Category: 15 Single alibi hoax

Tuesday, October 12, 2010

Ten Examples Of How The Former Campus Cop Steve Moore Serially Mischaracterizes The Case

Posted by The Machine




1. The Chronic Chest-Thumper

A couple of weeks ago Steve Moore was frogmarched out of his workplace on the campus of Pepperdine University and told not to come back.

Although Pepperdine apparently offered him a deal for his resignation, he refused, and so he probably departed with only the minimal severance entitlements in his contract. Now he is suing Pepperdine, presumably to see if he can get a little bit more. 

Steve Moore has been rather plaintively claiming since the firing that he did nothing wrong, except to avidly support the innocence of Amanda Knox in his own time. No mention of his confused take on the case or of Pepperdine’s exchange students in Italy who must rely on the police Moore delights in trashing.

We suspect that a lot of things about his confused, hurtful and ebullient campaign reached the front office of Pepperdine University and its Law School, and that some or many of these things may come out in the open when Steve Moore’s suit goes to court. Our next post will contemplate what some of these things may be.


2. Moore Adrift On Hard Facts

It’s not a secret at all to those involved in handling the case in Perugia and Rome (where Moore is much ridiculed) and presumably now at Pepperdine (which has a very good law school, one capable of correctly absorbing the Massei report) is how Steve Moore is serially unable to get the facts right.

His media interviews have followed the very familiar PR script. The presenter or journalist begins by really talking up Steve Moore’s 25-year career with the FBI as one of the FBI’s really big stars! Then going to to emphasize how Steve Moore has REALLY done his homework on this case! On the NBC Today Show, for example, it was claimed that Steve Moore has studied “every iota of evidence”! Reporter Linda Byron stated on Seattle’s King 5 TV that he had obtained the trial transcripts and the police and autopsy records! And Moore had all of them translated into English!

The intended message is clear: Steve Moore is an exceptionally credible professional expert in all the relevant fields! He knows this case inside out because he has researched it absolutely meticulously!

In this piece, we will compare just a few of the many claims that Steve Moore has made - here in interviews with Frank Shiers on Seattle’s Kiro FM Radio, with Ann Curry on the NBC Today Show, with George Stephanopoulos on ABC News, and with Monique Ming Laven on Seattle’s Kiro 7 TV - with the real facts, as described in the Massei report and the witness testimony from the trial.

3. Ten Of The Oft Repeated Lies By Moore


Frequent Moore Lie 1: The large knife doesn’t match the large wound on Meredith’s neck.

Steve Moore has repeatedly claimed in interviews with for example Frank Shiers, Ann Curry and Monique Laven that the double DNA knife doesn’t match the large wound on Meredith’s neck.

Untrue. Prosecution experts, multiple defence experts and Judge Massei in his report have all agreed that the double DNA knife DID match the large wound on Meredith’s neck.

On these matters, the considerations already made must be recalled, which led this Court to evaluate the outcome of the genetic investigation as reliable, and this knife as absolutely compatible with the most serious wound. (The Massei report, page 375).

Barbie Nadeau reported directly from the courtroom in Perugia that multiple witnesses for the defence, including Dr. Carlo Torre, conceded that the double DNA knife was compatible with the deep puncture wound in Meredith’s neck.

“According to multiple witnesses for the defense, the knife is compatible with at least one of the three wounds on Kercher’s neck, but it was likely too large for the other two.” (Barbie Nadeau, Newsweek).

He (Dr. Carlo Torre, defence expert) conceded that a third larger wound could have been made with the knife, but said it was more likely it was made by twisting a smaller knife. (Barbie Nadeau, The Daily Beast).

For someone who has allegedly “studied every iota of evidence”, it seems that Steve Moore is doing nothing more than regurgitating a familiar FOA myth that has long been completely debunked.

He clearly hasn’t studied every iota of evidence. Very far from it.

Monique Ming Laven had a copy of the English translation of the Massei report. Warning bells should have gone off in her head as soon as Moore claimed the double DNA knife didn’t match the large wound on Meredith’s neck, and yet she didn’t challenge him.


Frequent Moore Lie 2: They want you to believe that Amanda Knox inflicted all three wounds on Meredith’s neck

Moore stated in an interview with George Stephanopoulos on ABC News that “they” claimed that Knox caused all three wounds on Meredith’s neck.

“What they’re having you, what they want you to believe is that in the middle of a life and death struggle, holding a girl who is fighting for her life. Amanda stabbing someone for the first time in her life, takes two stabs with a very small knife, throws it away and says give me the other one” (5.48 -  6.05)

Untrue. Neither the judges and jury nor the prosecution have ever claimed that Amanda Knox inflicted all three wounds on Meredith’s neck:

“Elements which lead one to consider that the 4cm in depth wound was inflicted by Raffaele Sollecito with the pocket knife that he was always carrying around with him, and was inflicted immediately after having cut the bra…” (The Massei report, page 374).

The following extract is from Mignini’s timeline, which was presented at the trial on 20 November 2009 by the prosecutors:

23.30 ...At this point, the two knives emerge from the pockets of Amanda and Raffaele: one with a blade of four to five centimetres, the other however a big kitchen knife. Meredith tries to fend off the blades with her right hand. She is wounded.

23:40 ...The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

The timeline presented by the prosecutors during their summation was published in Il Messagero and other Italian newspapers. It was translated by main poster Tiziano and our other Italian speakers and posted on PMF and TJMK here.


Frequent Moore Lie 3: Meredith had no defensive wounds on her hands

Steve Moore told Frank Shiers on Kiro FM that Meredith had no defensive wounds on her hands.

Untrue. Moore clearly hadn’t read the autopsy report, or its summary in the Massei Report.

“They consist also in some tiny defensive wounds: one on the palm of her [396] right hand of a length of .6cm showing a tiny amount of blood; another on the ulnar surface of the first phalange of the second finger of the left hand, also of length .6cm; another on the fingertip of the first finger with a superficial wound of .3cm, and another tiny wound corresponding to the fourth radius.” (The Massei report, pages 369-370).


Frequent Moore Lie 4: Rudy left his hair and fluid samples on Meredith’s body.

Steve Moore has made this claim in interviews with Frank Shiers and George Stephanopoulos.

Untrue. Rudy Guede did not leave any hair or fluid samples on Meredith’s body. There is no mention of Rudy Guede leaving his hair or fluid samples on Meredith’s body in either the Micheli report or the Massei report.

Steve Moore is simply making things up or relying on false information.


Frequent Moore Lie 5: Amanda and Raffaele didn’t step in blood and that can’t be avoided

In his interview with Frank Shiers, Steve Moore claimed that Knox and Sollecito didn’t step in Meredith’s blood.

Untrue. The Massei report completely contradicts this claim. It notes that Amanda Knox stepped in Meredith’s blood and tracked the blood with her feet into her own room, the corridor, and Filomena’s room:

Even the traces highlighted by Luminol therefore show the existence of evidence against Amanda, making [the Court] consider that she, having been barefoot in the room where Meredith was killed and having thus stained her feet, had left the traces highlighted by Luminol (which could have resisted the subsequent action of cleaning, on which more will follow) and found in the various parts of the house which she went to for the reasons shown above (her own room, the corridor, Romanelli’s room). (The Massei report, page 382).

Judge Massei attributed the visible bloody footprint on the bathroom mat to Raffaele Sollecito and categorically ruled out the possibility that it could have belonged to Rudy Guede:

“Also from this viewpoint it must be excluded that the print left on the sky-blue mat in the little bathroom could be attributable to Rudy.  A footprint that, for what has been observed in the relevant chapter [of this report] and for the reasons just outlined, must be attributed to Raffaele Sollecito…” (The Massei report, page 379).

The bare bloody footprint in the corridor, referred in the Massei report as trace 2, was attributed to Raffaele Sollecito:

In this particular case, they lead to an opinion of probable identity with one subject (Sollecito with respect to trace 2, Amanda Knox with respect to traces 1 and 7) and to the demonstrated exclusion of the other two. (The Massei report, page 349).


Frequent Moore Lie 6: None of the luminol prints or stains contained Meredith’s DNA

Steve Moore told Frank Shiers that Meredith’s DNA wasn’t found in any of the luminol prints or stains.

Untrue. Meredith’s DNA was found in the luminol traces in the corridor and in Filomena’s room.

Amanda (with her feet stained with Meredith’s blood for having been present in her room when she was killed) had gone into Romanelli’s room and into her [own] room leaving traces [which were highlighted] by Luminol, some of which (one in the corridor, the L8, and one, the L2, in Romanelli’s room) were mixed, that is, constituted of a biological trace attributable to [both] Meredith and Amanda…” (The Massei report, page 380).


Frequent Moore Lie 7: The prosecutor through fierce interrogation coerced Amanda into implicating someone else in the case

Steve Moore has made this claim on a number of occasions

Untrue. The prosecutor wasn’t even present when Amanda Knox first accused Diya Lumumba.

Dr Mignini was called to the police station after she had ALREADY admitted that she was at the cottage when Meredith was killed and after she had ALREADY made her false and malicious accusation against Lumumba.

Her implication of Lumumba was triggered by sight of a phone message she had denied. She had an interpreter with her at all times, and she had a lawyer present at all times after her status moved to that of a self-proclaimed witness.

Her own lawyers never ever claimed the interrogation was anything out of the ordinary (Italian law requires that lawyers report real claims of abuse), or that for a suspect she was treated less than kindly.

They never filed any complaint, contributing to her calunnia conviction, and making her situation at her slander trial in Florence in November one that is dire and untenable. 


Frequent Moore Lie 8: Amanda Knox wasn’t given food or drinks when she was questioned by the police.

Steve Moore claimed on the Today Show and ABC News that Amanda Knox wasn’t given food or drinks when she was questioned.

Untrue. Monica Napoleoni testified that Amanda Knox was given things to eat and drink.

“Ms Napoleoni told the court that while she was at the police station Ms Knox had been “treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.” (Richard Owen in The Times, 1 March 2009).

Amanda Knox even herself confirmed during her testimony at the trial that she was given something to eat and drink.


Frequent Moore Lie 9: Amanda Knox was interrogated in Italian on 5 November 2007

Steve Moore stated in his interview with George Stephanopoulos on ABC News that Amanda Knox was interrogated in Italian, a language he says she barely knew, on 5 November 2007.

Untrue. Interpreters were present at all sesions on 2, 3, 4 and 5 November and their names appear in the records Knox signed. Knox was provided with an interpreter, Anna Donnino, on 5 November 2007, who translated all the police officers’ questions into English for her and translated her answers back.

In Amanda Knox’s own testimony on the stand in June 2009, she even referred to this interpreter - she claimed the interpreter seemed to give her some advice at one point.


Frequent Moore Lie 10: Amanda Knox recanted her accusation against Diya Lumumba as soon as she got some food

Steve Moore has made this claim in numerous interviews and articles.

Untrue. Amanda Knox didn’t retract her accusation as soon as she got some food at all. In fact, she reiterated her allegation in her handwritten note to the police on 6 November 2007 which was admitted in evidence:

[Amanda] herself, furthermore, in the statement of 6 November 2007 (admitted into   evidence ex. articles 234 and 237 of the Criminal Procedure Code and which was mentioned above) wrote, among other things, the following: I stand by my - accusatory - statements that I made last night about events that could have taken place in my home with Patrick…in these flashbacks that I’m having, I see Patrick as the murderer…”.

