Category: 15 Single alibi hoax

Wednesday, July 02, 2014

Rome Press Conference Reports: Sollecito Separates From Knox, Bongiorno Misleads On Her Text

Posted by Our Main Posters




1. Overview Of This Post

Sollecito and Bongiorno held a much-attended press conference at which they tried to hang Knox out to dry.

This post first quotes some of the reports and then looks at the big reveal, that there is proof Knox was out TWICE including later in the evening when Sollecito was still at home.

2. Reports From English-Language Media

Lizzy Davies In The Guardian

Raffaele Sollecito, the ex-boyfriend of Amanda Knox who faces a 25-year prison sentence for the murder of Meredith Kercher, has placed renewed pressure on his American co-defendant by noting “certain anomalies” in her case.

As he unveiled his defence strategy for a potentially definitive appeal which could see him and Knox definitively convicted of the British student’s killing in 2007, the 30-year-old Italian said he still believed “to this day in the innocence of Amanda Marie Knox”.

But, in what some read as a sign he is preparing to distance himself from his former lover after six-and-a-half years of rigidly joint defence, he added: “But obviously, in what I read in the court papers, I register certain anomalies.”

While saying she hoped both convictions would be quashed by Italy’s supreme court, Sollecito’s lawyer, Giulia Bongiorno, urged the judges to take “coherent and consequent decisions” if they felt there were contradictions in the appeal court’s sentence, and not to “automatically extend anomalies pertaining to Amanda to Sollecito”.

At a press conference in Rome on Tuesday, Sollecito acknowledged, as he has done previously, that he cannot be absolutely certain of how much time the 27-year-old student from Seattle spent in his flat on the early part of the evening of the murder, even if he is certain the two spent the night together. The pair have always said their memories were foggy due to the effects of cannabis.

Sollecito’s appeal, said Bongiorno, focused on a text message which Knox says she sent from her then boyfriend’s home at 8.35pm the evening of the murder but which the Florence court, in its reasoning, accepts was sent from outside.

“According to the sentence, this [SMS] was not written from Raffaele’s house. Therefore the two were not together,” said Bongiorno. She added that, from her client’s point of view, the discrepancy was “either the nth mistake of the sentence, or ‘I [Sollecito] was lied to, too.’”

She added that his defence team had estimated that the attack on Kercher took place between 9pm and 9.30pm ““ though a time of death has never been agreed on and prosecutors have argued it occurred later. Sollecito says evidence from his computer proves he was at his home until at least 9.26pm.

Another hinge of his defence is a memo written by Knox in which she admitted to confusion over earlier statements in which she had falsely accused bar owner Patrick Lumumba of the murder, said she was present at her house and heard the 21-year-old Leeds University student “screaming”.

She later retracted the statements.

Sollecito said he did not believe the contents of the “odd, eccentric” memo, but that as the Florence appeals court ““ which reinstated the pair’s guilty verdicts in January ““ appeared to draw on parts of it for the convictions, he was forced to respond to that version of events.

“For me this memo recounts only fantasies and figments of the imagination,” he said. “But if what were written in the memo were true, taking it as a given that the judges are right [to use it in their verdict], could you explain to me where I figure in it?”

He added: “What is my participation? What is my motive, my involvement, anything? Explain it to me, because my name is Raffaele Sollecito and not Amanda Marie Knox.”

Unsigned, BBC Website

At a press conference in Rome on Tuesday, Sollecito insisted that he was innocent but said he remained convinced that Knox was too.

Unveiling his new defence strategy, he said January’s guilty verdict had been based on evidence from Knox that exonerated him.

“The 25-year prison sentence given to me is based entirely on the statement written by Amanda Knox in pre-trial detention. She herself exonerates me entirely,” he told press.

In the statement, she says she was in her flat while the murder was being committed, “with my hands over my ears because in my head I could hear Meredith screaming”.

Sollecito is not mentioned by Knox in the text, which his defence team says is proof he was not present at the scene.

“Taking it as read that the judges are right [in basing their verdict on Knox’s statement] will you please explain what I have to do with it?” Sollecito said.

Knox later withdrew the statement after saying she had written it under police pressure, and the pair have been each other’s alibis since, saying they spent the night together at his house.

Sollecito’s lawyer Giulia Bongiorno said that while he has always said he “spent the night” with Knox, he has never said they spent the evening together.

Ms Bongiorno added that her client’s appeal would cite a text message that Knox claims to have sent while with Sollecito at his house.

“This text message, according to the court’s own ruling, was not sent from his house. Therefore the pair were not together,” she said.

Despite throwing doubt on his ex-girlfriend’s alibi, the Italian said he had “always believed, and still believe, that Amanda Marie Knox is innocent.”

Hannah Roberts Daily Mail

Knox and Sollecito have always maintained that they were together the evening of the brutal 2007 murder in Perugia, after which Miss Kercher, 21, was found half naked her throat slit in the cottage she shared with Knox.

But Sollecito’s lawyer Giulia Bongiorno said that ‘for the entire first part of the evening, they were not together. It’s this first part of the evening that’s new [to his defence]’.

Sollecito has pointed to phone records that show that Knox was away from his house for part of the evening.

In a dramatic change of legal tactics that he announced in a press conference in Rome he has now claimed there are “˜anomalies’ in Knox’s story.

Knox says that she received a text, while at Sollecito’s house, from her boss, telling her not to come to her job at a nightclub that night.

But phone records show that the text was received on the road between their houses, something that their retrial judges felt was key in their reconstruction of events. Sollecito’s phone and computer records show that he was at home that evening.

Sollecito said: “˜I have always believed in the innocence of Amanda. But I have to react to the accusations of the court and to the text message.

“˜Either the court has made their umpteenth mistake or she lied to me.’

He added: “˜I was in love with her and we had some very happy moments, but ultimately Amanda was a stranger.’

‘There are anomalies in her version of events. Against me there is nothing.’

The ‘fundamental basis’ for the conviction is Knox’s memo to police in which she says she was at the cottage when the murder took place, he said.

“˜I believe this was a hallucination, but if the court believes it is true then they have to accept that she did not say I was there. She gave me an alibi. “˜

It is not the first time Sollecito has expressed his doubts about the holes in Knox’s story.

In an interview with Italian television earlier this year, he said Knox had spent the night with him but went back to her place to shower, he said. When she returned, she was ‘very agitated,’ he said.

She told him that it looked like someone had broken in and that there was blood in the bathroom, Sollecito said. But rather than call the police, she showered and returned to his place something he finds odd. “˜Certainly I asked her questions,’ he said. ‘Why did you take a shower? Why did she spend so much time there?’

He didn’t get any real answers from her, he said.


3. Analysis: Bongiorno’s Claim About Knox’s Location When Texting

Giulia Bongiorno claimed yesterday that Amanda Knox replied to Patrick’s text while she was away from Sollecito’s house.

This is demonstrably untrue.

Mobile-phone-tower records show that Knox’s phone received Patrick’s incoming text telling her not to come to work when she was already somewhere on the route to his bar in Via Alessi. Knox apparently then turned around and went back to Sollecito’s house.

Mobile-phone-tower records show Knox texted back, responding to Patrick, from Sollecito’s house in Corso Garibaldi at 8:35.

They both claim this in their books - Sollecito himself claims it too.  Those books are pretty suspect throughout, but for once they both tell the same truth.

Some five minutes later, Knox and Ms Popovic met at Sollecito’s house so Knox was still there then. That is still three to four hours away from the best estimate of Meredith’s death.

So the time-period prior to 8:35 pm when Knox texted from Sollecito’s flat was the only time-period when there is hard proof that Knox and Sollecito were ever apart that night. In her unforced statements on 5-6 November Knox did claim she went out alone to see Patrick, but we have only her word she was alone.

Here is the narrative from Judge Massei’s 2009 report.

− 20:18:12: Amanda receives the SMS sent to her by Patrick Lumumba, which let her off from having to go to work at the “šLe Chic”› pub on the evening of 1 November. At the time of reception the phone connected to the cell on Via dell’Aquila 5-Torre dell’Acquedotto sector 3, whose signal does not reach Raffaele Sollecito’s house. The young woman was therefore far [i.e. absent] from Corso Garibaldi 30 when the SMS reached her, as she was walking in an area which was shown to be served by the Via dell’Aquila 5-Torre dell’Acquedotto sector 3 cell. This point of her route could correspond to Via U. Rocchi, to Piazza Cavallotti, to Piazza IV Novembre, bearing in mind that Lumumba’s pub is located in Via Alessi, and that Amanda Knox would have had to travel along the above-mentioned roads and the piazza in order to reach the pub

− 20.35.48 Amanda sent an SMS in reply to Patrick, at No. 338-7195723; the message was sent when the young woman’s mobile phone was in Corso Garibaldi 30 or in the immediate neighbourhood. The cell used, in fact, was that of Via Berardi sector 7.

Here is the narrative from Judge Nencini’s 2014 report.

