Category: 15 Single alibi hoax

Friday, December 20, 2013

Multiple Provably False Claims About “Forced Confession” Really Big Problem For Dalla Vedova & Knox

Posted by FinnMacCool






The Breaking News

This post goes live just as the news breaks that it was Knox lawyer Carlo Dalla Vedova who filed these patently false claims against the justice system of Italy with the European Court.


1. “There would be no need for these theatrics.”

Amanda Knox has not been present for any part her latest appeal against her own murder conviction. Nevertheless, she has made two meretricious contributions to the proceedings.

First, on the day that the prosecution opened its presentation of the case against her, she announced that her lawyers had filed an appeal against her slander conviction to the European Court of Human Rights (ECHR). ECHR hears only allegations of human rights abuses, which must be reported within six months of the alleged incident (or within six months after all local avenues have been exhausted; in this case none has even been explored).

This out-of-date application to an inappropriate body in pursuit of a groundless allegation is therefore bound to fail.

Knox’s second publicity stunt came on the day that her own defense lawyers began their own presentation. She sent a five-page email in English and Italian, with grammatical mistakes in each language, protesting her innocence and affirming that the reason she is not present in the court is because she is afraid of it.

There are many comments that could be made about the email, but perhaps its most grievous legal error comes in the aside where she claims that the “subsequent memoriali (sic), for which I was wrongfully found guilty of slander, did not further accuse but rather recanted that false “˜confession’.”

That singular document does not recant her previous statements (“I stand by what I said last night”¦”), but does contain further accusations against Patrick Lumumba (“I see Patrik (sic) as the murderer”), as well as seeking to cast suspicion on Sollecito (“I noticed there was blood on Raffaele’s hand”) and an unnamed “other person”.

However, by claiming that she has been “wrongfully found guilty” on that charge of calunnia, she is refusing to recognize the legitimacy of the Italian Supreme Court, which has definitively found against her on that count, and also of the Hellmann appeal court (the only court to date that has not found her guilty of the main charge of murdering Meredith Kercher).

Dr Alessandro Crini presented the prosecution’s case on November 25th/26th. It was not a particularly theatrical performance, but rather a very long summary of the many items of evidence against Sollecito and Knox.

The most theatrical element of the case so far has been when one of the defendants insisted that the judge should read out five vacuous pages of her email immediately before her own lawyers presented their case on her behalf.

This gives a certain dramatic irony to Knox’s claim, “If the prosecution truly had a case against me, there would be no need for these theatrics”.

Such ironies appear to be lost on Knox, however, since she seems incapable of reading back over her own work for solecisms or contradictions. (In the email itself, for example, in consecutive sentences she writes: “I had no contact with Rudy Guede. Like many youth in Perugia I had once crossed paths with Rudy Guede.”)

One of the many errors she makes in the email is to put in writing some of the wild claims that she and/or her supporters have previously made regarding the witness interview she gave on the night of November 5th/6th 2007.

The purpose of the current post is to consider that interview in greater detail, using as source material primarily Knox’s memoir “Waiting to be heard” (2013) and Raffaele Sollecito’s memoir, “Honor Bound” (2013), abbreviated here to WTBH and HB respectively.



2. “When we got there they said I couldn’t come inside.”

Amanda Knox was not even supposed to be at the police station on the evening of November 5th, 2007. She should have been attending a candlelit vigil, in which Meredith Kercher’s friends, classmates and supportive well-wishers met at eight o’clock at Corso Vannucci to process through to the Duomo, carrying candles and photographs of the victim.

A friend of Meredith’s ““ a young Polish student ““ texted Amanda Knox to invite her to this vigil, but Knox had better things to do. (WTBH: 82) She accompanied Sollecito to his friend Riccardo’s house for a bite to eat (HB: 29) where she absent-mindedly strummed a ukulele. (WTBH:82)

Knox writes of the vigil: “I wanted to be there but”¦ the decision was made for me” because “Raffaele had somewhere else to be”. (WTBH: 82)

One consistent feature of her narrative is her refusal to accept responsibility for anything, including her failure to turn up for her murdered roommate’s vigil, but we should note also that the vigil (eight o’clock) and the dinner (nine o’clock) both take place within the timeframe of her supposed series of interrogations, which according to her email involved “over 50 hours in four days”.

By her own account, when she ignored the police’s request not to accompany Sollecito to the Questura and just came anyway, it was the first contact she had had with the police in well over 24 hours.

Let us consider what was happening in the early part of the evening of November 5th, 2007.

The police are at the station studying the evidence; Meredith’s friends are proceeding downtown with candles and photographs of the victim; and Knox is playing the ukulele at Riccardo’s house.

Far from taking part in a lengthy coercive interview, Amanda Knox had gone to her University classes as normal, had bumped into Patrick Lumumba, whom she would later accuse of Meredith’s murder, and had later skipped the vigil to have dinner with Sollecito. (WTBH:83)

Meanwhile, back at the Questura, the police could see that Raffaele Sollecito’s stories simply did not add up.

They therefore called Sollecito and asked him to come into the station for further questioning. They told him that the matter was urgent; that they wanted to talk to him alone; and that Amanda Knox should not accompany him. (HB: 29) 

Sollecito responded that he would prefer to finish eating first. (The same meal is used as an excuse for not attending the vigil at eight o’clock, and for delaying their response to the police request at around ten.) By his own account, Sollecito resented being ordered what to do by the police (HB: 29), and so he finished eating, they cleared the table together, and Amanda Knox then accompanied him to the station. (HB:30; WTBH: 83)

Naturally the police were both surprised and disappointed to see her. Their civilian interpreter, who had worked flat out through the weekend accompanying not only Amanda Knox but also the rest of Meredith’s English-speaking friends, had gone home. The only person they were planning to speak to that night was Sollecito, and even he was late. According to Knox, the police were not expecting their interview with Sollecito to take very long:

When we got there they said I couldn’t come inside, that I’d have to wait for Raffaele in the car. I begged them to change their minds. (WTBH: 83)

The police were not prepared for an interview with Amanda Knox. They had asked her not to come, and they tried to send her away when she got there. It was late on a Monday evening and there were no lawyers or interpreters hanging around on the off-chance that someone might walk into the police station and confess.

However, that’s what happened. And it is on that basis that Amanda Knox is now claiming that the interview which she herself instigated was improperly presented by the police:

I was interrogated as a suspect, but told I was a witness. (Knox email, December 15, 2013)

But she wasn’t a suspect. In fact, she wasn’t even supposed to be there.



3. “Who’s Patrick?”

We will now examine Knox’s claim that “the police were the ones who first brought forth Patrick’s name” (Knox blog, November 25th, 2013).

She has already admitted in court that this is not true. In fact, it is clear from her own book that the police did not even know who Patrick Lumumba was, at that point.

If they had suspected him or anybody else, they would have brought them in for questioning, just as they had already questioned everyone else they thought might be able to throw some light on the case.

The police plan that evening was to question Sollecito in order to establish once and for all what his story was. They would perhaps have brought Knox back the following day (together with the interpreter) to see how far Knox’s story matched Sollecito’s. In the event, their plan was disrupted first because Sollecito delayed coming in, and second because when he finally arrived, he had brought Knox with him.

“Did the police know I’d show up,” Knox asks rhetorically, “or were they purposefully separating Raffaele and me?” (WTBH: 83) She does not offer a solution to this conundrum, but the answer is (b), as the patient reader will have noticed.

She thus turned up to the police station despite being expressly asked not to come. The police asked her to wait in the car and she refused, complaining that she was afraid of the dark. They allowed her inside.

Today, she might complain that she “was denied legal counsel” (Knox email, December 15th 2013) as she entered the Questura, but there was absolutely no reason for a lawyer to be present, since by her own account, all the police were asking her to do is go home.

Knox did not go home. According to WTBH, while Sollecito is in the interview room, she sits by the elevator, doing grammar exercises, phones her roommates about where to live next, talks to “a silver-haired police officer” about any men who may have visited the house (she claims to have first mentioned Rudy Guede at this point, identifying him by description rather than name) and does some yoga-style exercises including cartwheels, touching her toes and the splits.

It is at this point ““ somewhere between 1130 and midnight ““ that Officer Rita Ficarra invites Knox to come into the office so that they can put on record Knox’s list of all the men she could think of who might have visited the house.

Knox takes several pages (WTBH 83-90) to explain how she went from doing the splits to making her false accusation against Patrick Lumumba. Like much of her writing, these pages are confused and self-contradictory.

One reason for the confusion is that Knox is making two false accusations against the police, but these accusations cannot co-exist. First, she attempts to demonstrate that the police made her give the name of Patrick Lumumba. Second, she wants us to believe that Officer Ficarra struck her on the head twice.

This is denied by all the other witnesses in the room, and Knox did not mention it in her latest story about applying to ECHR. In her memoriale (WTBH: 97), she claims she was hit because she could not remember a fact correctly.

But in her account of the interview (WTBH: 88), Knox explains that Ficarra hit her because, the fourth time she was asked, “Who’s Patrick?”, she was slow in replying, “He’s my boss.” This is the exact opposite of not remembering a fact correctly. Knox is so keen to make both false charges against the police stick that she fails to notice that one contradicts the other.

Knox at least provides us with two fixed times that allow us to verify the start and finish times of the formal interview. It began at 1230, when Anna Donnino arrived to interpret, and ended at 0145 when Knox signed her witness statement.

Bearing in mind that this statement would have needed to be typed up and printed before she signed it, the interview thus took little over an hour, and was not the “prolonged period in the middle of the night” that her recent blog post pretends. (We might also remember that Knox’s regular shift at Le Chic was from 9 pm to 1 am, meaning that the interview began during her normal working hours.) (WTBH:31)

WTBH also flatly contradicts Knox’s own claim that her accusation of Lumumba was coerced by the police.

According to her own account, she first mentions her boss (although not by name) in the less formal conversation, before the interpreter’s arrival, telling the police : “I got a text message from my boss telling me I didn’t have to work that night.” (WTBH: 84)

The police appear to pay no attention to the remark (which undermines Knox’s argument that the police were pressing her to name Lumumba) but instead keep questioning her on the timings and details of what she did on the night of the murder. And Knox finds those details difficult either to recall or to invent.

Donnino arrives at half past midnight, and the formal interview begins.

Again, the focus is on the timings of Amanda Knox’s movements on the night of the murder, and again she is having difficulty remembering or inventing them. Ficarra picks up Knox’s cell phones and observes: “You texted Patrick. Who’s Patrick?” and Knox answers, “My boss at Le Chic.” (WTBH: 86)

There is a short discussion about this text message, and then a second police officer asks her: “Who’s Patrick? What’s he like?” This time Knox answers: “He’s about this tall… with braids.” They then continue to discuss the text message, and then the police ask her a third time, “Who’s this person? Who’s Patrick?” Knox again replies: “Patrick is my boss.” (WTBH: 87)

Donnino then makes the intervention about how traumatic events can sometimes affect memory. Such events certainly seem to have an effect on the memory of the police, because one of them asks Knox a fourth time: “Who’s Patrick?” At this point, Knox claims in her memoir that Ficarra struck her on the head. (WTBH: 87)

This is nothing to do with failing to remember a fact correctly, because the fact is correct: Patrick Lumumba is indeed her boss.

The police continue to believe that she is hiding something, and they ask her who she is protecting. After a few minutes of questioning along those lines, Knox has an epiphany in which she claims that the face of Patrick Lumumba appeared before her and she gasps: “Patrick ““ it’s Patrick.”

If we believe one of Knox’s other stories, that the police were cunningly trying to get her to name Patrick Lumumba, we might expect them to be quite pleased to have succeeded at this point. But according to Knox, their response is to ask her a fifth time, “Who’s Patrick?” The whole room must have wanted to chorus at this point, “He’s her boss!”, but according to Knox, it is she herself who simply repeats: “He’s my boss.”



4. “I was also hit in the head when I didn’t remember a fact correctly”¦”

Shortly after lunch on Tuesday November 6th, Knox wrote a piece of paper (known as her “memoriale”) in which she makes her first accusation that the police hit her. She hands this memoriale to Rita Ficarra, the very person she would later name as doing the hitting. We have noted above that in her account of the interview, the context Knox provides for this alleged blow is as follows:



This singularly repetitive catechism is supposed to have taken place at around one o’clock in the morning.

However, writing the following afternoon, Knox describes the event like this:

Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly. I understand that the police are under a lot of stress, so I understand the treatment I received. (WTBH: 97)

This makes no sense as a reflection on the interview as she has earlier described it. In her version of the interview, she claims that the police kept asking her the same simple question, to which she keeps replying with the same factual answer, and the blows to the head take place in the middle of all that. Yet in her “memoriale”, she claims that the blow was because she could not remember a fact correctly.

In case two mutually contradictory accounts of that false allegation are not enough, Knox also provides a couple more explanations for why she was hit. Her third bogus claim is that the police said they hit her to get her attention, which makes for a dramatic opening to Chapter 10 of WTBH:

Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped.

I was turning around to yell, “Stop!”””my mouth halfway open””but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted.

Stunned, I cried out, “Why are you hitting me?”  “To get your attention,” she said. (WTBH: 80)

This is a direct allegation against a named police officer, and not surprisingly it has resulted in another libel charge against Amanda Knox. It is a strong piece of writing, too: on its own, isolated from context, it reads like a trailer for the movie version. The trouble is, that when Knox later tries to set it in context, it makes no more sense than “because I didn’t remember a fact correctly” as an explanation as for why the blow came.

They pushed my cell phone, with the message to Patrick, in my face and screamed,

“You’re lying. You sent a message to Patrick. Who’s Patrick?”

That’s when Ficarra slapped me on my head.

“Why are you hitting me?” I cried.

“To get your attention,” she said.

“I’m trying to help,” I said. “I’m trying to help, I’m desperately trying to help.” (WTBH: 88)

This makes no sense. They already have Knox’s attention, and she is having no difficulty giving them a factual response to their repeated question, “Who’s Patrick?”

It is difficult to explain any logical motivation for that slap in terms of any of the three suggestions Knox has made so far: (1) because she couldn’t remember a fact correctly; (2) because she failed to answer the repeated question “Who’s Patrick?” quickly enough; or (3) to get her attention. She’d got the fact right, she’d answered the question, and they already had her attention.

Knox then provides us with a fourth version of possible reasons for the alleged slap. She describes the following encounter between herself and Rita Ficarra on their way to lunch at around two o’clock on Tuesday afternoon:

With my sneakers confiscated, I trailed [Ficarra] down the stairs wearing only my socks. She turned and said, “Sorry I hit you. I was just trying to help you remember the truth.” (WTBH: 94)

Once again, this makes no sense in the context of a blow to the head while waiting for a reply to the question, “Who’s Patrick?” It is perfectly true that Patrick Lumumba was Amanda Knox’s boss, and she had already correctly answered the same question twice, by her own account.

These are the four main WTBH versions of how Amanda Knox was struck on the head by Rita Ficarra. Perhaps she hopes that readers will choose the one they like best and will ignore its discrepancies with the others.

When testifying in court, however, Knox provided three further versions of the same alleged incident.

First, when asked to explain why she had stated in her witness account that Meredith Kercher had had sex before she died, Knox answered that the police had suggested this to her and that they hit her to make her says so in her statement (Knox testimony, June 12 2009).

Second, a few minutes later during the same testimony, she claimed that the police hit her twice before she gave the name of Patrick, to make her give a name she could not give. (WTBH: 227-8; Knox testimony, June 12 2009)

Third, later still, she tells her own lawyer that the police were screaming at her “You don’t remember”, she was struck from behind, and when she turned around she was struck again. (WTBH:227; Knox testimony, June 12 2009)

These are seven different stories Knox has told about how she was hit during her interview. Even her most generous supporters would have to admit that at least six of them must be false. Everyone else in the room at the time has testified that it did not happen.

When Knox published her fantasy claim about appealing to ECHR last month, she neglected to mention that she was hit. This essentially confirms what has been obvious for some time: Rita Ficarra did not hit Amanda Knox during the interview.

Nobody did. All seven stories are false. 



5. “She was screaming in Italian, “˜Aiuto! Aiuto!’”

However, Sollecito provides an ear-witness account of Knox’s traumatic interview, claiming that he could hear her shouting from where he was being interviewed in a nearby room. Here’s his version:

Then came a sound that chilled my bones: Amanda’s voice, yowling for help in the next room. She was screaming in Italian, “Aiuto! Aiuto!” I asked what was going on, and Moscatelli told me there was nothing to worry about. But that was absurd. I could hear police officers yelling, and Amanda sobbing and crying out another three or four times. (HB:33)

If Sollecito’s aim here is to invent a story even more ridiculous than Knox’s, he has succeeded.

For one thing, it does not match any of Knox’s seven stories about how her interview went. But even on its own terms, Sollecito’s story makes no sense. If we imagine for a moment an Italian witness or suspect being interrogated in Italian by Italian officers in an Italian police station, what possible motivation could such a woman have for shouting “Aiuto!”? Who could she be hoping might conceivably respond to her call?

How much more absurd, then, to suppose that an American woman accompanied by an interpreter would shout “Aiuto!” when by her own account she was trying to help the police with their inquiries at that point.

Perhaps Sollecito wants us to believe that Knox was offering to help the police with their inquiries, and Donnino was loudly translating it to “Aiuto!” at this point. Or perhaps, as is often the case with Sollecito, he has given so little thought to his lies that he has not made the slightest effort to make them believable.

There are other occasions when Sollecito is cavalier with the credibility of his explanations for the evidence against him. For example, when confronted with evidence that the victim’s DNA is on his kitchen knife, he suddenly remembers an occasion when he accidentally pricked her while cooking.

(Astonishingly, he repeats this absurd fiction on page 49 of Honor Bound, although he shifts the pricking to Via della Pergola and makes it a knife local to there, since it is obvious that the victim had never visited his own apartment.)

Or again, on being confronted with the (incorrect) evidence that his shoeprints have been found at the scene of the crime, he speculates to Judge Matteini that someone might have stolen his shoes and committed the murder in them. (HB:42)

Even today, Sollecito is currently making a public appeal for funds for his defense, pleading financial hardship, while taking lengthy vacations in the Caribbean, with photographs of his tropical lifestyle appearing in Oggi.

In his book, Sollecito also decides to make a claim of his own that the police struck him:

One of my interrogators opened the door noisily at one point, walked over, and slapped me. “Your father is a fine upstanding person,” he said. “He doesn’t even deserve a son like you, someone who would stand by a whore like Amanda.” (HB:36)

This is actually one of his more plausible stories. He has not named the officer, and he has created an incident to which there are no witnesses; he gives the impression that he was alone in the interview room when this officer came in.

Of course, he has made no formal complaint about this, nor has he mentioned it before publishing it in his book, nor has he named the officer or given any clue as to his identity. Nevertheless, these details simply stand in contrast to Knox’s libelous allegation, in which she named the officer, gives several contradictory accounts of how the blow occurred, and there are several witnesses all of whom deny that any such blow took place.



6. “Maybe a cappuccino would help.”

Finally, it seems only fair to speak up for Anna Donnino, the much-maligned interpreter who was given the task of accompanying Knox as she made her slanderous accusation of Patrick Lumumba.

Knox describes her arrival at the station like this:

The interpreter sat down behind me. She was irritated and impatient, as if I were the one who had rousted her from bed in the middle of the night. (WTBH:86)

While someone else must have done the rousting, by Knox’s own account it is indeed her fault that Donnino was called into the police station that night. Knox was the only English-speaker present, and she had ignored the police’s request that she stay home while they interviewed Sollecito.

Although Donnino must have had every right to feel irritable and impatient, Knox gives little evidence of it in her transcript of the interview. On the contrary, Donnino patiently volunteers an explanation that might attribute Knox’s self-contradictory stories to trauma and stress rather than deliberate lying.

Amanda Knox has often repeated her assertion that police called her a liar during that interview. For example, in the movie-trailer-type excerpt at the beginning of Chapter Ten, she writes:

They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!” (WTBH:80)

However, in the more detailed version that she gives on pages 83-90, she does not mention a single police officer calling her a liar. Only once do the police even ask her “Why are you lying?” (WTBH:88) The only person to call Knox a liar, in her account, is Anna Donnino, in the following passage:

“In English, “˜see you later’ means good-bye. It doesn’t mean we’re going to see each other now. It means see you eventually.”

In my beginner’s Italian, I had had no idea that I’d used the wrong phrase in my text to Patrick””the one that means you’re going to see someone. I’d merely translated it literally from the English.

The interpreter balked: “You’re a liar.” (WTBH:87)

The verb “balked” makes no sense here, and so let us charitably call it a printer’s error for “barked”. However, that is the only instance of Knox being called a liar her entire remembered account of the interview.

It seems that she is so reluctant to admit to having said anything that her readers might think sounds like a lie that she forgets this gives the police no context for calling her a liar. This in turn means that the only “lie” she can be accused of is her demotic interpretation of the English phrase “see you later”, in which she presents herself as correct and Anna Donnino getting it wrong.

Ironically, Anna Donnino’s next intervention, for which there are several witnesses including Amanda Knox herself, is clearly intended to suggest that failing to remember the details of a traumatic event properly may NOT be an indication of lying, but instead may be the result of the stress of the trauma:

The interpreter offered a solution, “Once, when I had an accident, I didn’t remember it. I had a broken leg and it was traumatizing and I woke up afterward and didn’t remember it. Maybe you just don’t remember. Maybe that’s why you can’t remember times really well.”

For a moment, she sounded almost kind. (WTBH:88)

“Kind” is a key word for Amanda Knox, and she continually judges people by whether they are kind to her. On this occasion, she is quite right: Anna Donnino does sound kind and helpful in volunteering this intervention. It is not a kindness that Knox would repay, however. On the contrary, in her later account of the trial, she is scathing of prosecutor Mignini’s description of Donnino as “very sweet”:

As for my interrogation at the questura, Mignini described the interpreter”” the woman who had called me “a stupid liar” and had told me to “stop lying”””as “very sweet.” “I remember that evening how she behaved toward Amanda,” he said. (WTBH:244)

Knox has evidently forgotten that she has failed to mention anybody at all calling her a “stupid liar” during the interview, or that anybody told her to “stop lying”. Even her claim that Donnino called a liar over a translation error is illogical and is out of keeping with Donnino’s subsequent intervention.

Knox has also forgotten that the only other mention she makes of Donnino at the questura is in the following passage, from the day before the interview. While Knox is going over the events of the night of the murder in her mind, she reports: 

“”¦the interpreter walked by, looked at me, and said, “˜Oh my God, are you okay?... You’re pale”¦ Maybe a cappuccino would help. Come with me.” (WTBH: 76-77)

Once again, Knox unwittingly provides evidence that supports Mignini’s description of Anna Donnino, and undermines her own. Once again, she unwittingly provides evidence that her human rights were perfectly safe at Perugia police station.



7. “What does this say about my memory?”

The accounts of all three defendants in this case are so obviously fictitious that the subject should no longer be open for discussion. Any level of reasonable doubt that might have been acceptable to the Hellman appeal court has been removed not only by the Italian Supreme Court but even more so by the self-penned accounts published by Knox and Sollecito themselves.

Their bizarre and delusional writings will appear incredible to any objective reader who troubles to read them. The physical evidence against them - the DNA, the footprints, the knife, the faked burglary, and so on - only serves to confirm the most likely explanation for their wildly unbelievable stories - namely that they are lying to cover up their involvement in a brutal murder.

Given that his own account was patently fictitious, Guede has been fairly well advised to opt for a fast track trial which offers a reduced sentence and an abbreviated process. (Better advice might have been to plead guilty, but that is for him to choose.)

As a result, he will be eligible for parole relatively soon, even as the longwinded trials of Knox and Sollecito grind toward their conclusions. Whether or not it is right and fair for Guede to be given that parole is a separate question that will be considered in due course - even his expressions of remorse sound false and are undermined by his continuing refusal to give a plausible and honest account of what happened that night.

However justice systems all over the world are obliged to balance the rights of victims against the rights of defendants, with resultant compromises that are often uneasy and unsatisfying. Victims’ families may want the truth, but the perpetrators don’t always want to tell it.

The situation for Knox and Sollecito is different because their preposterous stories have been shored up by a coterie of supporters who in the long run have done the two defendants no favors whatsoever.

The pair have chosen the full trial process which may have postponed the final decision for several years, but which is also likely to result in much lengthier prison sentences.

It is too late now for Knox and Sollecito to opt for a fast track process, and everyone, no matter how ill-informed, can surely agree at least that the path they have chosen has been painfully slow and longwinded.

But there were many other options that, although previously open to them, have now been closed down by their supporters’ stubborn insistence that the case against them was first concocted by a vindictive prosecutor who took an early dislike to them and was subsequently supported by a vast conspiratorial network of police, judges, journalists, shopkeepers, students, friends and relatives of the victim, and so on.

This conspiracy theory is not only daft, but it provides no help at all for the two people at its core whose words and actions remain delusional and psychotic.

Amanda Knox wrote in her memoriale,  “Is the evidence proving my pressance [sic] at the time and place of the crime reliable? If so, what does this say about my memory? Is it reliable?”(WTBH 98-9). These words are a clear cry for help.

Whether or not this cry was genuine, or was simply a cunning attempt to diminish punishment, is a matter that could and should have been determined at the time by a qualified psychiatrist. Instead, Knox was provided with a set of lawyers and a PR firm both of whom were set the task of claiming and proving their client’s innocence.