This statement, as specified in the report on it of 6 November 2007 at 2:00pm, by the Police Chief Inspector, Rita Ficarra, was drawn up, following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (The Massei report, page 389).

The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Diya Lumumba during the whole of the time he was kept in prison. Later courts noted that she told her mother she felt bad about it.

4. Verdict On Steve Moore

He is either an incompetemt or a phoney. Either way he is not to be trusted.

His various surfacings smack of a Walter Mitty character making things up as he goes along, with an expression and a tone of voice that suggests he is thinking “Yes, folks, this REALLY is all about ME.” 

He will save Knox! He will save Knox! Come what may!

Steve Moore has never ever addressed the numerous smoking-gun issues, like Knox’s and Sollecito’s many lies before and after 5 November 2007. It seems that perhaps he’s not even aware of them - he certainly seems to think Amanda Knox only lied on 5 November 2007.

Italian authorities worked hard and professionally in Perugia and Rome to get this case right. If he is ever to speak up again with any credibility at all, Steve Moore needs to read and actually understand the Massei report in its entirety.

It’s unforgivable for him to get so many facts wrong on so many occasions in front of large audiences, and then use those wrong facts to make multiple highly unprofessional accusations against the authorities in Perugia and Rome.

He would never have got away with this about a US case. He would have been held in contempt of court for trying to poison the jury pool.

And the journalists who get to interview him REALLY should have alarm bells going off when he comes out with his many fictions.

It was very remiss of Monique Ming Laven and Ann Curry not to challenge Moore over any of his false claims, such as the double DNA knife being incompatible with the large wound on Meredith’s neck. George Stephanopolous did at least make some small attempt to push back.

Steve Moore is not only oblivious to many facts about the case.

He seems totally oblivious to the real hurt that his cowardly, dishonest, self-serving campaign from across the Atlantic is inflicting on Meredith’s family and her friends.


Tuesday, September 14, 2010

Steve Moore Really, Really Believes Amanda Knox’s Alibi #5! Or Was That Alibi #7?

Posted by Peter Quennell




Added later: Video report from KGW8 Portland Oregon has been removed, as with others featuring Steve Moore; however below see key quote.

1. The KWGA Report

What Steve More is wildly building from is Amanda Knox’s highly self-serving claims made on the witness stand last June (not under oath so she was free to lie) which both she and her lawyers had previously often contradicted and even she wound back on the stand.

“Listen to what she’s saying. ‘I was very scared. I plugged my ears. I do not remember anything. I was upset, but I imagined.’ If you take all those prefaces to her sentences, what she’s saying is ‘none of this is really true to me,’” said Moore.

Moore says Knox was interrogated over 10 hours, using tactics just short of waterboarding and was bullied into telling police what they wanted to hear.

“Two new detectives would come in every hour. Three in the morning, four in the morning, five in the morning. And what they were trying to do is not get information. They were trying to break her,” said Moore.

Amanda Knox took the stand for two days in June to try to explain why she fingered Patrick Lumumba for Meredith’s murder. She was not under oath, so she could say what she wanted, and by prior agreement broad areas were kept off-limits to prosecution cross-examination.

Other than the puppylike Steve Moore, who amazingly seems to have never encountered a perp who lied on the stand, Amanda Knox appears to have failed to convince just about everyone. See our posts at the time by Fiori here and by Nicki here.

If Steve Moore still foolishly refuses to read (or even acknowledge) the very precise, very damning Massei Report, perhaps he could at minimum read Amanda Knox’s various alibis and also Raffaele Sollecito’s various alibis both nicely summarized by the Machine.

They provide the context to the claims Amanda Knox made on the stand. 

These and passages in the Massei Report (summaries and analyses of which we are about to start posting) make it obvious what led to what Steve Moore calls Amanda Knox’s “confession” in which she actually fingered Patrick Lumumba and actually claimed to be an accidental bystander (that is a confession?!).

At the first, relatively brief, session with and investigator on the night (she was then not even a witness, and no lawyers or prosecutors needed to be present) Amanda Knox was ONLY helping to build a list of suspects.

In his own interrogation Raffaele Sollecito had been confronted with evidence of mobile-phone traffic that showed that he had been lying. He then switched to his own alibi number two, which meant that for a period of time Amanda Knox had no alibi or explanation whatever. (Mignini has said he thinks she came very close to confessing.)

When she was then shown the numbers she had recently dialed on her own mobile phone, they included Patrick Lumumba’s number there.

And in the blink of an eye, Amanda Knox made him the chief suspect, kept repeating this for hours, and didn’t retract this, except to her mom, for the entire time Patrick was kept in custody.

No wonder Knox needed to make things up in her testimony on the stand in June.

Neither of Knox’s lawyers have ever supported those claims of breaking down under fierce interrogation, or of rough treatment. She had lawyers present at her only real interrogation - one she herself had asked for - by Dr Mignini on 17 December 2007.

No official complaint of pressure was ever lodged. And at the trial a number of police witnesses confirmed that Knox was actually very well treated.

And for making claims about the interrogators very similar to Steve Moore’s, both Amanda Knox AND her two parents Curt Knox and Edda Mellas were charged, and these trials will be coming up soon.

Guede’s lawyer said Steve Moore could be charged with slander if he visits Italy, the Perugia police and prosecutors have not yet said they will arrest him, and who knows? They may even be tickled to meet him.

2. The KVAL Report


In this KVAL interview Steve Moore seems totally unaware that all the DNA analysis WAS DONE IN ROME! It was collected and analyzed by THE ITALIAN COUNTERPART OF THE FBI who are rated among Europe’s best.

Good grief. He doesn’t even seem to know who he is accusing.

In this video, he kinda reminds us of an actor in one of those comedy movies who just knows that the great scam is falling through. He says he had some good laughs with Amanda’s family.

No doubt at the expense of the victim, Meredith Kercher, whose name he pretty well always forgets.


Tuesday, June 01, 2010

Knox Hearing On Calunnia Charges Technicality, Then Trial Set To Be Under Way June 16

Posted by Peter Quennell



[click for larger image]

Nick Squires in Rome for the Daily Telegraph has the report which includes this.

Knox’s lawyer, Luciano Ghirga, argued that it was inappropriate for the slander charge to be heard by judge Claudia Matteini, because she had been involved in one of the preliminary hearings into the Kercher murder.

The case on Tuesday was adjourned until June 17, when another judge is likely to be assigned to the case.  The trial is likely to start on October 1. Her appeal is also expected to start in the autumn, meaning that the two cases could run concurrently.

If Knox is found guilty of slander, she could face another six years in jail, on top of the 26 years she is currently serving.

And Knox could face MORE time than 26 plus six years if the prosecution wins it on appeal. Possibly a total of forty.

So much for the PR campaign and the ongoing misinterpretation of the evidence and sliming of the prosecution by the “pro-Knox” websites. Guede of course ran no campaign, his lawyers and friends were always respectful, he took the short-form trial (an admission of some kind of guilt), and he tried some sort of apology to Meredith’s family.

And after his first appeal he emerged with only 16 years.


Sunday, May 30, 2010

Questions For Knox And Sollecito: Ten From Daily Beast As Knox Calunnia #2 Trial Starts

Posted by Peter Quennell





This Daily Beast report indicates that the cancelled jailhouse TV interview with Amanda Knox was a lot more firmed-up than Knox’s stepfather, Chris Mellas, seems to have claimed.

And it outlines the first phase of Knox’s Calunnia #2 trial which is based on charges brought by the interrogating police, all of whom testified at her trial that she was treated well during her interrogations as a witness and suspect. .

Click the image or link above above for the fine reporter Barbie Nadeau’s full article on some issues Knox has never been able to account for, including Knox’s callous skipping of Meredith’s memorial service.

The ten questions are all very tough, and each would also have been asked by the jury. Here they are:
.:

It’s back to court for Amanda Knox, the 22-year-old Seattle native currently serving 26 years in prison in Italy for sexually assaulting and murdering her British roommate, Meredith Kercher.

This week, Knox is expected to attend a preliminary hearing on slander charges lodged against her for accusing Perugia police of abuse. During her testimony at her murder trial last June, she accused the cops of slapping her on the back of the head during an interrogation just days after Kercher’s body was discovered in November 2007.

The police deny hitting her, and Knox’s own lawyers have never filed charges for the alleged abuse. If she is convicted of slander, a judge could add six years to her sentence….

Knox’s resurgence in the headlines was to coincide with a joint jailhouse interview she had granted to ABC News and the Italian broadcaster Mediaset’s Matrix program. But the bureau of prisons denied the interview in the final hour, effectively silencing Knox indefinitely.

A high-profile jailhouse interview with Knox is considered the Holy Grail by journalists covering the case, and the American and Italian networks have been vying for a chance to ask Knox a few questions on camera. Now it is unlikely anyone will get an interview before Knox’s appeal hearings this fall.

But if we did, there are a few questions we’d want her to put to rest.

1. Why did you and Raffaele Sollecito turn off your cell phones at the same time the night of November 1, 2007 and on again at the same time the next morning? You told the police that you and Raffaele slept late the morning of November 2, 2007, but phone records show that you both turned your phones back on very early that morning. How could that be?

2. Why were you bleeding? Your lawyers agree with the prosecution’s findings that at least one of the spots of Meredith’s blood found in the house where she was killed had your blood mixed with it. Your mother told me that you had your period. Your stepfather told others that your ear piercings were infected. Which was it?

3. Once you realized your mistake in blaming Patrick Lumumba for Meredith’s murder, why didn’t you tell the authorities? You told your mother that you felt bad about it, so why didn’t you alert an official so Patrick could be set free?

4. Why did you go with Raffaele to the police station on November 5? You were not called in for questioning. Did you realize at that time that you were both under suspicion?

5. Why weren’t your and Raffaele’s fingerprints found in your house after the murder if the two of you had spent time there that morning and the day before? Only one half-print on a glass in the kitchen has been attributed to you, yet you have claimed that you took a shower there that morning. How did you spend so much time there and leave virtually no trace?

6. Why did you take the mop and bucket from your house over to Raffaele’s house? You told the prosecutor during your testimony in June 2009 that you took the mop and bucket to his house to clean up a leak under his kitchen sink. But by your own testimony, the leak was miniscule and could have been easily cleaned up without it. What were you really doing with the mop?

7. What would you do differently if you had a chance to rewind the clock back to November 3, 2007? Would you go to the memorial service for Meredith? Would you still have gone to the police station with Raffaele? Would you have left for Germany when your aunt asked you to?

8. What do you think happened the night Meredith was killed? You have professed your innocence. Who do you think killed her and under what circumstances?

9. What do you really think of the Italian justice system? You told an Italian parliamentarian that you got a fair trial, and you even thanked the prosecutors for trying to solve the mystery of Meredith’s death, but your supporters at home in Seattle maintain that the Italian system is corrupt and unfair. What is your real view?

10. Is there anything you wish you would have said in court during your trial? You talked about your vibrator and about how you did not want an assassin’s mask forced on you. But in your final appeal after the closing arguments on December 4, 2010, why didn’t you say the words, “I did not kill Meredith Kercher?” Raffaele did when it was his turn to speak. Why didn’t you?