At 20.18 and 12 seconds, Amanda Marie Knox received a text message sent to her by Patrick Lumumba, in which he informed her that it would not be necessary for her to go to the bar to carry out her usual work. At the time of receipt, Amanda Marie Knox’s handset connected via the sector 3 mast at Torre dell’Acquedotto, 5 dell’Aquila, as shown by phone records entered in evidence. This mast cannot be reached from the vicinity of 130 Via Garibaldi, the home of Raffaele Sollecito. According to the findings of the judicial police entered in evidence, this mast could be reached by anyone in Via Rocchi, piazza Cavallotti or piazza 4 Novembre, all locations in Perugia which are intermediate between 130 Via Garibaldi, the home of Raffaele Sollecito, and Via Alessi, where the “Le Chic” bar is located.

From this set of facts established in the case, Amanda Marie Knox’s claim, according to which she received Patrick Lumumba’s text message while she was at 130 Via Garibaldi, appears false. Given the mast connected to and the time, it is reasonable to assume that, when Amanda received the message, she had already left Raffaele Sollecito’s home and was on her way to the “Le Chic” bar. Presumably, she then turned around and went back.

Here, then, is the first crack in the account of the young woman who, in her narrative, claims never to have left the house at 130 Via Garibaldi from the moment of her entrance into the house in the afternoon of 1 November 2007, together with Raffaele Sollecito. There is oral evidence (the deposition of Popovic) and evidence obtained through phone records that, at around 18:00 on 1 November 2007, Amanda and Raffaele were at the home of the latter. Later, at precisely 20:35 and 48 seconds, when Amanda Marie Knox sent a text message to Patrick Lumumba, connecting to a mast serving 130 Via Garibaldi, both were once again [118]together at Raffaele Sollecito’s home. This fact is confirmed by Popovic, who went there to cancel that evening’s appointment with Raffaele. In fact, the witness reported that she had visited Raffaele’s home at around 20:40 in the evening.

In essence, it can be established with certainty that Amanda and Raffaele were apart, albeit for a limited period of time, on the evening of 1 November 2007, contrary to what is stated repeatedly in multiple statements made by Amanda Marie Knox.

It seems Bongiorno got it wrong about Knox, and Sollecito sat beside her happily nodding his okay.


Amanda Knox Left Sollecito’s House By Herself? Both Claimed It But Neither Of Their Books Back It Up

Posted by Our Main Posters




1. Current Contexts Of Sollecito’s And Knox’s Books

Neither book is exactly riddled with truths.

The claims throughout Sollecito’s book are soon to be the subject of a trial in Florence and the claims throughout Knox’s book are soon to be the subject of a trial in Bergamo. So both will need to endorse or reject what they wrote.

Plus Knox will need to endorse or reject this, from the first unforced statement she insisted on making without a lawyer on 6 November 2007. This is what Sollecito is gleefully using against her now.

Last Thursday, November 1, a day on which I normally work, while I was at the house of my boyfriend Raffaele, at around 8:30 pm, I received a message on my cellular phone from Patrik, who told me that the premises would remain closed that evening, because there were no customers, and thus I would not need to go to work.

I responded to the message by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work. In view of the fact that during the afternoon I had smoked a joint, I felt confused, since I do not frequently make use of mind-altering substances, nor of heavier substances.

I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home.


2. From Sollecito’s Honor Bound (Simon & Schuster 2012)

Amanda and I smoked a joint before leaving the house on Via della Pergola, wandered into town for some shopping before remembering we had enough for dinner already, and headed back to my place. Shortly before six, a Serbian friend of mine named Jovana Popovic rang the doorbell and asked if I’d mind driving her to the bus station at midnight to pick up a suitcase her mother was sending. I said that would be fine. When she left, Amanda and I sat down at the computer to watch a favorite movie, Amélie.

We had to stop the film a few times as the evening wore on. First, Amanda got a text from Patrick telling her it was a slow night because of the holiday and he didn’t need her to come in after all. It was like getting an unexpected snow day””we were thrilled. Amanda texted back: Certo ci vediamo più tardi buona serata! Sure. See you later. Have a good evening.

Then my father called. He and Mara had just seen the Will Smith movie The Pursuit of Happyness, and he told me how beautifully it portrayed the relationship between a father and his son. My father was always making phone calls like this. It was sweet that he wanted to share his experiences, but he also made everything he said sound vaguely like an order, as if laying out the parameters of how I should react to things before I’d had a chance to form my own opinion. But he never stayed on the line for long””he is too nervy and impatient””so I listened calmly and the call was over in less than four minutes.

In the meantime, Jovana dropped by again and told Amanda that I didn’t need to drive her to the bus station after all. Now we didn’t have to leave the apartment. The evening was ours, and we couldn’t have been happier. We switched off our cell phones, finished watching Amélie, and discussed what to make for dinner…

When Amélie ended, I went into the kitchen to take care of some dishes left over from breakfast before we started making dinner. I soon realized that water was leaking out of the pipe under the sink, and I cursed under my breath. I’d had a plumber come and fix the sink just a week earlier, and he had made me buy all sorts of replacement parts that clearly were not put together properly. I suspected he had left them loose on purpose to force me to pay for another visit. As Amanda and I threw kitchen towels onto the puddle on the tile floor, I decided I was going to let my landlady deal with it from now on.

“Don’t you have a mop?” Amanda asked. I did not. She offered to pick one up from Via della Pergola the next morning and bring it round.

We cooked a fish dinner, did our best to wash the dishes again, and tumbled gratefully into bed in each other’s arms. Only later, when I lay in the dark, unable to sleep, did it dawn on me that Papà  had broken his usual habit of calling to wish me good night.

It turned out he did so out of consideration. He had been about to pick up the phone when my stepmother talked him out of it. “Stop bothering him,” Mara said, as they got ready for bed around eleven o’clock. “He’s with Amanda, and they want to be alone. Why don’t you send a text instead?”

My father took her advice, but because my cell phone was turned off, I didn’t receive the message until six the next morning.

It was a desperately unlucky combination of circumstances. If my father had tried my cell and then called me on the home line””which he would have done, because he’s persistent that way””I would have had incontrovertible proof from the phone records that I was home that night. And the nightmare that was about to engulf me might never have begun.

My father called my landline a little before nine thirty the next morning to make sure we would be ready for our day trip to Gubbio. I was too groggy to talk. I’d been up several times in the night””listening to music, answering e-mail, making love””and wanted only to go back to sleep. Amanda got out of bed and said she was going home to shower and change her clothes, so I walked her to the front door, gave her a kiss, and crawled back under the covers.


3. From Knox’s Waiting To Be Heard (HarperCollins 2013)

Raffaele and I were good at being low-key together. We chilled out in the common room and smoked a joint while I played Beatles songs on the guitar for an hour or so. Sometime between 4 P.M. and 5 P.M., we left to go to his place. We wanted a quiet, cozy night in. As we walked along, I was telling Raffaele that Amélie was my all-time favorite movie.

“Really?” he asked. “I’ve never seen it.”

“Oh my God,” I said, unbelieving. “You have to see it right this second! You’ll love it!”

Not long after we got back to Raffaele’s, his doorbell rang. It was a friend of his whom I’d never met””a pretty, put-together medical student named Jovanna Popovic, who spoke Italian so quickly I couldn’t understand her. She’d come to ask Raffaele for a favor. Her mother was putting a suitcase on a bus for her and she wondered if he could drive her to the station at midnight to pick it up.

“Sure,” Raffaele said.

As soon as she left, we downloaded the movie on his computer and sat on his bed to watch it. Around 8:30 P.M. I suddenly remembered that it was Thursday, one of my regular workdays. Quickly checking my phone, I saw that Patrick had sent me a text telling me I didn’t have to come in. Since it was a holiday, he thought it would be a slow night.

“Okay,” I texted back. “Ci vediamo più tardi buona serata!”””“See you later. Have a good evening!” Then I turned off my phone, just in case he changed his mind and wanted me to come in after all. I was so excited to have the night off that I jumped on top of Raffaele, cheering, “Woo-hoo! Woo-hoo!”

Our good mood was only elevated when the doorbell rang again at 8:45 P.M: Jovanna had come back, this time to say that the suitcase hadn’t made the bus and that she didn’t need a ride after all. With no more obligations, we had the whole rest of the night just to be with each other and chill out.

After the movie ended, around 9:15 P.M., we sautéed a piece of fish and made a simple salad. We were washing the dishes when we realized that the kitchen sink was leaking. Raffaele, who’d already had a plumber come once, was frustrated and frantically tried to mop up a lot of water with a little rag. He ended up leaving a puddle.

“I’ll bring the mop over from our house tomorrow. No big deal,” I said.

Raffaele sat down at his desk and rolled a joint, and I climbed into his lap to read aloud to him from another Harry Potter book, this one in German. I translated the parts he didn’t understand, as best I could, into Italian or English while we smoked and giggled.

Later, when we were in bed, our conversation wound its way to his mother. His dad had divorced her years before, but she’d never gotten over the break. In 2005 she had died suddenly. “Some ¬people suspect she killed herself, but I’m positive she didn’t,” Raffaele said. “She would never do that. She had a bad heart, and it just gave out. It was horrible for me””¬we were really close””¬and I miss her all the time.”

I felt terrible for him, but it was hard for me to relate. The only person I knew who had died was my grandfather, when I was sixteen. I felt sad when my mom told me, but my grandfather had been old and sick, and we had expected his death for a few weeks.