Her false allegation against an innocent man was then explained as resulting from a coercive police process - another ludicrous claim, contradicted by all the available evidence, including the self contradictory accounts published by the defendants themselves.

Knox and Sollecito are damaged individuals whose grip on reality is loose and whose delusional ramblings suggest that they need urgent psychiatric help. Instead, their fantasies have been cocooned by highly vocal supporters who have enabled the fantasists to maintain a series of fictions that, in the final analysis, will almost certainly fail to stand up to legal scrutiny.


Tuesday, December 17, 2013

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

Posted by The TJMK Main Posters



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

Long Form Reports

Website of Andrea Vogt

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

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

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

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

3. Tweets from La Nazione

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Tweets from Freelance Andrea Vogt

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

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

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

1. Email from Amanda Knox

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

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

Attn: Honorable Court of Appeals of Florence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I did not carry around Rafael’s kitchen knife.

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

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

I had no Contact with Rudy Guide.

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

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

I am not a psychopath.

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

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

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

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

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

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

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

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

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

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

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

in faith,

Amanda Marie Knox


Monday, December 16, 2013

Appeal Session #6: Case For Knox’s & Sollecito’s Guilt - The Civil Parties

Posted by The TJMK Main Posters



[Above, today: Dr Maresca, the Florence lawyer who speaks for the victim, arrives at the court]

7. Court resumes tomorrow

Court will resume at 9:30 am Italy time with the first of the summations for the defenses. When they conclude, probably in January, the prosecution will have a chance of rebuttal.

6. Reporting in English

Andrea Vogt has posted a detailed report from the court at The Freelance Desk, Scroll down to the heading “Update Dec 1t 2013”

5. Reporting in Italian #3

Report by Gazetta del Sud

Amanda Knox and Raffaele Sollecito, accused in the murder of British student Meredith Kercher, were in the grip of a “murderous rage” fuelled by illegal drugs and alcohol, a lawyer for the victim’s family said Monday. Knox, Sollecito and a third person definitively convicted of the crime, Rudy Guede, had “no inhibitions” because of the drugs and alcohol they ingested before murdering Kercher in November 2007, charged Vieri Fabiani.

Only later did the “fear take over” and led to false explanations including a simulated break-in and robbery, and a false accusation against a bar owner in Perugia, where the murder occurred, added Fabiani. A Florence court is trying the case against Knox and Sollecito, who have been on trial twice before for the murder of Kercher. Both have said they are not guilty of the accusations.

Guede was convicted in a fast-track trial and is serving a 16-year sentence in the murder, but Italy’s top appeal court said it was unlikely he acted alone. Knox, who is in the United States and has not returned for this trial, and Sollecito each served two years in prison after a lower court convicted them of murder in 2009. An appeal court overturned those convictions in 2011 and in March, Italy’s highest court sent the case back to the appeals stage over aspects of the evidence it argued had not been properly examined before.

The supreme court ruled that the initial forensic evidence had been wrongly dismissed in the acquittal and a prosecution theory about a sex game that went wrong should be re-examined. Kercher, 21, was found dead on the floor of an apartment she shared with Knox on November 2, 2007. Guede’s DNA was found inside Kercher, on her clothes, and elsewhere in the apartment.

Fabiani said that a motive for the murder was “irrelevant” because the crime was committed while the trio were abusing substances. An Italian prosecutor has requested a 26-year prison term for Knox and Sollecito for the murder, plus a further four years for Knox for allegedly slandering bar owner Patrick Lumumba, whom she initially implicated during tough police questioning before later retracting, saying she had been confused.

The new trial opened in Florence in September, and a decision is expected on January 10.

Translation by The 411

4. Reporting in Italian #2

Report by Umbria24

For the Kercher family it is “intolerable” that Amanda Knox on her website is issuing “invitations to collect donations in memory of Meredith” declared Dr Francesco Maresca, the lawyer for the parents and siblings of Mez, speaking in the Assize Court of Appeal of Florence, where judicial process continues for the murder of the young British student Meredith Kercher, which occurred in Perugia on the night of November 1, 2007 .

Dr Maresca asked the Court “to forget the opposing sides and all that is foreign to the process”, meaning the media coverage of the controversy being generated in the U.S. in the legal defense of Knox, as they should also “forget the statements made in court a few weeks ago by Raffaele Sollecito, who is now returned to a “vacation” in Santo Domingo”

Dr Maresca also pointed the finger at Knox for her book, for which she signed “contracts in the millions” and also retains “a person to handle public relations”. Finally, he invited the Court to also forget “those journalists who are inspired by the freedom of delirium and not the freedom of the press.”

Many elements confirm the original verdict. “We have no doubts about the guilt of the accused - there are so many elements to confirm the sentence”.

The family of Meredith Kercher, said the lawyer, will be in Florence on the day of the judgment of the appeal for the murder of the young British student by the defendants Amanda Knox and Raffaele Sollecito .

This was a heinous crime committed knowingly. “We ask the Court for truth and justice for a heinous crime committed with precise awareness and desire” said the lawyer Vieri Fabiani, one of the lawyers of the Kercher family… “The defendants Amanda Knox and Raffaele Sollecito and Rudy Guede, in the process of killing Meredith Kercher, were “excited and a murderous rage was triggered” because, with the drugs and alcohol taken ” their minds were free of inhibitions”.

Fabiani focused in particular on Rudy Guede also convicted for the murder of Meredith, recalling that the judgment was delivered after the first degree trial in Perugia [in October 2008]. And on the verdict against Guede, Fabiani stated that he was sentenced in collusion with another two who “accidentally” have been identified as Sollecito and Knox, whose responsibility and presence on the scene of the crime are well documented.

Fabiani called Sollecito and Knox persons of “high criminal capacity” who have created the picture of a crime without serious motive.  Then after the murder “fear, terror, took over and they set out to simulate a theft, frame Patrick Lumumba, to mystify, however clumsily, to banish from their minds the crime they committed.”

Fabiani argued that the presence of two defendants in the house on Via della Pergola that evening, and their willingness toward murder, were strongly demonstrated.

“The motive becomes irrelevant,” even if it can be identified “in the issues between Amanda and Meredith, which evolved into a sort of punishment of the victim, in an escalation”.

3. Reporting in Italian #1

Report by Blitzquotidiano

Amanda Knox, Raffaele Sollecito and Rudy Guede were ” excitedly and this unleashed their homicidal rage ” that tragic night between the first and November 2 of 2007. Vieri Fabiani, one of the lawyers of the Kercher family, during the appeal session in Florence about the murder of Meredith Kercher .

Because of drugs and alcohol their minds were “devoid of inhibitions ,” argued the lawyer, according to whom the defendants should be considered ” persons of a high criminal capacity .” After the murder, fear took over, then they get to simulate a theft, to accuse Lumumba, to mystify to banish from their minds the crime they committed.”

The lawyer explained that the presence of the two defendants at the crime scene and their willingness to commit murder was strongly demonstrated. “The motive becomes almost irrelevant, even though important elements can be identified” in the problems existing between Amanda and Meredith, which “evolved into a sort of punishment of the victim in an escalation”.

For the Kercher family it is “intolerable that Amanda Knox on her website makes invitations to collect donations in memory of Meredith” added the lawyer Maresca. He invited the Court ” to forget the opposing sides and all that is foreign to the process.” The court should “forget” the statements made in court a few weeks ago by ” Raffaele Sollecito who has returned to “a vacation” in Santo Domingo

Avv Maresca also pointed the finger at Amanda and her book thanks to which she ” has signed contracts making her a millionaire.”

2. Tweets from La Nazione

10. Amanda knows the mode of the crime because she was present

9. Motive is irrelevant, the presence of the accused at the scene of the crime is proven

8. Amanda and Raffaele in the grip of the excitement and this triggered the murderous rage

7. It is not sustainable that Rudy Guede is the only murderer

6. The lack of motive is irrelevant, there is evidence of homicidal intent

5. The ruling of the Supreme Court crushed the acquittal of appeal

4. Amanda knew the mode of the murder

3. On the knife found at Sollecito’s house there was the DNA of the victim

2. Contamination of the bra clasp is false (invented)

1. Meredith proceedings: hearing begins. Lawyer Vieri Adriani for the victim family to speak first

1. Tweets from Freelance Andrea Vogt

5. Courtroom nearly empty for closing args of lawyer representing meredith kercher family. Not much interest in their quiet suffering.

4. Maresca: “While we’re here in trial, Sollecito in Santo Domingo & Knox in US taking online donations for victim she’s accused of killing.”

3. Kercher attny Serena Perna: Meredith’s many wounds in many places (from bare hands,from knife, yet not defensive) = multiple attackers.

2. Kercher attny: Motive, or lack thereof, is absolutely irrelevant.1000 different problems could have led to fatal escalation of violence.

1. Right now lawyers for the civil parties (specifically Kercher family) giving closing arguments. Defense is to follow.



[Below: two images in the courtroom from previous sessions]






Friday, December 06, 2013

After 6 Years Heavey Is Still Heedless Of His Errors Pointed Out Again & Again & Again

Posted by pat az




1. Overview of this post

Michael Heavey has a considerable record of interventions that seriously mislead.

He makes false claim after false claim after false claim. Often corrected, he heedlessly gravitates no closer to the truth.

This post corrects a misleading and dishonest letter from Heavey to President Obama copied to Congress of 16 May 2011.

1 Misleading interventions in 2008

During this year Heavey (then still a judge, though one who was merely elected - nothing compared to the rigorous process Italian judges must go through) sent three erroneous open letters (posted on the web and widely copied) to senior justice officials in Italy about the case.

TJMK posted on the errors in December 2008.

2 Misleading interventions in 2009

By way of interviews in the media, Heavey continued his campaign. He has claimed that his motives really are noble: in effect, Knox could have been his own daughter, though his daughter has distanced herself from this campaign.

3 Misleading interventions in 2010

One of the 2008 letters to Italy was sent on official judicial letterhead, as if he was speaking for the State of Washington. In 2010 the Washington State Commission on Judicial Conduct disciplined Heavey although it was only for an illegal use of the official letterhead, not for wrong claims.

The initial announcement was posted on here. The details of the charges were posted on here. The disciplinary penalty was posted on here.

4 Misleading interventions in 2011

In April 2011, one month prior to his misleading letter,  Heavey was a droning presence on a panel before an audience of 35 at Seattle University. His familiar talking points were again repeated.

It is cross-posted from my own website here.  Links to previous posts about Heavey on TJMK for the period 2008 to 2011 appear at the bottom of this post.

2. The 16 May 2011 letter to President & Congress

On May 16, 2011, Judge Heavey (now retired) apparently sent US President Barack Obama a letter regarding the Amanda Knox case. 

This document was retrieved from the King5.com news site under a search result for “Amanda Knox.” The subject of Judge Heavey’s letter was “Re: Failure of Rome Consular Officials to protect the rights of U.S. Citizen Amanda Knox.”

The new Heavey letter was written on letterhead “From the chambers of Judge Michael Heavey.” The address given is his house address.






The Judge charged that the State Department absolutely failed to look out for the rights of Amanda Knox. Nowhere in the letter does Judge Heavey actually address any of the evidence in the case.

Ten times in his letter, he charges consular officials failed to take action when they should have.

However, many of his points are false or misstate the events. In many instances, Judge Heavey is proven wrong by statements from Amanda Knox herself.

This letter, full of errors, was carbon copied to Members of Congress AND the Secretary of State (at the time, Hillary Clinton).

These mistakes would have known at the time Judge Heavey wrote his letter by using the interviews and documents available at that time.  This did not stop Judge Heavey from writing an error-laden letter to the President and Congress. These errors are detailed below.

Additional signatories to the letter (on letterhead from “from the chambers of Judge Michael Heavey”) include Friends of Amanda representative Thomas L. Wright, and author of “The Framing of Amanda Knox” Dr. Mark C. Waterrbury.






Judge Heavey had been admonished for using court resources and stationary as a part of his advocacy in the Amanda Knox case, as well as his public speeches while he was a sitting judge. 

The admonishment only covered the letters written to Italian court officials and prosecutors, using court stationary and court staff. The letter he apparently sent to Obama and congress was not included in the admonishment.

The following is a point by point review and rebuttal of the by-now admonished Judge Heavey’s Letter to President Obama and Congress

1. False brutal interrogation claims

The letter opens up with a summary of the argument- that this case was a prosecutor’s vendetta against Amanda Knox, and that her rights were violated, and Consular officials did nothing. The letter is arranged as a series of points, which are discussed below.

Judge Heavey writes: “Amanda Knox was arrested for the murder of her roommate after an all-night interrogation [...]. The Perugian Police denied her food and water, cuffed her on the back of the head, and, most importantly, prevented her from sleeping.”

However, Amanda Knox was not the one called into the station. Raffaele was; and they went right after having dinner!

A UK based paper had published the day before an article with quotes from Raffaele. Raffaele said he and Amanda went to a party on the night of the murder. Police were likely calling in Raffaele due to the conflicting stories.

Amanda’s “interrogation” didn’t start until at least 11pm. Police have testified she was offered food and water. She went to sleep after signing her second statement, at 5:45 am. There was a break between signing her first statement at 1:45 am and signing her second statement (after being warned by Dr Mignini to say nothing further without a lawyer) at 5:45 am.

Here is Amanda Knox:

“Around 10:30pm or 11pm Raffaele and I arrived at the police station after eating dinner at the apartment of one of Raffaele’s friends. It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times.” -Amanda Knox, letter to lawyers, 9 Nov 2007

“I signed my second “spontaneous declaration” at 5:45 AM [...]. I asked permissions to push two metal folding chairs together, balled myself into the fetal position, and passed out, spent. I probably didn’t sleep longer than an hour before doubt pricked me awake”¦ “  -Amanda Knox, Waiting to be Heard

To this day, Raffaele Sollecito has not corroborated Amanda Knox’s alibi in court.

2. False no-lawyer claim

Judge Heavey writes: “When a witness becomes a suspect, the police are obligated to appoint a lawyer”

Knox was not a suspect and the interview was merely a recap/summary session with someone who might have information as the defenses themselves agreed. Knox herself twice declined a lawyer before insisting on writing three statements out.

Prosecutor Mignini was interviewed by CNN ten days before Judge Heavey wrote his letter. In the interview, Mignini describes the questioning of Amanda:

“And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda” -

Prosecutor Mignini, CNN interview, May 6 2011 (Ten days prior to Judge Heavey’s letter)

Thus, it was known on national television in the US what the sequence of events was. This did not stop Judge Heavey from writing an error-laden letter to congress.

3. False no-recording claim

Judge Heavey writes: “Article 141 of the CCP requires that every interrogation of a person in custody (for any reason) must be fully recorded by audio or audiovisual means”

However, Amanda Knox was not in custody during her questioning on Nov 5th & 6th. She was not a suspect, and this was not a suspect interview. She merely eagerly listed seven names. She was only at the station because Raffaele was called:

“It was Raffaele who the police called, not me, but I came with him to the Questura anyway while he was to be questioned for support, as he had done for me many times. “

-Amanda Knox, Letter to Lawyers, 8 Nov 2007

4. False no-interpreter claim

Judge Heavey writes: “Amanda spoke little Italian, yet was not allowed to have an interpreter to assist her with understanding the questions put to her, the charges against her, or anything else.”

Two sources refute Judge Heavey’s point- official court records of the questioning, and Amanda Knox’s own statement on trial and in her book:

From Court documents

“...assisted by the English-speaking interpreter Anna Donnino” -Signed 1:45 AM statement.

“....assisted by the English-speaking interpreter Anna Donnino” -Signed 5:45 AM statement.

And from Amanda Knox:

November 2nd: “”¦they brought in an english-speaking detective for hours two through six.”  -Waiting to be Heard

November 4th: “AK: So, it seems to me that Laura and Filomena were there, but they had arrived with other people, while I was in the car with the police and an interpreter, that’s it.” -Trial Testimony

November 5th/6th: “The interpreter, a woman in her forties, arrived at about 12:30 A.M.” -Waiting to be heard

5. False vengeful prosecutor claim

Judge Heavey simply engages in a character assassination of Prosecutor Mignini:

“[...] Mignini was well known in Italy for a bizarre theory [...] under investigation for abuse of office [...] previously driven American journalist, Douglas Preston out of Italy[...]”

Judge Heavey, Dr. Waterbury, and FOA representative Thomas Wright conclude point five with:

“Consular officials knew Mr. Mignini was prosecuting Amanda Knox. They knew he had been charged with abusing his office. They knew of the bizarre theory that he pursued, from which the charges arose. They also knew he was under tremendous pressure to achieve some vindication to save face. Why did consular officials do nothing?”

The trumped-up charges against Prosecutor Mignini pursued by a rogue prosecutor ad rogue judge in Florence were overturned by the Florence appeal court and sacthingly roasted by the Supreme Court. Dr Mignini (now Deputy Attorney General for Umbria) was under no pressure at all. See this post here.

6. False satanic myth claim

Heavey and others raise the satanic ritual myth quoting Prosecutor Mignini as stating at the October preliminary hearing, “the crime was a sexual and sacrificial ritual in accordance with the rites of Halloween.”

The ONLY source for this quote is a defense lawyer for Sollecito who made it up. Judge Heavey then turns around and uses this metaphor himself:

“these and other statements should have shouted to consular officials that Amanda was a defendant in what had become a witch trial, being prosecuted by a delusional prosecutor. Why did consular officials do nothing?”

7. False US Embassy claim

Despite Heavey’s claims, US consular officials WERE monitoring the case, as revealed in FOI-released documents requested by journalist Andrea Vogt. She released these documents in a May 2013 post on her website.

This is clear: consular officials regularly visited Knox and tracked case developments. The following diplomats’ names appear on the cables: Ambassador Ronald Spogli, Deputy Chief   Elizabeth Dibble and Ambassador David Thorne, U.S. Embassy Rome.







The US Embassy cables that were released were dated: Nov, 07; Dec 08; Feb 09; May 09; Aug 09; Nov 09; Dec 09. No other documents were released.

Consular staff visited Amanda Knox on November 12 2007, and noted her lawyers had already visited with Knox.  The charges against Amanda Knox as stated by the US Embassy were:

  * Participation in Voluntary Manslaughter with aggravating circumstances of cruelty
  * Participation in sexual assault
  * Simulated robbery
  * Slander
  * Possession of weapons
  * Aggravated theft.

Over four years from late 2007 to late 2011 we estimate that the US taxpayer paid $400,000 for the Embassy’s monitoring of Knox.


Saturday, November 30, 2013

Note For Strasbourg Court & State Department: Knox Herself Proves She Lies About Her Interrogation

Posted by James Raper





In our previous post Kermit nicely shows how, under the European Court of Human Rights’ own guidelines, Amanda Knox’s “appeal” won’t put her out of reach of the fair and painstaking Italians. 

If any of the busy, hard-pressed ECHR investigators do choose to press beyond the ECHR guidelines, they will almost instantly establish that in her voluntary interview on 5 November 2007 Knox was treated with complete fairness.

Also that her false accusation of Patrick (which she never retracted) was entirely of her own doing.

And also that she is not only trying to throw sand into the wheels of Italian justice during an ongoing judicial process (a felony in Italy) but she is trying to welsh out of paying Patrick his damages award of $100,000 (a contempt of the Supreme Court) thus foolishly risking two more charges of aggravated calunnia.

This post derives from a post of mine last May. In another post, we showed that Dr Mignini was not present for the interrogation that night, and Knox maliciously invented an illegal interrogation at risk of a third aggravated calunnia charge.

In fact Dr Mignini met with Amanda Knox only briefly, later, to charge her and to warn she should say no more without a lawyer. He asked her no questions.

I will compare the various accounts of the interrogation to demonstrate that Amanda Knox is indeed lying to the ECHR, just as she did repeatedly in her book this year and also on US and European television.

  • There are two main bodies of truth about the interrogation: (1) all of those present at various times on that night and (2) Knox’s own testimony on the witness stand in mid 2009.

  • There are two main bodies of lies about the interrogation (1) The Sollecito book and (2) the Knox book, which by the way not only contradict one another but also contradict such other accounts as those of Saul Kassin and John Douglas.

The police had called her boyfriend Raffaele Sollecito in to the station for questioning and Knox had accompanied him because she did not want to be alone. They had already eaten at the house of a friend of Sollecito’s.

Knox’s interrogation was not tape recorded and in that sense we have no truly independent account of what transpired. The police, including the interpreter, gave evidence at her trial, but we do not yet have transcripts for that evidence other than that of the interpreter. There are accounts in books that have been written about the case but these tend to differ in the detail. The police and the interpreter maintain that she was treated well. Apart from the evidence of the interpreter all we have is what Knox says happened, and our sources for this are transcripts of her trial evidence and what she wrote in her book. I shall deal with the evidence of the interpreter towards the end of this article.

I am going to compare what she said at trial with what she wrote in her book but also there was a letter she wrote on the 9th and a recording of a meeting with her mother on the 10th November which are relevant.. What she wrote in her book is fairly extensive and contains much dialogue. She has a prodigious memory for detail now which was almost entirely lacking before.  I am going to tell you to treat what she says in her book with extreme caution because she has already been found out for, well let us say, her creative writing if not outright distortion of facts. I shall paraphrase rather than quote most of it but a few direct quotes are necessary.

Knox arrived with Sollecito at the police station at about 10.30 pm (according to John Follain). The police started to question Sollecito at 10.40 pm (Follain).

In her book Knox describes being taken from the waiting area to a formal interview room in which she had already spent some time earlier. It is unclear when that formal questioning began. Probably getting on for about 11.30pm because she also refers to some questions being asked of her in the waiting room following which she did some stretches and splits. She then describes how she was questioned about the events over a period from about the time she and Sollecito left the cottage to about 9 pm on the 1st November.

Possibly there was a short break. She describes being exhausted and confused. The interpreter, Knox says, arrived at about 12.30 am. Until then she had been conversing with the police in Italian.

Almost immediately on the questioning resuming -

“Monica Napoleoni, who had been so abrupt with me about the poop and the mop at the villa, opened the door. “Raffaele says you left his apartment on Thursday night,” she said almost gleefully. “He says that you asked him to lie for you. He’s taken away your alibi.””

Knox describes how she was dumfounded and devastated by this news. She cannot believe that he would say that when they had been together all night. She feels all her reserves of energy draining away. Then -

“Where did you go? Who did you text?” Ficarra asked, sneering at me.

“I don’t remember texting anyone.”

They grabbed my cell phone up off the desk and scrolled quickly through its history.

“You need to stop lying. You texted Patrick. Who’s Patrick?”

“My boss at Le Chic.”

Stop right there.

How were the police able to name the recipient of the text? The text Patrick had sent her had already been deleted from Knox’s mobile phone by Knox herself and Knox hasn’t yet named Patrick. In fact she couldn’t remember texting anyone.

It is of course probable that the police already had a log of her calls and possibly had already traced and identified the owner of the receiving number for her text, though the last step would have been fast work.

In her trial testimony Knox did a lot of “the police suggested this and suggestd that” though it is never crystal clear whether she is accusing the police of having suggested his name. But she is doing it here in her book and of course the Knox groupies have always maintained that it was the police who suggested his name to her.

The following extract from her trial testimony should clear things up. GCM is Judge Giancarlo Massei.

GCM: In this message, was there the name of the person it was meant for?

AK: No, it was the message I wrote to my boss. The one that said “Va bene. Ci vediamo piu tardi. Buona serata.”

GCM: But it could have been a message to anyone. Could you see from the message to whom it was written?

AK: Actually, I don’t know if that information is in the telephone”¦”¦”¦”¦”¦”¦”¦..

GCM : But they didn’t literally say it was him!

AK : No. They didn’t say it was him, but they said “We know who it is, we know who it is. You were with him, you met him.”

GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?”

AK : Well, first I started to cry…....

And having implied that it was the police who suggested Patrick’s name to her, she adds”¦.. that quote again -

“You need to stop lying. You texted Patrick. Who’s Patrick?”

“My boss at Le Chic.”

Here she is telling the Perugian cops straight out exactly to whom the text was sent. “My boss at Le Chic”.

But that does not quite gel with her trial testimony -

And they told me that I knew, and that I didn’t want to tell. And that I didn’t want to tell because I didn’t remember or because I was a stupid liar. Then they kept on about this message, that they were literally shoving in my face saying “Look what a stupid liar you are, you don’t even remember this!”

At first, I didn’t even remember writing that message. But there was this interpreter next to me who kept saying “Maybe you don’t remember, maybe you don’t remember, but try,” and other people were saying “Try, try, try to remember that you met someone, and I was there hearing “Remember, remember, remember…..

Doesn’t the above quote make it clear that the police were having considerable trouble getting Knox to tell them to whom her text message was sent? It would also explain their growing frustration with her.

But perhaps the above quote relates not to whom the text was sent but, that having been ascertained, whether Knox met up with that person later? Knox has a habit of conflating the two issues. However there is also the following quote from her trial testimony -

Well there were lots of people who were asking me questions, but the person who had started talking with me was a policewoman with long hair, chestnut brown hair, but I don’t know her. Then in the circle of people who were around me, certain people asked me questions, for example there was a man holding my telephone, and who was literally shoving the telephone into my face, shouting “Look at this telephone! Who is this? Who did you want to meet?”

