meredith, then ran away, and then came back at some point and cleaned up the crime scene PARTIALLY (but ignoring and leaving the most damning evidence against him) and THEN GUEDE CAME BACK that morning after Amanda had showered and left - so that GUEDE could do a LOAD OF WASHING of Meredith’s clothes - presumably blood stained, all the while ignoring his feces in the toilet and his bloody hand print on the pillow under Meredith’s body - only for GUEDE to then leave again right before Amanda and Sollecito arrived (so the washing machine would still be running when the Postal Police arrived a short while later).

What type of person or persons would come back to a crime scene to clean it up?

The most likely person to return to a crime scene for a clean up is someone who knows that they can do a clean up with little chance of being caught. 

Guede might have known that the four male students downstairs were all away due to his occasional appearances there.  But how would Guede know that Filomena and Laura, the other two upstairs roommates, would not come back either that night or in the morning?

Amanda and Sollecito, on the other hand, would know that everyone who lived in the house would be gone and that they could do a clean up that would take some time and have a good chance of not being caught in the act.  Only the unexpected appearance of the Postal and Communications Police interrupted the mopping and cleaning (as there was still a ten inch blood smear on the bathroom door near Meredith’s bedroom and numerous visible blood droplets).

No one else other than Amanda and Sollecito, and who may have been involved, had such knowledge.   

Conclusion

     

The facts, testimony, and conclusions that may reasonably be drawn from the evidence, including circumstantial evidence (that is what juries do all the time), lead me to believe that Amanda will be found guilty.

Let any reporter or analyst run the case through their minds at this depth and then make sure that at a minimum, they keep their cool and don’t misrepresent.

When I read an article or blog in the New York Times or Time magazine, I expect thorough, well-reasoned, well-researched, investigative journalism. Judicial cases DEMAND it.

Instead, here I have found articles that IGNORED the evidence and some very mediocre journalism. What happened to journalistic standards?  Where is the public outcry against the U.S. media’s handling of this case? 

For the sake of true justice, a line now needs to be drawn.