I’m sure Mom and Oma must have cried, but my strongest memory is sitting around the dining room table telling funny stories about Opa. My grandmother’s message””that grieving was something you did in private; that you didn’t make public displays and you kept on moving forward””had remained with me.

Hearing the pain in Raffaele’s voice, I hurt for him. Nestling my head on his chest, I tried to be comforting.

As we started kissing, Raffaele gave me a hickey on my neck. We undressed the rest of the way, had sex, and fell asleep.

We’d known each other for exactly one week and had settled so quickly into an easy routine that one night seemed to melt happily and indistinguishably into the one that came after.

We planned to break our routine the next day, All Souls’ Day, by taking a long drive into the countryside, to the neighboring town of Gubbio. The November 2 holiday wasn’t usually observed with as much fanfare as All Saints’ Day, but since it fell on a Friday in 2007, a lot of people, including us, were turning it into a four-day weekend. I thought, Italians having a good time again. And I couldn’t wait.

 


Tuesday, July 01, 2014

Twice Today Amanda Knox’s Long-Running Interrogation Hoax Turns On Her To Bite Her In The Tail

Posted by Peter Quennell


1. Today’s Sollecito Claims

Take a look at this Knox statement and this Knox statement and this Knox statement.

If you think Knox was in a planned police interrogation, and her framing of Patrick was forced, over some hours, by tag-teams of cops, with no food, no drinks, no interpreter, and no lawyer, then the cops look bad and Knox is maybe home free.

But in fact voluminous testimony at trial by a whole host of those present in Perugia’s central police station on the night of 5-6 November 2007 confirm that absolutely none of that is true.

In fact Knox rolled over on Patrick in a heartbeat, and it happened during a quiet session of name-listing of possible perps, a task in which Knox was pretty eager - perhaps so eager because none of them were herself and one of them was Rudy Guede. 

Knox had turned up late at the police station, unwanted and grumpy, was advised to go and sleep, refused, agreed to build that list of possible perps (she listed seven), spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided refreshments, and insisted on writing three statements without a lawyer all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.

Knox’s erratic claims of pressure were of course disbelieved by the Massei trial court, she was convicted of calunnia, her appeals failed both at the Hellmann appeal court and the Supreme Court, and she served three years in Capanne Prison. Knox still owes Patrick a major payment and she herself continues to propagate the interrogation hoax repeatedly - in her book, on TV, in her email to Judge Nencini, and in her appeal to the European Court of Human Rights.

Sollico is now taking advantage of those three statements, and a claim that Knox’s text message to Patrick was sent from outside Sollecito’s apartment, to hint that Knox told the truth there, and he was not with her at the time when Meredith was killed.

2. Why This Might Resonate In Italy

This might lead to some review of “new evidence” though it cannot happen before Cassation confirms conviction. 

Not so much because of the hard facts, which belie him, but because of the growing recognition of the enormous damage done to Italy’s reputation by Curt Knox, Chris Mellas, and the paid thugs of their campaign.

And the threats to fight extradition, and the appallingly large sums of blood-money.

3. The Curt & Edda Defamation Trial

In a double whammy, a judge ruled in Perugia that Curt Knox and Edda Mellas must go on trial in the hard-line Florence court for their role in propagating that same interrogation hoax.

That is the same court that is already staging felony trials against Frank Sforza and Luciano Aviello and will soon stage defamation trials for the ironically titled Honor Bound against Raffaele Sollecito and Andrew Gumbel.

This is from Andrea Vogt’s latest website report (Update June 30, 2014) which as usual leaves in the dust all other non-Italian reporting except Barbie Nadeau’s and John Follain’s (though that is sadly behind the UK Times pay-wall). 

Amanda Knox’s biological parents, Curt Knox and Edda Mellas, faced a trial hearing in Perugia Monday on charges of defaming the local police with allegations in the international media (and reported in Italy) that their daughter was abused during questioning during the 2007 investigation into the murder of Meredith Kercher.

The case Monday came before Perugia Judge Noviello, who opted not to hear witness testimony, but instead moved the case to Florence. This because the judge reportedly noted that the Perugia prosecutor was also defamed, even though he did not make any official complaints, therefore it is a case that should be handled outside the sphere of Umbrian influence.

Amanda Knox was convicted on appeal in January in Florence, but still faces another trial there ““ that of allegedly slandering the police (calumny) with false accusations on the stand, which in Italy is a more serious charge than just defamation\libel. Knox and her parents now both face decisions by Florentine courts about the outstanding charges

The claims being targeted for trial were made in 2010 so the Florence court has another three-plus years before the statute of limitations cuts in. 

And this (tick tick) is from a TJMK post by Jools in January 2012.

The name of Amanda Knox was included in the list of trial witnesses that the defence for Kurt Knox and Edda Mellas, lawyers Dalla Vedova and Luciano Ghirga intend to call to testify in court.

So Amanda Knox could want to testify under oath on the interrogation hoax - either that or see her parents go down.  (Knox will probably also face trial in Bergamo for extensive defamation in her book. Amanda Knox could again want to testify under oath on the interrogation hoax - either that or see herself go down.)

We understand it was Knox lawyer Dalla Vedova who first asked for the Knox-Mellas trial to be moved to Florence. That was when Dr Mignini was the subject of a phony prosecution in Florence and Dalla Vedova seemed intent on embarrassing him.

Now Dr Mignini is riding high nationally, and is maybe having a few grins at Dalla Vedova’s predicament.


Saturday, June 28, 2014

Sollecito Suddenly Remembers He Wasnt There But Cannot Speak For Knox Who (As She Said) Went Out

Posted by Peter Quennell




1. The State Of Play

Sollecito is becoming intent again on digging himself out (really). But he and his own team have created definite problems.

Consider for example the last two public performances by Raffaele Sollecito’s defense, both in Florence. They consisted of:

    1. Giulia Bongiorno in her summation back in January, in Florence, at the tail-end of RS’s and AK’s appeal, ranting on foolishly about Perugia and Rome justice officials, in an apparent attempt to outdo even the nastiness of Amanda Knox’s earlier email to Judge Nencini which also ranted on foolishly about those officials.

    2. Giulia Bongiorno fooishly taking strong offense to Judge Nencini wondering why Sollecito remained soomewhat bound to Knox and so little forthcoming, and then Bongiorno foolishly having her political allies advance a complaint to the Supreme Council of Magistrates, dropped after a brief investigation.

Yes that is the same Judge Nencini who already reacted firmly to abrasive pressure from the Knox camp.  And the same Judge Nencini to whom Cassation MUST refer the case back down if there is to be any hope of adjustment of the outcome of the appeal.

Bongiorno’s were not exactly the smartest of moves.

3. Today’s New Development

An apparent u-turn, or at least a blink and slight deviation, in the suicidal game of chicken the Knox and Sollecito camps have long thought to be so smart.

Bongiorno or others very close to Sollecito, probably including his father and an aunt, seem to be again shooting for an additional degree of separation.

This familiar loosening of bonds with Amanda Knox was apparently explicit in his appeal to Cassation and today it is made slightly more explicit by Sollecito in a magazine interview.

And next Tuesday the Sollecito team will stage a press conference.

2. Fraught With Problems

The Sollecitos would be wise to bump up their plea to Cassation about 100-fold.  Substantial evidence that Sollecito was at the house still looms like an 80,000 pound gorilla - see a listing of it in one of our next posts.

And one key thing about the Italian system: it has immense capacity to hit back very hard in response to out-of-court pressure and attempts to poison public opinion.

As we have explained previously, these strong powers originate in the endless fight against the mafias, which have long used defamation of justice officials as a way of seeking some relief for their guys.

The reason why Knox is sentenced to 28 and a half years on top of her three years served for calunnia doesnt yet seem to have sunk into the slow minds of Knox or her family or her vigilantes..

But Sollecito is increasingly alive to the ability of Italian justice to hit back very hard when the justice system and its officials are impugned.

Yesterday Sollecito and his lawyer Alfredo Brizioli were being interviewed for the multiple false charges of crimes in Honor Bound The book is pretty horrific and new charges seem certain.

The foolish shadow-writer Andrew Gumbel has surfaced, and appointed a lawyer, and is expected to join him.

Our guess? Sollecito will need to tell all, and make a major plea for forgiveness from the Kerchers, if any adults with real powers are to give him any break.


Friday, June 20, 2014

Knox Interrogation Hoax #6: Sollecito Transcript & Actions Further Damage Knox Version

Posted by Our Main Posters




1. Breaking News From The Sollecito Appeal

It is in effect being reported (see below) that the Sollecto team have asked Cassation to concede that back in 2008 they - Cassation - maybe made a mistake in the law.

That, the Sollecito team said, directly caused a disadvantage to their guy. And they may very well be right. If Cassation agrees, it may leave Knox with no further effective fight.

2. What Happened When Knox Was “Interrogated”

To fully understand this, it will pay you to have read this series which includes major new translations by the professional translator ZiaK. And especially Part 2 of the previous post.

You will see repeatedly confirmed by those who were there these key facts:

(1) Amanda Knox turned up at the Perugia central police station late at night, unwanted and grumpy, and was advised to go home and get some sleep.