Then there were others, for instance this woman who was leading, was the same person who at one point was standing behind me, because they kept moving, they were really surrounding me and on top of me. I was on a chair, then the interpreter was also sitting on a chair, and everyone else was standing around me, so I didn’t see who gave me the first blow because it was someone behind me, but then I turned around and saw that woman and she gave me another blow to the head.

The woman with the long hair, chestnut brown hair, Knox identifies in her book as Ficarra. Ficarra is the policewoman who started the questioning particularly, as Knox has confirmed, about the texted message. “Look at this telephone! Who is this? Who did you want to meet?” Again, surely this is to get Knox to identify the recipient of the text, not about whether she met up with him?






In the book though, it is all different.

In the book, the police having told her that the text is to someone called Patrick, Knox is a model of co-operation as, having already told them that he is her boss at Le Chic, she then gives a description of him and answers their questions as to whether he knew Meredith, whether he liked her etc. No reluctance to co-operate, no memory difficulties here.

Notwithstanding this, her book says the questions and insinuations keep raining down on her. The police insist that she had left Sollecito’s to meet up with - and again the police name him - Patrick.

“Who did you meet up with? Who are you protecting? Why are you lying? Who’s this person? Who’s Patrick?”

Remember again, according to her trial testimony the police did not mention Patrick’s name and Knox still hasn’t mentioned his name. But wait, she does in the next line -

“I said “Patrick is my boss.””

So now, at any rate, the police have a positive ID from Knox regarding the text message and something to work with. Patrick - boss - Le Chic.

Knox then refers to the differing interpretations as to what “See you later” meant and denies that she had ever met up with Patrick that evening. She recalls the interpreter suggesting that she was traumatized and suffering from amnesia.

The police continue to try to draw an admission from Knox that she had met up with Patrick that evening - which again she repeatedly denies. And why shouldn’t she? After all, she denies that she’s suffering from amnesia, or that there is a problem with her memory. The only problem is that Sollecito had said she had gone out but that does not mean she had met with Patrick.

Knox then writes, oddly, as it is completely out of sequence considering the above -

“They pushed my cell phone, with the message to Patrick, in my face and screamed,

“You’re lying. You sent a message to Patrick. Who’s Patrick?”

That’s when Ficarra slapped me on my head.”

A couple of blows (more like cuffs) to the head (denied by the police) is mentioned in her trial testimony but more likely, if this incident ever happened, it would have been earlier when she was struggling to remember the text and to whom it had been sent. Indeed that’s clear from the context of the above quotes.

And this, from her trial testimony -

Remember, remember, remember, and then there was this person behind me who—it’s not that she actually really physically hurt me, but she frightened me.”

In the CNN TV interview with Chris Cuomo, Knox was asked if there was anything she regretted.

Knox replied that she regretted the way this interrogation had gone, that she wished she had been aware of her rights and had stood up to the police questioning better.

Well actually, according to the account in her book, she appears to have stood up to the police questioning with a marked degree of resilience and self- certainty, and with no amnesia. There is little of her trademark “being confused”. 

So why the sudden collapse? And it was a sudden collapse.

Given the trial and book accounts Knox would have us think that she was frightened, that it was due to exhaustion and the persistent and bullying tone of the questioning, mixed with threats that she would spend time in prison for failing to co-operate. She also states that -

(a) she was having a bad period and was not being allowed to attend to this, and

(b) the police told her that they had “hard evidence” that she was involved in the murder.

Knox has given us a number of accounts as to what was actually happening when this occurred.

In a letter she wrote on the 9th November she says that suddenly all the police officers left the room but one, who told her she was in serious trouble and that she should name the murderer. At this point Knox says that she asked to see the texted message again and then an image of Patrick came to mind. All she could think about was Patrick and so she named him (as the murderer).

During a recorded meeting with her mother in Capanne Prison on the 10th November she relates essentially the same story.

In her book there is sort of the same story but significantly without mention of the other officers having left the room nor mention of her having asked to see the texted message again.

If the first two accounts are correct then at least the sense of oppression from the room being crowded and questions being fired at her had lifted.

Then this is from her book -

In that instant, I snapped. I truly thought I remembered having met somebody. I didn’t understand what was happening to me. I didn’t understand that I was about to implicate the wrong person. I didn’t understand what was at stake. I didn’t think I was making it up. My mind put together incoherent images. The image that came to me was Patrick’s face.  I gasped. I said his name. “Patrick””it’s Patrick.

It’s her account, of course, but this “Patrick - It’s Patrick” makes no sense at this stage of it unless it’s an admission not just that she had met up with Patrick but that he was at the cottage and involved in Meredith’s death.

And this is from her trial testimony -

GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?

AK : Well, first I started to cry. And all the policemen, together, started saying to me, you have to tell us why, what happened? They wanted all these details that I couldn’t tell them, because in the end, what happened was this: when I said the name of Patrick I suddenly started imagining a kind of scene, but always using this idea: images that didn’t agree, that maybe could give some kind of explanation of the situation.

There is a clear difference between these two quotes.

The one from her book suggests that she was trying hard but that the police had virtually brought her to the verge of a mental breakdown.

Her trial testimony says something else; that a scene and an idea was forming in her mind brought on by her naming of Patrick.

In her book she states that a statement, typed up in Italian, was shoved under her nose and she was told to sign it. The statement was timed at 1.45 am. The statement was not long but would probably have taken about twenty minutes to prepare and type.

The statement according to Knox -

... I met Patrick immediately at the basketball court in Piazza Grimana and we went to the house together. I do not remember if Meredith was there or came shortly afterward. I have a hard time remembering those moments but Patrick had sex with Meredith, with whom he was infatuated, but I cannot remember clearly whether he threatened Meredith first. I remember confusedly that he killed her.

The fact that the statement was in Italian is not important. Knox could read Italian perfectly well. However she does insinuate in the book that the details in the statement were suggested to her and that she didn’t bother to read the statement before signing.

Apart from what has been mentioned above, there are some other points and inferences to be drawn from the above analysis.

    1.  Knox’s account destroys one of Sollecito’s main tenets in his book Honour Bound. Sollecito maintains that he did nothing to damage Knox’s alibi until he signed a statement, forced on him at 3:30 am and containing the damaging admission that Knox had gone out. But Knox makes it clear that she had heard from the Head of the Murder Squad that he had made that damaging admission, at or shortly after 12.30 am. Or is Knox is accusing Napoleoni of a bare-faced lie?

    2.  It is valid to ask why Knox would not want to remember to whom the text had been sent. Who can see into her mind? Perhaps Knox realized that discussion of it would confirm that if she had indeed gone out then it was not to Le Chic, where she was not required. However even if she thought that could put her in the frame it’s not what an innocent person would be too worried about. Perhaps she did just have difficulty remembering?

    3.  If there was no fuss and she did remember and tell the police that the text was to Patrick, and the questioning then moved on to whether she met up with Patrick later that evening, what was the problem with that? She knew the fact that she hadn’t met up with him could be verified by Patrick. She could have said that and stuck to it. The next move for the police would have been to question Patrick. They would not have had grounds to arrest him.

    4.  Knox stated in her memorial, and re-iterates it in her book, that during her interrogation the police told her that they had hard evidence that she was involved in Meredith’s murder. She does not expand on what this evidence is, perhaps because the police did not actually tell her. However, wasn’t she the least bit curious, particularly if she was innocent? What was she thinking it might be?

    5.  I can sympathise with any interviewee suffering a bad period, if that’s true. However the really testy period of the interview/interrogation starts with the arrival of the interpreter, notification of Sollecito’s withdrawal of her alibi and the questioning with regard to the text to Patrick, all occurring at around 12.30 am.  There has to be some critical point when she concedes, whether to the police or in her own mind,  that she’d met “Patrick”, after which there was the questioning as to what had happened next. Say that additional questioning took 20 minutes. Then there would be a break whilst the statement is prepared and typed up. So the difficult period for Knox, from about 12.30 am to that critical point, looks more like about 35 to, at the outside, 50 minutes.

    6.  Even if, for that period, it is true that she was subjected to repeated and bullying questions, and threats, then she held up remarkably well as I have noted from her own account. It does not explain any form of mental breakdown, let alone implicating Patrick in murder. In particular, if Knox’s letter of the 9th and the recording of her meeting with her mother on the 10th are to believed, that alleged barrage of questions had stopped when she implicated Patrick.  An explanation, for what it’s worth, might be that she had simply ceased to care any longer despite the consequences. But why?

    7.  A better and more credible explanation is that an idea had indeed formed suddenly in her mind. She would use the revelation about the text to Patrick and the consequent police line of questioning to bring the questioning to an end and divert suspicion from her true involvement in the murder of Meredith Kercher. She envisaged that she would be seen by the police as a helpless witness/victim, not a suspect in a murder investigation. As indeed was the case initially.  She expected, I am sure, to be released, so that she could get Sollecito’s story straight once again. If that had happened there would of course remain the problem of her having involved Patrick, but I dare say she thought that she could simply smooth that over - that it would not be a big deal once he had confirmed that there had been no meeting and that he had not been at the cottage, as the evidence was bound to confirm.

At the beginning I said that we also have a transcript now of the evidence of the interpreter, Anna Donnino. I will summarise the main points from her evidence but it will be apparent immediately that she contradicts much of what Knox and her supporters claim to have happened.

Donnino told the court that she had 22 years experience working as a translator for the police in Perugia. She was at home when she received a call from the police that her services were required and she arrived at the police station at just before 12.30 am, just as Knox said. She found Knox with Inspector Ficarra. There was also another police officer there whose first name was Ivano. At some stage Ficarra left the room and then returned and there was also another officer by the name of Zugarina who came in. Donnino remained with Knox at all times

The following points emerge from her testimony :-

    1. Three police officers do not amount to the “lots of people” referred to in Knox’s trial testimony, let alone the dozens and the “tag teams” of which her supporters speak.

    2. She makes no mention of Napoleoni and denied that anyone had entered the room to state that Sollecito had broken Knox’s alibi. (This is not to exclude that this may have happened before Donnino arrived)

    3. She states that Knox was perfectly calm but there came a point when Knox was being asked how come she had not gone to work that she was shown her own text message (to Patrick). Knox had an emotional   shock, put her hands to her ears and started rolling her head and saying “It’s him! It’s him! It’s him!”

    4. She denied that Knox had been maltreated or that she had been hit at all or called a liar.

    5. She stated that the officer called Ivano had been particularly comforting to Knox, holding her hand occasionally.

    6. She stated that prior to the 1.45 am statement being presented to Knox she was asked if she wanted a lawyer but Knox said no.

    7. She stated that she had read the statement over to Knox in english and Knox herself had checked the italian original having asked for clarification of specific wording.

    7. She confirmed that that she had told Knox about an accident which she’d had (a leg fracture) and that she had suffered amnesia about the accident itself. She had thought Knox was suffering something similar. She had also spoken to Knox about her own daughters because she thought it was necessary to establish a rapport and trust between the two of them.

The account in Knox’s book is in some ways quite compelling but only if it is not compared against her trial testimony, let alone the Interpreter’s testimony:  that is, up to the point when she implicates Patrick in murder. At that point no amount of whitewash works. The Italian Supreme Court also thought so, upholding Knox’s calunnia conviction, with the addition of aggravating circumstances.




Wednesday, November 27, 2013

Amanda Knox Lies Again To Get Herself Into Another European Court “But Really, Judge, Its Only PR”

Posted by Kermit



[Amanda Knox’s lawyer Luciano Ghirga (right): “Amanda wasn’t hit, we made no complaint”]

Introduction

This is the first of two posts on Knox’s claim to have sent an appeal to the Strasbourg-based European Court of Human Rights (ECHR).

Last Monday the main event that followers of the Meredith Kercher murder case were awaiting was the closing argument by Prosecutor Alessandro Crini in Amanda Knox’s and Raffaele Sollecito’s appeal trial.

Dr Crini’s structuring of the prosecution’s case in 16 points demolished the defendants’ efforts to present the volume of evidence against them as an incredible, long series of mistakes, coincidences and misunderstandings.

It seems, however, that Amanda Knox and her people didn’t want the public to be too fascinated by Dr Crini’s devastating argument.  They really wanted them to be distracted by what can only be seen as an ill-judged public relations move, breaking yet more laws along the way.

Knox attempted to blow smoke over the prosecution’s arguments by grandly announcing “today, my lawyers filed an appeal of my slander[sic] conviction with the European Court of Human Rights.”  That explanation of her PR ploy calls for a close review of her eligibility (here) and her so-called proof (next post).

Knox’s eligibility or otherwise

The European Court of Human Rights, is a supranational European tribunal dedicated to ““ as its name suggests - human rights.

It is not dedicated to criminal or civil proceedings on murder, sexual assault, theft, simulation of a crime, or any of the other charges that Knox faces.

In fact, to avoid the many unnecessary or spurious applications which hamper real cases getting attended to, the ECHR provides a number of online resources on who may apply and how and why.

One of the first issues that its advice underlines is that it is not a glorified appeals court:





It is strange then, that Amanda Knox claims that her lawyers have “appealed” her case to the ECHR.

Either Knox’s legal advisors are just ignorant (which ones? The Italian professionals, or the American media hacks?) or this is simply a last-ditch Hail Mary action as an extradition request moves inexorably closer.

If the ECHR makes clear that it isn’t a court of appeal, there shouldn’t be any direct correlation between the Supreme Court confirming her as a convicted criminal and her application to the ECHR.

If that is in fact the basis of their application, it will not go far before rejection. In fact, the vast majority (more than 95%) of applications get rejected:

“For a number of years now, and owing to a variety of factors, the Court has been submerged by individual applications (over 130,000 were pending as at 31 August 2010). The overwhelming majority of these applications (more than 95%) are, however, rejected without being examined on the merits for failure to satisfy one of the admissibility criteria laid down by the Convention.

This situation is frustrating on two counts.

Firstly, as the Court is required to respond to each application, it is prevented from dealing within reasonable time-limits with those cases which warrant examination on the merits, without the public deriving any real benefit.

Secondly, tens of thousands of applicants inevitably have their claims rejected, often after years of waiting.”

It would be a outrageous if other, real human rights cases were delayed due to a Public Relations ruse as part of an extra-judicial strategy to undermine a request for Knox’s extradition.

Other ECHR on-line resources help potential applicants decide if they be eligible to be heard at the Court.

Below, a work-flow chart presents the main steps, including various “Admissibility Criteria”:



[Click for larger version]

A first admissibility criterion

The first Admissibility criterion is that an applicant has exhausted “domestic remedies” in pursuing the recognition and correction of the human rights he or she feels have been abused.

Knox in her application to the ECHR directly relates the Italian Supreme Court final confirmation of her “calunnia” sentence (three years for obstruction of justice for framing her kindly boss Patrick Lumumba as the murderer of Meredith Kercher, thereby throwing off the course of the investigation) to her application to the ECHR.

But what were the supposed human rights abuses suffered? What did she do to remedy them?

The first requirement of exhausting “domestic remedies” means that the rights abuses that Knox alleges she has suffered have been pursued in Italy, and that all possible instances of reclamation in Italy have been visited.

However, as far as the public knows, Knox has not even placed a formal complaint concerning supposed civil rights abuse. Certainly her own Italian lawyers have said they havent.

The US and Italian publics would be interested in seeing her specific claims to the ECHR and whether there is any registration of such claims or complaints with the Italian police or other administrative or NGO offices.

Knox’s needling stepfather, Chris Mellas, stated in April 2008 on a precursor to the PMF discussion forum that a complaint had been filed concerning Amanda being hit during questioning.



[Click for larger version]


However, nothing more has ever been heard of this complaint, which definitely would have been a starting point for pursuing domestic Italian remedies to the claimed rights abuse.

Since it appears zero rights abuses have been pursued in Italy, and the date of Knox’s application to the ECHR is in effect unrelated to her “calunnia” sentence confirmed by the Supreme Court, the six month limit beyond national remedies related to the rights abuse for applying to the ECHR is irrelevant here.

It should be noted that when Prosecutor Crini asked this week for an addition to Knox’s confirmed sentence for “calunnia”, adding another year to the three years already served by the convicted criminal, this is not a reopening of the “calunnia” case or an example of “double jeopardy”, but rather the reassessment on appeal of a separate, pending issue related to the basic calunnia charge: whether it should include an additional year of sentence for being aggravated.

Since this aggravation addition to the charge is awaiting determination, and follows from instructions of the Italian Supreme Court (and could result in an additional year in prison), it is not part of the prior, confirmed sentence.

A second admissibility criterion

Now just in case Knox or her lawyers would like to allege any perceived human rights abuse whatsoever in their ECHR application, the Strasbourg court insists on the reclamation in question being directly related to one of the sections of the European Convention on Human Rights

I’ve gone through it and I see chapters related to illegal detention (detention permitted only following arrest) and torture, but nothing related to getting cuffed on the back of your head.

If such an event ever occurred, it shouldn’t have, but quite likely one of the other authorities or rights bodies listed by the ECHR may be better equipped to deal with it.

This is a second Admissibility Criterion that filters out many applications: one can’t simply run to the ECHR saying “my rights have been abused” ““ the issue at hand must be directly related to the European Convention on Human Rights.

I seriously doubt the “hitting” event ever occurred because Knox’s own Italian lawyer Luciano Ghirga denied it, stating to the Press on 21 October 2008:

Amanda wasn’t hit. There were pressures fom the police, sure, but we never said she was hit.

As our next post here on this same subject will show, even Knox herself admitted she was treated well. 



[Above: Amanda Knox’s Italian courtroom lawyer stating to the Press in 2008 that she had not been hit.]


If Knox hasn’t even tried to remedy being allegedly hit in Italy by suing or making formal complaints, nevertheless the Italian police certainly have acted upon such suggestions.

A number of legal processes are under way against Knox and her family members for slander and calunnia. Knox might face two more charges of aggravated calunnia. Why do I doubt that Knox has even mentioned those other legal processes in her application to the ECHR?

Those charges would of course have to be taken care of (as part of “exhausting domestic remedies”) before the ECHR would be able to consider her application, assuming it surmounted all of its other shortcomings to get to the ECHR judges’ hands.

A third admissibility criterion

Another Admissibility Criteria is the “Significant Disadvantage” filter. If an alleged rights abuse is minimal ““ compared to the very serious issues that the ECHR was created to consider ““ the application will go no further.

The only violent description of Knox’s alleged beating was given by her stepfather, Chris Mellas: “She was interrogated, and hit, and threatened,” he typed. “Tortured.  Physically and mentally”.

However, there was never any medical or forensic notification of such “torture” before or after her incarceration in Capanne Prison.

Rather, Knox spent her time in prison receiving regular visits from a lovelorn Italian politician who befriended her, and participating in prison musical and theatrical activities.



[Click for larger version]


In underlying the “significant disadvantage” requirement, the ECHR states in its examples of rejected claims, that it can’t be distracted by the French driver who lost a point on his driver’s licence, or the Romanian who claims 90 euros from the State, when the Court has real and serious Human Rights cases to deal with such as:

  • El-Masri v. the former Yugoslav Republic of Macedonia (Article 3 of European Convention on Human Rights:  Torture and inhuman and degrading treatment during and following applicant’s extraordinary rendition to CIA)

  • Hirsii Jamaa and others v. Italy (Article 4 of Protocol No. 4: Return of migrants intercepted on the high seas to country of departure)

It’s almost certain that Knox has not pursued on an Italian level any remedies to her alleged human rights abuse (whatever it was), nor is there any evidence that the investigation into Meredith Kercher’s murder and the subsequent trials of Knox, Rudy Guede and Raffaele Sollecito were affected in their outcome by the rights abuse.

This is especially the case if the limit of Knox’s human rights suffering is that described by a talky ex-FBI helicopter pilot turned ex-college security guy turned Amanda Knox groupie, Steve Moore.

Moore describes the “frightful” circumstances of Knox’s witness questioning on the night of 5 November 2007 for the couple of hours (perhaps even somewhat less) that it lasted:

No food, no coffee, no bathroom breaks ““ nothing.





Above is ex-college security man Steve Moore, right, together with PR flunkie Bruce Fischer, left, both flanking “Frank Sfarzo”, a Knox-Mellas family friend.

Francesco Sforza is currently a fugitive from the Seattle courts on two counts of Assault-Domestic Violence, who continues to support Amanda in ongoing Internet blog posts, from wherever he may be.

See below. Click for larger. In purple, my corrections to Knox’s “what-I-want-the-World-to-believe” post about applying to the ECHR.



[Click for larger version]

In conclusion

Between the manifest doubtfulness of the acceptability of Knox’s application to the European Court of Human Rights, on one hand, and the falsehoods and half-truths in her announcement, on the other, why do I get the feeling that the only reason and hope she and her team have in announcing the application (whether really filed or not) is to distract the attention of the followers of her appeal trial from the prosecution’s weighty arguments?

This will have little if any effect on the wheels of Italian Justice, and probably even less on a State Department more concerned with maintaining good relations with European allies while diplomatic challenges occur in the Middle East and Asia, than with a lobby plan to prevent Knox’s extradition.


[Below: The European Court of Human Rights in Strasbourg France]


Thursday, October 17, 2013

When You Get In A Deeeep Hole, Best To Stop Digging: Did Anyone Think To Tell Knox?

Posted by James Higham



[Florence courts in winter; how they might look when the appeal verdict comes down]


Not sure the Knox machine quite understands what trouble their charge is in.

She’s already done three years for calumny and is at it again.  Her recent slurs on Italian courts and the police have brought further litigation down on her head.

Then there is the little matter of the court award to Patrick Lumumba for false accusation of murder, which she has not paid to this day, despite earning huge amounts from her fiction work published in America.  Every one of us knows what happens when we default.

See how this stands up as her reason not to pay up:

I have already appealed to him to tell him that I didn’t go to the Police Headquarters with the aim of accusing him of a murder he did not commit. What was dragged out of me was dragged out from me without my wanting to harm him.

I only wanted to help and I was completely confused so that I didn’t know what was true and what was not true at that point. Therefore I didn’t want to harm him. I “¦ (MAXI-SIGH) “¦ His.. His name came out only because my mobile phone was there and we exchanged some SMS.

She says: “Vorrei che lui [Patrick]può capire in che situazione io mio trovavo.”  I’d like him to understand the situation I’m in.  Pardon?  A man wrongfully banged-up in prison and owed $80 000 by her should understand the situation she is in?

She was asked what happened and answered, “My best truth is “¦”  My best truth?  She invented an entire situation with Mignini which simply did not happen according to eyewitnesses, including her translator.  Simply did not occur that way.  She volunteered a statement but in the light of subsequent events weeks later, changes that, upon advice, to her being browbeaten.

Hence the calumny charges.

Main poster Stilicho adds:

Knox can’t even be honest about her time in prison. She was not in prison because she was wrongly convicted for murder but because of the calunnia she committed against Patrick and as a precaution against her fleeing the country or killing someone else before her trial was completed. She sang and danced and was frequently visited by politicians and other dignitaries. By all accounts, it was the most productive time in her life.

When confronted with her lies, she says, “I was confused.”  Sorry ““ courts don’t buy such things.  They deal in truth or non-truth.  None of this “it seemed to me”.  She interprets this real-world reaction as hurtful, hateful to Amanda.

In short, she appears to be emotionally or socially retarded, not fully understanding what she has got herself into.  Should she be released on a technicality, as Casey Anthony was, she still faces years inside because of the libel and slander which is piling up.  Her own people are also being litigated.  Peter Quennell:

We don’t see any sign that David Marriott or Robert Barnett or Ted Simon have the slightest clue about Italian law. They are all liable too for the felonies in the book and all of them could be charged too by the Bergamo judge.

Her advisors need to shut her up before she makes it any worse for herself.  In that accusation of Lumumba, she said she was there, in the next room with her hands over her ears because she couldn’t bear Meredith’s screams.  It was a clear description, clear enough for the police to arrest Lumumba and put him in prison.  The screams coincided with those the neighbours reported.

If one was to substitute Guede and Sollecito, whose bloodied footprint was on the bathmat, for Lumumba, that might be close to the truth of what happened, it would explain no DNA found of hers in the actual room..

Except that there are multiple mixed blood traces and her DNA twice now on the murder weapon, along with her panicked reaction when the cutlery drawer was opened, plus her words to her mother that they’d found a knife and that she was very worried about it.  Why would she need to worry if she wasn’t there?

She might be able to explain away the pattern of where her DNA was found on the knife ““ a stabbing grip near the blade ““ as a weird way of cutting vegetables.  Then there was Sollecito’s admission over Meredith’s DNA in the scratch as an accident when he pricked Meredith in the hand whilst cooking at his place.

Except Meredith had never been to his place.  And he still maintains that Knox was not with him that evening at his own home.

So, despite the sweeping statements by her minders of “no evidence”, which are then syndicated all over the world by their media entourage, inc the Wail, there’s actually copious evidence.  After you get past the conflicting stories, the cellphone activity and the witness identifications, there is still the matter of the mixed blood traces.

There was no blood the night before, by Knox’s own admission.  Meredith was out that early evening, the two had not been together.  These are the sorts of minor anomalies she can only explain with “it seemed to me” or “I imagined”.

Then there is the little matter of the hand marks on the neck, too small for the men although there were other marks too.