Our posting soon of the judges’ sentencing report will open up dozens of new questions for Knox. Such as: “How did you track Meredith’s blood into your own room and leave three traces revealed by luminol?”


Friday, March 12, 2010

Rudy Guede Now Counter-Claims From Prison That Knox And Sollecito Were Real Instigators

Posted by Tiziano


Please click here to read Rudy Guede’s hand-written letter from Viterbo Prison (above)  in Italian.

Below is our translation of the letter as posted by TGCom.

Rudy Guede was obviously provoked into putting his version of events out by the claim of Alessi (see video at bottom of this post) that he had a colleague with him on the night, and also by the finding of the judges in the Dispositivo that he was the prime instigator.

The complete text of the letter written by the Ivory Coast man.

Guede’s letter to News Mediaset.

Viterbo 07/03/2010

As usual in this beloved beautiful country of ours, there are many dishonest people given over to lying.  And there are likewise those who give these people a voice without the slightest questioning of their consciences, whether it’s worth the trouble of giving space to certain conjectures.

In recent days the only things I have heard have been blasphemous insinuations about me; baseless gossip which has done nothing other than harrying, hither and thither, TV news channels, even though for reasonable people it is the pure invention of a wicked mind.

It must be said that all I have heard in recent days in the media, about what has been falsely stated by this foul being by the name of Mario Alessi, whose conscience is nothing but stinking garbage, are purely and simply the ravings of a sick and twisted mind, his ravings are the dreamed-up, untrue declarations of a monster who sullied himself with a frightful murder in which he took the life of an angelic little human being, as is known throughout Italy. This fellow, now, is telling lies about things that I never said to him and (other things) that I never said, things that don’t exist either in this world or the next.

To his ““ or rather their- rotten declarations, it’s my intention to put in black and white that I never confided in this disgusting creature, since moreover that I’ve got nothing to confess or anything else (to say), and everything that I had to say I have already said to the judges and I will go on shouting and fighting while I am still alive, until the truth itself and justice itself prevail over such lies, and even less did I speak one to one or together with other people or with other inmates about my trial affairs, and if I had ever had something to say, don’t you believe that I would have talked about it with my lawyers?  Giving rise to and giving credit to what is a blasphemous statement made by a sick mind, to a monster who had no pity for a child.

With this latest scenario, which my lawyers, my family and I are now used to, from this latest person, the monster Alessi, I hope that Italians and the rest of the world realise that they are dealing with pigs, pigs which stink of the slime of falsehood, but which, not withstanding everything, go around showing their faces and suffocating people with their fetid lying.

Like their umpteenth scenario which does nothing more than give me the strength and the awareness to struggle more than ever, so that the truth that they want to hide is revealed for everyone to see.

As far as I’m concerned, (I have) the serenity and the calm of complete peace of mind, as a person who does not parade this unfair suffering, but who trusts in justice and in the good sense of Italians. 

And finally I wish that sooner or later the judges will recognise my complete non-involvement in what was the horrible murder of the splendid, magnificent girl who was Meredith Kercher, by Raffaelle Sollecito and Amanda Knox.

Guede Rudy

Below: Alessi’s statement at Viterbo Prison to Raffaele Sollecito’s defense team. Warning: this very self-serving statement by Alessi is graphic and offensive, as well as, in our view, almost certainly untrue. 

Rudy Guede will be interrogated on the claims in this statement today Friday by Mr Mignini and Ms Comodi at Viterbo Prison. There could be news coming out of this interrogation later today.


Monday, October 12, 2009

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

Posted by The Machine



[Above: Perugia’s central police station]

Preamble

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3) The early hours of 2 November

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

4) The afternoon of 2 November

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In Conclusion

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

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

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

Again, and again, and again.


Thursday, October 08, 2009

Newsweek’s Barbie Nadeau Has A Really Vital Piece On How The Evidence Stacks Up

Posted by Peter Quennell


And,  in short, it is ominous.

Click above for the full report. This really IS vital reading. A few key excerpts as follows.

Evidence: Rudy Guede

Who it hurts: Knox and Sollecito

Rudy Guede is the 24-year-old Ivory Coast native convicted in a fast-track trial last October for his role in Kercher’s murder. He is serving a 30-year sentence (his appeal begins on Nov. 19). Guede, who refused to testify in the Knox trial, has admitted that he was in the house when Kercher was killed. He says Kercher invited him there and that the two were making out when a stomach cramp from a bad kebab sent him to the bathroom. He was on the toilet with his iPod headphones on through four songs and, when he came out, Kercher was dying. He says he tried to save Kercher by using a towel to sop up the blood on her neck wounds, but he was scared after a man he says looked like Sollecito told him that “they’ll pin this on the black guy.” Guede fled to Germany, where he was later arrested for skipping a train fare. His feces (found in a toilet), along with his DNA and fingerprints from Kercher’s bedroom, link him to the crime scene. The sentencing judge who convicted him, though, did not see him as a lone assailant. Instead, the judge wrote in his sentencing report that he believed Guede acted with Knox and Sollecito.

Evidence: Murder dynamic

Who it hurts: Knox and Sollecito

One of the most complicated aspects of Kercher’s tragic death is how the murder itself played out. The prosecution believes that Knox, Sollecito, and Guede taunted Kercher in a sex game that quickly escalated to violence and ended in murder. Countless forensic experts, including those who performed the autopsies on Kercher’s body, have testified that more than one person killed her based on the size and location of her injuries and the fact that she didn’t fight back””no hair or skin was found under her fingernails. The defense has confused matters more: Knox’s forensic specialist testified that Kercher had been killed by only one person from the front, but Sollecito’s expert testified that Kercher had been killed by one person from behind.

Evidence: Knox’s confession

Who it hurts: Knox

On Nov. 5, 2007, Sollecito was called to the Perugia police station for questioning about Kercher’s murder. Knox testified last June that she did not want to be alone, so she accompanied him. During his interrogation, Sollecito admitted to police that he did not know for sure if Knox actually spent the night of the murder at his house, as she had told police earlier. Since Knox was at the police station, the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m., and, by 5:45 a.m., Knox had told police that she was in the house when Kercher died””and that Patrick Lumumba, the owner of the nightclub where she worked, was the assailant. She even described Kercher’s screams. She, Sollecito, and Lumumba were arrested. The next day, Knox wrote a five-page memorandum reiterating everything she said the night before. But since there was no lawyer present during her interrogation””and so far no one has produced an audiotape of the interrogation””Knox’s attorneys were able to have her verbal confession thrown out of evidence. The five-page memorandum still holds….

Evidence: Conflicting alibis

Who it hurts: Unknown

Knox maintains that she spent the night of Nov. 1, 2007, at Sollecito’s house. Sollecito did not take the stand during this trial, and his lawyer told NEWSWEEK that it was, at least in part, because he could not corroborate Knox’s alibi….

So Sollecito did not take the stand in part because he could not corroborate Knox’s alibi. Wow. That has to hurt.

Very much more in Barbie Nadeau’s original piece.  We recommend that you read it all.


Wednesday, September 16, 2009

Report By Bob Graham In The Daily Express Close To Breaking New Record For Inaccuracy

Posted by The Machine


Here is a short list of the competition for most misleading reporter on the case: Peter Popham, Peter Van Sant, Simon Hattenstone, Steve Shay, Timothy Egan, Linda Byron, Candace Dempsey, and Jan Goodwin.

Typically after their report they disappear, hopefully shamed into never being heard from again (Popham, Egan, Van Sant, Goodwin, and Hattenstone). And the others seem to have become more innocuous and one or two close to strange mutterings (Byron, Shay, and Dempsey).

Now another hapless reporter, one Bob Graham, has floated an ill-conceived and ill-researched report, this time in the UK’s Daily Express. There is no Bob Graham who writes regularly for that paper, so the one reporting here might be an America freelancer - if not, apologies in advance. 

False claim 1

Endless leaks of court documents, private conversations, diaries and correspondence paint a picture of Amanda as a cold-blooded killer.

There is well over 10,000 pages of evidence. There have not been many leaks and almost all of those have come from the defenses. In fact Sollecito’s father may soon be under indictment, for leaking a video showing Meredith’s body to a Bari TV station. In the course of the trial there have been many small surprises which were never leaked in advance. And Edda Mellas here is blaming the prosecution and authorities for leaking documents when Knox’s family and team seem to have done much or more.

False claim 2

Yet if the prosecutors and gossips are wrong and Amanda was, as she claims, at Sollecito’s house at the time of the murder, she has been subjected to a staggering injustice.

Amanda Knox admitted that she was at the cottage on the night in question on four separate occasions (once to police officers now in evidence, twice to interrogators but ruled inadmissible, and once to the prosecutor in a handwritten note now in evidence). Sollecito has claimed she wasn’t there at his apartment for part of the night and he has never reversed that position. It’s not only the prosecutors and gossips who think she was at the cottage - Judge Micheli, who indicted her after reading the 10,000 pages of evidence, also thought so, and so did the scientific police.

False claim 3

They claim they took part in the murder in a tiny room, that after the murder they returned, still under the influence of drink and drugs, and managed to erase every trace of their own DNA and fingerprints without removing any of Guede’s DNA or fingerprints or other DNA that has not been identified. Is that credible? Of course not.

Edda Mellas seems to have told a deliberate lie. The prosecutors have never claimed the defendants removed every trace of their own DNA. Sollecito left an abundant amount of his DNA on Meredith’s bra clasp. Knox can be placed in the murder room by way of the double DNA knife and the woman’s bloody footprint on the pillow plus footsteps in blood outside. Professor Vinci also claimed he found Knox’s DNA on Meredith’s bra.

False claim 4

The name [Foxy Knoxy] has returned to haunt her, implying something altogether less innocent.

It is well-known that Knox herself pushed that nickname out on the internet. It rarely appears in a derogatory way in any of the reporting these days, and it is hard to see how the few mentions demonize her. Amanda Knox would have been aware from the age of four that Foxy has sexual connotations, especially as she was an “A-grade student”.

False claim 5

In September 2007 Amanda, then at the University of Washington, was awarded a year-long scholarship to further her Italian studies at Perugia’s university for foreigners.

This is not true. Knox paid for her trip abroad herself by working part-time jobs in Seattle. The University of Washington in Seattle had no role in her registration for the Perugia language school, and did not agree to accredit her scores. UW did not play a larger role. Her arrangements in Perugia look to have been under-organized, under-supervised and under-funded. She seems to have been running very low on funds, and had no work permit, just when Meredith may have been under consideration to replace her as a waitress at a bar.

False claim 6

Financially, it’s been devastating, the cost already in excess of $1 million.

Curt Knox and Edda Mellas chose to hire an expensive Seattle PR firm and two expensive Italian lawyers, and to fly large family presences to Perugia. Those were their choices to make, and it is suspected that at least some of the media have made payments in kind or cash to gain exclusive access. The PR campaign has been spinning its wheels for 18 months, and seems to us to have been a huge waste of money and quite damaging to Amanda Knox’s own best interests.

False claim 7

In the first hours after she was arrested she made a statement, later retracted, suggesting she and Raffaele had been present at the murder, and wrongly implicating Congolese barman Patrick Lumumba.