(2) Inspector Ficarra later said if she really wanted, she could help, she could build a list of possible perps, in a recap/summary session (not an interrogation).

(3) For maybe 45 minutes, starting at 12:30 am (when the interpreter arrived), Knox quite calmly listed seven names along with maps drawn.

(4) Knox was then quietly told Sollecito had contradicted her alibi (see his newly translated statement below). Knox had no immediate reaction.

(5) Soon after, Knox had a wailing conniption, which really startled the four others present, when Knox saw an outgoing text to her boss she had just said wasnt there.

(6) Police did what they could to calm her down, and she insisted on writing out three statements (see below) in supposed elaboration in less than 12 hours.

(7) She was warned she should have a lawyer each time, the second warning by Dr Mignini, but each time she shrugged off this advice and pressed on.

(8) In the noon statement Knox said this, with no mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”


3. More About Knox’s Three Statements

Cassation ruled in April 2008 that the first two statements could not be used to indict Knox at the murder trial, but all three could be used to argue her framing of Patrick.

All three of Knox’s voluntary statements of 5-6 November say she was at her house with Patrick; the main thrust of the third statement (handwritten when she knew Patrick was being held nearby and may have proved her a liar at any minute) was to spread the accusations around a bit more, and drop Sollecito also in the soup

But the voluntary 1:45 and 5:45 statements also include these damning claims:

Statement 1:45: “I responded to the message [from Patrick] by telling him that we would see each other at once; I then left the house, telling my boyfriend that I had to go to work.

Statement 5:45: “I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called “Le Chic” located in Via Alessi where I work periodically. I met him in the evening of November 1st 2007, after sending him a reply message saying “I will see you”. We met soon after at about 21.00 at the basketball court of Piazza Grimana. “

See the possible opportunity for Sollecito’s team via the new appeal here? That’s one supposed “proof” that he wasn’t there (or at most came late, to explain his footprints and DNA).

And see the really big problem for Knox? She says she went out from Sollecito’s place on the night - and quite specifically says he did not come along.

4. Dr Mignini’s View On Cassation Ruling

Dr Mignini has several times observed that Cassation misunderstood that Knox herself had insisted on all three statements, ignoring advice he and investigators gave her.

But he did not think it was a make-or-break issue, and to him Cassation is almost invariable respectful and benign. And many Italian legal precedents say yes, in those circumstances those statements really should have been permitted exhibits at the main trial.

5. Now Sollecito Team Agrees With Mignini

1) Read the excellent new report by Andrea Vogt here (her Update of 19 June 2014) which in part quotes the Sollecito appeal saying this:

“The trials lacked an adequate review of the “individual” role of Sollecito, generating instead a sense of his guilt due to…  a “confession” made by her, which never mentioned him at the scene of the crime. 1a) That declaration should be used as a favourable element showing Sollecito was not at the scene of the crime, not as a piece of evidence that confirms his guilt.

2) Also read the new report by Barbie Nadeau here [with the caution by Popper in Comments below] which in part says this.

Now, for the first time in this seven-year long, painfully epic case, Sollecito wants to be judged independently from Knox””if not on the case as a whole, at least on the issue of the so-called “false confession.”


6. Sollecito’s Statement Early 6 November 2007

Perugia Police Headquarters

Flying Squad General Affairs Area.

SUBJECT: Witness statement of person informed of the facts given by SOLLECITO Raffaele, already identified.

On November 5th 2007 at 22:40 in the offices of the Flying Squad of the Perugia Police Headquarters. Before the undersigned of the Criminal Investigation Dept. Deputy Commissioner MONICA NAPOLEONI, Chief Inspector Antonio FACCHINI Vice Superintendent of Police Daniele MOSCATELLI, Assistant Chief Ettore FUOCO is present the above-mentioned who, to supplement the declarations made [November] in these Offices, in regards to the facts being investigated, declares as follows: [*A.D.R. = Question Answer = QA]

QA I have known Amanda for about two weeks. From the night that I met her she started sleeping at my house. On November 1st, I woke up at around 11, I had breakfast with Amanda then she went out and I went back to bed. Then around 13:00-14:00 I met her at her house again. Meredith was there too. Amanda and I had lunch while Meredith did not have lunch with us.

QA Around 16:00 Meredith left in a hurry without saying where she was going. Amanda and I stayed home until about 17:30-18:00.

QA We left the house, we went into town, but I don’t remember what we did.

QA We stayed there from 18:00 until 20:30/21:00. At 21:00 I went home alone because Amanda told me that she was going to go to the pub Le Chic because she wanted to meet some friends.

QA At this point we said goodbye and I headed home while she headed towards the center.

QA I went home alone, sat at the computer and rolled myself a spliff. Surely I had dinner but I don’t remember what I ate. Around 23:00 my father called at my home number 075.9660789. During that time I remember Amanda had not come back yet.

QA I browsed at my computer for another two hours after my father’s phone call and only stopped when Amanda came back presumably around 1:00.

QA I don’t remember how she was dressed and if she was dressed the same way as when we said goodbye before dinner.

QA I don’t remember if we had sex that night.

QA The following morning around 10:00 we woke up, she told me she wanted to go home and take a shower and change clothes.

QA In fact at around 10:30 she went out and I went back to sleep. When she went out that morning to go to her house, Amanda also took an empty bag telling me she needed it for dirty clothes.

QA At around 11:30 she came back home and I remember she had changed clothes; she had her usual bag with her.

QA I don’t know the contents of her bag.

QA I remember we immediately went to the kitchen, we sat down and talked for a while, perhaps we had breakfast. In that circumstance Amanda told me that when she got to her house she found the entrance door wide open and some traces of blood in the small bathroom and she asked me if it sounded strange. I answered that it did and I also advised her to call her housemates. She said she had called Filomena but that Meredith was not answering.

QA At around 12:00 we left the house; passing through Corso Garibaldi we arrived in Piazza Grimana, then we went through the Sant’ Antonio parking lot and reached Amanda’s house. To walk there it took us about 10 minutes.

QA As soon as we got there she opened the door with her keys, I went in and I noticed that Filomena’s door was wide open with some glass on the floor and her room was in a complete mess. The door to Amanda’s room was open and I noticed that it was tidy. Then I went towards Meredith’s door and saw that it was locked. Before this I looked to see if it was true what Amanda had told me about the blood in the bathroom and I noticed drops of blood in the sink, while on the mat there was something strange - a mixture of blood and water, while the rest of the bathroom was clean.

QA I went to the kitchen and saw that everything was in order, then went around the rest of the house, I went to Laura’s room and noticed it was tidy. In that moment Amanda went inside the big bathroom, next to the kitchen and came out frightened and hugging me tight telling me that earlier, when she took the shower, she had seen feces inside the toilet, while now the toilet was clean. QA I just took a rapid glance at the bathroom trusting what Amanda had told me.

QA At that point I was asking myself what could have happened and I went out to find Meredith’s window to see if I could climb to it. I went outside with Amanda and she tried to climb to it, I immediately stopped her telling her to not do it because it was dangerous. I then told Amanda that the best solution was to break down the door, I tried to kick it and shoulder it open but I didn’t manage to open it. Then I called my sister on her cellphone and asked her what I should do since she is a Carabinieri lieutenant. My sister told me to call the Carabinieri (112, the Italian emergency number), which I did, but in the meantime the Postal Police showed up.

QA In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies. I heard the first statements that she made to the Postal Police who intervened at the place.

QA She always carried a big bag that she also had the night of November 1st.

The investigating officials acknowledge that the deposition ends at 3:30 (AM) of November 6th 2007.


7. Our Analysis Of What RS Signed

Chimera (who is currently working on identifying all of the lies in Amanda Knox’s book) offers these notes.

QA Around 16:00 Meredith left in a hurry without saying where she was going. Amanda and I stayed home until about 17:30-18:00.

QA We left the house, we went into town, but I don’t remember what we did.

Really? Some alibi.

QA We stayed there from 18:00 until 20:30/21:00. At 21:00 I went home alone because Amanda told me that she was going to go to the pub Le Chic because she wanted to meet some friends.

QA At this point we said goodbye and I headed home while she headed towards the center.

In both books, you and Amanda claimed to have spent the evening together.

QA I went home alone, sat at the computer and rolled myself a spliff. Surely I had dinner but I don’t remember what I ate. Around 23:00 my father called at my home number 075.9660789. During that time I remember Amanda had not come back yet.

You don’t remember what you ate, yet both you and Amanda remember vividly the pipe leaking, although you contradict each other on if it happened before.

QA I browsed at my computer for another two hours after my father’s phone call and only stopped when Amanda came back presumably around 1:00.

A false claim: In both books, Knox and Sollecito admitted they turned the phones off

    (a) In Honor Bound, Sollecito says the phones were turned off so they could fool around undisturbed.
    (b) In Waiting to be Heard, Knox says she turned her phone off so Patrick couldn’t text back if he changed his mind about her working.
    (c) In the December 2007 questioning, Knox says she turned her phone off because it had a limited charge, and she didn’t want to drain it prior to the Gubbio trip.
    (d) In the trial, defence lawyers spent much time disputing that the phones were ever turned off.