The horror for Amanda Knox, in her infantilized state ““ look at her handwriting ““ is that she cannot see consequences, not unlike a child.  She doesn’t understand that you can’t go killing someone and get away with it.  She’s constantly on about being seen as a good person, as every child and every adult would like and so many of us do not see it that way.

Like a child, she just wants it all to go away and that childlike appearance is what strongly drags in most people’s sympathy ““ here is a State and nasty people worldwide being cruel and mean to a young innocent.  Yet she’s getting on for 30 now and is no child.  And she still spreads the libel with no thought of consequences, just as she saw no consequences on that night, just the there and then.

The role of drugs cannot be downplayed in this effect on her mind.  She’s almost a poster girl for today’s youth and the early sex and drugs, with the dumbing-down at school at the same time.

She’s a mess and it’s hard not to sympathize with that and want help for her “¦ except for one pesky problem.  She’s a convicted murderess.

The reaction to these posts will be sympathy for her and anger at the bully who is writing it.  It should actually be disgust at what she did and neutrality towards the reporter writing the post.  How does it shift from one to the other?

Natural chivalry.  Yet in this sympathy for her, there is still the question of her victim choking on her blood once the screams had stopped.  And that is what maintains our interest in the case ““ it is unresolved as yet, it is close to the end.

She might get off on a technicality if her lawyers are good enough.  She’ll then go into that limbo state of Casey Anthony and all the other broken children of today, the blame for which many of us lay at the door of Them and their narrative.

For sure there is a sadness to it, which a new commenter, David Berlin mentions:

Knox is a hamster on a wheel, in a cage, endlessly condemned to repeating the same nonsense. In an earlier post I saw her as a character in Beckett’s “˜Play’ and the more she opines the more apt that seems. Endlessly repeating a story, fixed in her lines, unable to find an exit.

Commenter Goodlife writes:

Her life now does not seem all that different from her days in prison in that most aspects of her life seem to be under the control of someone else. But does anyone believe that she is any happier or more content now? She is now nothing more than a performing monkey, dishing out the script given to her by her supposed nearest and dearest.

An Italian commented:  “Young Italian actors should learn from Amanda Knox. She is a great actress.”

She’d stare at that comment in horror.  She uses the term bambina for herself, rather than ragazza, sheltering within this childlike status.  At 20.  At nearer 30 she is still doing it.  She said in an interview that she was la più piccola [the littlest] instead of la più giovane [the youngest].  Littlest evokes more sympathy.

She’s in a prison of her mother’s and her estranged father’s making.

She’s caught up in an international horror story and she’s the leading player.  This will always garner sympathy.

She asks why everyone hates her.  They don’t hate her ““ that’s child talk.  They are appalled by the machine she has behind her and their antics and believe she should take responsibility and start paying off the debt to the dead girl.

Meredith by name.


Tuesday, October 08, 2013

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

Posted by Marcello




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

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

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

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

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

2. Evidence Against You Is Far, Far Stronger

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

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

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

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

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

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

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

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

3. The Numerous Questions From Which You Hide

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

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

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

    3) Why did Guede not check the cottage to make sure no one was there before attempting the break-in? Surely he would have verified that no one was present by circling the cottage and checking if any lights were on in the windows.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


4. Italy Is Not Buying The Racist Mantra

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

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


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










Sunday, September 22, 2013

Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak

Posted by The Machine





Amanda Knox will be interviewed for the first time in Britain on ITV’s Daybreak programme tomorrow.

No interviewer should unquestioningly accept everything Knox says as the gospel truth. Remember Knox served three years in prison and is labeled a convicted felon for life for malicious lying.

So let’s hope tomorrow’s interview is not yet another whiny mis-statement of the core facts, and not yet more sliming of Italian officials, of which we have just seen so many.

There are many questions on this site which Knox has never ever answered. Some arise from the evidence and some from her dishonest book.

See especially the tough questions here and here and here and here.  With luck the Daybreak hosts will ask Knox all of these tough questions below.

1. Multiple false alibis

You and Raffaele Sollecito gave completely different accounts of where you were, who you were with and what you were doing on the night of the murder. Neither of you have credible alibis despite three attempts each. Sollecito told Kate Mansey from The Sunday Mirror that you and him were at a party.

He told the police that you and him were at his apartment. He then told them that he was home alone and that you weren’t at his apartment from around 9.00pm to about 1.00am. You first told the police that you were at Sollecito’s apartment. After you were informed that he was no longer providing you with an alibi, you repeatedly claimed that you went to the cottage with Diya Lumumba.

You changed your story yet again and claimed that you were at Sollecito’s apartment, but he might have gone out. All the other people who were questioned had one credible alibi that could be verified.

Extract of Sollecito’s witness statement.

“I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call and I stopped only when Amanda came back, about one in the morning I think.

Question 1. Why did you and Raffaele Sollecito repeatedly tell the police and others a pack of lies?

2. False accusation

You falsely claimed that Diya Lumumba killed Meredith in two witness statements and you repeated the false accusation in your handwritten note to the police on 6 November 2007. You served three years in prison for this felony and your appeal to the Supreme Court was denied.

Question 2. Why did you repeatedly accuse Diya Lumumba of murder when you knew full well that he was completely innocent and why didn’t you or your mother retract your accusation when he was in prison?

3. The Double DNA Knife

According to a number of independent forensic experts - Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor, Giuesppe Novelli, Professor Francesca Torricelli, Luciano Garofano, Elizabeth Johnson and Greg Hampikian - Meredith’s Kercher’s DNA was found on the blade of a knife from Raffaele Sollecito’s kitchen.

He falsely claimed in his prison diary that he had accidentally pricked Meredith’s hand whilst cooking. Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory.

Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible.

Question 3. How do you think Meredith’s DNA got onto the blade of the kitchen knife?

4. The bra clasp

An abundant amount of Raffaele Sollecito’s DNA was found on Meredith’s on the exact part of Meredith bra clasp that was bent out of shape during the attack on her.  His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17. Professor Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it.

Professor Novelli analysed the series of samples from all 255 items processed and found not a single instance of contamination, and ruled out as implausible that a contaminating agent could have been present just on one single result. David Balding, a Professor of Statistical Genetics at University College London, recently analysed the DNA evidence against Sollecito and concluded it was strong.

Question 4. How do you think Raffaele Sollecito’s DNA ended up on Meredith’s bra clasp?

5. The bloody footprint on the bathmat

According to two imprint experts - Rinaldi and Boemi - the bloody footprint on the blue bathmat in the bathroom matched the characteristics of Sollecito’s foot, but couldn’t possibly belong to Guede. Rudy Guede’s bloody footprints led straight out of Meredith’s room and out of the house which indicates that he didn’t go into the bathroom after Meredith had been stabbed.

See our past posts on this here and here.

Question 5. Who do you think left the bloody footprint on the bathmat?

6. Mixed samples of Amanda Knox’s DNA or blood and Meredith Kercher’s blood

According to the prosecution’s experts, there were five instances of your DNA or blood mixed with Meredith’s blood in three different locations in the cottage. Even your lawyers conceded that your blood had mingled with Meredith’s blood. In other words, Meredith and Amanda Knox were both bleeding at the same time.

Question 6. Why were you bleeding on the night of the murder and is it a coincidence that only your DNA was found mixed with Meredith’s blood?

7. The Luminol Enhanced Footprints

Bare bloody footprints were revealed by Luminol at the cottage. Three of them are compatible with your foot size and one of them is compatible with Raffaele Sollecito’s foot size.

Question 7. What do you think the Luminol was reacting to - Meredith’s blood or some other substance?

8. The staged break-in

There is absolutely no evidence that anyone stood outside Filomena’s window and climbed up the vertical wall on the night of the murder. There were no marks from soil, grass or rubber soles on the wall. The earth of the evening of 1 November 2007 was very wet, so if anybody had climbed the wall, they would have left some marks on it.

The glass on the window sill and on the floor show no signs of being touched after the window was broken, which would have been the case if the intruder had gained entry through the window.

There was not a single biological trace on any of the shards of glass. It would have been very likely that an intruder balancing on the window sill would have suffered some kind of injury or cut because of the shards of glass.

If the window had been broken from the outside, there would have been shards of glass outside, but there wasn’t even one.

Judge Massei and the panel of judges at the Italian Supreme Court specifically mentioned the shards of glass on top of Filomena’s clothes which had been tossed onto the floor in her room and regarded it as proof that the break-in was staged.

Question 8. Who do you think staged the break-in at the cottage?

9. Knowledge of the crime

Umbria Procurator General Galati’s pointed out in his appeal that you knew specific details of the crime that you could have only known if you had been present when Meredith was killed.

According to multiple witnesses at the police station, you said you were the one who had found Meredith’s body, that she was in the wardrobe, that she was covered by the quilt, that a foot was sticking out, that they had cut her throat and that there was blood everywhere. But you weren’t in a position to have seen anything at all when the door was kicked in.

In your witness statement you described Meredith’s scream. Other witnesses have corroborated your claim that there was a loud scream.

Question 9. How did you know so many precise details of the crime?

10. Shower and the “bathmat shuffle”

The Scientific Police found 13 traces of blood in the bathroom that Meredith and you shared. Prosecutor Mignini and Filomena have both expressed their surprise that you showered in a blood-spattered bathroom.

Filomena told Mignini during cross-examination:  “I thought it was odd that she’d had a shower when there was blood all over the place.”

You told Mignini that you used the bathmat to shuffle to your room.

Question 10. Why did you shower in a bathroom that was splattered with blood, and did you notice the visible bloody footprint on the bathmat when you used it to shuffle to your room? And why so soon after did the police notice that you were stinking?

Lorraine Kelly and Aled Jones the ITV Daybreak hosts who should confront Amanda Knox


Thursday, September 05, 2013

Questions For Knox: Why So Many False Claims In Accounts Of Your Visit To The House?

Posted by James Raper



[Filomena’s shutters on approach above and below NOT half-open as they were when Knox arrived]


Additional to this post and this post on the overwhelming strength of the evidence against Sollecito and Knox.

Amanda Knox was of course lying from the start about her initial visit to the cottage to have a shower and collect a change of clothing, in the account which she gave the police when they turned up, and which she then embellished into a version of Little Red Riding Hood in her e-mail.

Here’s how we can know why. One of her most glaringly untrue claims, one not hard to fathom out and indeed I have no doubt that she had done so herself and regretted it within minutes of recounting her story to the police.

The shutters to Filomena’s window were open upon the arrival of the postal police.  Massei (page 27) -

Said window had two half-closed shutters, and the right-hand shutter (the right with respect to the person looking at it) was slightly more open”› (page 62, hearing of February 6, 2009, Battistelli’s statements).

Filomena’s window is in fact the most prominent feature of the cottage for anyone walking down the lane to it. Yet, incredibly, if we are to make sense of the rest of her account, we are required to believe that Knox did not notice the shutters .

Whether they were half open or less than half open does not matter. They were open, indicating, as a matter of common sense, that the occupant of the room might be somewhere around.

You would think that anyone (anyone but Knox apparently) apprised of this elementary scrap of information about their own home and flatmates, and then in addition finding that the front door was open and no-one was answering, would have checked the other rooms, and in particular Filomena’s, out of curiosity if not concern, wouldn’t you? Of course you would.

Discovery of the broken window would then, if not before, have been inevitable, but of course in those circumstances no one would have believed that she had then had a shower and blow dried her hair.

Of course it did occur to the police that her story was a load of nonsense, just as it did to Knox and Sollecito.

See at bottom here for the famous picture of Knox and Sollecito together outside the cottage, Knox with her left hand up to her eyes and Sollecito by her side standing with his back to the window, jaws clenched and staring blankly straight ahead.

They knew, and they must have been praying hard that the police were just as stupid as them. When they were not arrested on the spot they must have thought their prayers were answered.







[Shower? Knox with Sollecito several hours later at which point her body odour was reported as immense]


Saturday, August 24, 2013

Desperate Ghirga Urges Amanda Knox To Show At Florence Appeal, But She’s Created More Problems

Posted by Peter Quennell



[Above: Knox’s legal team with mom back when; even then it looked like they could use some sleep]

Overview

Meeting in Seattle, Amanda Knox’S lawyer urges her to be at the Florence appeal, but his suggestion falls on deaf ears.

Here is a brief report from Italy.  Clearly her lead defense lawyer Ghirga (who normally handles only small-time crime) thinks the presence of Knox and her entourage coould humanize her and allow her to speak out and to guide him.

But Knox has really been burning her bridges to Italy big-time. Let us list some of the ways in which they are now foolishly dug in so deep.

Further Law-Breaking

Since the end of trial in 2009 Amanda Knox’s entourage and she herself appear to have broken law after law after law, issuing new smears, harassing the victim’s family, having her book taken to court in Bergamo.

In Florence, how does she talk about that?

Evidence Could Strengthen

The evidence in the case as presented at trial in 2009 remains rock solid to this day (the Massei outcome is the state of play) and if the large knife is retested, it could actually get way worse. Hundreds of open questions remain which Knox has strenuously avoided answering, either on the stand or in her book or on TV. 

In Florence, how does she talk about that?

Calunnias Of Justice Officials

Every instance where Amanda Knox and any of her entourage alleged without hard proof that Italian police and prosecutors have committed crimes (and there have been literally hundreds of such accusations by Preston, Fischer, on and on, now all captured and preserved) could see any or all of them hauled into court with zero heads-up (ask Sforza).

In Florence, how does she talk about that?

Framing Of Dr Mignini

In 2011 Knox was sentenced to three years (served) for the crime of framing Patrick Lumumba. So what does this slow learner do? Turn right around and commit the SAME crime in her nasty book, only this time she makes it worse. This time, she frames the chief prosecutor, in describing in detail a highly illegal interrogation that never took place.

In Florence, how does she talk about that?

Threat Of Conspiracists

There are perhaps 40 felony allegations against police and prosecution in Sollecito’s blood-money book and maybe another 20 in Knox’s own. Each of them will be put on trial separately for those claims and either one of them or both in desperation could take down all the writers, all the agents, all the publishers, all the wild-eyed conspiracists who helped write the books, and all those who made the illegal multi-million dollar deals, including their own two dads.

In Florence, how does she talk about that?

Threat Of Frank Sforza On Trial

The contempt of court trial of Frank Sforza is about to start. He is desperate to stay out of jail, and all of his alleged felonies since 2008 in contempt of the court could put him there for up to ten years. Consider the list of precisely who in Italy and the US Frank Sforza might take down, to try to give himself something of a break. This list is nothing if not long (see next post).

In Florence, how does she talk about that?

Threat Of Hellmann And Aviello

Witness Luciano Aviello is now on trial and as this post explained Aviello could take down all of the defense lawyers (for illegal dealing over the “right” judge), all of the Sollecitos, if they offered bribes, and both of the judges, Hellmann and Zanetti, who presided over the annulled appeal.

In Florence, how does she talk about that?

Conclusion

Nobody with any sense flouts the Supreme Court, or the extremely important, powerful court in Florence, which has sent down some of the toughest perps in the land.

Both courts and both prosecution teams are well-know in Italy for being cold and relentless in their search for the truth. None of the four lead lawyers for Sollecito and Knox has ever won even one case either in Florence or before the Supreme Court.

This might well be a trial balloon, to see how the Florence prosecutors and courts react. An arrest warrant, maybe? As we have seen lately, they act fast, and suddenly at any time.


Monday, July 15, 2013

Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?

Posted by The TJMK Main Posters



[Typical lecture room at the Perugia School for Foreigners, a language school - and only that]


In your thoroughly dishonest book, which contains easy-to-disprove lies on almost every page, you pretentiously claim this:

As always, I had gone to my mom first. She’s a free spirit who believes we should go where our passions lead us. When I told her mine were leading me 5,599 miles away from home, to Perugia, Italy, for my junior year of college, her unsurprising response was “Go for it!”....

Now I had to convince my dad. He’s a linear thinker who works in finance. He’s into numbers and planning. As practical and organized as he is, he’d have a lot of questions. So I approached him armed preemptively with the answers….

“Dad,” I said, trying to sound businesslike, “I’d like to spend next year learning Italian in a city called Perugia. It’s about halfway between Florence and Rome, but better than either because I won’t be part of a herd of American students. It’s a quiet town, and I’ll be with serious scholars. I’ll be submerged in the culture. And all my credits will transfer to UW.”

This mantra of earnest intentions appears again and again throughout the book.  You would return from Europe academically far down the road, and only one more year at college away from a dazzling career of some kind.

What total nonsense. How absurd.

  • First, to those fellow students who knew you in Seattle and Perugia, all of this comes as a very big surprise. See the image at bottom here. You were mainly known for voraciously chasing boys and drugs, and any academic ambitions and career ambitions came a distant third and fourth. Perugia at the time had the reputation of being one of Europe’s easiest drug cities; was that as some acquaintances think the real reason you made a beeline to it?

  • Second, you were utterly underfunded for a full academic year in Europe which costs Americans on average maybe $20,000. Why did your accountant father and math teacher mother not do the sums, see the huge shortfall,  and absolutely insist that you apply for the grants and scholarships that are readily available? How did you propose to work legally in Europe to make up the shortfall, as all Americans working in Europe require a work permit? (And what of your fingering Patrick for the murder, after he took a risk of losing his bar business in hiring you illegally?)

  • Third, there is no way that your “study year” in Perugia (if it was to be a year, which is highly doubtful)  could represent your junior year at university. There is no way “all” your credits could be transferred to the University of Washington, because the School for Foreigners (a non degree issuing arm of Perugia University) does not even issue credits that count for American universities; in fact it is essentially a glorified language school (a good one but only that) which allows in anyone who wants to study there.

Your status was in fact that of a loose canon for Americans studying abroad. You were really, while denying it, taking a year off from your studies and career in Europe, as this account  by an academic counsellor makes quite clear.

The media have now repeated countless times that Amanda Knox was on a “study abroad program”.

In fact, as these things are defined, she was not. It is precisely that she was NOT on a study-abroad program that she was able to adopt a lifestyle that seems to have led her to where she is now.

To go on a study-abroad “program” means that you attend an organized and SUPERVISED curriculum and agenda, most often with peers, faculty and/or at the very least a local administrative staff person assigned to periodically look after the participants’ behavior and well-being.

In fact the University of Washington does not even have a study abroad “program” in Perugia. It merely suggests to UW students that the Universita per Stranieri is a possible destination and place for students to go on their own, and if asked helps out with some administration.

Knox took the “non-conformist” path to study abroad. I recall reading that she did not want to go on a program so as to not follow the group, so to speak. So she did study abroad, but cheaply, and outside an organized program by the University of Washington. She was basically in Perugia on her own.

This is characteristic of at least two type of people, those who are adventurous, exploratory and want a true full-immersion experience into the cultural side of the host country (usually Italian majors), and those who want to be untethered and to have total freedom and no one to answer to so they can do as they wish.

Her casual attitude to her studies and other strong hints in her behavior and writings suggests that she was the latter type.

And presumably her biological parents understood all of this and signed off on it, even before Amanda Knox ever left Seattle.

Parents especially should know that if Knox had attended a UW-operated or US-University run study abroad program with supervision, her attendance in class would have been monitored, and any behavior that would upset roommates may have been reported.

In these programs for the most part there are strict housing rules such as no overnight guests, let alone bringing guys home to sack up with. Most of the time roommates will complain on the spot or get back to the American administrators that they have an out-of-control roommate bringing guys home, drinking excessively, or doing drugs.

In addition, programs with the proper supervision have enough of a presence to let the participants know that someone is at least checking up now and again. And as a result they watch their behavior.

Furthermore, in well-run programs, students are given significant preparation about living in the specific host country and city with pre-departure materials and perhaps meetings, talking with ex-participants, and attending an extensive multi-day orientation where staff and even local police lecture them about the many pitfalls of living in a foreign and new environment away from home.

They are reminded that the laws are different in other countries, and more importantly that there are some bad people walking the streets. They are told to enjoy themselves and learn, but also to be careful, stay alert, stay out of trouble, and so on.

I myself work in study abroad and we know what unleashed unsupervised colleges students get themselves into. We are trained to look for potential problems and we visit all students accommodations at least once per month and speak with everyone there.

We have open-door counseling and professionals with years of experience on staff. We watch out for all our students regularly”¦ we know what behavior to look for, and when to intervene, at least most of the time.

Yes, it costs more to attend the Universita per Stranieri or any overseas university through a US-college or US-university monitored program with local on-site staff and supervision.

But the situation Amanda has created, or at least found herself in, is much less likely to happen to students on a supervised and accredited study abroad program.

Let’s face it, at the age of 20, 21, or 22, many young adults are still really more or less kids. Naive and vulnerable, especially those who have yet to explore their “wild side”, they sometimes see this as an opportunity to make up for lost time.

This is exemplified in the fact that many pass out from drinking in the days after they arrive. Bottom line, they need guidance, and no more so than when they are 8000 miles from home and on their own.

Knox took the “I am too good to go on study abroad program with fellow students” route and the cheapest way overseas.  And it is not proving so cheap anymore.

Her biological parents really should have known better. All parents should either make sure the students are mature enough, or make sure they have a structured environment that can assist them while abroad. It is well worth the extra cost and peace of mind.

So the media should please get this straight from now on.

  * Amanda Knox was NOT on a study abroad “program” while in Perugia.  She was at most “studying abroad” as that term is used very loosely.
  * She took a leave from the University of Washington to study Italian at what is essentially a glorified language school which anyone can attend.
  * She was totally unsupervised in a high-risk situation where it would have seemed obvious to any supervisor that she was looking to break away.
  * And she most likely would have had a very difficult time getting any credit for her studies from the University of Washington at the conclusion.

So. The worst possible deal for any student abroad. The parents signed off in advance.  It seems to have exploded on Knox. And poor Meredith died.

In fact so scary was your semi-connection to the University of Washington with its zero control and potential huge liabilities that SINGLE HANDED your irresponsible and dangerous arc in Perugia sparked reforms in universities throughout American

Mirroring a nationwide trend, the University of Washington is overhauling how its students and professors interface with foreign countries….

The UW study abroad experience today involves much more oversight than it did two years ago when Amanda Knox left on an unsupervised European adventure that quickly degenerated into a nightmare.

When Knox, who is on trial for murder in Italy, left her familiar U-district environs in late summer 2007, she embarked on her own independent study in Umbria with very few guidelines or institutional oversight.

She arrived in the tolerant student melange of Perugia, a vibrant college town with temptation at every turn and many paradoxes (drug deals and party plans are often made on the steps of the cathedral).

A month later, the honor student’s pub-crawling, pot-smoking college shenanigans had taken a very serious turn and she was being hauled off to the Capanne penitentiary, where she remains today, pleading her innocence as the trial and controversial accusations against her plod forward.

Once her troubles began, the university tried to offer support, but had very few official guidelines to follow for responding to the kind of complicated legal-judicial matter Knox faced.

It’s different now….

In the wake of several negative overseas episodes, officials are busy raising awareness about the positive impact the UW is having worldwide and taking steps to improve communications, regulation and emergency preparedness for its students abroad.

Compared with two years ago, international education officials are more closely tracking who, where and what study-abroad programs involve. The university has new rules:. The department chair has to sign off on the program. Insurance is required. So is a cell phone. No program money can be used to buy alcohol, just for starters.

“There’s a much more formal process now,” said Taso Lagos, a UW professor who teaches international communication and manages a study-abroad program in Greece. “With administrators that are very aware, with lines of communication open and policies in place if something happens.”...

The UW’s growing commitment to international education—- even in a budget crisis—is reflected in some developments. [UW Vice Provost for Global Affairs Stephen Hanson] was named a vice provost in January, and in the spring, the UW dedicated an entire wing of the Gerberding Hall administration building to growing an international mission and profile.

This year, a travel security and information officer is coming on board to oversee emergency response and preparedness, as is Peter Moran, a new director of international programs and exchanges who previously worked at the Fulbright Commission office in Katmandu, Nepal.

New guidelines are being put in place to streamline communications, ease financial transactions and institute mandatory training for faculty taking students abroad. The Global Support Project, a rapid-response team with one person from each branch of the central administration, takes on cross-disciplinary international challenges.

Such reforms aren’t unique to UW.

Universities across the country are examining how better to organize study abroad to meet blossoming demand from students (and prospective employers) for foreign experience. Many are turning to independent service providers whose business it is to contract housing, health care or niche risk management services dealing with legal, financial or public relations crises when things go haywire abroad…..

Though the university bore no responsibility for any of the events Knox became entangled in, media across the world continued to mention the University of Washington—whether it was because of character witnesses who were her college buddies, reports of wild off-campus parties Knox attended in Seattle or her studies while in prison.

Your notion of a diligent, serious, demanding year in Italy appears again and again throughout your book.  It is the whole basis for why you were at least the equal of Meredith and her circle and the others who lived in your house.

For why you would have little time off for irresponsible partying. For why there was no way you could possibly feel jealous or over-competitive toward Meredith.

In fact, both you and your foolish parents acted grossly irresponsibly. And as a direct result, Meredith died.




Friday, June 21, 2013

Knox & Sollecito Meet - To Attempt To Bury The Hatchet Other Than In Each Other?

Posted by Peter Quennell





Knox and Sollecito meet in New York right after the release of Cassation’s ruling.

Below are excerpts from the report by Christopher Bucktin of the Daily Mirror. It is not tilted toward Knox and Sollecito, but it does get some of the law wrong in their favor.