The statements were in fact made at the police station on 5-6 Nov under no police pressure after Sollecito had whipped the rug out from under her first alibi. She made three statements categorically accusing Diya Lumumba and spelling out some imaginary details. She said in all that she went out on the night. And she didn’t just “suggest” that she and Raffaele were there, she categorically claimed that she was indeed there.

False claim 8

Her defence team says she was threatened into making it. Amanda claims she was slapped around the head. Curiously, a tape-recording of the initial interviews have “disappeared”.

The defense never claimed that. There were many witnesses to the interrogations at the police station, including a senior police officer from Rome, and not one has corroborated this testimony. We have seen no evidence that any tapes were made or have disappeared. One statement cannot be used against Knox not because she was banged around but because she didn’t have a lawyer at the time. She later repeated it in writing when she was certainly not being banged around - she was under no pressure to speak up at all.

False claim 9

No less bizarre is the fact that chief prosecutor Giuliano Mignini is facing criminal charges for allegedly abusing his powers to question suspects in a separate murder case. He denies the allegations.

This is not true and it is possibly libelous. There is plenty of information on TJMK here that points to Mr Mignini being a competent, popular and hard-working prosecutor, who only faces an administrative charge because he seems to have guessed right on some of the murky details of the Monster of Florence case. At issue was not “abusing his powers to question suspects” it was a taped recording approved by a judge that caught the prosecutor saying damning things.

Peter Popham, Peter Van Sant, Simon Hattenstone, Steve Shay, Timothy Egan, Linda Byron, Candace Dempsey, and Jan Goodwin? Please now welcome Bob Graham to your misleading company.


Wednesday, August 19, 2009

Our Take On The Case For The Prosecution #4: Amanda Knox’s Multiple Conflicting Alibis

Posted by The Machine




The Knox Alibis: How They Conflict

The first three posts on the power of the case were on the DNA evidence, the luminol-enhanced footprint evidence, and Raffaele Sollecito’s various conflicting alibis.

Now we look at the various conflicting alibis that Amanda Knox has given for the night in question. We dont yet have full transcripts and have to rely on what was reported in the UK press.

Click here for the rest


Sunday, July 05, 2009

Why Defendants Mostly DONT Testify? Those Devils That Lurk In The Details

Posted by FinnMacCool




Preamble

We have always pressed very hard for the truth to come out. WHY did poor Meredith have to die? And why and how in such a cruel and depraved way?

It now looks almost overwhelmingly certain that the truth did NOT come out when Amanda Knox took the witness stand in the court on 12 and 13 June.

No media organization seems to have made even the slightest effort to analyze Amanda Knox’s testimony, to see if it hangs true with past statements and known timelines.

But the judges and jury will do this for sure.

We have also begun to cross-check the testimony, and the first results look quite devastating for the defense. 

1. A phone call before dawn

The phone is ringing in Seattle. Edda Mellas wakes up ““ it is long before dawn, on a Friday morning early in November. (To be precise, it is 0447 on November 2, 2007.)

Her daughter is calling from Italy ““ Amanda doesn’t usually call at this hour, she’s usually more careful about time zones.

Speaking to ABC’s 20/20 show a few weeks later, Edda described the content of that call as follows:

[Amanda] goes, “I’m back at my house, and I want you… first I know I’m okay.” And I said, “Okay, you know, what’s goin’ on?” And she said, “Well, I was at Rafael’s last night… and I’ve come home now and I think somebody’s been in my house…” And she told me, “We can’t find Meredith. We can’t get a hold of Meredith. And her room is locked.” And I said, “Hang up and call the police.”

Phone records show that the call lasted a minute and a half. Amanda is concerned enough to wake her mother before five in the morning. First, she reassures her mother that she herself is okay. She explains what will later become her alibi for the murder of Meredith Kercher ““ that she spent the night at Raffaele Sollecito’s apartment.

Then she explains why she is calling in the middle of the night ““ there are signs that someone has been in the house, that Meredith’s door is locked, and that she and Raffaele have been unable to make contact with Meredith.

Edda’s reply is simple, and plainly it is good advice: hang up, and call the police.

Phone records show that a minute and a half after this call ended (at 1250) Raffaele made a call to his sister Vanessa, who is a lieutenant in the carabinieri.

We don’t have too much detail about the content of this call (since Vanessa hasn’t testified and Raffaele is exercising his right to silence) except that it appears to have been similar to Amanda’s call to her mother. Raffaele briefly explains the problem at the cottage and Vanessa advises him to call the police.

A minute later, Raffaele calls the police. After a phone problem ““ he has to call back after being placed indefinitely on hold ““ he calls them a second time and explains the problem. Since these calls were recorded, we know exactly what was said.

Raffaele claims that someone has broken into the house through a broken window and caused a lot of disorder. There is a lot of blood, but nothing has been stolen, and the main problem ““ as he sees it ““ is that there is a locked door. The police say that they will send a patrol to verify the situation.

Edda’s testimony, supported by the police and phone records, shows a straightforward link from the call she received at 0447 Seattle time (1247 in Perugia) to the calls that Raffaele makes to his sister (1250) and the police (1251 and 1254). That whole process takes just eight minutes.

At 0524 (1324 in Perugia), Edda receives a second phone call from her daughter. Amanda explains that the police have now arrived and found Meredith’s dead body.

2. Two days later: an email

The murder makes the international news. Several phone calls follow. Over the weekend, Amanda is one of several people being interviewed by the police, alongside others who knew Meredith, or who arrived at the crime scene before the discovery of the body.

At home in Seattle on Sunday, Edda Mellas receives an email from her daughter, which is copied to multiple recipients (friends, family, and staff at the University of Washington). 

Amanda describes how, on the Friday morning, she went home, showered, noticed some problems, returned to Raffaele’s apartment, went back to the cottage with Raffaele, and became increasingly alarmed about the various signs that an intruder had been in the house.

Then there is a part that Edda finds strange. Amanda describes the following events, as regards calling the police:

“in the living room raffael told me he wanted to see if he could break down merediths door. he tried, and cracked the door, but we couldnt open it. it was then that we decided to call the cops. there are two types of cops in italy, carbanieri (local, dealing with traffic and domestic calls) and the police investigaters. he first called his sister for advice and then called the carbanieri. i then called filomna who said she would be on her way home immediately. while we were waiting, two ununiformed police investigaters came to our house.”

Something is missing from this account. There is no mention at all of the pre-dawn call that Amanda made to her mother ““ the one in which Edda herself told Amanda to call the police. Naturally Edda trusts her daughter. But there is something about this part of the email that troubles her, because it doesn’t square with her own memory of what had happened on Friday morning.

3. The next weekend: visiting Amanda in prison

Edda decides to travel to Perugia to support her daughter in the aftermath of her housemate’s murder. She leaves Seattle on Monday, November 5, planning to meet Amanda in Perugia first thing on Tuesday morning.

However, by the time Edda arrives, Amanda has already been arrested on suspicion of involvement in the murder of Meredith Kercher.

In fact, it seems that Amanda has accused a local man, Patrick Lumumba, of committing the crime, while she herself was in the kitchen of the cottage, covering her ears so as not to hear Meredith’s screams.

Amanda has also written a subsequent document in which she partly stands by this accusation and partly withdraws it, claiming that it now seems “less real” than her previous statement that she spent the night of the murder at Raffaele’s apartment.

Although she has never been to Italy before, Edda does have some contacts in Perugia, since the town is twinned with Seattle. These contacts advise Edda about finding a lawyer for Amanda, so that she can dismiss the court-appointed attorney and appoint a local lawyer (Lucian Ghirga) who remains Amanda’s legal representative to this day.

Mr Ghirga explains the difficulties of Amanda’s having told several versions of events, and advises specifically of the dangers of accusing an innocent man. He hopes that Edda will be able to help Amanda resolve these difficulties, and to tell the clear truth about what happened.

On Friday, November 10, Judge Claudia Matteini finds sufficient grounds for continuing to hold all three suspects (Raffaele Sollecito, Amanda Knox and Patrick Lumumba) pending further investigation.

On Saturday, November 11, Edda Mellas visits her daughter in jail. It is now eight days since Edda received that phone call before dawn in Seattle.

One of the points she wants to help Amanda resolve is that puzzling omission from the email of the pre-dawn phone call. How could it be that Amanda has forgotten making that call? Here is a transcript of the conversation between Edda and Amanda about that pre-dawn call:

Edda (surprised): But you called me three times.

Amanda: Oh, I don’t remember that.

Edda: Okay, you called me first to tell me about some things that had shocked you. But this happened before anything really happened in the house.

Amanda: I know I was making calls. I remember calling Filomena, but I really don’t remember calling anyone else. I just don’t remember having called you.

Edda: Why would that be? Stress, you think?

Amanda: Maybe because so many things were happening at once.

Edda: Okay, right.

 




4. “I really don’t remember this phone call”¦”

Edda is not the only one who finds it surprising that Amanda could simply forget making the call.

Judging from the records, and from Edda’s testimony, that forgotten call appears to have triggered Raffaele’s calls to the police.

Prosecutor Manuela Comodi focused specifically on this point when questioning Amanda in court on June 13, 2009.

Initially, Amanda claimed that she was still unable to remember having made the pre-dawn phone call. She reported that the first call she remembered making was the one at 1324 (0524 in Seattle), which followed up the forgotten call with an account of how the police had arrived and had now found Meredith’s body.

Comodi:  You said that you called your mother on the morning of Nov 2.

Amanda: Yes.

Comodi: When did you call her for the first time?

Amanda: The first time was right away after they had sent us out of the house. I was like this. I sat on the ground, and I called my mother. (Note: This is the 1324 call.)

Comodi: So this was when either the police or the carabinieri had already intervened.

Amanda: It was after they had broken down the door and sent us outside. I don’t know what kind of police it was, but it was the ones who arrived first. Later, many other people arrived.

It’s hard to know what to make of Amanda’s account here. It’s one thing to have forgotten making that pre-dawn phone call. But Amanda is now expecting the court to believe that she has also forgotten this prison conversation with her mother, along with the suggested reason (“stress”) for forgetting the call.

As Comodi presses her further about this phone call, Amanda’s only response is that she simply doesn’t remember making it.

Comodi: But from the records, we see that you called your mother ““ not only from the billing records but also from the cell phone pings ““ that you first called your mother at twelve. (Note: this is the 1247 call ““ actually much later than 1200.) At midday. What time is it at midday? What time is it in Seattle, if in Perugia it is midday?

Amanda: In Seattle it’s morning. It’s a nine hour difference, so, ah, three in the morning.

Comodi: Three o’clock in the morning?

Amanda: Yes.

Comodi: So your mother would certainly have been sleeping.

Amanda: Yes.

(Note: because of a difference in when Daylight Savings Times changes, the actual difference on November 2, 2007, would have been just eight hours. Midday would be four o’clock in Seattle. 1247 in Perugia would be 0447 in Seattle.)

There is imprecision both from Comodi and from Amanda with regard to the pre-dawn phone call. The call was not made at midday in Perugia, but at 1247. The gap between Seattle and Perugia was in fact ““ unusually ““ only eight hours during that particular week.