A false claim: It was shown that the computers were not active.  Sollecito also claimed to be emailing many people.  Odd, as this would be a solid alibi ....

    (a) Not a single person came forward to say that they received anything from Raffaele.
    (b) Raffaele doesn’t name a single person that he emailed.
    (c) Not a single sent email was ever traced to his computer at that time period.

QA I don’t remember how she was dressed and if she was dressed the same way as when we said goodbye before dinner.

(Unless the police specifically asked him this), why would Raffy bring up Amanda’s clothes?  Were they blood soaked?

QA I don’t remember if we had sex that night.

You were a virgin until Amanda, and you don’t remember having sex?

QA The following morning around 10:00 we woke up, she told me she wanted to go home and take a shower and change clothes.

QA In fact at around 10:30 she went out and I went back to sleep. When she went out that morning to go to her house, Amanda also took an empty bag telling me she needed it for dirty clothes.

QA At around 11:30 she came back home and I remember she had changed clothes; she had her usual bag with her.

You remember the bag in clear detail, but not if you had sex?

In Knox’s statement (one of them), she says she doesn’t remember if she read or made love, but in WTBH, insists they slept together.

QA I remember we immediately went to the kitchen, we sat down and talked for a while, perhaps we had breakfast. In that circumstance Amanda told me that when she got to her house she found the entrance door wide open and some traces of blood in the small bathroom and she asked me if it sounded strange. I answered that it did and I also advised her to call her housemates. She said she had called Filomena but that Meredith was not answering.

Amanda asks you if finding blood is strange?

You immediately went into the kitchen and talked, but don’t remember having breakfast?

Funny, why not mention the mop?

QA As soon as we got there she opened the door with her keys, I went in and I noticed that Filomena’s door was wide open with some glass on the floor and her room was in a complete mess. The door to Amanda’s room was open and I noticed that it was tidy. Then I went towards Meredith’s door and saw that it was locked. Before this I looked to see if it was true what Amanda had told me about the blood in the bathroom and I noticed drops of blood in the sink, while on the mat there was something strange - a mixture of blood and water, while the rest of the bathroom was clean.

QA I went to the kitchen and saw that everything was in order, then went around the rest of the house, I went to Laura’s room and noticed it was tidy. In that moment Amanda went inside the big bathroom, next to the kitchen and came out frightened and hugging me tight telling me that earlier, when she took the shower, she had seen feces inside the toilet, while now the toilet was clean.

QA I just took a rapid glance at the bathroom trusting what Amanda had told me.

Is this normal in Italy for people to not flush smelly toilets, or just these two?

You noticed Filomena’s door was open and was a complete mess, but you didn’t notice the broken window coming in?

And at what point did you ‘‘realize’’ or ‘‘conclude’’ nothing had been taken?

You noticed blood in the sink, but on the bathmat, was it an ‘‘orange’’ like described in WTBH?  Or more like a footprint?

But in your recent Porta a Porta interview, did you not tell Bruno Vespa that Amanda didn’t even mention the blood?

QA At that point I was asking myself what could have happened and I went out to find Meredith’s window to see if I could climb to it. I went outside with Amanda and she tried to climb to it, I immediately stopped her telling her to not do it because it was dangerous. I then told Amanda that the best solution was to break down the door, I tried to kick it and shoulder it open but I didn’t manage to open it. Then I called my sister on her cellphone and asked her what I should do since she is a Carabinieri lieutenant. My sister told me to call the Carabinieri (112, the Italian emergency number), which I did, but in the meantime the Postal Police showed up.

This might have been plausible except for that ‘‘minor’’ detail, of Amanda telling the postal police Meredith locking her door was no big deal.

And that ‘‘minor’’ detail, that phone records show the call was made well after the Postal Police arrived.

QA In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies. I heard the first statements that she made to the Postal Police who intervened at the place.

QA She always carried a big bag that she also had the night of November 1st.

You are asked about inconsistencies in your alibi, and your immediate response is to say Amanda told you rubbish?

You told the police first that you were at a party with Amanda, then a story that you were together at your place.  Now you say it is rubbish, and you were on your computer (even though that was proven false).  At the Massei trial you stay silent, at the Hellmann appeal and your book tour you say you were together.  Later, at the July 2014 press conference, and February 2015 Porta a Porta interview you say Amanda was with you in the evening, but not the night.

You didn’t see the inconsistencies?  It is Amanda’s fault you keep changing your story?

In your book ‘‘Honor’’ Bound, you complain that if ‘’... we, [You or Amanda], deviated one iota from the version you broadly agreed on, it could mean a life sentence for both of you’‘.  Gee, nice proofreading job, Gumbel.

You tell the police that Amanda always carried a big bag?  Really ‘‘Honor Bound’’ aren’t we? That bag has never been found and Knox has never explained where it is. Knox might have carried a large knife in it, and bloody items the other way.  No wonder she ‘‘broke up with you’‘.

So, this is the first whack you’ll take at Amanda?  Let’s just hope she doesn’t retaliate by making up some story about you having ‘‘fish blood’’ on your hand.

Conclusions: I think this statement alone is enough to render most of his book total B.S, not that there isn’t a lot more to do so too.

 


Tuesday, May 06, 2014

Judge Nencini Issues Harsh Warning To Tell The Truth - So Amanda Knox Does The Precise Opposite

Posted by Our Main Posters




1. Substance Of The Nencini Explanatory Report

The Florence Court of Appeals released the Nencini Motivations Report in Florence one week ago today.

This report explains the rejection of Knox’s and Sollecito’s own first appeal against the Massei trial outcome of 2009. Four years were lost because the Hellmann court, which heard the first iteration of that appeal was bent as Cassation, the competent judge displaced, and now Judge Nencini have all concluded.

The Hellmann outcome of 2011 was mostly annulled, as in “ceased to exist”. The main findings and verdict have zero legal standing, and zero relevance to today’s process though (see below) Knox and Sollecito repeatedly try to ride that dead horse again.

Cassation confirmed Knox’s three-year prison sentence for framing Patrick (for which she has served the time). And Cassation referred the methods and recommendations of the Conti & Vecchiotti consultancy, which Cassation had hammered on legal grounds, to the Florence appeal court for the substance to be reviewed.

Our evidence and law experts here and in Italy have been looking at Judge Nencini’s 347 page report and find it hard-hitting and unequivocally blunt.

It will be extremely hard to appeal against within the very narrow limits Cassation allows. It removes all of Judge Massei’s ambiguities about motives, it reaffirms the witness statements of Curatolo and Quintavalle, and it judicially affirms the validity of the DNA and other forensic evidence against Knox and Sollecito.

There is overwhelming proof of the presence of all three perps, Knox, Sollecito and Guede, in the cottage that night.  Guede is considered to have been brought inside by Knox, who had the only key, and he could not possibly have broken in through Filomena Romanelli’s window in the manner asserted by their defense.

Especially troubling for the defense, the report hints at an illegal suborning of the independent forensic experts appointed by the Hellmann court, and it also hints that the two “supergrass” witnesses, the prisoners Aviello and Alessi, may have been illegally tampered with by Sollecito’s lawyer Giulia Bongiorno, as first claimed 30 months ago.

The report warns that criminal slander of justice officials and other contempts of court will be heavily leaned on.

So the report demolishes the last remnants of Judge Claudio Hellmann’s now annulled acquittal, and substitutes for its fatally flawed reasoning a tightly crafted report that confirms the convictions of Knox and Sollecito.

It confirms that they acted in concert with Guede as Cassation itself long ago concluded had to be the case, and it appears to close any possible argument against the verdict that will carry weight at the Supreme Court.

2. Amanda Knox’s Press-Release Statement In Response

Knox issued a seven paragraph statement later the same day. Maybe not the smartest bit of work.

It is riddled with factual inaccuracies and innuendo, is typically arrogant and condescending in tone, includes the trademark racial innuendos about Italians and the black guy in the case, and shows no signs in its compiling of competent legal help.

Here below we show the various ways in which Knox flouts Judge Nencini’s warning and attempts to mislead. None of what Knox stated was the truth.

Claim: The Hellmann Court Found Knox “Innocent”

I have stated from the beginning of this long ordeal that I am innocent of the accusations against me. I was found innocent by the only court in Italy that retained independent forensic experts to review my case. I want to state again today what I have said throughout this process: I am innocent of the accusation against me, and the recent motivation document does not ““ and cannot ““ change the fact of my innocence.

First even if she was provisionally released following the now-annulled appeal, Amanda Knox was never, repeat never, found innocent. Only Cassation can make that final ruling, and they strongly found against the lower court that had jumped the tracks midway-through.

Even Judge Hellman himself said after his verdict that ‘the truth might be otherwise’ and suggested any reasonable doubt as to guilt has not been categorically and legally dismissed. He seemed to divine that he had failed in his task of bending the outcome in a way that would stay bent.

Second the court that Knox thinks found her innocent no longer exists as a legal fact. It seems to endemically escape Knox that the Hellmann outcome was annulled. Annulled. As in: wiped off the books. It is surprising that even Curt Knox and Ted Simon and David Marriott, while admittedly themselves no masters of Italian law, cannot help Knox to grasp that simple fact. It weakens her to keep clinging to a myth.