What Cassation had just done was to toss out the corrupted 2011 Hellmann appeal, which was essentially THEIR first (automatic) appeal. Cassation was in effect saying they could run their own first appeal again in the appeal courts in Florence.

They can still choose not to. There was no retrial, and in fact one of Cassation’s major complaints about Hellmann was that he illegally tried to run a retrial rather than address the narrow grounds for appeal as the law requires. 

Our exclusive pictures show how they secretly reunited just hours after judges ordered them to return to court [for their own appeal in Florence].

They didn’t seem to have a care in the world as they hugged and kissed during a secret meeting in New York.

But the passionate embrace between Amanda Knox and former lover Raffaele Sollecito raised some serious questions last night.

Their tryst came just hours after they were ordered to return to Italy to face a retrial over the murder of British student Meredith Kercher.

Italy’s top judges ruled the possibility that the 21-year-old died during a sex game that went wrong needed to be re-examined.

And the move immediately cast doubt on whether the couple should be allowed to be in contact now they have been formally recalled.

The pair, along with Knox’s mother, spent Tuesday visiting New York together ““ sparking rumours they have rekindled their romance.

There was no sign of James Terrano, the loyal boyfriend Knox is reportedly living with in Seattle, Washington.

An onlooker said: “They just looked like a normal couple who had been with each other a long time. Together with her mum they explored Manhattan and took the subway to get around.

“You only have to look at him to see he still holds a huge torch for Amanda. He clearly finds her captivating. When they hugged she closed her eyes as he gave her a tender kiss on her cheek.

“At one point he put his arm around her to help warm her up. They never once stopped chatting.

“It’s astonishing they are allowed to even talk to each other, let alone see one another, considering they are both suspects in a murder trial.”

The pair spoke to each other in Italian and were chaperoned during the afternoon excursion by Knox’s mother Edda Mellas, who walked several yards behind everywhere they went.

When confronted by the Mirror, Knox and Sollecito were cagey about their reunion.

Knox refused to comment about the Italian court’s ruling.

She also declined to confirm or deny reports that she planned to stay in the US and would not be returning to Italy to face justice.

Sollecito, who also says he has no wish to go back, said: “We have everything to do now. We have a lot of planning.”

Knox’s mother, Edda, added: “We need to speak to our lawyers.”

The couple were reunited as Italy’s Supreme Court “faulted” the 2011 acquittal of Knox and Sollecito by the appeals court for the murder and sexual assault of room-mate Meredith….

In a recent interview, in which she boasted about being proud of one-night stands and drug use, Knox defended her actions saying: “I think that everyone’s reaction to something horrible is different.”

The interview was given as Knox cashed in on the trial by promoting her book, Waiting To Be Heard.

The deal is reported to have earned her £2.6million. Sources close to 29-year-old Sollecito claim he still loves Knox and hopes they may get back together one day.

When in November 2011 he announced they had split he said tearfully: “Our love was like a seed that was not allowed to grow because it was brutally stamped on.

“We were both victims of a cruel injustice and our relationship was overcome.”

During the trial Sollecito, from Bari in southern Italy, claimed he was offered a secret deal by prosecutors to implicate the American undergraduate but said he never considered betraying her.

He added: “She told me that she thinks that I’m a kind of hero, but I don’t think so.

“I did it because I know it’s the truth. It’s the good thing to do. It’s the only way for me.”



Sunday, June 16, 2013

Questions For Knox: Do You Really Think “False Memories” Claim Framing Italians Yet Again Will Help?

Posted by The TJMK Main Posters



[You say Madison Paxton found Kassin? So why did Bruce Fischer and Sarah claim to have done so??]

1. Your Real Persona, Widely Observed

Remember that Italians have seen a lot more of the real you than most Americans ever have. Italians all saw the real you described here and here.

That is why maybe 95% of all Italians long ago concluded for your guilt. At times you can come across as winning but, as there on the stand, too often as brash, sneering, sharp-elbowed, humorless, uncaring, and self-absorbed.

That is the Knox that put off many who encountered you in Seattle, it is why you had Halloween largely alone, and why you put off almost everyone you encountered in Perugia. Including everyone in your house in Perugia, and most in Patrick’s bar - and this literally in less than a month.

The “lost little girl” persona, the “chaste girl who never did sex and drugs” persona, the “diligent girl who studied so hard” persona, and the “they all want to get me because I am so fantastically cute” persona you or your agenda-driven shadow-writer put in the book have many people who have seen a lot of you in strong disbelief.

Can you name even one good friend who still stands by you in Perugia, given that even Raffaele Sollecito has placed you at the brink of a cliff?

By the way, this is not an unkind group, mostly comprised as it is of professionals, and some surprising things you yourself said in your book confirmed a suspicion about untreated root causes that we mentioned here.

2. Pages 270 to 272 Of Your Book With Your False Claims Highlighted

Let us first quote what you claim about your interrogation as “explained” by Saul Kassin who had at this point diagnosed you only long-distance and talked with not even one person who was there. False claims are shown in bold.

Thankfully Madison had researched the science on false confessions. She found Saul Kassin, a psychologist at John Jay College of Criminal Justice in New York. A specialist in wrongful convictions, he took the mystery out of what had happened to me.

Before my interrogation, I believed, like many people, that if someone were falsely accused, they wouldn’t, couldn’t, be swayed from the truth while under interrogation. I never would have believed that I could be pressured into confessing to something I hadn’t done. For three years I berated myself for not having been stronger. I’m an honest person. During that interrogation, I had nothing to hide, and a stake in the truth “” I desperately wanted the police to solve Meredith’s murder. But now I know that innocent people often confess. The records kept of people convicted of a crime and later exonerated by DNA evidence show that the DNA of 25 percent of them didn’t match the DNA left at the scene. The DNA testing showed that one in four innocent people ended up confessing as I did. And experts believe that even more innocent people confess, both in cases with and without DNA evidence.

According to Kassin, there are different types of false confessions. The most common is “compliant,” which usually happens when the suspect is threatened with punishment or isolation. The encounter becomes so stressful, so unbearable, that suspects who know they’re innocent eventually give in just to make the uncomfortably harsh questioning stop. “You’ll get thirty years in prison if you don’t tell us,” says one interrogator. “I want to help you, but I can’t unless you help us,” says another.

This was exactly the good cop/bad cop routine the police had used on me.

Besides being compliant, I also showed signs of having made an “internalized” false confession. Sitting in that airless interrogation room in the questura, surrounded by people shouting at me during forty-three hours of questioning over five days, I got to the point, in the middle of the night, where I was no longer sure what the truth was. I started believing the story the police were telling me. They took me into a state where I was so fatigued and stressed that I started to wonder if I had witnessed Meredith’s murder and just didn’t remember it. I began questioning my own memory.

Kassin says that once suspects begin to distrust their own memory, they have almost no cognitive choice but to consider, possibly accept, and even mentally elaborate upon the interrogator’s narrative of what happened. That’s how beliefs are changed and false memories are formed.

That’s what had happened to me.

I was so confused that my mind made up images to correspond with the scenario the police had concocted and thrust on me. For a brief time, I was brainwashed.

Three years after my “confession,” I’d blocked out some of my interrogation. But the brain has ways of bringing up suppressed memories. My brain chooses flashbacks””sharp, painful flashes of memory that flicker, interrupting my conscious thoughts. My adrenaline responds as if it’s happening in that moment. I remember the shouting, the figures of looming police officers, their hands touching me, the feeling of panic and of being surrounded, the incoherent images my mind made up to try to explain what could have happened to Meredith and to legitimize why the police were pressuring me.

This new knowledge didn’t stop my nightmares or flashbacks, but I was so relieved to learn that what I’d been through wasn’t unique to me. It had been catalogued! It had a name! As soon as I understood that what happened during my interrogation wasn’t my fault, I started forgiving myself.

Kassin and others show that interrogations are intentionally designed to bewilder and deceive a suspect. Originally created to get highly trained, patriotic U.S. fighter pilots to sell out their country during the Korean War, one technique uses a tag team of investigators and tactics meant to induce exhaustion, agitation, and fear. It’s especially potent on young, vulnerable witnesses like me. The method was designed not to elicit information but to plant it “” specifically tailored to destroy an orderly thought process. After some hours, the subject gives the interrogators what they want “” whether it’s the truth or not.

In my case they’d put several interrogators in a room with me. For hours they yelled, screamed, kept me on edge. When they exhausted themselves, a fresh team replaced them. But I wasn’t even allowed to leave to use the bathroom.

These were strategic measures, many of which are described in Kassin’s report on police interrogation, “On the Psychology of Confessions: Does Innocence Put Innocents at Risk?” Reading it, I was flabbergasted to learn how by the book the police had been in their manipulation of me.

It had been the middle of the night. I’d already been questioned for hours at a time, days in a row. They tried to get me to contradict myself by homing in on what I’d done hour by hour, to confuse me, to cause me to lose track and get something wrong. They said I had no alibi. They lied, saying that Raffaele had told them I’d asked him to lie to the police. They wouldn’t let me call my mom. They wouldn’t let me leave the interrogation room. They were yelling at me in a language I didn’t understand. They hit me and suggested that I had trauma-induced amnesia. They encouraged me to imagine what could have happened, encouraged me to “remember” the truth because they said I had to know the truth. They threatened to imprison me for thirty years and restrict me from seeing my family. At the time, I couldn’t think of it as anything but terrifying and overwhelming.

That was exactly their point.

Highlighted in bold is another large body of your many easy-to-disprove lies as in the previous post.

Your bizarre analysis leads to many many questions.

    What honest person? You served three years for felony lying. Exactly how did you ever help the police? What good cop/bad cop routine? There were only ever 2 or 3 interviewers there. What airless room? You were in a very modern building with air conditioning. What shouting? What 43 hours of interrogation? You had at most been questioned for one or two hours - and only for a few minutes on this night when you “broke”.  What story were police forcing on you? Why were you so confused and stressed - other than that Sollecito had just left you with no alibi? What did the police concoct and thrust on you, and why? Why didnt they do that to anyone else? So many others were interviewed too.

    You are not even in Kassin’s “vulnerable” target group. How could you possibly be brainwashed in such a short time? What do you mean “after some hours”? What hours? Who exactly yelled and screamed and kept you on edge? What fresh tag team? Who stopped you leaving the interrogation room for a bathroom break? Why did you testify that you were given refreshments and treated well? Why did your own lawyers say you were treated well? Why did they never lodge a complaint? Why when you had an excellent interpreter did you say you couldn’t understand? Why would police threaten to imprison you for 30 years when their whole interest moved quickly to Patrick as you engineered? And why after the interview when you were left sitting in a corridor, babbling and being calmed down, did you not simply walk right out?

In fact, nobody ever accused you of anything at all in your voluntary witness interview.

You were put under no pressure to confess. Not so long after Sollecito fingered you, you spontaneously blamed Patrick for Meredith’s death. For the next several hours, you babbled on, again and again blaming Patrick. Dr Mignini then witnessed you being warned, and barely said a word.

And of course you never ever did confess that you participated in the attack on Meredith yourself. You are really claiming a false confession - when you didnt even confess? 

Sollecito similarly cracked spontaneously in an adjacent room, and he pointed the blame at you. Its very noticeable in all of the above that you essentially dont even mention his name. Nor does Kassin.

So what made Sollecito crack? You don’t explain that.

3. Saul Kassin’s Version with His False Claims Highlighted

It seems that Kassin was subjected to the toxic Misinformation Cloud conjured up by the Rank Amateurs for Knox, and Kassin very foolishly failed to check with anyone at all who had been on the spot.

Here are the relevant passages from Saul Kassin’s paper in American Psychologist with his false claims highlighted in bold.

As illustrated by the story of Amanda Knox and many others wrongfully convicted, false confessions often trump factual innocence. Focusing on consequences, recent research suggests that confessions are powerfully persuasive as a matter of logic and common sense; that many false confessions contain richly detailed narratives and accurate crime facts that appear to betray guilty knowledge; and that confessions in general can corrupt other evidence from lay witnesses and forensic experts””producing an illusion of false support. This latter phenomenon, termed “corroboration inflation,” suggests that pretrial corroboration requirements as well as the concept of “harmless error” on appeal are based on an erroneous presumption of independence among items of evidence. In addition to previously suggested reforms to police practices that are designed to curb the risk of false confessions, measures should be taken as well to minimize the rippling consequences of those confessions…. 

Meredith Kercher was found raped and murdered in Perugia, Italy. Almost immediately,  police suspected 20-year-old Amanda Knox, an American student and one of Kercher’s roommates””the only one who stayed in Perugia after the murder. Knox had no history of crime or violence and no motive. But something about her demeanor””such as an apparent lack of affect, an outburst of sobbing, or her girlish and immature behavior”” led police to believe she was involved and lying when she claimed she was with Raffaele Sollecito, her new Italian boyfriend, that night. 

Armed with a prejudgment of Knox’s guilt, several police officials interrogated the girl on and off for four days. Her final interrogation started on November 5 at 10 p.m. and lasted until November 6 at 6 a.m., during which time she was alone, without an attorney, tag-teamed by a dozen police, and did not break for food or sleep. In many ways, Knox was a vulnerable suspect””young, far from home, without family, and forced to speak in a language in which she was not fluent. Knox says she was repeatedly threatened and called a liar. She was told,  falsely, that Sollecito, her boyfriend, disavowed her alibi and that physical evidence placed her at the scene. She was encouraged to shut her eyes and imagine how the gruesome crime had occurred, a trauma, she was told, that she had obviously repressed. Eventually she broke down crying,  screaming, and hitting herself in the head. Despite a law that mandates the recording of interrogations, police and prosecutors maintain that these sessions were not recorded. 

Two “confessions” were produced in this last session,  detailing what Knox called a dreamlike “vision.” Both were typed by police””one at 1:45 a.m., the second at 5:45 a.m. She retracted the statements in a handwritten letter as soon as she was left alone (“In regards to this “˜confession’  that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”). Notably, nothing in the confessions indicated that she had guilty knowledge. In fact, the statements attributed to Knox were factually incorrect on significant core details (e.g., she named as an accomplice a man whom police had suspected but who later proved to have an ironclad alibi; she failed to name another man, unknown to police at the time, whose DNA was later identified on the victim). Nevertheless, Knox, Sollecito, and the innocent man she implicated were all immediately arrested. In a media-filled room, the chief of police announced: Caso chiuso (case closed). 

Police had failed to provide Knox with an attorney or record the interrogations, so the confessions attributed to her were ruled inadmissible in court. Still, the damage was done. The confession set into motion a hypothesis-confirming investigation, prosecution, and conviction. The man whose DNA was found on the victim, after specifically stating that Knox was not present, changed his story and implicated her while being prosecuted. Police forensic experts concluded that Knox’s DNA on the handle of a knife found in her boyfriend’s apartment also contained Kercher’s blood on the blade and that the boyfriend’s DNA was on the victim’s bra clasp. Several eyewitnesses came forward.  An elderly woman said she was awakened by a scream followed by the sound of two people running; a homeless drug addict said he saw Knox and Sollecito in the vicinity that night; a convicted drug dealer said he saw all three suspects together; a grocery store owner said he saw Knox the next morning looking for cleaning products; one witness said he saw Knox wielding a knife. 

On December 5, 2009, an eight-person jury convicted Amanda Knox and Raffaele Sollecito of murder. The two were sentenced to 26 and 25 years in prison, respectively. Finally, on October 3, 2011, after having been granted a new trial, they were acquitted. [Actually they still stand accused - and facing a tough fact-based prosecution appeal] Ten weeks later, the Italian appeals court released a strongly worded 143-page opinion in which it criticized the prosecution and concluded that there was no credible evidence, motive, or plausible theory of guilt. For the four years of their imprisonment, this story drew international attention (for comprehensive overviews of the case, see Dempsey, 2010, and Burleigh, 2011).1

It is now clear that the proverbial mountain of discredited evidence used to convict Amanda Knox and Raffaele Sollecito was nothing but a house of cards built upon a false confession. The question posed by this case, and so many others like it, is this: Why do confessions so often trump innocence? ...

Third, it is important to realize that not all evidence is equally malleable or subject to corroboration inflation. Paralleling classic research indicating that expectations can color judgments of people, objects, and other stimuli that are ambiguous as opposed to those that compel a particular perception, forensic research indicates that ambiguity is a moderating condition. Asked to report on an event or make an identification decision on the basis of a memory trace that cannot be recovered, eyewitnesses are particularly malleable when confronted with evidence of a confession (Hasel & Kassin, 2009). This phenomenon was illustrated in the case against Amanda Knox. When police first interviewed Knox’s British roommates, not one reported that there was bad blood between Knox and the victim. After Knox’s highly publicized confession, however, the girls brought forth new “memories,” telling police that Kercher was uncomfortable with Knox and the boys she would bring home (Burleigh, 2011). ... 

In recent years, psychologists have been critical of the problems with accuracy, error, subjectivity, and bias in various types of criminal evidence””prominently including eyewitness identification procedures, police interrogation practices, and the so-called forensic identification sciences,  all leading Saks and Koehler (2005) to predict a “coming paradigm shift.” With regard to confessions, it now appears that this shift should encompass not only reforms that serve to minimize the risk of false confessions but measures designed to minimize the rippling consequences of those confessions””as in the case of Amanda Knox and others who are wrongfully convicted.

4. An Exposure Of Ten Of Saul Kassins’s False Claims

Our main poster the Machine exposes further how Kassin’s key claims are wrong.

False Claim 1: They brought her in for that final interrogation late at night.

No they didn’t.

Neither the police nor the prosecutors brought Amanda in for questioning on 5 November 2007. Amanda Knox herself testified in court that she wasn’t called to come to the police station on 5 November 2007.

Carlo Pacelli: “For what reason did you go to the Questura on November 5? Were you called?”

Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”

Amanda Knox went with Raffaele Sollecito because she didn’t want to be alone. Kassin’s false claim is the first red flag that Saul Kassin is very confused or has been seriously misled when it comes to this well-documented and well-handled case.

False Claim 2: The so-called confession wasn’t until 6:00am.

No it wasn’t.

If Saul Kassin had actually read Amanda Knox’s first witness statement, he would have known that it was made at 1:45am. Knox had admitted that she was at the cottage when Meredith was killed some time before this.

False Claim 3: She was interrogated from 10:00pm to 6.00am.

No she wasn’t.

According to the Daily Beast Amanda Knox’s questioning began at about 11:00pm.

Since Knox was already at the police station [in the company of Raffaele Sollecito] the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m.

After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. That was it.

However, Amanda Knox herself then wanted to make further declarations and Mr Mignini who was on duty on the night sat and watched while Knox wrote out her declarations.

Mr Mignini explained what happened in his email letter to Linda Byron, another who was factually challenged.

All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.

In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.

But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful.

According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.

In Amanda Knox’s written witness statement, she explicitly states that she’s making a spontaneous declaration:

Amanda Knox: “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.

False Claim 4: They banged her on the back of the head.

No they didn’t.

All the numerous witnesses who were actually present when Amanda Knox was questioned, including her interpreter, testified under oath at trial in 2009 that she wasn’t hit. She has never identified anyone who hit her and on several occasions confirmed that she was treated well.

Even one of Amanda Knox’s lawyers, Luciano Ghirga, confirmed that Amanda Knox had not been hit: “There were pressures from the police but we never said she was hit.”  He never ever lodged a complaint.

False Claim 5: All the other British roommates left town.

No they didn’t.

The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. In chapter 19 of Death in Perugia, John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.

Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave.

False Claim 6 : Amanda Knox stayed back to help the police.

No she didn’t.

This claim is flatly contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy.

i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house

Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation (The Massei report, page 37),

I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight.

It’s not the first time that the myth that Knox chose to stay behind rather than leave Italy has been claimed in the media. And incidentally, lying repeatedly to the police isn’t normally considered to be helping them.

False Claim 7: Amanda Knox had gone 8 hours without any food or drink.

No she hadn’t.

Reported by Richard Owen in The Times, 1 March 2009

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.’

Reported by Richard Owen in The Times, 15 March 2009.

Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

John Follain in his meticulous book Death in Perugia, page 134, also reports that Knox was given food and drink during her questioning:

During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks including camomile tea.

False Claim 8: The translator was hostile towards Amanda Knox.

No she wasn’t.

Saul Kassin offers no evidence that the translator was hostile towards Amanda Knox and there is no evidence that this was the case. Nobody at the questura has claimed this. Amanda Knox’s own lawyers have not claimed this.

Even Amanda Knox herself has never ever claimed that Anna Donnino was hostile towards her although she had every opportunity to do so when being questioned on the stand.

False Claim 9: The translator was acting as an agent for the police.

No she wasn’t.

Saul Kassin offers no evidence to support this claim, which by the way in Italy is the kind of unprofessional charge that incurs calunnia suits. Do ask Curt Knox.

False Claim 10: The police lied to Amanda Knox.

No they didn’t.

The police didn’t mislead Amanda Knox. They told her quite truthfully that Sollecito was no longer providing her with an alibi, and that he had just claimed in the next interrogation room that she wasn’t at his apartment from around 9:00pm to about 1:00am. This also is the kind of unprofessional charge that incurs calunnia suits

Other claims by Kassin are also inaccurate. He claims that not one of your acquaintances had reported there was bad blood. That also is untrue. Even prior to the witness interrogation, law enforcement knew from multiple sources that you had been feuding with just about everyone. Acquaintances created no “new memory”. The bad blood you created was quite real. 

5. How Kassin Bends His Own Science To Make Results Come Out “Right”

Our main poster Fuji dug deeper into the science and turns up what is an obvious scientific fraud by Kassin to insert himself into the case.

Meredith’s case is absolutely riddled with fabricated false myths. 

They are now found by the hundreds on some misleading websites, and they simply make experienced law enforcement and criminal lawyers laugh. 

For example “Police had no good reason to be immediately suspicious of Knox simply because the murder occurred at her residence”.  And “The double-DNA knife is a priori to be disregarded as evidence, because no murderer would retain possession of such a murder weapon.”

One of the most strident and widespread myths is that Amanda Knox’s statements to the Perugian investigators on 5 and 6 November 2007, placing her at the scene of Meredith’s murder, are to be viewed as the products of a genuinely confused mind imbued with a naïve trust of authority figures.

The apparent certainty with which many of Amanda Knox’s most vocal supporters proclaim that Knox’s statements are actual “false confessions” as opposed to deliberate lies is not supported by even a cursory reading of the pertinent academic literature regarding false confessions.

What actually are “false confessions”?

Richard N. Kocsis in his book “Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences” (2009), on pages 193-4 delineates three different kinds of false confessions:

First, a voluntary false confession is one in which a person falsely confesses to a crime absent any pressure or coercion from police investigators….

Coerced-compliant false confessions occur when a person falsely confesses to a crime for some immediate gain and in spite of the conscious knowledge that he or she is actually innocent of the crime….

The final type, identified by Kassin and Wrightsman (1985), is referred to as a coerced-internalized false confession. This occurs when a person falsely confesses to a crime and truly begins to believe that he or she is responsible for the criminal act.

The first problem facing Knox supporters wishing to pursue the false confession angle as a point speaking to her purported innocence is epistemological.

Although much research has been done on this phenomenon in recent years, academics are still struggling to come to terms with a methodology to determine their incidence rate.

The current state of knowledge does not support those making sweeping claims about the likelihood of Knox’s statements being representative of a genuine internalized false confession.

As noted by Richard A. Leo in “False Confessions: Causes, Consequences, and Implications” (Journal of the American Academy of Psychiatry and the Law, 2009):

Although other researchers have also documented and analyzed numerous false confessions in recent years, we do not know how frequently they occur. A scientifically meaningful incidence rate cannot be determined for several reasons.

First, researchers cannot identify (and thus cannot randomly sample) the universe of false confessions, because no governmental or private organization keeps track of this information.

Second, even if one could identify a set of possibly false confessions, it is not usually possible as a practical matter to obtain the primary case materials (e.g., police reports, pretrial and trial transcripts, and electronic recordings of the interrogations) necessary to evaluate the unreliability of these confessions.

Finally, even in disputed confession cases in which researchers are able to obtain primary case materials, it may still be difficult to determine unequivocally the ground truth (i.e., what really happened) with sufficient certainty to prove the confession false.

In most alleged false-confession cases, it is therefore impossible to remove completely any possible doubts about the confessor’s innocence.

The next problem Knox supporters face is that, even allowing for an inability to establish a priori any likelihood of a given statement being a false confession, the kind of false confession which is usually attributed to Knox is in fact one of the LEAST likely of the three types (Voluntary, Compliant, and Persuaded, as Leo terms the three different categories) to be observed:

Persuaded false confessions appear to occur far less often than compliant false confessions.

Moreover, despite assertions to the contrary, Knox and her statements do not in fact satisfy many of the criteria researchers tend to observe in false confessions, particularly of the Persuaded variety:

“All other things being equal, those who are highly suggestible or compliant are more likely to confess falsely. Individuals who are highly suggestible tend to have poor memories, high levels of anxiety, low self-esteem, and low assertiveness, personality factors that also make them more vulnerable to the pressures of interrogation and thus more likely to confess falsely…

Highly suggestible or compliant individuals are not the only ones who are unusually vulnerable to the pressures of police interrogation. So are the developmentally disabled or cognitively impaired, juveniles, and the mentally ill….

They also tend to occur primarily in high-profile murder cases and to be the product of unusually lengthy and psychologically intense interrogations… ordinary police interrogation is not strong enough to produce a permanent change in the suspect’s beliefs.