The prosecutor is drawing attention to the earliness of the hour ““ or at least, the earliness of the hour as Amanda understood it to be. 0447 is getting close to a time when it might be acceptable to call an early riser, whereas 0300 certainly isn’t. Perhaps this is the reason for Comodi’s allowing the time to shift earlier at this point in the conversation.

The next section of dialog makes it clear that Comodi’s main aim in this line of questioning is to establish what was Amanda’s motive in making this call.

It’s one thing to call your mother in the middle of the night because the police have just discovered a dead body in your house. But it’s another thing entirely to call your mother at three in the morning because you think there might have been a break-in at your house the previous night.

The obvious implicit question here is: “Why call your mother, who’s fast asleep on the other side of the world, before you’ve even called the police?”

There are credible answers that an innocent person might provide to this question ““ for example, by claiming that she was faraway, in a foreign country, and she just wanted to hear a friendly, comforting voice.

But Amanda doesn’t say anything of the kind. Instead, she anticipates and wards off the question, by insisting that she simply has no memory of making the call in the first place.

Comodi: But at twelve o’clock, nothing had happened yet. That’s what your mother said”¦

Amanda: I told my mother”¦

Comodi: “¦during the conversation you had with her in prison. Even your mother was amazed that you called her at midday, which was three or four o’clock in the morning in Seattle, to tell her that nothing had happened.

Amanda: I didn’t know what had happened. I just called my mother to say that [the police] had sent us out of the house, and that I had heard something said about…

Comodi: But at midday nothing had happened yet in the sense that the door had not been broken down yet.

It’s worth noting here that, although Amanda has estimated midday as 0300 in Seattle, Comodi silently corrects her by saying “0300 or 0400”. Comodi knows perfectly well that the difference in Daylight Savings Times affected the time difference.

But the prosecutor’s intention is to clarify why Amanda made that phone call to her mother, not when she made it.

We’ve seen that, in Amanda’s email, she claimed that she and Raffaele had reached a point where they had decided they would have to call the police. In the courtroom, Amanda sticks to that story.

But the cellphone records show that before Raffaele called the police, Amanda called her mother in Seattle. Comodi wants to know why she did that.

In the following brief exchange, Amanda repeats five times that she cannot remember making that call.

Amanda: Hm. Okay. I don’t remember that phone call. I remember that I called her to tell her what we had heard about a foot. Maybe I did call before, but I don’t remember it.

Comodi: But if you called her before, why did you do it?

Amanda: I don’t remember, but if I did it, I would have called to”¦

Comodi: You did it.

Amanda: Okay, that’s fine. But I don’t remember it. I don’t remember that phone call.

In the above exchange, Amanda sounds irritated (“okay, va bene”) to be reminded of this phone call, and insists that she simply doesn’t remember it. For her part, Comodi reminds Amanda that this is not a “he said/she said” scenario. (“Lo ha fatto.” “You did it.”) There is no possibility of denying that the call took place. This is a phone call that is recorded on the billing records and by the cellphone pings.

5. Why is this phone call important?

We might wonder about why it is important whether or not Amanda could remember calling her mother at 1247, before the body was discovered.

It’s important because that police records show that the communications police had already arrived at the house, and had spoken to Amanda and Raffaele, at the point when this phone call was made.

What really happened during those few minutes appears to be as follows.

- CCTV footage in the car park shows a black Fiat Punto (the same as the model driven by the policemen) arriving at 1225. The police themselves recorded their arrival at the cottage at 1230.

- Filomena calls Amanda at 1234 ““ Amanda doesn’t mention that the police are already there, but she does say (for the first time) that a window is broken in Filomena’s room.

- Filomena then calls her boyfriend, Marco, and asks him to go to the cottage, because she knows that he will be able to get there more quickly than herself.

- Marco and his friend Luca arrive at the cottage and find that the police are already there, that they have spoken to Amanda and Raffaele and that Amanda has written down some phone numbers.

- Raffaele and Amanda then go into Amanda’s bedroom. A few minutes later, Filomena herself arrives, with her friend Paola Grande. Paola testified that she saw Raffaele and Amanda emerging from Amanda’s bedroom just before one o’clock.

- It would appear that Amanda and Raffaele went into Amanda’s bedroom at around 1247 and made four phone calls: the first to Edda Mellas, the second to Vanessa, and the third and fourth to the police.  In other words, while Luca and Marco were talking to the communications police, Amanda went into the bedroom and phoned Edda Mellas.

The explanation Amanda gave her mother as the reason why she forgot the call was that there were so many things happening at that moment. And in fact, there would appear from this reconstruction of events that in reality there were a lot of things happening at once.

But in Amanda’s own version (given in her email) she claims that there actually weren’t many things happening at that point. There were just two people in the house ““ herself and Raffaele. She claims the police arrived later, after Raffaele dialled 112, and Marco and Luca arrived later still. 

In other words, at this point - when Amanda and Raffaele’s version conflicts with the testimony of the other witnesses, with the phone records, with the police records, with the CCTV footage from the car park, and even with the testimony of Amanda’s own mother - they need some kind of coherent story.

Raffaele has exercised his right to silence.

Amanda claims she can’t remember the phone call she made to her mother. And the reason she gives for not remembering the phone call contradicts her own story about what was happening at the time.

6. Judge Massei intervenes

At this point in the trial, the chair of the panel of judges decides to intervene.

He picks up on the issue of the forgotten phone call. He is concerned that Amanda is suggesting that maybe the phone call did not even take place, when in fact it is quite plain that it did.

Politely, he interrupts this part of the questioning.

Massei: Excuse me. You might not remember it, but the Public Minister [prosecutor] has just pointed out to you a phone call that your mother received in the small hours.

Commodi: At three o’clock in the morning.

Massei: So, that must be true. That did happen. Were you in the habit of calling her at such an hour? Did you do this on other occasions? At midday in Italy, which corresponds in Seattle to a time when… It’s just that we don’t usually call each other in the middle of the night.

Amanda: Yes, yes, that’s true.

Massei: So either you had a particular reason on that occasion, or else it was a routine. This is what the Public Minister is referring to.

Amanda: Yes. Well, since I don’t remember this phone call, although I do remember the one I made later, ah. But. Obviously I made that phone call. So, if I made that phone call, it’s because I had, or thought that I had, something I had to tell her. Maybe I thought even then that there was something strange, because at that moment, when I’d gone to Raffaele’s place, I did think there was something strange, but I didn’t know what to think. But I really don’t remember this phone call, so I can’t say for sure why. But I suppose it was because I came home and the door was open, and so for me”¦

Even to the chair of judges, in other words, Amanda continues to insist that she cannot recall making the phone call that looks to have triggered the self-incriminating 112 calls.

A neutral observer might think of those phone calls as a botched attempt to gather more witnesses to their having innocently stumbled upon the crime scene and then called the police.

The phone records show that Amanda had made one phone call to Filomena (at 1208) before the arrival of the police, and three calls to Meredith Kercher’s phones (at 1207, 1211 and again at 1211). (Amanda claimed that Meredith’s Italian phone “just rang and rang” ““ but phone records show that it rang for just three seconds.)

So, if it were not that Amanda was trying to strengthen her alibi, and gain another witness to her having innocently stumbled across the crime scene, why exactly did she call her mother?

Amanda’s answer is, “I don’t remember this phone call, so I can’t say for sure why.”




7. Edda Mellas’s testimony in court

On June 19, a week after Amanda had testified, Edda Mellas provided a much fuller version of the phone call that Amanda had unfortunately forgotten.

Edda provided far more detail than she had provided to the ABC 20/20 show. The Seattle TV station, Kiro TV, summarized her evidence as follows:

- In the first phone call, Amanda said, “I know it’s early,” but she called because she felt someone had been in her house. She had spent the night at Raf’s. She came back to have a shower and the main door was open. She thought it was odd but it has a funny lock and it did not close well.

- She went to have a shower and when she came out she noticed some blood but she thought maybe someone had her menstrual cycle and did not clean afterwards. She then went to her room and then went to the other bathroom to dry her hair and saw there were feces in the toilet. Amanda thought that was strange because normally girls flushed the toilet.

She went back to Raf’s and told him about the things she found strange. Sometime later she got hold of one of the other roommates. She tried to call Meredith several times but there was no answer.

- They came back to the house and she showed Raf what she found and then they also noticed the broken window. And now they were pounding on Meredith’s room trying to wake her.

Edda had provided so much detail that she was asked to confirm whether all this information was indeed in the first call. She confirmed that it was:

Yes, [Amanda spoke] very quickly. I told her to call the police. She said Raf was finishing a call with his sister and then was going to call police. This was the first call.

This first call lasted just 88 seconds, so Amanda must have spoken very quickly indeed.

Edda has also managed to answer the question that her daughter failed to answer the previous week, about why she had called her mother at such an unearthly hour: “Amanda said I know it’s early but she called because she felt someone had been in her house.”

If we accept Edda Mellas’s testimony at face value, we find ourselves wondering how a person who could have crammed so much detail into a phone call could possibly forget making that phone call at all?

We notice also that Edda has confirmed once again that she did advise her daughter to call the police. (And we know that her daughter’s boyfriend did exactly that, shortly after Amanda put the phone down.) Yet Amanda claims that she cannot remember that advice, nor can she even remember making the phone call.

At the end of her written document on November 6, Amanda wrote:

“All I know is that I didn’t kill Meredith, and so I have nothing but lies to be afraid of.”

As the trial progresses, it looks increasingly as though Amanda was indeed involved in the killing of Meredith Kercher ““ and she has nothing but lies to protect her.

Sources:

1. 20/20 transcript of interview with Edda Mellas published in the Seattle Times for February 2, 2008:

2. Recording and transcript of Raffaele Sollecito’s second 112 call.

3. Transcript of Amanda Knox’s email to multiple recipients on November 4, 2007:

4. Cellphone records for Raffaele Sollecito and Amanda Knox for November 1 and 2, 2007 (case files)

5. Transcript of conversation between Edda Mellas and Amanda Knox on November 11, 2007, cited in court on June 13, 2009

6. Transcript of Edda Mellas’s testimony in court, June 19, 2009


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.


Sunday, June 14, 2009

Italy Shrugs: Why Amanda Knox’s Testimony Seems To Have Been A Real Flop

Posted by Nicki





Posting from Milan (image below) where we also have been watching Knox testify in Italian.

Here are just three of the disbelieving headlines on the testimony that have been appearing in the Italian press.

  • All of Amanda’s wrong moves (La Stampa)

  • Amanda growls but Patrick bites (Il Giornale)

  • Amanda: I am innocent. But many “I don’t remembers” start popping up (ANSA)

As many of us were expecting, Amanda’s testimony has backfired. She came across not as confident but arrogant, not as sweet but testy, not as true but a fake who has memorized a script, an actress who is playing a part but not well enough to fool the public.

It is true that the Italian media and public opinion in general have not been very benign with Knox. But not for the reasons that the American media seem to want to push.

Let’s make it clear, Amanda Knox is not on trial because Italians are unaccustomed to or even “jealous” of her freedom and lifestyle”¦ The first time we read these “explanations” we found them quite laughable.

But for many or most Italians the initial amusement has now given way to a profound irritation. Amanda Knox’s lifestyle is shared by hundreds of thousands of Italian girls, who like partying and sex as much as she does - or even more - and they live a happy carefree life with no fear of being perceived as “bad girls.” They behave no differently from any other girl of the same age in America or in any other Western country.