One reason it was annulled (and the reasons were overwhelming, one of Italy’s most decisive annullments ever) was that both Cassation and Dr Nencini had good reason to suspect the Hellmann court had been corrupted and had deliberately departed from the evidence and the law. Knox needs to ask herself why the highly qualified Judge Chiari was pushed aside (and immediately resigned in anger) in favor of a wrongly-qualified business judge (who is now ignominiously retired).

Third, it needs to be grasped by Knox that the Conti/Vecchiotti consultancy, far from being legally right and acting independently (and scientifically), was suggested as illegal by Perugia’s chief prosecutor Dr Galati, as appeal judges are forbidden from appointing consultants at that stage. While Cassation passed in ruling on that one, the consultancy outcome was criticised as illogical and legally unsound by both Cassation and Judge Nencini, as biased, full of baseless innuendo about contamination, and possibly tampered with by an American academic hired by the defense.

Conclusion: none of what Knox stated was the truth.

Claim: Only Rudy Guede’s DNA Was Found

The recent motivation document does not ““ and cannot ““ change the forensic evidence: experts agreed that my DNA was not found anywhere in Meredith’s room, while the DNA of the actual murderer, Rudy Guede, was found throughout that room and on Meredith’s body. This forensic evidence directly refutes the multiple-assailant theory found in the new motivation document. This theory is not supported by any reliable forensic evidence.

The forensic evidence is not just the DNA on the knife or in the room. It also includes the extensive traces deposited by Knox in the rest of the crime scene (bathroom, corridor and Filomena’s bedroom), and it also includes all of the autopsy.

Meredith’s room itself was not comprehensively tested for DNA. The room was dusted only for fingerprints, as the investigators had to make a call on prints or DNA.

Guede’s DNA was not found “throughout that room” or all over Meredith’s body. Guede’s DNA was found only in one instance on Meredith’s body, on a part of Meredith’s bra, mixed with Meredith’s blood on a sweatshirt cuff and the purse, and on toilet paper in a bathroom.

Knox’s DNA was found mixed with the blood of Meredith in multiple places, the only known source for which was the pool of blood in Meredith’s bedroom:  multiple prints of Knox’s bare right foot in the hallway and in Knox’ bedroom, and at least five instances of mixed samples containing the DNA of both Meredith and Knox, including in the north bathroom and Filomena’s room, places where Guede did not go.

The court ruled that the blood and mixed DNA evidence found throughout the crime scene places her and Sollecito there at the time of the murder at the same time as Rudy Guede.

Though not DNA, there was one bloody shoe print in Meredith’s bedroom estimated to be Euro size 36-38, compatible with Knox size 37 and with no one else known of who could have left it there.

No fingerprints of anyone were found in the room, just a palmprint of Rudy Guede. Fingerprints were not found even on Knox’s own lamp, which she only confirmed grudgingly at trial was her own, and not found even in Knox’s own bedroom. Overwhelming sign of a cleanup? The courts all believed so.

Conclusion: none of what Knox stated was the truth.

Claim: The Knife As Murder Weapon Was Disproved

The forensic evidence also directly refutes the theory that the kitchen knife was the murder weapon: the court-appointed independent experts confirmed that neither Meredith’s blood nor her DNA was on the alleged murder weapon, which experts also agreed did not match the stab wounds or the bloody imprint of a knife on her pillow.

Judge Nencini’s finding is that two knives HAD to have been involved from both side of Meredith’s throat and the final blow was by a large knife the same size as the one in evidence.

Regarding the large knife, Knox rehashes the same arguments her defense made to no avail before the original trial court that found her guilty. We posted explaining the solid proof here and here.

The only DNA tests that matter with regard to the big knife are (1) the sound finding by Dr Stefanoni that Meredith’s DNA was on the blade - Knox is wrong, the independent experts did not refute that; (2) the sound findings by Dr Stefanoni and the Carabinieri lab that Knox’s DNA was on both the blade and the handle of the knife. None were overturned; contamination was ruled out; and the defense was left without a shot.

The Hellmann-appointed experts confirmed that the genetic profile found on the knife blade was the genetic profile of Meredith Kercher.  The TMB test did not confirm if it was blood, but defense experts were forced to concede that TMB erroneously fails to confirm that blood is present about half the times in assessing minute quantities.

The Hellmann-appointed experts tried to explain away the genetic profile as being the result of contamination, but were never able to identify any scenario by which a knife that had supposedly never left Sollecto’s kitchen contained biological material yielding a clear genetic profile of Meredith Kercher.

Accordingly the Appeals court has ruled the kitchen knife is in fact the one that was wielded by her to strike a final blow, and at the same time there was a second knife in the room used by Sollecito to torture Meredith.

London DNA expert Dr David Balding certified Raf’s DNA as being on the bra clasp. This proves by itself that Sollecito was there. Knox belatedly claimed she stayed at the Via Garibaldi apartment with Sollecito all evening and now and then Sollecito belatedly backs her up. But how could that be if the court has positives of his footprint on the bathroom rug and on the bra, showing he was over at Meredith’s cottage that night? Proof of him present equals proof of her.

The Hellmann-appointed experts were not charged with analyzing the stab wounds, or whether the imprint on a sheet was of a knife or of something else and the result of the fabric being folded - nor was this within their field of expertise.  Defense experts testifying on these issues were in conflict.

Conclusion: none of what Knox stated was the truth.

Claim: The Circumstantial Evidence Is “Unreliable”

In fact, in the prior proceeding in which I was found innocent, the court specifically concluded that the forensic evidence did not support my alleged participation in the crime and further found that the circumstantial evidence was both unreliable and contrary to a conclusion of guilt.

The recent motivation document does not ““ and cannot ““ change the fact that the forensic evidence still does not support my participation and the circumstantial evidence still remains unreliable and contrary to the conclusion of guilt.

Knox appeals to Hellmann’s ruling on the circumstantial evidence being unsound. But the Supreme Court, in annulling Hellmann, explained why it found his arguments illogical, and reminded the court of the standards by which circumstantial evidence must form a coherent whole. Judge Nencini in our opinion amply meets those standards in an elegantly argued report which will be hard to defeat at Rome’s Supreme Court.

Knox herself has proved the “unreliable” one, proven over and over again to be a liar who attests to her own bad memory in written statements, who talks of “dreams her mind made up”, who repeatedly goes vague.

We cannot rely on Knox’s recall of phoning mom, the timing of which moves and sometimes disappears. Knox claims she can’t remember where she was that night, she told a whopper of a lie on her boss, she can’t remember if the door to Filomena’s room was open or closed, she can’t remember her own lamp, she claims she rarely looks at a clock. On and on.

The strongest example of circumstantial evidence Knox can’t shake is the five spots of her DNA mixed with Meredith’s blood. Maybe 2 or 3 spots could be put down to unlucky chance, but five really removes reasonable doubt.

Conclusion: none of what Knox stated was the truth.

Claim: No “Legitimate” Motive Is Identified

And the recent motivation document does not ““ and cannot ““ identify any legitimate motive for my alleged involvement in this terrible crime. No fewer than three motives have been previously advanced by the prosecution and by the courts. Each of these theories was as unsupported as the purported motive found in the new motivation document, and each of these alleged motives was subsequently abandoned by the prosecution or the courts. Like the prior “motives”, the latest “motive” in the new motivation document is not supported by any credible evidence or logic. There is simply no basis in the record or otherwise for this latest theory.

“Proof” of motive is not required in any legal system in the world. The serial misleader Ted Simon should at least admit to that. The motives advanced were not withdrawn or abandoned by successive judges; they were fine-tuned chronologically only within very narrow limits. The sex hazing that went too far was weighted downward and pushed back, and a battle over theft of money was weighted upward and pushed forward.

The court found very compelling evidence that Knox committed the murder and led the pack. It postulates that Meredith and Amanda were incompatible with each other, and that Knox, Sollecito and Guede, high on drugs, first assaulted Meredith, restrained and abused her, and then murdered her with two knives.

Knox was known to be in serious rejection by those she encountered in Perugia for her sharp-elbowed brashness - growing rejection by her flatmates, her employer and the bar customers, and just about everyone she encountered except initially for Sollecito. But soon even he was being given a hard time and has semi-rejected Knox in return ever since. The first words of his 8 November 2007 statement to Judge Matteini were “I wish to not see Amanda ever again.”

And money was a huge looming problem which could have had her back in Seattle in weeks. Knox was known to want to head for China, and was known locally to have an expensive drug habit which had cut her savings in half. She really needed to hang on to that job at Patrick’s bar, especially as she had no work permit.

Sollecito’s bank balance was minimally topped up by his father each month. Francesco seemed to realise cocaine is an expensive habit and didnt want to see his son off down that slippery slope. So with Knox’s own habit, her remaining savings would have run out in weeks. How then to explain to Curt Knox that she really needed a whole lot more? He would have given her a very hard time before any more money flowed.

Conclusion: none of what Knox stated was the truth.

Claim: The Supreme Court Will Allow Another Full Appeal

I will now focus on pursuing an appeal before the Italian supreme court. I remain hopeful that the Italian courts will once again recognise my innocence. I want to thank once again, from the bottom of my heart, all of those””family, friends, and strangers””who have supported me and believe in my innocence.