Most significantly, there is one essential element of a true Persuaded False Confession which in Knox’s case is highly distinctive:

To convince the suspect that it is plausible, and likely, that he committed the crime, the interrogators must supply him with a reason that satisfactorily explains how he could have done it without remembering it.

This is the second step in the psychological process that leads to a persuaded false confession.

Typically, the interrogator suggests one version or another of a “repressed” memory theory.

He or she may suggest, for example, that the suspect experienced an alcohol- or drug-induced blackout, a “dry” blackout, a multiple personality disorder, a momentary lapse in consciousness, or posttraumatic stress disorder, or, perhaps most commonly, that the suspect simply repressed his memory of committing the crime because it was a traumatic experience for him.

The suspect can only be persuaded to accept responsibility for the crime if he regards one of the interrogators’ explanations for his alleged amnesia as plausible.

Knox did not in fact claim drug or alcohol use as the source of her amnesia - rather, she claimed to have accepted the interrogators’ attribution that this was due to being traumatized by the crime itself, and she offers no other explanation for her selective amnesia:

This is from Knox’s statement to the court in pretrial on 18 October 2008 with Judge Micheli presiding.

Then they started pushing on me the idea that I must have seen something, and forgotten about it. They said that I was traumatized.

Of course, Knox’s initial statement went far beyond being that of being merely a witness to some aspect of Ms. Kercher’s murder, as the interrogators at first seemed to believe was the case.

Rather, her statement placed her at scene of the murder during its actual commission while she did nothing to avert it, which naturally made her a suspect.

In other words, in the absence of any of her other testimony which indicated that she was only a witness to the murder, her own self-admitted rationale for providing a false confession was that she was traumatized by the commission of the murder itself.

Perugia judges will be familiar with all of the above and we can be sure that they brief the lay judges on the remote circumstances and incidences of false confessions.

If I were a Knox defense attorney, I would find it to be a far more fruitful line of argumentation to argue that she was simply lying, rather than claiming the supremely unlikely provision of an actual internalized false confession.

6. Kassin’s Paper with Correct Facts and Context Now Included

Here is our main poster BR Mull describing what actually took place.

On November 2, 2007, British exchange student Meredith Kercher was found sexually attacked and murdered in Perugia, Italy. The next day, 20-year-old Amanda Knox, an American student and one of Kercher’s roommates, became a person of interest, along with Meredith’s downstairs neighbors and several of her other acquaintances. Interviewing close contacts is a cornerstone of police work. Two of Meredith’s close English friends, who were so scared they couldn’t sleep alone, left Perugia in the immediate aftermath of the murder. Everyone else stayed on.

Months before arriving in Perugia, Knox received a citation for a noise violation when a going-away party she’d thrown for herself in Seattle got out of hand. One of the officers described it as a “scene from Baghdad.” Within about three weeks of moving into the cottage in Perugia, Knox was ejected from a nightclub for pouring her glass on the head of a disc jockey.

It’s often said that Knox had no motive to kill Meredith, but it was Knox’s claim of drug use which indicated a possible motive: a drug-fuelled assault. There are various others, though a motive is not actually required for conviction. In crime scene videos from the day Meredith’s body was discovered, Knox can be seen outside the cottage glancing furtively around. Still, it was not this and other odd behavior, but rather the many conflicting witness statements by Knox and her new Italian boyfriend, Raffaele Sollecito, that led police to believe Knox was involved and lying when she claimed she was with Sollecito at his home continuously on the night of November 1.

Police interviewed dozens of witnesses in the days after the murder, some more than once. All witness statements were written down and signed for, not recorded. The police interviewed Sollecito for the third time beginning at 10:40pm on November 5. Knox later testified that she voluntarily accompanied her boyfriend to the station, because she didn’t want to be alone. The police did not summon her. To the interviewers’ surprise, Sollecito repudiated his earlier alibi when shown phone records, and now said Knox had left his apartment for much of the evening. Some time after 11:00pm the police asked if they might interview Knox. An interpreter was called and by 1:45am Knox had given a signed statement that she had witnessed the sounds of her employer, bar owner Patrick Lumumba, murdering Meredith at the cottage.

In that statement she acknowledged that she had been given an interpreter, and that she herself was now officially a suspect. Knox later testified that she was treated well. She was offered snacks and drinks during the interview and afterward. Made aware that she could not be interrogated without a lawyer, but still anxious to put out as much information as possible, she then requested a chance to make a spontaneous statement without any questioning. The prosecutor on duty agreed, and she gave a statement in front of him very similar to her witness statement from hours earlier.

Knox and the police gave different accounts of how the 11:00 to 1:45 am interview was conducted. Police said Knox was told Sollecito now no longer confirmed her alibi and he had called her a liar. She now had no alibi. Sympathetic to her because Knox now had no alibi, the interpreter urged her to try to remember at least something.  Shown a text she had sent to Lumumba at 8:35pm saying “See you later. Have a good evening!” she was asked to explain this. The police say Knox started to cry and burst out, “It’s him! It’s him!”

Both Knox’s witness statement at 1:45 a.m and her voluntary suspect statement at 5:45am were written out in Italian and translated back to her before she signed. After Knox was formally taken into custody at midday on November 6, she asked for paper and wrote a slight modification of her earlier statements, adding: “In regards to this “˜confession’ that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”

Lumumba was arrested along with Knox and Sollecito. Knox and her mother held out on his non-involvement, but he was eventually determined to have a solid alibi. Another man, Rudy Guede, was identified through a hand print in Meredith’s bedroom. Knox appeared to have substituted Lumumba for Guede in her statements, and several details of the crime in her so-called confession were later corroborated by witnesses.

Because police had not needed to provide Knox with an attorney at the impromptu witness interview after 11:00, the Supreme Court ruled that statement inadmissible in the murder case against her. However both statements were ruled admissible in court for the purpose of establishing the crime of defamation against Patrick Lumumba. Knox’s November 6 letter was also ruled admissible.

Guede, the man whose DNA was found on the victim, told a friend while he was still on the run that he had found Meredith stabbed and that Knox had nothing to do with the murder. However, in the same conversation, which was recorded by police, he speculated that Knox and Sollecito might have been at the cottage. In a letter dated March 7, 2010, while his sentence was awaiting final confirmation by the Supreme Court, Guede wrote that Knox and Sollecito murdered Meredith. He reiterated this claim as a witness during Knox and Sollecito’s appeal.

Forensic police from Rome concluded that a kitchen knife found in Sollecito’s apartment had Knox’s DNA on the handle and Meredith’s DNA on the blade. Sollecito’s DNA was on the victim’s bra clasp in Meredith’s locked bedroom.

Several eyewitnesses came forward. Three neighbors testified that they heard a disturbance around 11:30pm in the vicinity of the cottage. A homeless man who at appeal admitted heroin use was reading a newsmagazine at the basketball court near the cottage. He testified that he saw Knox and Sollecito four or five times that night. An Albanian, a possible drug dealer. who the Massei court deemed unreliable after the Micheli court accepted him, said he had seen all three suspects together, and that Knox had accosted him with a knife. A grocery store owner testified he saw Knox at his shop early on the morning after the murder.

The conflicting alibis of the two were never resolved during trial. On December 4, 2009, an eight-person panel consisting of two professional judges and six lay judges found Amanda Knox and Raffaele Sollecito guilty of murder aggravated by sexual assault, simulation of a burglary, unlawful carrying of a knife and, in Knox’s case, criminal defamation of Patrick Lumumba. The two were sentenced to 26 and 25 years in prison, respectively….

Knox’s mother later described her daughter as “oblivious to the dark side of the world.” Knox herself wrote that, on the night of the murder, she and Sollecito were talking about his mother’s suicide. She told him her philosophy was “life is full of choices and that these choices are not necessarily between good and evil, but between what’s better and what’s worse.”...

7. Our Concluding Advice

You simply didnt remotely fit Kassin’s own profile of those who break easily under interrogation and make things up. Your suspect interrogation was gentle, brief and considerate, as you have said, and didnt remotely fit Kassin’s claims. And of course, you never made a false confession on that night or any other.

Do you really want this guy or yourself cross-examined on the stand? Again, it may be the last good time to try to walk all of your malicious invention back.


[Saul Kassin with President Travis of John Jay College who lets the false anti-Italy allegations stand]


Saturday, June 01, 2013

Updating Our Scenarios And Timelines #1: The Timing Of RS Phone Events By Coordinated Universal Time

Posted by Cardiol MD





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Updating our scenarios

TMJK’s core focus has long been upon “What happened at 7 Via della Pergola, in Perugia, on the night of November 1-2, 2007?”

Over the last 4+ years, more than 20 TJMK posts, with more than 400 comments, have addressed the subject of possible scenarios and timelines for those events. They represent a lot of thought and many are worth reading if you haven’t come across them before.

This post is the first in a series that will reappraise the more probable speculations, using the current state of our information.

Coordinated Universal Time

Because our objective knowledge of the actual events is inherently limited, but the cumulative evidence is overwhelmingly large, each post will focus on a different aspect of that evidence, starting with the most reliable, accurate, and precise facts ““ the UTC Telephone Traffic Records created by the telephone systems of Italy, the USA, and the UK.

UTC [Coordinated Universal Time], “”¦is used for civil timekeeping all over the Earth’s surface”¦”

Therefore, for example, the timings of the mobile-phone, and landline-phone calls between Sollecito, in Perugia, Sollecito’s father Francesco, in Bari, and Sollecito’s sister, in Puglia, are precisely recorded ““ their Start, End, and Duration timings ““ but not their content. The Locations of the phones at those times are also detectable.

It’s almost as if the phone-users are wearing criminal-offender ankle-monitors.

The same goes for all the other civil-calls relevant here, including those between Knox, in Perugia, and her mother in Seattle.

As will be demonstrated, Knox & Sollecito falsehoods are decisively exposed as such by UTC and there are many open questions which they havent yet been made to confront.

Coordinated timekeeping is crucial. Uncoordinated timekeeping can result in the reporting of events before they have even occurred.

For example there were extensive extrajudicial arguments about the time-of-arrival of the Postal Police. I counted over 100 refs to this in the various books about the murder.

RS phone records for around1 Nov

Here is the UTC-recorded Telephone Traffic of Raffaele Sollecito’s mobile phone beginning with the entire day of Thursday 1.11.07 [from Massei Translation beginning p. 318]:

− 00:00:39 an outgoing call, just after midnight

− 00:57 an incoming SMS 319

− 14:25 an incoming call which lasted 58 seconds

− 16:50 an incoming call, coming from the mobile phone of the father, lasting 214 sec.

− 16:56 another call from the father (64 sec.)

− 20:42:56 call from the father (221 seconds):

This last is the conversation which Dr. Francesco Sollecito referred to, made at the end of the film he had just seen in the cinema, which the father recommended to the son, at which point Raffaele informed his father of the problem with the water leak in the kitchen.

The whole water-leak story is based on statements from the Defendants and their familial relatives. There is no separate proof.

Open questions:  Is this story an elaborate, and so-far successful, obfuscation?  What leaked? What stopped the leak?  Is the water-leak story linked to the knife? Is it linked to the time-of-death.

More open questions:  The incriminating kitchen-knife was scrubbed-clean? Well, almost.  Where was it scrubbed? When was it scrubbed? It was assumed the knife was scrubbed in Sollecito’s sink.

Suppose (as TJMK reader Domingo recently conjectured): “they deliberately disconnected the u-bend tube to make sure that it was cleaned out and that there was no DNA residue trapped there”¦” and that they did have difficulty reconnecting it properly, hence the leak.”

That would be AFTER the murder.  While trying to eliminate DNA-residue, that residue would now be all over the floor of a place Meredith had never been.  Hence the elaborate obfuscation?

Would Father Sollecito agree to indicate that the water-leak had occurred BEFORE the murder? Of course he would. From the Massei Report with regard to the day of Friday 2.11.07

− 06:02:59 Sollecito Raffaele received the SMS from his father wishing him a good night; from the evidence of the mobile phone record printouts of Dr Francesco Sollecito, it was shown that the sending of the message occurred at, as has been said, 23:41:11 of 1.11.07. This was the last SMS sent from that mobile phone during the whole day of 1.11.07 [page 342]

Here is Amanda Knox, in the e-mail dated Saturday 4 November 2007: “We did not go out.”

Soon thereafter, she and Raffaele also left and went to Raffaele’s house”š to watch a movie, have dinner and spend the evening and the night at home (written re night of Thurs Nov. 1-2, 2007 [Massei p.63] “

Here, spontaneously, not under any alleged police pressure, Knox publicises her alibi.

− [Friday] 09:24 AM Raffaele Sollecito received a phone call from his father lasting 248 seconds.

Open questions:  What were Raffaele and his father discussing that morning for over 4 minutes? Didn’t Raffaele know they had killed Meredith? Weren’t the phones already dumped? Wasn’t the break-in already faked? Hadn’t the clean-up been in-progress?

In Honor Bound (Kindle Locations 400-403). Sollecito acknowledges this call, writing: 

“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 crawled back under the covers.”

− [Friday] 09:29 another call was received lasting 38 seconds.

Open question:  What were Raffaele and his father discussing now?

− [Friday] 09:30 the father called Raffaele; the call connected to the Vial Belardi sector 7 cell (the best server cell for Corso Garibaldi 30)

No apparent response ““ and probably not a private-signal.

- [Friday] 12:35: Raffaele’s mobile phone contacted a service centre for a phone [credit] recharge (the cell used was that of Piazza Lupattelli sector 7, which gives coverage to the little house on Via della Pergola 7. The signal in question does not reach Corso Garibaldi 30, which instead is served by the signal from Piazza Lupattelli sector 8)

− [Friday] 12:38: Vodafone sent a message of confirmation of phone [credit] recharge (Piazza Lupattelli sector 7 cell, good for Via della Pergola 7)

− [Friday] 12:40: incoming call from the father’s mobile phone (lasting 67 seconds; connection through Piazza Lupattelli sector 7 cell, compatible with the Sollecito’s presence near the little house)

Open question:  What were Raffaele and his father discussing now?

− [Friday] 12:50:34 outgoing call directed at mobile phone 347-1323774 belonging to Vanessa Sollecito, sister of the defendant; duration 39 seconds. Connection to Piazza Lupattelli sector 7 cell 320

Open question:  What were Raffaele and Vanessa discussing ?

− [Friday] 12:51:40 Raffaele Sollecito called “š112”› to inform the Carabinieri of the presumed theft in Romanelli’s room (duration 169 seconds; connection to Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell, which covers Via della Pergola 7)

− [Friday] 12:54: a second call by Raffaele to “š112”› (57 sec.; connection to Piazza Lupattelli sector 7 cell)

− [Friday] 13:40:12: incoming call from the father (94 sec.; Via dell’Aquila 5-Torre dell’Acquedotto sector 1 cell)

− [Friday] 13:50: the father called for 178 seconds (Piazza Lupattelli sector 7 cell) [343]

Open question:  What were Raffaele and his father discussing for 3 minutes now?

− [Friday] 14:33: the father called for 21 seconds (as above)

Open question:  What were Raffaele and his father discussing now?

− [Friday] 17:01: the father called for 164 seconds; cell used is that of Via Cappucinelli 5/A sector 2, corresponding to the location of the Perugia Police Station .

Open question:  What were Raffaele and his father discussing now?

− [Friday] 17:42: the father called for 97 seconds (as above).

Open question:  What were Raffaele and his father discussing now?

With regard to Raffaele Sollecito’s landline home phone (No. 075-9660789)

− on [Wednesday] 31.10.07 Raffaele received *a call+ from the father’s fixed line (No. 080-3958602) at 22:14 for 44 seconds

− on [Thursday] 1.11.07 *he+ called the father’s house at 00:02:41 for 262 seconds

− on [Saturday] 3.11.07 at 14:16 note was made of two attempted incoming calls from the father’s fixed line.

For the entire day of Thursday 1 November and then of Friday 2 November, Raffaele Sollecito’s fixed line was not affected by any calls, either incoming or outgoing. “

(To be continued.)


Wednesday, May 22, 2013

Seeds Of Betrayal: Sollecito Twice More Implies Evidence Against Knox Much Stronger Than Against Him

Posted by Peter Quennell



Above and below are two videos of TV interviews in the past few days which will give real weapons to the prosecution coming up.

Nobody who is innocent ever needs to lie to contradict a huge amount of evidence to the contrary. At the 2009 trial and the 2011 annulled appeal, Sollecito was kept carefully circumscribed by his own lawyers.

Giulia Bongiorno was often observed firmly making him toe a line. If she liked him, it sure never showed, and she had little response when some fairly disgusting things about him came out.

Sollceito’s spontaneous interventions in court made him look whiny and guilty and never did him any good, and unlike Knox he was never game to be cross-examined by the prosecution on the stand.

But since his release, in his interviews and especially in his self-serving book, he has done his level best to convince the world “I saved Knox!!”.

In both videos, he is repeating the same false claim which has already landed him in such legal trouble in Italy. It is that a desperate Knox needed his support, and he gave it (despite illegal prosecution pleas) without considering the cost to himself. 

These questions and these questions and these questions are what competent interviewers could and should have asked.  But of course, the silly TV interviewers on NBC Today and KOMO TV in Seattle each nod happily and just wilt. 

Here are our takes on the sub-texts of Sollecito’s claim to have selflessly saved Knox. 

(1) That the prosecution had a weak case against RS or AK

Those tuning in after 2009 might think so, but in the first half of 2009 the prosecution’s case was smooth, fast and brilliant in the extreme. They figured out a way to get Knox on the stand and to hang herself in her own words.

In contrast, the defense phase late 2009 was halting and uncertain and often with daggers drawn. It never once landed a blow. Defense counsel didnt always turn up, and there were hints that two of them (Bongiorno and Ghirga) might walk.

At the end, of course, the prosecution got a unanimous verdict and all they wanted, less a few years off the sentences for supposed kindness shown to Meredith by the killers. The trial report was praised this past March by the Supreme Court.

The evidence against Sollecito was quite overwhelming (false alibis,  computer inactivity,  mobile phone inactivity,  a credible eye-witness,  DNA in Meredith’s room, and of course this on his footprint in Meredith’s blood. Also read this list of lies Sollecito had already told by April 2009.

The prosecution was legally barred from offering any deals, but even in their dreams here, they had zero need.

(2) That Sollecito was loyal to Knox after 6 November 2007

It never happened, as Knox herself knows. Read this astonishing transcript here in which Sollecito’s father is making quite clear what Sollecito must do. Sollecito thereafter separated himself repeatedly from Knox in court and online..

On 6 November 2007 at his witness interview Sollecito cracked fast and turned on Knox, painting her as a liar who had made things up. She then accidentally gave him quite a break, by implicating Patrick instead of him.

Knox has clearly been bothered by this disloyalty ever since. She has tried both to pull him in and to push him away.

In her cell, she pondered whether he was the real killer. She later wrote Sollecito some love letters and once rather desperately asked to meet. And then just the other day she really barked.

When Sollecito’s lawyer Giulia Bongiorno for the first time EVER showed some tolerance for Amanda Knox it was 11 months into the trial and it caused many heads to be scratched.


The code throughout which Sollecito never once broke from was never “honor bound”. It was to throw Knox under the bus. Reporters should confront him hard on this.


Saturday, May 18, 2013

Seeds Of Betrayal: In Interview Knox Reveals To Italy Her Considerable Irritation With Sollecito

Posted by The TJMK Main Posters





For some odd reason, Amanda Knox has decided she is not loved enough in Italy.

Could it be because she is widely seen to have lied her way through trial, came across as loud, self-absorbed and callous in her 2009 testimony and court interventions, served three years for framing her her kindly employer, was reported as being just as grubby and tin-eared and sharp-elbowed as ever in prison, slimed Italy though her cohorts in much of the English-language media after her 2011 release, and has now written an illegal blood-money book which once again slams a benign Italy?

In particular it slams the justice system, one of the most popular and trusted institutions in Italy, and its officers of the court, with more proven lies and contradictions with past testimony being unearthed daily. 

Apparently in Knox’s mind it was all really Guede’s and Sollecito’s faults.

It was they who tarnished her image. Here in an interview in the current Oggi (which appears just as in contempt of court as last week’s Oggi article now the subject of a criminal investigation) she sets Italians straight.

Translation here was by our main poster Miriam, who is herself in Italy - and in disgust.

AMANDA KNOX: ITALIANS; WHY DON’T YOU BELIEVE ME?

Amanda Knox answers the phone with a bright voice and no signs of fatigue. Strange. She is a veteran of a promotional tour that would have knocked-out a bison. Her book “Waiting to be heard” is selling like mad [it is?] but it will not be published in Italy: our publishers have a - sound - suspect that it would set off a number of complaints for defamation, and they have decided to not publish it.

“I’m sorry” she says. “The Italians believe that I am full of hate for them, but if they had the opportunity to read my book they would discover that there is not a trace of anger in it. It hurts that so many believe that I am guilty, that I wrote the book out of arrogance, for money. It is not true.” Says Knox venting her frustration.

Following the Cassazione’s decision on March 26 to redo the appeal process - which had absolved Amanda and Rafaele Sollecito - the British publishers also pulled back.

“They asked me if I wanted to postpone the book launch. But it is my turn to talk now, and I do not intend to alter my story just because somebody threatens to sue me.” Amanda is nothing if not pugnacious.  “Compared to how I was before I came to Perugia, I am quieter, even timid. My family is disappointed: the sunny happy Amanda no longer exists.”

Your personality - the way you reacted to Meredith’s death - caused you many problems at the time.

“People involved in a tragedy can react in many different ways, and your behavior can be manipulated to reinforce the idea that you are the one who is guilty.”

What are you referring to?

“To the infamous images taken outside of the small villa on the day Meredith’s lifeless body was found. Those images were cut and obsessively repeated, so as to only show Raffaele and me kissing.” The message was clear: “their friend is dead and all those two think about is kissing.”

What were you feeling at that moment?

“I hadn’t understood what had happened; I had not accepted the fact that Meredith had died in such a terrible way. I felt lost and sad. I was desperately trying to understand. Raffaele kissed me to console me: since I did not speak Italian yet, there was a linguistic barrier between us that prevented us from giving each other verbal support. And then, to re-enforce the strangeness of my behavior, there was the contrast of the cries of my roommate Filomena Romanelli. She is Italian, she had understood. She had seen Meredith’s room, the body, the blood. Not me: I was in total confusion.”

In the book, Honor Bound, Sollecito writes that your behavior that day was “embarassing”

“I don’t think he was embarrassed . I can understand that he would find me “clingy”. I depended on him completely; I was absolutely clingy. However, he knew how they were looking at us, while I hadn’t considered at all how people might have judged us. I was simply reacting in my lost and disoriented way.”

One of the PMs believes that Guede didn’t act alone. Could he have had an accomplice?

“I can only base my opinion on what the prosecution brought to court.”

And?

“They found another person’s DNA in Meredith’s room, a person that has never been identified. A smaller amount of DNA than Rudy’s. There is Guede’s bloody handprint on the wall, his footprint, his DNA on Meredith’s body. This evidence leads me to believe he acted alone.”

John Kercher, Meredith’s dad, maintains that his daughter had studied karate as a child, and that she would have fought to survive. He believes one man would not have been able to subdue her.

“Of course Meredith fought, but what could she have done against an armed man? Rudy is athletic, and is not small. Mez was minute, she maybe weighed 54 kgs, what good could have Karate done her? Even a man if faced against the likes of Guede, armed with a knife, would not have stood a chance.”

How do you explain Rudy’s calm countenance during the trial? Before being arrested he had told a friend - Giacomo Benedetti - on Skye that you and Raffaele had nothing to do with the murder. After being arrested he started accusing you.

“Yes, it is a strange coincidence. I do not know if he changed his story based on his own ideas or those of his lawyers or the prosecution. I only know that after his story changed, the PM began calling him “poor Rudy” to demonstrate how fragile he was, and consequently how easily manipulated by me.”

When and why did you break up with Raffaele?

“When he “broke” my alibi (during a police questioning, Raffaele claimed to not remember if Amanda had left the house the night of the murder, editor’s note.) It was a shock for me.”

“A shock that combined with the fact that we did not communicate for a long time while in prison erased my feelings for him. In prison I had to focus on survival and put love aside.”

Back in Seattle, James Terrano became your boyfriend.

“We had been together in university. While I was in prison, we wrote a lot, but just as friends. When I came back home, we began looking at each other differently.”

Do you live with James?

“No. At first, I lived with a friend (Madison Paxton, who had moved to Perugia to be closer to her, editor’s note) now I live alone. James is often at my place, we’re very close, but we don’t live together.”

Did you see a psychiatrist to get over your prison experience?

“Only once, I started crying and never went back. I talk with my friends and with my family; I don’t need an “external consultant.” Writing the book was extremely helpful; I freed myself of all my anger and my wounds.”

What will you do now?

“I took a break from university to write my book; I’m going to go back and would like to graduate next year. I would also like to write other books, if I can afford do. My financial future is very uncertain.”

But everyone says the advance on the book was fantastic.

“I’ll just say that I still have not been able to meet my first goal: repay my family for all expenses incurred in defending and staying close to me.” (One and a half million dollars, editor’s note)

People have also mentioned a movie.
..
“I’ve heard the same. I don’t know how being on the set would be; perhaps not as terrible as I imagine.”