Dear American media, welcome to the 21st century and to globalization!  Please put aside pseudo-romantic and passè vision of a country where all men chase American girls because Italian women are not as approachable for “cultural” reasons: Italian men are into foreign girls no more but no less than Italian girls are into foreign boys.

They generally greatly like Americans because of their great interest and curiosity for a country and its people that many Italian youngsters have only known through books or movies. Amanda Knox is not on trial because she is American and therefore too “emancipated”. She could even be from the North Pole as far as Italians are concerned.

What really matters to them is to find the truth about Meredith’s murder and to do real justice for her terrible death. Italians don’t much like Amanda primarily because they perceive her as a manipulative liar, who is suspected of having committed a heinous crime for which there is a whole stack of evidence - and they perceive this even more-so after this last week’s court hearings.
 
In addition, the US media’s seemingly endless bashing of the Italian justice system, and of the whole country, most recently by CBS and ABC, has definitely made things worse.

The Italian police are NOT known to be particularly violent - although, agreed, it may happen when they’re dealing with violent males suspects from Eastern Europe or Africa, or in the streets when they have to deal with a riot. Violence is NEVER used with white, female college students from Italy, America or elsewhere.

And Italy is a sovereign state with a great juridical tradition. Receiving condescending lectures by the media of a country where the death penalty is still applied in many states comes across as more than insulting - it is utterly ridiculous. Before you judge the “backwardness”  of the Italian justice system, you should at least first read Cesare Beccaria’s amazingly humane Of Crimes And Punishments (written in 1764) and perhaps you’ll reconsider.

If the American media just cannot understand that there are alternatives to the “American way “, that may not be so bad after all. But they should at least show some respect for a foreign, sovereign state and its people.

If the media can’t even manage to do so - and they really want to help Amanda - the best thing to do now is to go quiet and let the Italian justice work at its pace and according to its own principles. If Amanda is only guilty of arrogance, callousness and narcissism, she will be free soon.

Dear American followers of Meredith and, for that matter, also friends of Amanda Knox. May I speak right to you, and right past the media?

There has been no character assassination, no demonization, no great wave of hate and revenge, no mad prosecutor, no Satan theory of the crime, no invented evidence, and no massive bumbling.

What there has been is a whole stack of evidence and a VERY careful process. Kernit in effect described all the evidence in his extraordinary 150 questions.

And on Friday and Saturday, Amanda Knox for better or worse chose to answer NONE of them.



Saturday, June 13, 2009

Knox Testimony Does Not Seem To Have Gained Much Traction Here In Italy

Posted by Fiori





Posting from Florence (image below) where we have all been watching Knox testify in Italian.

I don’t believe her. It is interesting to see Amanda Knox being cool and self-confident, but testifying about how disturbed she became when the police became pushy during her interrogation. It doesn’t fit.

And it comes across as untrustworthy and contradictory that when asked about her drug use, she puts on a “schoolgirl”’ attitude: In effect “Sorry, daddy judge, I was bad, don’t punish me for being young”.  This seems definitely out of order with the rest of her performance.

“Performance” is the impression I get from viewing the segments shown from the court - a well-rehearsed performance. I suppose that the jury will wonder how this cool person can forget whether she has replied to a sms-message, how she can get so confused that she names Patrick, afterwards “is too afraid to speak to anyone but her mother”, and so on.

Most striking is that Amana Knox’s defence seems to stick firmly to the strategy of “mistreatment”; in effect that the only reason for AK being arrested is false statements produced under “illegal” pressure from the police.

By making “the ethics of police interrogation” the core question of her testimony, the defence - probably deliberately - creates a lot of associations to recent public debates of torture and interrogation techniques applied at Guantanamo Bay and in Iraq.

By doing so they seem to want to try to turn the jury’s attention away from the point that AK knowingly participated in a murder investigation, and that any person with her intelligence will know that anyone who is called as a witness is required to show respect for the authorities - regardless of their nationality!

With reference to a variety of public materials from the US (“48 Hours” by CBS and many other reports), the way in which the Italian police have conducted Knox’s interview does not significantly differ from similar type interrogations made by US police. (This is not a stamp of approval, but removes the reason for any serious critique of the conduct of the Italian police.)

Her calmness and cool attitude, including her performing in two languages, does not, in my view - contrary to what the defence and her father expect - help to bring about an image of “another Amanda Knox” or a “more true Amanda Knox”.

Mostly her performance seems to contribute to shaping her image as complex, manipulative, intelligent, attention-seeking, and with only vaguely defined limits of identity.



Wednesday, May 06, 2009

The Puzzle Of The Cell Phones: Was Rudy Doomed From The Start?

Posted by Arnold_Layne


Current thinking is that about a year after the three were arrested, Rudy Guede’s team decided to request a fast-track trial because his team thought Knox and Sollecito might craft a defense that made Guede appear more guilty. 

After he was convicted, defense supporters of course seized upon his conviction as the basis for the “lone wolf theory”.  It is possible, however, that Guede’s defense team was more correct all along than they might have realized - that he really was being set up.

What did Knox and Sollecito actually have planned?  Admittedly Sollecito had his knife fetish, and Knox’s sexuality was, well, you know.  But since none had committed any violent crimes in the past, it is unlikely that they planned to commit one quite so significant as a murder at this point. 

Contrary to what I had previously thought, Mignini may also be correct in his game theory.  Their plan might have been to coerce Meredith into having sex with someone.  If they couldn’t “talk her into it” they planned on intimidating her with the very large knife they brought along.

There is an inconsistency in the various scenarios that have been put forth.  In one scenario, all three came to the cottage intending to physically harm Meredith, and that is why they brought the knife and turned their cell phones off.  This doesn’t really make much sense because, for a murder, or even an assault with a knife, it was incredibly poorly planned. 

Additionally, and more importantly, none of these people had a criminal past and so it is unlikely they would plan on committing quite such a horrible crime.

Another scenario, which is along Mignini’s lines, is that the three planned to use the knife only to intimidate Meredith into doing what they wanted ““ which was to get involved in a sex act with Guede by coercing and threatening her.  This activity could be considered a sex game. 

If the terrifying trio had planned on going to see Meredith merely to play a game, then why did Sollecito and Knox turn their cell phones off?

They must have realized that there was a possibility that what they were setting out to do could end poorly.  If Meredith went along with what they planned, all would be okay.  Hopefully, she’d be a good sport when it was over.  If this is how it played out, there would have been no need to turn their cell phones off. 

But on the other hand, if she wasn’t a good sport, and called the police, they would be able to move to Plan B: blame Rudy, and deny that they were even there.  Turning their cell phones off fits with this outcome.

What this all suggests is that Rudy Guede really might have been set up. 

He clearly would have left evidence of a sexual attack; but the two others, not so much.  In fact, they may have planned to set Rudy up before they even asked him to participate.  Their plan right from the start might have been to bring in a third person to take the fall if things didn’t go well.

So Sollecito and Knox might have planned a plausible sequence of events as an alibi in which Guede would be the only perp and they could be at Sollecito’s smoking hash and watching Internet movies. 

So they needed someone who the police could easily accuse of the crime, and Rudy Guede filled the bill.

Why did they turn their cell phones off if they were only going to play a game?  I think they had already planned to get a bit more serious, and to implicate Guede as the perp.


Thursday, April 16, 2009

Our Best Shot At Making Amanda Knox’s Timeline Alibi Work

Posted by FinnMacCool


Amanda Knox’s first encounters with police and other witnesses the day after go to the very heart of her credibility.

Of her truth-telling or otherwise about events, and of her whole innocence or otherwise in the crime. 

On Sunday 4 November 2007 Amanda Knox wrote an email to a student welfare officer at the University of Washington in Seattle.

Knox related what she said had happened at the house on Friday the 2nd before the communication police arrived to establish why Meredith’s two mobile phones were tossed into a garden a kilometer away.

This email was written while Amanda was alone and under no pressure.

Copies went to various relatives and friends. For many of her supporters, it represents the essential truth of what happened, before Amanda was interrogated by the police and began changing her story.

This analysis covers the period from noon to a quarter past one on the Friday, the day that Meredith Kercher’s murder was discovered.

It compares the claims in the email with cellphone records for Amanda Knox and Raffaele Sollecito for the period.

The contents of the email

According to the email, Amanda and Raffaele were initially at Raffaele’s apartment at noon on November 2nd. The email describes how Amanda spoke with Filomena Romanelli and then tried to reach Meredith Kercher by phone.

It then explains that Amanda and Raffaele returned to the cottage, where they found evidence of a break-in, alongside some bloodstains which Amanda had already noticed.

They also observed that Meredith’s door was locked. After they tried and failed to break down this door, they phoned the police.

After that, Amanda claims she called Filomena once again, who said she would return to the cottage.

Cellphone records do not support this story, and nor do the police.

Two police officers arrived at the cottage to investigate Meredith’s two phones, which had been found in a neighbor’s garden. The police claim they arrived at 12:25, and video evidence appears to support this.

Amanda and Raffaele dispute the video evidence. They claim that the police arrived much later, after the call to the emergency services which Raffaele made at 12:55.

Below, we look first at the scenario described by Amanda, followed by the scenario described by the police, with a view to determining what really happened in that crucial hour between noon and one. 

First scenario: Amanda Knox’s email is essentially true, the police account is essentially inaccurate

If we assume that the police are basically incorrect, and that Amanda Knox’s email is basically correct, in their respective rememberings of what happened on November 2 between noon and 1315, that leaves us with several puzzling questions. Here are some of them:

1. Where was Amanda at 1208?

At 1208, Amanda calls Filomena. Amanda claims that she made this call from Raffaele’s house.

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

Filomena says that Amanda explained, in that conversation, that she was at the cottage, and was on her way to fetch Raffaele.

2. Why didn’t Amanda call Raffaele?

Even though Amanda claims to have walked alone to the cottage, and to have been concerned enough about the bloodstains to want to bring Raffaele to have a look at them, she never attempted to phone Raffaele at all during the whole of that morning.

3. Why did Amanda stop calling Meredith’s phones?

Amanda first tried calling Meredith’s Italian phone at 12:07. At 12:08 she calls Filomena, who advises her to try Meredith’s phones. She doesn’t tell Filomena that she tried the UK phone just a minute ago (nor does she mention this in her email).

In the email, Amanda says she called Meredith’s phones after speaking to Filomena ““ cellphone records support this claim. But she also says that the Italian phone “just kept ringing, no answer”.

Her cellphone records show this call lasted just three seconds, and the call to the UK phone lasted just four seconds. (The WeAnswer Call service, which prides itself on how quickly it answers its customers’ calls, boasts that their average speed-of-answer is 5.5 seconds.)

Next, Amanda claims that she returns to the cottage with Raffaele.

But why doesn’t she try Meredith’s phones again? If the Italian phone was going to continually ring again ““ even for just three seconds ““ she’d now be able to hear it through the bedroom door (assuming Meredith had it with her).

But this doesn’t seem to have occurred to either Amanda or Raffaele.

4. Why didn’t Amanda call Filomena back?

In the 12:08 call, Amanda told Filomena she would try Meredith’s phones and then call her back.