Cassation wont “once again” recognise innocence. Knox should be encouraged to get real. So should her dummy followers - all her immediate circle know she was involved. There are no obvious grounds for Cassation to second-guess Judge Nencini, a very senior and very respected judge, considering the thoroughness of the Nencini Report. The disjointed series of statements on her blog arguing to the contrary look like the opinions of her friends and fans, not legal minds, and it is time she realizes they have feet of sand and no power to help.

Conclusion: none of what Knox stated was the truth.


Three lawyers and five others supplied the rebuttals for Amanda Knox’s false claims here and elsewhere, such as Knox’s email to Judge Nencini and her interviews on TV. Posts on those follow soon. Below: the careful way in which Italian media explain what Judge Nencini released.


Tuesday, April 29, 2014

Why Final RS & AK Appeal Against Guilty Verdict May Fail: Multiple Wounds = Multiple Attackers

Posted by Our Main Posters




Reports From Italy On Why AK & RS Appeal Failed

The Nencini Report has been released and we are seeing to its translation right now.

Meanwhile journalists in Italy have these reports which convey the very implacable, damning tone. There was nothing accidental about Meredith’s death; Knox premeditated it all along.

First report

From Il Messagero kindly translated by Miriam:.

FLORENCE -  The knife that was seized at Raffaele Sollecito house is the knife that killed Meredith Kercher, and the blow was delivered by Amanda Knox.  So writes the President of the Court of Appeal of Florence, Alessandro Nencini, in the motivation report of the sentence that was passed on Jan. 30th that saw Amanda Knox sentenced to 28 and a half years and Raffaele Sollecito to 25 years.

Over 330 pages in which the court covers the appeal and explains the conviction. Starting with the knife considered “not incompatible with the wound that was carried out on Meredith Kercher. “In the present case, writes Nencini what counts is the accessibility of the weapon by the accused, it’s concrete portability from house to house, it’s compatibility with the wound, and the presence of Meredith’s DNA on the blade. All of these elements ascertained by the court lead to the conclusion that the knifed evidenced as no. 36 was one of the knifes used in the attack, and was the knife that Knox used to strike the fatal blow to Meredith’s throat.”

The court retains to have sufficient evidence of “certain reliability” of Rudy Guede (convicted to 16 years) Amanda and Raffaele in the house where Mez was killed, on the night between the 1st and November 2, 2007 in 7 Via della Pergola “in the immediate phases following the murder.” The Court then tells how she was immobilized and Mez “was not able to put up some valid resistance because she was dominated by multiple assailants and cut at the same time with the blades of several knives.”

Rejected therefore is the defense’s strategy of both of the convicted, that have always maintained that the killer was only one.: the Ivorian Rudy Guede.

Second report

Bullet points from various Italian media.

  • The big knife from Sollecito’s house held by Amanda Knox caused the fatal wound to Meredith while the other was held by Raffaele Sollecito.

  • There is strong “multiple and consistent” evidence of all three in the house immediately following the murder.  All three worked to suppress Meredith.

  • There was an escalating quarrel between Knox and Meredith leading to a progressive aggression and murder with sexual components.

  • Between Amanda and Meredith there was no mutual sympathy and Meredith harbored serious reservations about the behavior of AK.

  • The biological trace found on the bra clasp that Meredith Kercher was wearing the night she was murdered was left by Raffaele Sollecito
Third report

No especially accurate reports in English have appeared yet and the erroneous “new trial” is still surfacing. Andrea Vogt tweets that she will be posting an analysis soon.

The mischievous defense-inspired “sex game gone wrong” and “satanic theory” mantras are still widely showing up in the duped media, but are nailed hopefully finally in this new report.

Judge Nencini has closely followed and endorsed the “from all angles” Massei trial analysis, but with the inclusion of some more credible explanations from Prosecutor Crini which Judge Micheli had also espoused back in 2008.

In particular, Rudy Guede is not now highly improbably seen as the one initiating the attack on Meredith, and sex was not at all the primary driving force for the attack (the prosecution never ever said it was). Knox carried the big knife from Sollecito’s for a purpose.

The bad blood between the girls resulting from Knox’s crude, brash, very lazy, drug-oriented behavior was well known in Meredith’s circle. All of them had backed away from her, as also had her employer and the patrons in his bar.

There was a probable theft of money by Knox who was unable to account for a sum similar to what Meredith would have stashed away for the rent and that is seen as the probable spark for the explosive argument and attack.

Fourth report

Barbie Nadeau in The Daily Beast

Amanda Knox apparently did not kill Meredith Kercher in a “sex game gone wrong,” as had been previously decided by a lower court in Perugia, according to a Florentine appellate judge who released today a 337-page document explaining his decision to convict Knox and her erstwhile Italian boyfriend, Raffaele Sollecito, for Kercher’s murder. Rather, the judge claims, Knox allegedly killed Kercher, her 21-year-old British roommate, because she didn’t like her.

All Italian courts require judges to explain the reasoning behind their rulings, and it likely represents the penultimate step in a seven-year case that has seen Knox and Sollecito first convicted in 2009 then acquitted in 2011 then convicted again in January 2014. Rudy Guede, an Ivory Coast native who was also convicted for his role in the murder back in 2008, is serving a 16-year jail sentence. He is currently eligible to apply for work furloughs from prison.

Judge Alessandro Nencini, along with a second judge and six lay jurors, were tasked with hearing a second appeal that began in September 2013 after Italy’s high court threw out the acquittal that set Knox and Sollecito free in 2011. Italy’s high court cited “inconsistencies” and “legal mistakes” and tasked Nencini’s court with hearing the appeal again. It was not a retrial per se, but rather a fresh look at the appeal process that freed Knox.

Nencini decided that the appellate court that set Knox free erred in evidentiary and legal matters. That court will now have to rule definitively on the case, using Nencini’s reasoning and whatever appeal Knox and Sollecito file for their final judgment. If the high court accepts Nencini’s verdicts, the two will be required to serve their prison sentences in Italy. Knox has vowed she will not return to Europe, but Sollecito, unless he escapes, won’t be as lucky.

The court’s explanation of its decision comes down hard on the first appellate court that overturned Knox’s guilty verdict, at times seemingly scolding them for misapplication of penal codes and for throwing out witness testimony without explanation. “It was an operation of evaluating evidence with using logic,” Nencini wrote, accusing the first appellate court of essentially throwing out testimony that allegedly proved Knox’s involvement, but keeping testimony that supposedly supported her innocence.

He used Knox’s prison diary as a prime example. “Look at the contradictions in the evaluation of the diary written in English by Amanda Knox,” he wrote, referring to a handwritten prison diary taken fromKnox’s cell as part of the investigation to determine why she accused her pub boss Patrick Lumumba of Kercher’s murder during early interrogations. “On one hand, the appellate court of Perugia completely devalued the writings when she admitted wrongdoing by accusing Patrick Lumumba. On the other side, they valued it when she defended herself.”

Nencini also ruled that there was plenty of forensic evidence tying Knox and Sollecito to the crime scene, writing “they left their tracks in the victim’s blood” more than once in the document. He accepted testimony that supported the theory that a knife found in Sollecito’s apartment was one of the primary murder weapons, and he reasoned that a second knife was also used that matched a blood stain left on Kercher’s mattress.

The first knife in question was the only hard evidence reexamined in the second appeal, and forensic experts ruled that a previously untested spot on the knife’s handle consisted of 100 percent Knox’s DNA. An earlier court heard testimony that a tiny smidgeon of DNA on the groove of the blade was Kercher’s, but the first appellate court agreed with witnesses who testified that the sample was too small to be considered a perfect match. The second appellate court not only considered the knife to be the murder weapon, it also ruled that Knox “plunged the knife into the left side of Kercher’s neck, causing the fatal wound.”

The second appellate court also reasoned that Kercher’s bra clasp, which had been cut from her body after she was killed, had Sollecito’s DNA on the tiny metal clasp. “The biological trace found on the bra clasp that Meredith Kercher was wearing when she was assassinated belonged to RaffaeleSollecito,” Nencini wrote, agreeing with the judge in the original murder conviction. “The clasp was manipulated by the accused on the night of the murder.”

The court also scoffed at certain rulings laid out by the first appellate court, saying that the court’s reasoning that it would have been easy for “a young athlete” like Rudy Guede to scale the wall and enter the apartment, was borderline racist.

Nencini also ruled that with regard to motive in the murder, it was subjective and personal. “It is not necessary for all the assailants to share the same motive.”

The court picked out small details of Knox’s presumably errant testimony, including how she told police the morning Kercher’s body was found that Kercher always locked her door “even when she takes a shower,” which was later contested by the girls’ other roommates.

Nencini also clearly believed ample forensic testimony, presented by experts examining the original autopsy, that Kercher was killed by more than one person. “”She was completely immobilized when she was murdered,” he said, reasoning that Guede could not have acted alone, and instead likely held her back as Sollecito and Knox knifed her.

The judge also pointed out incongruences in Knox’s testimony about the night of the murder, but noted problems with the other witnesses, which included a homeless man, an elderly woman who said she heard screams. Still, he ruled that Knox’s accusation of Lumumba is vital evidence against her. “It is impossible to separate the two acts,” he wrote.