Is there anything you regret?

“Yes. I regret not having immediately contacted Meredith’s family, of not having expressed my feelings and sorrow to them. At the beginning, perhaps, it would have been possible. It hurts to know that John Kercher believes I’m guilty, and that this belief is based on faulty information. I had hoped that once absolved, the Kerchers would have believed me. But that didn’t happen.

Maybe the new trial will draw out the truth

“That is up to Rudy, but I doubt he will do it.”

In May 2014, Rudy could receive the first permit allowing him to enjoy a few days out of prison.

“That’s crazy. It’s simply insane for them to let a guilty man loose because they refuse to admit they were wrong about me.”



Yes Rudy! What about that? Why did Knox’s own lawyers and the Supreme Court accept that overwhelming evidence proved three people did it?

And why did you say she did it? And why do her own parents believe she did it? How did you accomplish those tricks? Amanda says: speak up.












Thursday, May 16, 2013

Knox’s Interrogation: A Major Contradiction Between Knox’s Book And Her Trial Testimony

Posted by James Raper





Amanda Knox now faces the prospect of not one but two trials where her claims in the book will become a real minefield to the defense and a major plus for the prosecutions.

If she goes back for the trials she may or may not get up on the stand, but either way she may blow it. If she doesn’t go back, she will indeed blow it in the eyes of the courts and it will be hard to escape guilty verdicts.

This post describes a particularly dangerous part of this minefield which seems quite certain to preoccupy both courts. It is about what actually happened on the 5th November 2007 when Amanda Knox was questioned at the central police station.

The police had called her boyfriend Raffaele Sollecito in to the station for questioning and Knox had accompanied him because she did not want to be alone. They had already eaten at the house of a friend of Sollecito’s.

Knox’s interrogation was not tape recorded and in that sense we have no truly independent account of what transpired. The police, including the interpreter, gave evidence at her trial, but we do not yet have transcripts for that evidence other than that of the interpreter. There are accounts in books that have been written about the case but these tend to differ in the detail. The police and the interpreter maintain that she was treated well. Apart from the evidence of the interpreter all we have is what Knox says happened, and our sources for this are transcripts of her trial evidence and what she wrote in her book. I shall deal with the evidence of the interpreter towards the end of this article.

I am going to compare what she said at trial with what she wrote in her book but also there was a letter she wrote on the 9th and a recording of a meeting with her mother on the 10th November which are relevant.. What she wrote in her book is fairly extensive and contains much dialogue. She has a prodigious memory for detail now which was almost entirely lacking before.  I am going to tell you to treat what she says in her book with extreme caution because she has already been found out for, well let us say, her creative writing if not outright distortion of facts. I shall paraphrase rather than quote most of it but a few direct quotes are necessary.

Knox arrived with Sollecito at the police station at about 10.30 pm (according to John Follain). The police started to question Sollecito at 10.40 pm (Follain).

In her book Knox describes being taken from the waiting area to a formal interview room in which she had already spent some time earlier. It is unclear when that formal questioning began. Probably getting on for about 11.30pm because she also refers to some questions being asked of her in the waiting room following which she did some stretches and splits. She then describes how she was questioned about the events over a period from about the time she and Sollecito left the cottage to about 9 pm on the 1st November.

Possibly there was a short break. She describes being exhausted and confused. The interpreter, Knox says, arrived at about 12.30 am. Until then she had been conversing with the police in Italian.

Almost immediately on the questioning resuming -

“Monica Napoleoni, who had been so abrupt with me about the poop and the mop at the villa, opened the door. “Raffaele says you left his apartment on Thursday night,” she said almost gleefully. “He says that you asked him to lie for you. He’s taken away your alibi.””

Knox describes how she was dumfounded and devastated by this news. She cannot believe that he would say that when they had been together all night. She feels all her reserves of energy draining away. Then -

“Where did you go? Who did you text?” Ficarra asked, sneering at me.

“I don’t remember texting anyone.”

They grabbed my cell phone up off the desk and scrolled quickly through its history.

“You need to stop lying. You texted Patrick. Who’s Patrick?”

“My boss at Le Chic.”

Stop right there.

How were the police able to name the recipient of the text? The text Patrick had sent her had already been deleted from Knox’s mobile phone by Knox herself and Knox hasn’t yet named Patrick. In fact she couldn’t remember texting anyone.

It is of course probable that the police already had a log of her calls and possibly had already traced and identified the owner of the receiving number for her text, though the last step would have been fast work.

In her trial testimony Knox did a lot of “the police suggested this and suggestd that” though it is never crystal clear whether she is accusing the police of having suggested his name. But she is doing it here in her book and of course the Knox groupies have always maintained that it was the police who suggested his name to her.

The following extract from her trial testimony should clear things up. GCM is Judge Giancarlo Massei.

GCM: In this message, was there the name of the person it was meant for?

AK: No, it was the message I wrote to my boss. The one that said “Va bene. Ci vediamo piu tardi. Buona serata.”

GCM: But it could have been a message to anyone. Could you see from the message to whom it was written?

AK: Actually, I don’t know if that information is in the telephone”¦”¦”¦”¦”¦”¦”¦..

GCM : But they didn’t literally say it was him!

AK : No. They didn’t say it was him, but they said “We know who it is, we know who it is. You were with him, you met him.”

GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?”

AK : Well, first I started to cry…....

And having implied that it was the police who suggested Patrick’s name to her, she adds”¦.. that quote again -

“You need to stop lying. You texted Patrick. Who’s Patrick?”

“My boss at Le Chic.”

Here she is telling the Perugian cops straight out exactly to whom the text was sent. “My boss at Le Chic”.

But that does not quite gel with her trial testimony -

And they told me that I knew, and that I didn’t want to tell. And that I didn’t want to tell because I didn’t remember or because I was a stupid liar. Then they kept on about this message, that they were literally shoving in my face saying “Look what a stupid liar you are, you don’t even remember this!”

At first, I didn’t even remember writing that message. But there was this interpreter next to me who kept saying “Maybe you don’t remember, maybe you don’t remember, but try,” and other people were saying “Try, try, try to remember that you met someone, and I was there hearing “Remember, remember, remember…..

Doesn’t the above quote make it clear that the police were having considerable trouble getting Knox to tell them to whom her text message was sent? It would also explain their growing frustration with her.

But perhaps the above quote relates not to whom the text was sent but, that having been ascertained, whether Knox met up with that person later? Knox has a habit of conflating the two issues. However there is also the following quote from her trial testimony -

Well there were lots of people who were asking me questions, but the person who had started talking with me was a policewoman with long hair, chestnut brown hair, but I don’t know her. Then in the circle of people who were around me, certain people asked me questions, for example there was a man holding my telephone, and who was literally shoving the telephone into my face, shouting “Look at this telephone! Who is this? Who did you want to meet?”

Then there were others, for instance this woman who was leading, was the same person who at one point was standing behind me, because they kept moving, they were really surrounding me and on top of me. I was on a chair, then the interpreter was also sitting on a chair, and everyone else was standing around me, so I didn’t see who gave me the first blow because it was someone behind me, but then I turned around and saw that woman and she gave me another blow to the head.

The woman with the long hair, chestnut brown hair, Knox identifies in her book as Ficarra. Ficarra is the policewoman who started the questioning particularly, as Knox has confirmed, about the texted message. “Look at this telephone! Who is this? Who did you want to meet?” Again, surely this is to get Knox to identify the recipient of the text, not about whether she met up with him?






In the book though, it is all different.

In the book, the police having told her that the text is to someone called Patrick, Knox is a model of co-operation as, having already told them that he is her boss at Le Chic, she then gives a description of him and answers their questions as to whether he knew Meredith, whether he liked her etc. No reluctance to co-operate, no memory difficulties here.

Notwithstanding this, her book says the questions and insinuations keep raining down on her. The police insist that she had left Sollecito’s to meet up with - and again the police name him - Patrick.

“Who did you meet up with? Who are you protecting? Why are you lying? Who’s this person? Who’s Patrick?”

Remember again, according to her trial testimony the police did not mention Patrick’s name and Knox still hasn’t mentioned his name. But wait, she does in the next line -

“I said “Patrick is my boss.””

So now, at any rate, the police have a positive ID from Knox regarding the text message and something to work with. Patrick - boss - Le Chic.

Knox then refers to the differing interpretations as to what “See you later” meant and denies that she had ever met up with Patrick that evening. She recalls the interpreter suggesting that she was traumatized and suffering from amnesia.

The police continue to try to draw an admission from Knox that she had met up with Patrick that evening - which again she repeatedly denies. And why shouldn’t she? After all, she denies that she’s suffering from amnesia, or that there is a problem with her memory. The only problem is that Sollecito had said she had gone out but that does not mean she had met with Patrick.

Knox then writes, oddly, as it is completely out of sequence considering the above -

“They pushed my cell phone, with the message to Patrick, in my face and screamed,

“You’re lying. You sent a message to Patrick. Who’s Patrick?”

That’s when Ficarra slapped me on my head.”

A couple of blows (more like cuffs) to the head (denied by the police) is mentioned in her trial testimony but more likely, if this incident ever happened, it would have been earlier when she was struggling to remember the text and to whom it had been sent. Indeed that’s clear from the context of the above quotes.

And this, from her trial testimony -

Remember, remember, remember, and then there was this person behind me who—it’s not that she actually really physically hurt me, but she frightened me.”

In the CNN TV interview with Chris Cuomo, Knox was asked if there was anything she regretted.

Knox replied that she regretted the way this interrogation had gone, that she wished she had been aware of her rights and had stood up to the police questioning better.

Well actually, according to the account in her book, she appears to have stood up to the police questioning with a marked degree of resilience and self- certainty, and with no amnesia. There is little of her trademark “being confused”. 

So why the sudden collapse? And it was a sudden collapse.

Given the trial and book accounts Knox would have us think that she was frightened, that it was due to exhaustion and the persistent and bullying tone of the questioning, mixed with threats that she would spend time in prison for failing to co-operate. She also states that -

(a) she was having a bad period and was not being allowed to attend to this, and

(b) the police told her that they had “hard evidence” that she was involved in the murder.

Knox has given us a number of accounts as to what was actually happening when this occurred.

In a letter she wrote on the 9th November she says that suddenly all the police officers left the room but one, who told her she was in serious trouble and that she should name the murderer. At this point Knox says that she asked to see the texted message again and then an image of Patrick came to mind. All she could think about was Patrick and so she named him (as the murderer).

During a recorded meeting with her mother in Capanne Prison on the 10th November she relates essentially the same story.

In her book there is sort of the same story but significantly without mention of the other officers having left the room nor mention of her having asked to see the texted message again.

If the first two accounts are correct then at least the sense of oppression from the room being crowded and questions being fired at her had lifted.

Then this is from her book -

In that instant, I snapped. I truly thought I remembered having met somebody. I didn’t understand what was happening to me. I didn’t understand that I was about to implicate the wrong person. I didn’t understand what was at stake. I didn’t think I was making it up. My mind put together incoherent images. The image that came to me was Patrick’s face.  I gasped. I said his name. “Patrick””it’s Patrick.

It’s her account, of course, but this “Patrick - It’s Patrick” makes no sense at this stage of it unless it’s an admission not just that she had met up with Patrick but that he was at the cottage and involved in Meredith’s death.

And this is from her trial testimony -

GCM : Now what happened next? You, confronted with the message, gave the name of Patrick. What did you say?

AK : Well, first I started to cry. And all the policemen, together, started saying to me, you have to tell us why, what happened? They wanted all these details that I couldn’t tell them, because in the end, what happened was this: when I said the name of Patrick I suddenly started imagining a kind of scene, but always using this idea: images that didn’t agree, that maybe could give some kind of explanation of the situation.

There is a clear difference between these two quotes.

The one from her book suggests that she was trying hard but that the police had virtually brought her to the verge of a mental breakdown.

Her trial testimony says something else; that a scene and an idea was forming in her mind brought on by her naming of Patrick.

In her book she states that a statement, typed up in Italian, was shoved under her nose and she was told to sign it. The statement was timed at 1.45 am. The statement was not long but would probably have taken about twenty minutes to prepare and type.

The statement according to Knox -

... I met Patrick immediately at the basketball court in Piazza Grimana and we went to the house together. I do not remember if Meredith was there or came shortly afterward. I have a hard time remembering those moments but Patrick had sex with Meredith, with whom he was infatuated, but I cannot remember clearly whether he threatened Meredith first. I remember confusedly that he killed her.

The fact that the statement was in Italian is not important. Knox could read Italian perfectly well. However she does insinuate in the book that the details in the statement were suggested to her and that she didn’t bother to read the statement before signing.

Apart from what has been mentioned above, there are some other points and inferences to be drawn from the above analysis.

    1.  Knox’s account destroys one of Sollecito’s main tenets in his book Honour Bound. Sollecito maintains that he did nothing to damage Knox’s alibi until he signed a statement, forced on him at 3:30 am and containing the damaging admission that Knox had gone out. But Knox makes it clear that she had heard from the Head of the Murder Squad that he had made that damaging admission, at or shortly after 12.30 am. Or is Knox is accusing Napoleoni of a bare-faced lie?

    2.  It is valid to ask why Knox would not want to remember to whom the text had been sent. Who can see into her mind? Perhaps Knox realized that discussion of it would confirm that if she had indeed gone out then it was not to Le Chic, where she was not required. However even if she thought that could put her in the frame it’s not what an innocent person would be too worried about. Perhaps she did just have difficulty remembering?

    3.  If there was no fuss and she did remember and tell the police that the text was to Patrick, and the questioning then moved on to whether she met up with Patrick later that evening, what was the problem with that? She knew the fact that she hadn’t met up with him could be verified by Patrick. She could have said that and stuck to it. The next move for the police would have been to question Patrick. They would not have had grounds to arrest him.

    4.  Knox stated in her memorial, and re-iterates it in her book, that during her interrogation the police told her that they had hard evidence that she was involved in Meredith’s murder. She does not expand on what this evidence is, perhaps because the police did not actually tell her. However, wasn’t she the least bit curious, particularly if she was innocent? What was she thinking it might be?

    5.  I can sympathise with any interviewee suffering a bad period, if that’s true. However the really testy period of the interview/interrogation starts with the arrival of the interpreter, notification of Sollecito’s withdrawal of her alibi and the questioning with regard to the text to Patrick, all occurring at around 12.30 am.  There has to be some critical point when she concedes, whether to the police or in her own mind,  that she’d met “Patrick”, after which there was the questioning as to what had happened next. Say that additional questioning took 20 minutes. Then there would be a break whilst the statement is prepared and typed up. So the difficult period for Knox, from about 12.30 am to that critical point, looks more like about 35 to, at the outside, 50 minutes.

    6.  Even if, for that period, it is true that she was subjected to repeated and bullying questions, and threats, then she held up remarkably well as I have noted from her own account. It does not explain any form of mental breakdown, let alone implicating Patrick in murder. In particular, if Knox’s letter of the 9th and the recording of her meeting with her mother on the 10th are to believed, that alleged barrage of questions had stopped when she implicated Patrick.  An explanation, for what it’s worth, might be that she had simply ceased to care any longer despite the consequences. But why?

    7.  A better and more credible explanation is that an idea had indeed formed suddenly in her mind. She would use the revelation about the text to Patrick and the consequent police line of questioning to bring the questioning to an end and divert suspicion from her true involvement in the murder of Meredith Kercher. She envisaged that she would be seen by the police as a helpless witness/victim, not a suspect in a murder investigation. As indeed was the case initially.  She expected, I am sure, to be released, so that she could get Sollecito’s story straight once again. If that had happened there would of course remain the problem of her having involved Patrick, but I dare say she thought that she could simply smooth that over - that it would not be a big deal once he had confirmed that there had been no meeting and that he had not been at the cottage, as the evidence was bound to confirm.

At the beginning I said that we also have a transcript now of the evidence of the interpreter, Anna Donnino. I will summarise the main points from her evidence but it will be apparent immediately that she contradicts much of what Knox and her supporters claim to have happened.

Donnino told the court that she had 22 years experience working as a translator for the police in Perugia. She was at home when she received a call from the police that her services were required and she arrived at the police station at just before 12.30 am, just as Knox said. She found Knox with Inspector Ficarra. There was also another police officer there whose first name was Ivano. At some stage Ficarra left the room and then returned and there was also another officer by the name of Zugarina who came in. Donnino remained with Knox at all times

The following points emerge from her testimony :-

    1. Three police officers do not amount to the “lots of people” referred to in Knox’s trial testimony, let alone the dozens and the “tag teams” of which her supporters speak.

    2. She makes no mention of Napoleoni and denied that anyone had entered the room to state that Sollecito had broken Knox’s alibi. (This is not to exclude that this may have happened before Donnino arrived)

    3. She states that Knox was perfectly calm but there came a point when Knox was being asked how come she had not gone to work that she was shown her own text message (to Patrick). Knox had an emotional   shock, put her hands to her ears and started rolling her head and saying “It’s him! It’s him! It’s him!”

    4. She denied that Knox had been maltreated or that she had been hit at all or called a liar.

    5. She stated that the officer called Ivano had been particularly comforting to Knox, holding her hand occasionally.

    6. She stated that prior to the 1.45 am statement being presented to Knox she was asked if she wanted a lawyer but Knox said no.

    7. She stated that she had read the statement over to Knox in english and Knox herself had checked the italian original having asked for clarification of specific wording.

    7. She confirmed that that she had told Knox about an accident which she’d had (a leg fracture) and that she had suffered amnesia about the accident itself. She had thought Knox was suffering something similar. She had also spoken to Knox about her own daughters because she thought it was necessary to establish a rapport and trust between the two of them.

The account in Knox’s book is in some ways quite compelling but only if it is not compared against her trial testimony, let alone the Interpreter’s testimony:  that is, up to the point when she implicates Patrick in murder. At that point no amount of whitewash works. The Italian Supreme Court also thought so, upholding Knox’s calunnia conviction, with the addition of aggravating circumstances.




Sunday, May 12, 2013

With Diffamazione Complaint Against False Claims In Oggi Knox’s Legal Prospects Continue To Slide

Posted by The TJMK Main Posters



[Above: the Palace of Justice in Bergamo where Knox and Sollecito might spend some time]


Knox’s public relations campaign is starting to look very, very odd.

As many of our recent posts have explained, no really good lawyer in Italy would ever allow their clients to put out an inflammatory book while their legal process is still going on. It hasn’t happened in any other Italian cases in years.

And now in this case it has happened twice.

Sollecito’s book reeked of blood money, arrogance and contempt, it twisted and discounted much of the evidence, made claims which both Sollecito and others had previously contradicted, made accusations of criminal behavior against officers of the court, and separated himself from Knox.

Now guess what?

Despite the fact that Sollecito’s book was promptly dispatched to the Florence and Verona chief prosecutors with diffamazione and vilipendio complaints, Knox’s book too reeked of blood money, arrogance and contempt, it too twisted and discounted much of the evidence, it too made claims which both Knox and others had previously contradicted, it too made accusations of criminal behavior against officers of the court, and it separated her from her co-perp.

In each case there was a shadow writer, respectively Andrew Gumbel and Linda Kulman, who seem to have tired early on of the clients, as all their hired help tends to do, and simply copied the FOA playbook into the books with no sources at all checked beyond that narrow group.

To cool-headed and informed people who really know the case, Gumbel’s sources were rather a joke. PR shills Nina Burleigh and Candace Dempsey and Steve Moore? Really?  And Linda Kulman seems to have fallen into the same trap.

This becomes very obvious when you watch the two “authors” at their interviews. They are both hampered and tongue-tied because for the life of them neither can remember what their shadow writers put in the books. Several interviewers have actually caught them out. 

As we knew the Bergamo lawsuit against Oggi and Knox was headed down the pike, we set out what we consider to be the state of play last Friday. It still stands up, but might be embellished just a bit.

First, here is Andrea Vogt’s helpful description of what’s in the Bergamo complaint..

The 8-page complaint is addressed to the Prosecutor’s Office in Bergamo (near Milan), where the headquarters of the magazine are located. It cites as slanderous the suggestion that Knox was illegally interrogated and maintains that there is no trial or investigation documentation supporting a number of “affirmations that were never made.”  Mignini insists Knox was initially heard by him as a witness with key information relevant to the murder of Meredith Kercher, not as a suspect herself.

“Knox never asked for an attorney. She wanted to talk,” Mignini wrote, adding that he did not contest her statements or question her at that time, because she was making a spontaneous declaration regarding Patrick Lumumba’s alleged involvement. [In other words, not about herself.]

The complaint also questions allegations of prison mistreatment and indicates specific persons and neutral institutions as having knowledge on the matter, including the Capanne prison chaplain, U.S. embassy officials, center-right politician Rocco Girlanda and secretary general of the Italy-USA Foundation Corrado Daclon, all of whom visited Knox regularly in prison.

Also contested are phrases reported by Oggi and attributed to Knox’s memoir claiming he had a bizarre past that included a conviction on abuse of office charges that was pending appeal, when in fact he was fully and definitively acquitted of those charges in 2011 by a Florence court. 

Italy’s high court (Cassation) recently agreed with his office’s request to re-open the Monster of Florence/Narducci case, the complaint notes. That decision has lent new credence to his long-running investigation of the suspicious 1985 death of a Perugian doctor who some investigators believe was involved (Italy’s Cassation Court in March also ordered Mario Spezi, co-author of the Monster of Florence bestseller, to stand trial for allegedly attempting to pin the blame on another man).

While the targets of the suit are stated to be Oggi and Amanda Knox and her publishers, the REAL target appears set to be the FOA playbook as set out in Amanda Knox’s book. And for that matter in Raffaele Sollecito’s book.

The first complainant (there are expected to be others) Giuliano Mignini has advanced a request for a formidable slate of witnesses, which could come to include even the lawyers for Sollecito and Knox.

Won’t that be fun. As they are interrogated on the stand, each witness is going to have to take a position on what crazy stuff the FOA have pushed into the books.

Did the prosecutor offer Sollecito an illegal deal or not? Did Knox get interrogated about Patrick by the prosecutor while denying her a lawyer or not?  Did Knox complain to her lawyers about conditions in prison and if so why do those lawyers and so many others say she did not?

And maybe fifty more sudden-death choices like the above. Gee thanks Oggi and Amanda Knox. This could set some facts straight, in front of the whole world.



Demonizations By Knox: OGGI Charged For Article Conveying False Claims To Italy #2

Posted by The TJMK Main Posters



[Umberto Brindani, editor of Oggi, a Mario Spezi ally, being sued for publishing Knox’s claims in Italy]


The decision of Amanda Knox and her lawyers and publishers to flaunt her dishonest claims in Italy seems seriously ill advised.

Pouring gasoline on the fames, it has opened up a fast-track way for those many who she nastily attacks to put the real truths in front of the world. Nobody who foolishly parrots her will be immune from being required to testify by the courts, her own lawyers included. 

Here are our own short rebuttals of the Knox claims Oggi specifically flaunts to Italy in its unresearched review.

  • Knox was NOT interrogated for days and nights. She was put under no pressure in her brief witness interviews except possibly by Sollecito who had just called their latest alibi “a pack of lies”.

  • Knox WAS officially investigated in depth, after she surprisingly “confessed” and placed herself and Patrick at the scene. Prior to that she’d been interviewed less than various others, who each had one consistent alibi.

  • Knox herself pushed to make all three statements without a lawyer on the night of 5-6 November 2007 in which she claimed she went out from Sollecito’s house, met Patrick, and witnessed him killing Meredith.

  • Far from Knox being denied a lawyer, discussions were stopped before the first statement and not resumed, in the later hearing she was formally warned she needed one; she signed a confirmation of this in front of witnesses.

  • Prosecutor Mignini who Knox accuses of telling her a lawyer would hurt her prospects when she claims she asked for one was not even in the police station at that interview; he was at home.

  • She was not prohibited from going to the bathroom. At trial, she testified she was treated well and was frequently offered refreshments. Her lawyers confirmed this was so.

  • She was not given smacks by anyone. Over a dozen witnesses testified that she was treated well, broke into a conniption spontaneously, and thereafter was hard to stop talking.

  • There is no evidence whatsoever that Knox was subject to “something similar to torture” and as mentioned above only Sollecito applied any pressure, not any of the police.

  • There is nothing “suicidal” about returning to Italy to defend herself at the new appeal. Sollecito did. She risks an international arrest warrant and extradition if she doesn’t.

  • There is no proof except for her own claims of sexual molestations in prison; she is a known serial liar; and she stands out for an extreme willingness to talk and write about sex.

  • Many people have testified she was treated well in prison: her own lawyers, a member of parliament, and visitors from the US Embassy were among them; she herself wrote that it was okay.

  • She may have based her account on her diaries and “prodigious memory” but the obviously false accusation against the prosecutor suggests that much of the book was made up.

  • The investigators had a great deal of evidence against Knox in hand, not nothing, and they were not ever faulted for any action; they helped to put on a formidable case at trial in 2009.

  • “Police and Italian justice work with such incompetence, ferocity, and disdain for the truth” is contradicted by a very complete record prior to trial which was praised by the Supreme Court.

  • Mr Mignini has NO bizarre past at all. He is widely known to be careful and fair. He would not have been just promoted to first Deputy Prosecutor General of Umbria otherwise.

  • He was put on trial by a rogue prosecutor desperate to protect his own back from Mignini’s investigations; the Supreme Court has killed the trumped up case dead.