In the email, Amanda claims that she called Filomena back three quarters of an hour later ““ after Raffaele’s finished calling the police at 12:55.

But cellphone records show that Amanda never called Filomena back at all.

On the other hand, Filomena DOES call Amanda back ““ at 12:12 and 12:20. It’s not clear whether Filomena receives an answer to these calls, or simply leaves a message ““ certainly, Amanda’s email makes no mention of having received these calls.

Then Filomena tries a third time, at 12:34, which is when Amanda tells her that Filomena’s own room has been broken into.

5. Why doesn’t Amanda mention that she called her mother in Seattle?

Her cellphone records also show that Amanda called her mother at 12:47 ““ but she makes no mention of this call in her email.

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

The email describes the decision to call the police as something between herself and Raffaele, after she had tried to see through Meredith’s window, and after Raffaele had tried to break down Meredith’s door.

But in the ten minutes before Raffaele calls his sister (an officer in the carabinieri), Raffaele has received a call from his father (at 12:40:03) and Amanda has made a call to her mother (at 12:47:23) ““ neither of which calls is mentioned in the email.

Raffaele’s sister gives him the same advice that Edda Mellas gave Amanda: hang up and call the cops.

6. How can the tour of the cottage and the arrivals of first Marco and Luca, and then of Filomena and Paola, all take place between 12:55 and 13:00?

Raffaele makes the successful emergency call (lasting nearly a minute) at 12:54:39.

Meredith’s UK phone is activated at Police HQ at 13:00 ““ as part of a conversation which the postal police at the cottage are having about that phone with staff at HQ.

This conversation mentions Filomena’s arrival, and the information she’s given them about it being a UK phone.

This means that we need to fit the following activities into those five minutes, if Amanda’s email is to be believed:

  • The postal police arrive later than 12:55
  • Amanda and Raffaele give them a tour of the cottage, including the suspected break-in and the bloodstains in the bathroom
  • Amanda writes down Meredith’s phone numbers for them, on a post-it note which Luca Altieri notices on the kitchen table when he arrives
  • Marco and Luca arrive (and they see the post-it note) and have a conversation with the police about the ownership of the phones
  • A few minutes later, Filomena and Paola Grande arrive. Filomena explains to the police about Meredith’s phones (one lent by Filomena, and the other a UK phone)
  • The postal police make contact with their HQ
  • During this call, Meredith’s phone is activated (at 13:00)

In addition, at some point, Paola sees Raffaele and Amanda emerging from Amanda’s bedroom ““ but it’s not clear whether this happened before or after 13:00. It could have been after.

But even if we move this emergence from the bedroom to after 1300, there simply isn’t enough time for all those other activities to take place in a period of less than five minutes.

Second scenario: the police account is basically accurate,  Amanda Knox’s email is essentially untrue

Let us take the opposite scenario, and assume that the police are basically correct, and that Amanda Knox’s email is basically incorrect.

This then provides us with answers to those puzzles above, and also fills in some of the gaps that were otherwise missing from the timeline.

We also find that this new timeline is supported by evidence from other witnesses.

1. Where was Amanda at 12:08?

Amanda was at the cottage, and so was Raffaele.

Amanda was not telling the truth when she said she was going to fetch Raffaele ““ since Raffaele was in the room with her when she made the call.

This matches with the versions of both Filomena and Raffaele, who both believed that the call was made from the cottage.

2. Why didn’t Amanda call Raffaele?

Amanda never called Raffaele that morning because they were with each other the whole time ““ just as they continued to be with each other every moment until their arrest (except when separated for interrogations).

3. Why did Amanda stop calling Meredith’s phones?

Amanda called from the cottage in the first place, so there is no longer a question of why she called Meredith only from Raffaele’s apartment.

Also, she allowed the phone to ring only for three or four seconds because she knew that Meredith would not (and could not) pick up ““ she knew Meredith was dead.

The purpose of making these calls was simply for them to appear on her own cellphone record, to help construct an attempted alibi.

4. Why didn’t Amanda call Filomena back?

This question can be answered if we accept the hypothesis that Amanda’s intention was for Meredith’s body to be discovered by Filomena and/or Filomena’s friends.

When the police found the couple outside the property “waiting”, they were really waiting for the one living person that they had called that morning ““ Filomena.

Amanda ignores the calls at 12:12 and 12:20 because she wants Filomena to arrive at the cottage and to be the one who makes the “discoveries” of the break-in, and the locked bedroom.

So that when Filomena arrived at the cottage, Amanda and Raffaele (at the front of the house) could have said, “Oh, we decided to wait for you. Let’s go in together.”

However, Amanda answers Filomena’s 12:34 call because the police are already at the cottage and have already discovered the alleged break-in.

So now Amanda needs Filomena to arrive as quickly as possible ““ and at this point she tells Filomena about the break-in and the locked door.

Unfortunately for Amanda, however, Filomena decides to call Marco and get himself and Luca to go there first ““ knowing that they will be able to reach the cottage much more quickly.

Amanda tries to delay the breaking open of the room by telling the police, and by telling Luca, that it’s normal for Meredith to lock her own door.

She does this because, when it comes to the breaking down of the door, they want the others to be the first ones on the scene - and we can see that when the door is broken down for real, Amanda and Raffaele withdraw to the kitchen.

Unfortunately for Amanda, however, she can’t resist boasting later to Meredith’s English friends that she herself was the first on the scene.

5. Why doesn’t Amanda mention that she called her mother in Seattle?

Amanda’s email is essentially fictional.

The police arrived around 12:30, which is when they said, and this is corroborated by the CCTV evidence from the car park (timed at 12:25).

So the police have been in the cottage for about a quarter of an hour when Amanda calls her mother.

Amanda is first called away from the police to answer Filomena’s 12:34 call, just as Raffaele is called away a few minutes later to answer a call from his father at 12:40.

However, it is not until the arrival of Marco and Luca that they are able to escape to the privacy of Amanda’s bedroom, where they make the phone calls first to Amanda’s mother, then to Raffaele’s sister, and then the two calls to the police.

Notice that Edda and Raffaele’s sister both give the same advice: Hang up and call the police. And that’s exactly what they do, in fact.

However, in trying to create a fictional backdrop for making the emergency calls, Amanda forgets that she’s already called her mother.

Now she tries to explain that she and Raffaele called the police because of their panic over the locked room ““ panic which seems not to exist when Amanda is telling Luca that Meredith usually locks her door.

(Notice that in this version, we don’t need to believe that nobody can understand what Amanda says.)

After making these calls, Amanda and Raffaele emerge from the bedroom, as described by Paola Grande.

Paola’s memory of arriving at the cottage just before one is supported by the activation of Meredith’s cellphone at 1300.

6. How can the tour of the cottage and the arrivals of first Marco and Luca, and then of Filomena and Paola, all take place between 12:55 and 13:00?

It doesn’t. The tour of the cottage takes a more realistic fifteen minutes (roughly 12:30 to 12:45).

The police spend ten minutes talking to Luca and Marco about the phones, and about the suspected break-in, and so on (roughly 12:46 to 12:55), while they await the arrival of Filomena and Paola.

The girls arrive shortly before one, as the girls said, and as the phone records support, and explain the situation of the phones to the police (roughly 12:56 to 13:00).

There follows another fifteen minute examination of the house, culminating in the breaking down of the door by Luca Altieri at 13:15.

Conclusion

This version may or may not be accurate, but at least it is supported by external evidence, not contradicted by it.

It is easy to see why Judge Micheli’s report found that the cellphone records do not support Raffaele Sollecito’s claim to have called the flying squad before the postal police arrived.

It is also easy to see why these timings undermine other stories told by the two defendants ““ such as Amanda’s December 2007 claim that she thought the postal police were in fact the police that Raffaele had just called.

Such a claim is absurd, given that Battistelli contacts HQ with a status report less than five minutes after Raffaele’s 112 call was made.

The bottom line is that this does not look promising for Amanda Knox.


Saturday, April 04, 2009

Newsweek Interviews The Kercher Family Lawyer Francesco Maresca

Posted by Peter Quennell


Click above for another fine report by Barbie Nadeau.

Ms Nadeau is one of only two Rome-based Amercan reporters (the other is Andrea Vogt, see post below) on the case. In contrast, there are half a dozen British reporters on the case, at least one (Nick Pisa for Sky News) with a cameraman, and there are rarely less than several dozen Italian reporters.

This report nicely positions where we are now in the course of the trail.

Now, 17 months after Kercher’s brutal murder, the theatrics are over. The two judges and six jurors are finally getting to the meat of the trial: the scientific evidence.

Experts say it will make all the difference in this case against 21-year-old Amanda Knox and 25-year-old Raffaele Sollecito, who stand accused of sexual assault and murder.

Francesco Maresca, the attorney representing the Kercher family, equates the prosecution’s case so far to preparing a fine meal. “Up to this point, we have seen the equivalent of the side dishes,” Maresca told NEWSWEEK in his office in Florence. “From this point we will start to see the real substance”...

With the theatrics now out of the way, this scientific evidence will finally bring the circumstances of this murder into better focus. The prosecution has always maintained that Knox, Sollecito and Guede tried to initiate a sex game that went awry.

Maresca says that while he is sure the accused did not go into Kercher’s room with the intent to kill her, there is ample evidence proving that what started as a game ended in her tragic murder.

“Kids this age are all into quick thrills,” he told NEWSWEEK. “What started as a threat or a game to scare Mez escalated to violence and ended in murder.”

We suspect that here, Mr Maresca may be reflecting what the Kerchers also think: that nobody in the world would have knowingly set out to murder someone so precious as Meredith.


Thursday, March 19, 2009

What Are The Judges And Jury Now Thinking? The Current Position Of AK And RS

Posted by Brian S


When nothing else works, the mantra again becomes “I simply don’t remember”.

Attempts have been made at various alibis, but as each of them fall flat or collide, the fall-back position becomes one of blackouts on the night.

I view this with complete disbelief.

Although I was only a teenager at the time, I can remember exactly where I was and who I was with when somebody came into the room and said JFK had been shot.

I can remember where I was and who I was with when I watched on TV as a man first walked on the moon.

I can remember the business phone conversations I had on the afternoon (UK time) the World Trade Centre came down.

Because I can remember those “surreal” conversations, I can recall all the details of a work project in which I was involved in the days immediately preceding and following. I can even remember the pub lunch I had on the Sunday before, and the content of the casual conversations I had with colleagues after we finished the weekend portion of that same project. That was nearly eight years ago.

I can remember all of the details of some of the more traumatic or major events which have occurred in my own life.

I just can’t believe that RS and Ak can’t remember what they did the night Meredith was killed - even if they really are innocent, and didn’t find out about the murder until the next day.

Traumatic and other major events “fix the memory” pretty well forever. I can still remember much of my first day at school.

If AK and RS were “so far out of it” they can’t remember what they did on November 1st, then they can no more remember they didn’t kill Meredith than they can remember that they did.

Many people, even those innocent, may be tempted to “create a simple alibi” when first interviewed by the police. Especially if they have to admit to something like “we spent the night at home smoking cannabis” or they spent the night with the partner of their best friend.

And then in face of any contrary, damning facts, they usually suddenly grow a brain.

Let’s walk through what happened inb this case.

At their very first questioning, on the day after the murder, RS and AK said they wandered around town and then went to a party.