Using Nencini’s reasoning, Knox’s lawyers now have the roadmap for planning their final appeal to Italy’s high court, likely later this year or in early 2015. However, this same high court threw out the acquittal in the first place, so Knox may need more than luck to walk free. If she is definitively convicted, she will likely face an extradition order to come back to Italy to serve out her sentence. There are very few legal loopholes that would allow an American citizen to escape a court decision by a country, like Italy, that shares extradition treaties with the U.S.



[Judge Massei at crime scene; report says why Knox & Sollecito appeal against his 2009 verdict has failed]




[The Supreme Court in Rome is expected later this year to confirm this outcome]


Monday, March 03, 2014

As Knox & Sollecito Try To Separate Themselves, Each Is Digging The Other In Deeper

Posted by willsavive




1. Sollecito Blabs Yet Again

One of an increasingly long list of “gotchas” for the prosecution, flowing from their tendencies to talk way, way too much. 

In a recent exclusive interview on an Italian TV news broadcast, Sollecito said he has several “unanswered questions” for his former girlfriend, Amanda Knox.

“You all know that the focus was only through Amanda to her behavior, to her peculiar behaviour, but whatever it is, I’m not guilty for it. “Why do they convict me? Why do put me on the corner and say that I’m guilty just because in their minds I have to be guilty because I was her boyfriend. It doesn’t make any sense to me.”

This adds yet another waiver to the many different explanations Sollecito provided over the years about the same details.

In their “official” story, in the part that remained consistent, Knox and Sollecito both claimed that Knox left his flat the morning after Kercher’s murder and returned home, where she noticed the door left wide open and witnessed blood spots in the bathroom.

Knox claimed that she found it odd and just assumed that one of her roommates was menstruating and left blood behind. She proceeded to take a shower and returned to Sollecito’s flat and ate breakfast.

2. Telling Narrative Change

“Certainly I asked her questions,” Sollecito explained in his latest interview. “Why did she take a shower? Why did she spend so much time there?” When asked what responses he had for these question Sollecito replied, “I don’t have answers.”

In the interview, Sollecito said Knox left his apartment to take a shower, then returned hours later looking “very agitated.”

Yet, in an interview with Kate Mansey on 4 November 2007 just two days after the murder, and two days prior to arrest, Sollecito said:

But when she went into the bathroom she saw spots of blood all over the bath and sink. That’s when she started getting really afraid and ran back to my place because she didn’t want to go into the house alone.


3. RS Differs Sharply From Knox

This is a far cry from what Knox said in her email also dated 4 November 2007 to friends and family, Knox wrote:

I returned to raffael’s place. after we had used the mop to clean up the kitchen i told raffael about what i had seen in the house over breakfast. the strange blood in the bathroom, the door wide open, the shit left in the toilet. he suggested i call one of my roommates, so I called filomena.” (6th paragraph).

The discrepancies between Knox’s version and Sollecito’s version is strikingly different.

  • Raffele claims Knox was visibly distraught when she returned and that this was the focus of discussion (i.e. being the first thing they discussed).

  • Knox claims that she did not even bring up the bizarre circumstances back at her apartment until “after” they finished mopping the kitchen floor.


4. My Analysis Of The Above

In his latest statement, Sollecito is clearly trying to distance himself from Knox, believing that there is far more evidence against her than against him. But:


  • Sollecito forgets to mention the bloody barefoot prints at Knox’s apartment, found to be in Kercher’s blood attributed to him.

  • Also the knife found in his apartment that scientists say was the murder weapon.

  • Also his DNA found on Meredith Kercher’s bra that was found in her room, even though Sollecito claims that he was never ever in that room.

  • Also his own strange behavior, which includes providing a false alibi (saying he and Knox were at a party with a friend on the night of the murder).

Also several conflicting other versions.

But what’s there to question if you [Raffaele] were with Knox the whole day and night of Meredith Kercher’s murder?

It appears as though Sollecito is alluding to the notion that he knows something far more than he is saying; yet, he is being very careful with his words””only providing us with a hint of this.

His latest statement is a clear attempt to distance himself from Knox.

5. Sollecito Freaks Out On Twitter


Sollecito appeared on Twitter recently, for what he claimed was to answer questions and clear his name.

He was very outspoken of his innocence and had no problem in his witty, sarcastic responses to those who questioned his innocence.

However, when I asked him about the Mansey interview he denied claiming that he was with Knox at a friend’s party on the night of the murder [huh?!].

Sollecito disappeared for a couple of days, came back to Twitter writing only in Italian, and ceased responding to any more questions.

Is it possible that Sollecito will turn on Knox altogether at some point when the pressure mounts over the next year? Guess we’ll have to wait and see”¦



Cross-posted from Savive’s Corner


Monday, February 03, 2014

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

Posted by Media Watcher



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

Vital media history in 2009

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

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

Please click here for more

Wednesday, January 29, 2014

Continuing Enormous Strength Of The Evidence Which Defenses Seem To Have Abysmally Failed To Shake

Posted by Our Main Posters



[Above Judge Massei at Meredith’s house with panel-of-judges members early 2009]


What this Florence appeal is REALLY about

There is much confusion on this, sowed by various at-distance commentators who don’t read the Italian press or the excellent English-language reporters right there on the spot.

This is NOT a re-trial. This is a FIRST appeal by Sollecito and Knox against the guilty verdicts and sentences Judge Massei awarded them late in 2009. It is being repeated since their defense teams helped to bend the first (Hellmann court) iteration of the first appeal two years ago.

Since the end of 2009 they have been provisionally guilty of murder and other crimes, subject to final ratification by the Supreme Court, which has not yet occurred. Judge Hellmann decided to let them out and travel worldwide. Many think his decision on this was legally weak.

Was there prime-face justification for this appeal?

Under US and UK law many lawyers and judges think the judicial process could have stopped right there in the US and UK, because the grounds for appeal the defenses came up with in 2010 were essentially innuendo about DNA and little else.

But the pro-defendant Italian system unlike almost any other in the world allows appeals if any are filed to automatically go forward. So the bent, stretched-out and illegally wide-scope Hellmann appeal of 2011 was the first result.

Appointed apparently in illegal circumstances to replace the highly-qualified Judge Chiari (the lead-judge for criminal appeals, who then resigned) Judge Hellmann was ill-qualified at best - he was not a criminal judge and had handled only one other murder trial before, which he got wrong.

The annulment of the first first-appeal

The Supreme Court very rarely completely annuls any trial or appeal. But in this case in March 2013 it did just that, on a large number of grounds.

The 2013-2014 Nencini appeal court in Florence starts with the early-2010 Massei report plus new guidelines from the Supreme Court. Nothing else floated since early 2010 counts.

This case seems to break all records ever for (1) defamatory and dishonest PR; (2) dirty tricks, many illegal, by the defense; (3) dishonesty by those accused in two defamatory books and multiple statements to the press; and (4) greed and blood money while the process still goes on.

Contempt of court trials and investigations have commenced to push back, Amanda Knox is particularly at risk because her book contains false accusations of crimes (again) and she defies the Supreme Court in not paying Mr Lumumba his damages though she destroyed his business. 

Suggested Reading: Part One

Sooner or later (no necessarily now) read all the must-read posts in this group here, all the open questions for Sollecito in this group here, and all the open questions for Amanda Knox in this group here.

1. Getting up to speed on the 2008 RS and AK charges

Our four-part summary of Judge Micheli’s report is the best thing to read (scroll down) especially Micheli’s argument that ONLY Knox had any reason to re-arrange the crime scene - she lived there and needed to point evidence away from herself.

Also read Amanda Knox’s and Raffaele Sollecito’s many mutually contradictory attempts to provide one alibi for both.

2. Getting up to speed on the 2009 RS and AK trial

The prosecution performed brilliantly and left the defenses despondent and out-classed (paving the way for more dirty tricks in 2010-13) and we were told that two defense lawyers nearly walked off.

To get a flavor of how badly the defenses did, read this post and this post on Knox’s absolutely disastrous stint on the stand. From there the defense portion of the trial really went downhill.

To get a flavor of how well the prosecution did read about the damning reconstruction (known about in all of Italy but not widely elsewhere) described here and here.

3. Getting up to speed on the Massei 2010 Report

The most vital read of all is the short-form version of the Massei Report by Skeptical Bystander and a team on PMF dot Org. If you have no time to read any posts, make sure to read that.

The other vital reads, not here but on the new “The Murder Of Meredith Kercher Wiki”, are the overview of the evidence and the chart of evidence synopsis.

We had a large number of posts starting in 2010 checking out whether in all details the Massei Report got it right. Read this first take.

4. Getting up to speed on the crime-scene scenario

Vital to understanding the Massei court’s crime-scene scenario which Prosecutor Crini espouses, wade through this excellent reconstruction of the crime in a long Powerpoint by our lawyer James Raper with the Powerpoint whizz Kermit.

About Part Two

The next part of our most-recommended reading from 2010 to 2014 will follow after the verdict to help correct the ill-informed debate over whether Knox goes back to jail.

It hardens the case and in our view leaves no holes for RS and AK to wiggle through. We will point the post to those arguments that anyone tries to raise.


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