Within 3 days the police knew this wasn’t true, because of a trace on Raffaele’s phone movements. And so on November 5th, they called him back in to explain the anomaly.

They didn’t request Amanda’s attendance as well but she went along with Raffaele anyway.

It’s at this time that most innocent people will admit that they had lied earlier, as they don’t want to dig themselves in any deeper. They make their excuses now, and admit to what they were really doing.

Raffaele did now tell the police that his earlier story “was a load of rubbish he made up because he didn’t realise the inconsistencies in what Amanda had said”.

But he now said that he was home alone, doing things on his computer from sometime around 9:00pm when “Amanda went out to meet friends at Le Chic”. And that she didn’t come back until sometime around 1:00am.

As Amanda had conveniently made herself available at the police station with Raffaele, the investigators now asked her for her version of the evening too.

Faced with the removal of Raffaele’s alibi for her, and his saying that she went out to Le Chic (plus the admittedly misunderstood text message “see you later”) she now came up with the story “Patrick killed Meredith, and I was in the kitchen, with my hands over my ears”.

Over the following days, Amanda slowly withdrew from her accusation against Patrick and, following witness evidence which proved he was at Le Chic, came up with the third story that “Raffaele may say I went out, but that’s wrong. I did spend the evening with him.”

Unfortunately for her, Raffaele continued to maintain his story that he was home alone on his computer, and that Amanda went out, right through the stages of his appeals up to the appeal made to the Supreme Court last March, where he claimed that “the evidence against Amanda is being arbitrarily used against me on the erroneous assumption that we spent the evening together”.

To this day, Raffaele has not changed this assertion, nor provided any new version for the trial.

Currently, the judges and jury will know of the claims that Amanda says she was at home all evening with Raffaele. And that Raffaele says that he was at home alone and Amanda went out at around 9:00pm.

The judges and jury will understand that their current stories are conflicting, and that one or both can’t be true.

Two prongs of Raffaele’s alibi have already failed.

1) Evidence at the pre-trial proved that the mobile-phone tower which picked up the aborted call to Meredith’s bank proved nothing about the location of Meredith’s phones at the time the call happened.

2) Evidence already presented at the trial has proven that Raffaele did not use his computer past 9:10pm on the night Meredith was killed, and that statements made by both Amanda and Raffaele that they didn’t rise until approximately 10:30am the following morning have also been demonstrated as untrue. One or both of them played music on the computer at approximately 5:30am.

The evidence produced to date hasn’t proven that AK and RS killed Meredith, but it’s proven beyond any doubt that both AK and RS have been lying, and that their stories for the time in question don’t match.

Whatever else they may say now at the trial, can the judges and jury (or we the public) actually be expected to believe it?

Who will believe Raffaele now if he changes his story, for example to say that, yes, he really was at home with Amanda, and not on his computer that evening? That he’s now changed his mind, and actually Amanda didn’t go out to meet friends at Le Chic?

Why should anyone believe a word he says? Who could believe he’s suddenly recovered his memory and not just invented another story to fit with the changed circumstances in which he finds himself?

His credibility looks to be toast.

And who will believe another word from Amanda, if the external enquiry concludes that the police really didn’t hit her, and she is faced with a second charge of slander?

Remember Mignini acted instantly to ask for that inquiry when Amanda made her accusation in court. Assuming that tapes and records of her interview exist, and he knows full well what they will reveal.

Her credibility too looks to be toast. 

So. What now? More statement somersaults? More mental fog?

Enjoy the show, judges, and jury.


Wednesday, February 25, 2009

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

Posted by Brian S




1. Where We Stand

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.

2. 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 faked 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 faked after Meredith was killed.

In Micheli’s opinion the scene in Meredith’s room was probably faked 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.


Saturday, February 14, 2009

Trial: Friday Afternoon, More Tough Testimony From Meredith’s Friends

Posted by Peter Quennell

[click for larger images]

Above left with Meredith: Sophie Purton


Above: Robyn Butterworth


Above: Amy Frost

Richard Owen of the London Times reports on the afternoon’s testimony.

1) Robyn Butterworth

Describing Ms Kercher’s last hours, Ms Butterworth said that Ms Kercher had joined her, Amy Frost and Sophie Purton to eat a pizza and watch a romantic film.

Ms Kercher had not made or received phone calls, and had not said that she was expecting anyone at the house she shared with Ms Knox.

She had returned home “about nine”. Ms Butterworth said they had all been tired after Hallowe’en the night before, when the friends had gone to a pub and a nightclub, returning home at 4.30am.

2) Amy Frost

Amy Frost, another witness who had flown in from Britain, said that [at the police station] Ms Knox was “giggling” and kissing Mr Sollecito.

“I remember Amanda sticking her tongue out at him. She had her feet on his lap,” the court was told. Ms Frost said that Ms Knox’s behaviour at the police station was “inappropriate”, as if she had “gone crazy”....

3) Natalie Hayward

Ms Hayward told the court that she remembered Ms Knox saying: “They slit her throat, Natalie, she would have died slowly and in a lot of pain.”

4) Sophie Purton

Sophie Purton, another close friend, said that she remembered hugging Ms Knox at the police station “but she did not reciprocate my hug, she seemed quite cold. She kept her arms at her side.” 

When she asked Ms Knox what happened Ms Knox replied: “What do you want to know, because I know everything.” She told Ms Purton “that Meredith was found in the wardrobe but only her foot was sticking out, and also that her throat had been cut”.

Since Ms Knox also said she was not there when the door of Ms Kercher’s bedroom was kicked in, Ms Purton said she assumed this information came from one of the Italian flatmates who was present.

Posted by Peter Quennell on 02/14 at 05:39 AM • Permalink for this post • Archived in Evidence & WitnessesOther witnesses15 Single alibi hoaxComments here (6)

Monday, February 09, 2009

Trial: Highlights Of The Testimony On 6 February And 7 February

Posted by Peter Quennell


These seem to have been the most significant and dramatic happenings in the courtroom on Friday and Saturday.

This was the first part of the prosecution’s case to be presented, and so the first of the prosecution witnesses were testifying and were being cross-examined by the defense lawyers.

In the defense part of the trial coming up, the defense counsel will present their own witnesses to try to rebut this testimony, and then the prosecutors will cross-examine their witnesses.

So none of this can be considered cast in stone, then. But it looks quite a tough case so far. The defenses seem to have their work cut out for them.

Reports in the Italian media were considerably more detailed than in the UK media, though coverage there was good too. It looked in both countries to be pretty objective.

Americans are as usual the most ill-informed or mis-informed on this tragic case. With one or two fine exceptions, the US media continues to fall short.

Translations here from Italian to English are mostly by our own team. 

  • Judge Massei admitted into evidence the uncoerced written admission of Amanda Knox that she was present at the scene during the murder of Meredith.

  • In a surprise statement to the court, Sollecito claimed that “I barely knew Meredith, I didn’t know Guede at all” and that he began a close relationship with Knox only on 24 October, days before the murder.

  • The communication police testified on the lines of the Micheli report on how Meredith’s two mobile phones were found in Signora Lana’s garden and retained at the police station.

  • Mr Bartolozzi, whose agency oversees internet activity in Italy, said an examination of Sollecito’s computer had indicated that contrary to his claim there had been no activity on it between 9.10pm and 5.32am.

  • The communication police seem to have found Knox and Sollecito embarrassed and surprised when they arrived, and they were apparently encountered with a bucket and a mop.

  • Sollecito’s claim to have already called the Carabinieri to come to the house when the communication police officers arrived seems to have been misleading.

  • The communication police noticed that there was a washing machine in operation and they could hear the noise of the centrifuge. Soon after, the mobile-squad police found that the machine had finished its work a few minutes earlier, and the clothes were still warm.

  • Filomena testified that the washing machine was still warm when she returned to the cottage and that it contained some of Meredith’s clothes.

  • Filomena said of Knox “She told me: ‘It’s very odd. I’ve just come back to the house and the door is open. I had a shower but there’s blood everywhere. I’m going to get Raff. Meredith is nowhere to be seen. Oh God, maybe something’s happened to her, something tragic’.”

  • Filomena said she replied “But Amanda. I don’t understand. Explain to me, because there’s something odd. The door’s open. You take a shower. There’s blood. But where’s Meredith?... The door’s open. I go in. There’s blood. I take a shower? I don’t know about you, but I really don’t think that that’s normal.”

  • To the communication police, the break-in via Filomena’s bedroom window appeared to have been faked, as there was window glass on top of some disarrayed clothes, valuable items had been left in the room, and luminol had revealed Knox-sized and Sollecito-sized footprints on the floor.
  • Filomena testified that her first instinct on returning to the apartment had been to go to her room. Her clothes were on the floor and her cupboard was open, but none of her jewellery was missing, nor were her designer sunglasses and handbags.

  • Filomena said there was glass on top of the pile of clothes. Her laptop was among the clothes.“I remember that in lifting the computer I realised that I was picking up bits of glass because there were bits of glass on top and it was all covered with glass.”

  • Filomena testified that the relationship between Amanda and Meredith started off well and they bonded immediately.  “They were of the same age, they had interests in common, and both spoke English.” Then the relationship seemed to deteriorate.

  • Filomena said that Kercher was involved with a “very kind” young man, Giacomo Silenzi, who lived in an apartment downstairs and who she said “courted her very sweetly…. Meredith never brought men home ““ the only people who came to the house were two of her English girlfriends.”

  • Filomena contradicted Knox on whether Meredith was in the habit of locking herself in her bedroom, according to Filomena, Meredith never did, whether inside or outside.

  • Filomena testified that Knox and Sollecito just cuddled at the scene while everyone else was in tears and she said she was bewildered by Knox’s behavior. Another witness testified that Knox may have cried.

  • Filomena examined the knife found in Sollecito’s apartment and said she had never seen that knife in Via della Pergola. She was unaware of any dinner or lunch that Meredith had attended at Sollecito’s apartment which could explain her DNA on that knife.

  • Filomena said she saw Raffaele Sollecito and Amanda Knox exchanging a note at the police station.

  • Luca Altieri said “With the police we decided to break into the room - I don’t know exactly where Amanda and Raffaele were at that time, but I can tell you, they were not in a position to see inside the room.”

  • Inspector Bastianelli described having made everyone exit the house after the door to Meredith’s room had been opened. And of then having stood for about half a minute at the door of the room, facing into the room without entering it, and concluding that Meredith was already dead.

  • But according to Luca Altieri, Inspector Bastianelli seemed to enter into Meredith’s room a little and incline toward Meredith on the floor [this has been modified, as Italian reports say he did not claim the inspector touched the duvet.]

  • Paola Grande confirmed not having seen the inspector entering the room, but hearing him subsequently confirm that the person under the bedcover was dead, that there was a lot of blood, and that the victim had struggled because there were bloodied prints on the wall.

  • The police were curious as to why Knox’s lamp was in Meredith’s room, especially as there was no other light source in Knox’s room.



This next Friday, Meredith’s English friends will be heard in court. And Meredith’s former boyfriend Giacomo Silenzi is expected to tell the court about his relationship with Meredith.

And now rescheduled for next Saturday are Giacomo Silenzi, Stefano Bonassi and Daniele Ceppitelli.


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