  • There was nothing “mysterious” about Knox being taken to the crime scene to see if any knives were gone, but her wailing panic when she saw the knives was really “mysterious”.

  • Knox never thought she was in prison for her own protection; she had signed an agreement at the 5:00 am interview confirming she did know why she was being held.

  • Monica Napoleoni did not “bluff” that Sollecito had just trashed their joint alibi; he actually did so, because his phone records incriminated him; he agreed to that in writing.

  • There was no crescendo of “yelling and intimidations that lasts from 11 at night until 5.45”. There were two relatively brief sessions. Knox did most of the talking, named seven possible perps, and drew maps.

  • There was zero legal requirement to record the recap/summary interview, no recording has “gone missing” and many officers present testified to a single “truth” about what happened.

Demonizations By Knox: OGGI Charged For Article Conveying False Claims To Italy #1

Posted by The TJMK Main Posters





The popular Italian magazine Oggi was sent a review copy of Knox’s book by somebody in the United States. 

Oggi has been a frequent vehicle for the Knox entourage version of events, and it has carried a number of lurid pro-Knox splashes. The magazine has a long history of nasty jabs at prosecution and police who as career civil servants under unusually strong rules have no easy ways of explaining their side.

Like all of Oggi’s articles on the case, this shrill and foolish piece is totally one-sided and absolutely unresearched.

  • Oggi is ignorant of the fact that many days of testimony by police officers at trial in 2009 contradict Knox’s book, highly convincing testimony, to which Knox on the stand had only the most feeble and unconvincing of responses.

  • Oggi is ignorant of the fact that Judge Massei and Judge Hellmann both totally disbelieved her, and (in extensive reasoning) the Supreme Court (make sure to read parts 3, 7 and 15 there).

  • Oggi is ignorant of the fact that Knox was sentenced to three years in prison for the criminal framing of Patrick, and that sentence was confirmed both by Judge Hellmann and the Supreme Court - in effect, unless new FACTS come to light, the truth is known and the case is closed.

The book is already (see next post) the subject of a lawsuit which was filed Friday in Bergamo, where Oggi has its headquarters. Knox is also expected to be investigated for contempt of court. Her book carries at least one no-contest false accusation of a crime: Knox claims the much respected Prosecutor Mignini illegally interrogated her without a lawyer and attempted to make her definitively accuse Patrick Lumumba. This is repeated below.  In fact Mr Mignini was not even there.

This translation below of the Oggi piece is by our main poster Catnip. Passages we know to be inaccurate (and Oggi would have known with a mere 3-4 hours of research) are shown in bold.

See our own rebuttals in this next post.

Amanda Knox: The American girl’s sensational story

Chilling. No other adjectives come to mind after having read Waiting to be Heard, finally released in the United States. An extremely detailed and very serious charge against the police and magistrates who conducted the investigation into the murder of Meredith Kercher.

Immediately after the crime, Amanda recounts, and for entire days and nights, they had interrogated the American girl and placed her under pressure to make her confess to a non-existent truth, without officially investigating her, denying her the assistance of a lawyer, telling her lies, even prohibiting her from going to the bathroom and giving her smacks so as to make her sign a confession clearly extorted with something similar to torture.

And now the situation is very simple. There are only two choices: either Amanda is writing lies, and as a consequence the police officers and magistrates are going to have to sue her for defamation; or else she is telling the truth, and so they are going to have to go, not without being sanctioned by the CSM [the magistrates’ governing body] and the top brass of the Police. The third possibility, which is to pretend that nothing has happened, would be shameful for the credibility of our judicial system.

Amanda Knox has written her Waiting to be Heard memoir with the sense of revulsion and of relief of someone who has escaped by a hair’s breadth from a legal disaster, but has got her sums wrong. Cassation has decided that the [appeal] proceedings have to be redone and the hearings should be (re)commencing in October before the Florence Court of Appeal.

In a USA Today interview, Ms Knox has not excluded the possibility of “returning to Italy to face this battle too”, but it would be a suicidal decision: it’s likely that the appeal will result in a conviction, and the Seattle girl will end up in the black hole from which she has already spent 1,427 days.

In this way Waiting to be Heard risks being the “film” on which Amanda’s last words are recorded about the Mystery of Perugia, her definitive version.

We have read a review copy. And we were dumbfounded. Waiting to be Heard is a diary that has the frenetic pace of a thriller, written in a dry prose (behind the scenes is the hand of Linda Kulman, a journalist at the Huffington Post), even “promoted” by Michiko Kakutani, long-time literary critic at the New York Times.

The most interesting part does not concern the Raffaele Sollecito love story (which Amanda reduces it to puppy love: “With the feeling, in hindsight, I knew that he… that we were still immature, more in love with love than with each other”), and whoever goes looking for salacious details about the three Italian boys Amanda had casual sex with, one night stands, will be frustrated (Ms Knox describes those enounters with the nonchalance of an entomologist disappointed with his experiments: “We undressed, we had sex, I got dressed again with a sense of emptiness”).

There are no scoops about the night of the murder and even the many vicissitudes endured during the 34,248 hours spent in Capanne prison ““ the [claimed] sexual molestations suffered under two guards, the unexpected kiss planted by a bisexual cellmate, the threats made by another two prisoners ““ remain on the backdrop, like colourful notations.

Because what is striking and upsetting, in the book, is the minute descriptions, based on her own diaries, on the case documents and on a prodigious memory, of how Ms Knox had been incriminated (or “nailed”).

COME IN KAFKA. A Kafkian account in which the extraordinary naivety of Amanda (the word naïve, ingénue, is the one which recurs most often in the 457 pages of the book) mixes with the strepitous wickedness of the investigators decided on “following a cold and irrational trail because they had nothing better in hand”.

Devour the first 14 chapters and ask yourself: is it possible that the Police and Italian justice work with such incompetence, ferocity, and disdain for the truth? You place yourself in her situation and you scare yourself: If it happened to me? You’re in two minds: is it a likely accusation, or a squalid calumny, the version of Amanda?

Because in reading it you discover that in the four days following the discovery of Meredith Kercher’s body (on 2 November 2007), Amanda was interrogated continuously, and without the least of procedural guarantees [=due process].

She changes status from witness to suspect without being aware of it.” No one had told me my rights, no one had told me that I could remain silent”, she writes. When she asked if she had the right to a lawyer, the Public Prosecutor, Giuliano Mignini, had responded like this: “No, no, that will only worsen things: it would mean that you don’t want to help us”. Thus, the Public Prosecutor, Giuliano Mignini.

For a long period of time, Ms Knox, who at the time spoke and understood hardly any Italian at all, mistook him for the Mayor of Perugia, come to the police station to help her.

Then, with the passage of time and of the pages, the assessment changes: Mignini is a prosecutor “with a bizarre past”, investigated for abuse of office (he was convicted at first instance, but Cassation annulled the verdict on the grounds of lack of jurisdiction: the case will be held in Torino ““ ndr) and with the hunger to fabricate “strange stories to solve his cases”.

Mignini “is a madman who considers his career more important than my liberty or the truth about the killing of Meredith”. On the phone, the Perugian prosecutor reacts with aplomb: “First I will read the book and then I will consider it. Certainly, if it really calls me “˜mad’ or worse, I think I will file suit”.

BEING IN PRISON IS LIKE CAMPING Amanda goes looking. When the officers mysteriously bring her along to the crime scene inspection of the apartment below the one in which she and Meredith were living in, Ms Knox put on the shoe protectors and the white forensics gloves and called out Ta-dah! spreading her arms “as if I was at the start of a musical: I wanted to appear helpful”.

When they dragged her in handcuffs into Capanne Prison, she believed what the Police would have told her, and that was they would hide her for a couple of days to protect her (from the true killer, one presumes) and for unspecified bureaucratic reasons. “In my head I was camping: “˜This won’t last more than a week in the mountains’, I told myself,” writes Amanda.

They take her money off her, and her credit cards, licence and passport, and she draws strength from repeating to herself that “surely they’re not going to give me a uniform, seeing that I’m a special case and that I’ll be here for only a little while”.

But it’s the account of the notorious interrogation that takes the breath away. Around ten in the evening on her last day of freedom, Ms Knox accompanies Raffaele to the police station (he was called in, also without a lawyer, by the Police) and is thrown into a nightmare which she populates with many faces: there is Officer Rita Ficcara, who gives her two cuffs on the head (“To help you remember,” she would say); there’s another officer who advises her: “If you don’t help us, you’ll end up in prison for 30 years”; Mignini arrives and advises her not to call a lawyer; super-policewoman Monica Napoleoni dives in and bluffs: “Sollecito has dropped your alibi: he says that on the night of the murder you had left his apartment and that you had told him to lie to “˜cover you’”.

And a crescendo of yelling and intimidations that lasts from 11 at night until 5.45 in the morning. Seven hours “produce” two confessions that, exactly because they are made without a defence lawyer, cannot be used in the proceedings, but forever after “stain” the image of the accused Knox: Amanda places herself at the scene of the crime and accuses Patrick Lumumba.

RAFFAELE CONFIRMS THE ACCUSATIONS An account of the horror is confirmed by Sollecito in his memoir, Honor Bound, Raffaele writes of having heard “the police yelling at Amanda and then the cries and sobs of my girl, who was yelling “˜Help!’ in Italian in the other room”, and of having being threatened in his turn (“If you try to get up and go, I’ll punch you till you’ll bleed and I’ll kill you. I’ll leave you in a pool of blood”, another officer had whispered to him).

Published lines which have passed right under the radar of the Perugian investigators: “No legal action [against the interrogators] has been notified to us,” Franco Sollecito, Raffaele’s dad, tell us. For having recounted the sourness of her interrogation in court, Amanda was investigated for calunnia: the trial will take place in Florence. This one, too, will be a circumstantial case: it’s the word of two young people against that of the public prosecutor and the police.

The recording of the interrogation would have unveiled which side the truth stands on. But it has gone missing.

See our own rebuttals in this next post.


Below: images of the foolish 4-page Oggi spread. Click for larger versions to read.














Thursday, May 09, 2013

Demonizations By Knox: She Invents An Illegal Interrogation By Mignini That Never Took Place

Posted by The TJMK Main Posters



[The Perugia Central Police Station where Knox’s imaginary interrogation “took place”]


It is hard to imagine a more extreme form of contempt of court than Knox falsely accusing a respected prosecutor of interrogating her without her lawyer being present, and pressing her to incriminate others. 

For this alone, Knox will certainly be investigated and charged. No wonder she is “scared” of returning to Italy. Apart from fears of getting up on the stand, she has lied about and falsely accused way too many people there. 

1. What actually happened at Knox’s witness and suspect interviews:

Here is the true account, which has many witnesses, and then her account in the book, which has none.

Before 3:00 AM on 6 November 2007 the respected senior prosecutor Giuliano Mignini had barely set eyes on Amanda Knox.

At that point in time, she had just passed through a purely voluntary witness questioning with the police, who were actually much further ahead in questioning Sollecito and Knox’s flatmates and Meredith’s English friends.

Dr Mignini was at home asleep, but on call if the central police station needed him that night, which is how quite by chance he came face to face with Knox not long before dawn.

Knox’s latest alibi had just been collapsed in another witness interview room. Sollecito had collapsed their joint alibi almost instantly when shown phone records that proved he had just lied. He then declared their current alibi to be a pack of lies.

Told of this, Knox then floundered for a new explanation, turning finally to fingering her employer Patrick Lumumba who the police did not even know to exist until her phone record showed he did.

Police took down that statement, Knox signed it, and this at 3:00 am was the state of play.

Knox was in a waiting room and not under arrest. Mignini was required to warn Knox of her rights as a new suspect, and to warn her to do no further talking to him or anyone else around without a lawyer present.

This was especially so as Knox was inclining to babble on and on and officers were trying to calm her down. As the police had just found (and as her own lawyers later found) she can prove very difficult to stop.

This relatively brief meeting (in which Mignini made quite clear who he was, witnesses confirm) was extended to allow Knox to fine-tune her accusation of Patrick.

She shrugged off the right to have her lawyer there. Prior to this, Knox to Mignini was simply one of a whole lot of people who might be of interest, nothing more.


2. Knox’s invented version of the witness interview which never happened

This interrogation quoted from Knox’s book below is already attracting serious attention in Italy. Why? Because its just not her babbley tone, and because it never even took place.

Amanda Knox, Waiting To Be Heard, HarperCollins, Pages 90-92

[Description is of the end of Knox’s voluntary witness interview with police which Mignini did not attend; the most damaging claims are in bold]


Eventually they told me the pubblico ministero would be coming in.

I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany.

I thought the “public minister” was the mayor or someone in a similarly high “public” position in the town and that somehow he would help me.

They said, “You need to talk to the pubblico ministero about what you remember.”

I told them, “I don’t feel like this is remembering. I’m really confused right now.” I even told them, “I don’t remember this. I can imagine this happening, and I’m not sure if it’s a memory or if I’m making this up, but this is what’s coming to mind and I don’t know. I just don’t know.”

They said, “Your memories will come back. It’s the truth. Just wait and your memories will come back.”

The pubblico ministero came in.

Before he started questioning me, I said, “Look, I’m really confused, and I don’t know what I’m remembering, and it doesn’t seem right.”

One of the other police officers said, “We’ll work through it.”

Despite the emotional sieve I’d just been squeezed through, it occurred to me that I was a witness and this was official testimony, that maybe I should have a lawyer. “Do I need a lawyer?” I asked.

He said, “No, no, that will only make it worse. It will make it seem like you don’t want to help us.”

It was a much more solemn, official affair than my earlier questioning had been, though the pubblico ministero was asking me the same questions as before: “What happened? What did you see?”

    I said, “I didn’t see anything.”

    “What do you mean you didn’t see anything? When did you meet him?”

    “I don’t know,” I said.

    “Where did you meet him?”

    “I think by the basketball court.” I had imagined the basketball court in Piazza Grimana, just across the street from the University for Foreigners.

    “I have an image of the basketball court in Piazza Grimana near my house.”

    “What was he wearing?”

    “I don’t know.”

    “Was he wearing a jacket?”

    “I think so.”

    “What color was it?”

    “I think it was brown.”

    “What did he do?”

    “I don’t know.”

    “What do you mean you don’t know?”

    “I’m confused!”

    “Are you scared of him?”

    “I guess.”

I felt as if I were almost in a trance. The pubblico ministero led me through the scenario, and I meekly agreed to his suggestions.

    “This is what happened, right? You met him?”

    “I guess so.”

    “Where did you meet?”

    “I don’t know. I guess at the basketball court.”

    “You went to the house?”

    “I guess so.”

    “Was Meredith in the house?”

    “I don’t remember.”

    “Did Patrick go in there?”

    “I don’t know, I guess so.”

    “Where were you?”

    “I don’t know. I guess in the kitchen.”

    “Did you hear Meredith screaming?”

    “I don’t know.”

    “How could you not hear Meredith screaming?”

    “I don’t know. Maybe I covered my ears. I don’t know, I don’t know if I’m just imagining this. I’m trying to remember, and you’re telling me I need to remember, but I don’t know. This doesn’t feel right.”

    He said, “No, remember. Remember what happened.”

    “I don’t know.”

At that moment, with the pubblico ministero raining questions down on me, I covered my ears so I could drown him out.

    He said, “Did you hear her scream?”

    I said, “I think so.”

My account was written up in Italian and he said, “This is what we wrote down. Sign it.”

To repeat, Mignini was not even present at the midnight interrogation of Knox by the police, and he certainly never edged her into fingering Lumumba as is being claimed here. Knox herself did that all by herself in the presence of the police.

And she did it again and again. Emphatically.


[Dalla Vedova and Ghirga: did they illegally allow Knox to commit serious felonies in the book?]


Wednesday, May 01, 2013

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

Posted by Some Alibi



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

Welcome To Common Sense

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

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

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

Click here for the rest


Although The YouTube Trailer Suggests Diane Sawyer Wimped Out And Turned All Mushy…

Posted by Peter Quennell





It could still be wrong. Trailers have been misleading before.

The interview is tonight at 10:00 on ABC. Our Main Posters Kermit and Media Watcher both have tips that could still win Diane Sawyer Pulitzer Prizes.

  • Media Watcher: Diane Sawyer Interview With Amanda Knox: How To Push Back Against The False Claims And Emotion

  • Kermit Powerpoint:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC Kindly Shares A Sneak Preview!

Here’s hoping. Even for Amanda Knox, our advice is usually the best. We’ll carry some sort of report on this tomorrow.


Friday, April 12, 2013

Questions For Knox: Diane Sawyer, How To Push Back Against The False Claims And Emotion

Posted by Media Watcher





Dear Diane Sawyer:

Much of Italy and the UK and US will be curious to see how this interview works out on the ABC network on 30 April.

The extreme overkill of spin and false claims have not worked well for Knox lately. Now twin developments (the blunt and categoric ruling of the Supreme Court two weeks ago, and the ominous legal moves against Sollecito for his own rash public statements) have left Amanda Knox perched on a thin icy ledge.

We have dozens of lawyers and even judges read here. We do not know even one astute lawyer who really understands the case and the Italian system who, in light of those twin developments, considers this interview or Knox’s book as any longer a good idea.

The yanking of the book in Britain shows a creeping realization of this among those with their own necks on the line here.

The twin developments have changed this from the launch of a “promotional” book tour to a very serious inquiry into an ongoing murder trial, with very serious implications for U.S./Italian diplomatic relations.

We’re appreciative that you are the journalist who will be doing the first in-depth interview here. You have a solid reputation for balance and objectivity, and we’re looking forward to seeing your broadcast. 

From Seattle, it often seems as though Americans simply cannot comprehend that a young co-ed could be caught up in a case so violent.  Because the court proceedings were conducted in Italian, most Americans heard the story of what happened through a media filter, which in turn got much of its information from people who had a bias in support of Amanda Knox and Raffaele Sollecito.

Repeatedly, we have heard reporters parrot the defense attorney’s claim that there is no evidence.”  However, the evidence presented was strong enough to convince Harvard Law School’s Alan Dershowitz that the conviction will likely be affirmed on appeal. 

Other legal experts who have said the evidence supports a guilty verdict include New England Law Professor Wendy Murphy, who was herself a former prosecutor, and Nancy Grace, a former prosecutor who now hosts a show on trials and legal issues for CNN.

Contributors to this site, who all work pro bono, have also concluded the evidence supports a guilty verdict. We have studied the evidence presented at trial (in many cases ourselves translating key court documents) and have monitored with growing alarm the huge disconnect here in the U.S. between what happened in court and what has been reported.

What motivates us now is seeing that the reporting of the trial here in the United States is objective and corresponds with the reality of what is happening in Italy and what Italians are seeing and reading. 

Ultimately, if the conviction of Amanda Knox and Raffaele Sollecito is upheld by the Appeals Court and then Italy’s Supreme Court, we expect that the United States will honor the extradition treaty that’s been in place for decades, because it shouldn’t matter whether a perpetrator is perceived as attractive or sympathetic. While everyone is entitled to a fair hearing and a fair judicial process, we also believe the victim’s family is entitled to justice.

Having said all of that, we’re looking forward to seeing your report and here are some of the themes we hope you’ll explore in the report that surrounds the interview:

    1) We believe it’s important to confront the “no evidence” claim head on by citing the actual evidence that is summarized in the Massei Report.  We believe it’s compelling and we hope you can lay it out”“ including the DNA, cell phone, witness statements, bloody footprint, the evidence of a coverup/cleanup, and the conflicting and shifting statements made by the defendants; all so that viewers can understand the full scope of what that jury heard and evaluated in making the original decision to convict.

    2) Many Americans seem to not understand the automatic three-stage trial process that is typical of the Italian judicial system - actually put in place to benefit defendants.  We hope you can provide an overview of Italy’s judicial process, and help viewers to understand the very limited scope of the contested evidence that was subject to review by the Appeals Court.  We also hope you’ll remind viewers of all of the evidence that was not subject to review during the appeal—again, the cell phone evidence, the conflicting statements from the defendants, the evidence that showed Amanda and Meredith’s DNA mixed together in the bathroom and hallway and Filomena’s room, the bloody (Sollecito) footprint, the evidence of a staged break-in and cleanup, and the witness statements about Amanda and Raffaele’s conduct at the time the murder was discovered and over the following days.

    3) Defenders of Amanda and Raffaele often claim that Rudy Guede acted alone.  Many viewers seem not to understand that the Supreme Court had earlier ruled that Rudy Guede was one of multiple attackers.  We believe it would be useful if you could review this for your viewers and cite some of the evidence that convinced the Supreme Court that Guede could not have acted alone.  Perhaps reminding viewers that Rudy Guede’s footprints lead directly from the murder scene to the outside door would be helpful, given that there was clearly mixed DNA evidence in the bathroom and a bloody footprint in the hallway, which had been cleaned up and later revealed through the use of Luminol (a chemical agent used by forensics specialists to detect trace amounts of blood left at crime scenes).

    4) We hope you’ll help viewers to understand a key point made in a recent NYTimes op-ed about the mathematical value of doing a second DNA test on the knife that was found in Sollecito’s apartment.  As you know, the Appeals Court Judge refused to allow a second test on the knife, even though a confirmation of the original result or a different result would likely have provided additional clarity.

    5) We hope you’ll address the issue of contamination ““ especially as the key issue on the bra clasp is not whether Sollecito’s DNA was on it, but whether Sollecito’s DNA could have gotten on the clasp through contamination.  Given that there was only one other piece of Sollecito’s DNA found in the apartment, and given that at the time it was analyzed, it had been more than a week since any evidence from the crime scene was reviewed in the lab, it might be useful to have someone address the chances of there having been contamination resulting in Sollecito’s DNA ending up on the clasp.

With respect to the interview itself, here are some of the questions many would like to see Amanda answer:

    ”¢ Why did you call your mother in the middle of the night Seattle time prior to the murder having been discovered?  What was it you wanted to tell her?

    “¢ You tried calling Meredith the day after the murder took place and yet phone records show that two of the calls you made to her cell numbers lasted only three and four seconds and you left no messages.  How diligent were you in trying to reach her?

    “¢ Why do you think you falsely accused your boss Patrick Lumumba? 

    “¢ Why didn’t you withdraw your accusation against Patrick Lumumba in the light of day, once you’d had time to rest and reflect? 

    “¢ You have said - though never under oath - that you were treated terribly ““ can you summarize for us what happened the night you voluntarily gave your written statement and very specifically, any circumstances in which you were treated poorly?

    “¢ Were you given food and drink on the night you were questioned?

    “¢ Were you bleeding on the night or morning of the murder in any way that could have left DNA in the bathroom or in Filomena’s room?  If so, why were you bleeding?

    “¢ You’ve said that went back to your apartment to take a shower and to retrieve a mop to clean up some water at Raffaele’s apartment from the night before.  Why didn’t you simply use towels at Raffaele’s apartment to clean up the water - why wait until the next day?

    “¢ Reports indicate that Rudy Guede was a frequent visitor to the flat below yours.  How well did you know Rudy Guede prior to the night of the murder? 

    “¢ Do you stand by the statement you made on the day the murder was discovered that Meredith always locked her door? 

    “¢ You emailed to friends and family that you were panicked about what might have happened to Meredith given the locked door.  Did the two of you try to break the door down?  If not, why not?  And if Meredith always locked her door, why did the fact that it was locked worry you?

    “¢ Have you read the Massei report? 

    “¢ Raffaele Sollecito said during his book tour that no one asked him to testify during the original trial.  Do you believe this is true? 

    “¢ If your conviction is affirmed by the Supreme Court, do you think you should be extradited to Italy.  If not, why not?

Thank you for reading this letter, Diane.  Because of the PR fog around the case, we believe far more attention needs to be paid to the actual evidence that was presented at trial. 

We are confident that you’ll bring all of your considerable skill and experience to bear on this interview in ways that will leave viewers much better informed.




Wednesday, March 27, 2013

Tip For The Media: Getting Up To Speed With The Hard Facts Of This Complex Case

Posted by Media Watcher



[Above: Harvard “superlawyer” Alan Dershowitz, who conceded yesterday that there IS a strong case]

Getting Back On The Rails

In the United States, with few exceptions, the media has generally accepted the spin from the defense team.

As a consequence, much of the reporting has been shallow and/or wildly inaccurate.  These errors have compounded over time, which leads to a situation where the American media was completely unprepared for yesterday’s decision.

As someone who has read through all of the available court documents and much of the media and who has more than 25 years’ experience helping national media to understand complex, technical stories, here’s my take on the issues the media should consider as they continue to write about this case:

Click here for the rest


Saturday, January 12, 2013

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

Posted by Cardiol MD



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


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

Well, it sure varies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Verrrry tough situation for defense counsel to be in.


Monday, April 30, 2012

Does ANY Competent Lawyer Believe RS And AK Are 100% Innocent? If So See These Questions

Posted by James Raper



[Above: Knox defense legal advisor Ted Simon increasingly seems to have some explaining to do]

After 3 days and growing, unfortunately no sign that pro-innocence lawyers (if any) want to respond.  Mr Simon? Mr Barnett? Ms Nancy Grace? (Well perhaps not you)

The Italian, US and UK lawyers who guide TJMK (of which I am one) look around and wonder: why are genuinely-convinced pro-Knox lawyers (if any) still not comprehensively answering all the open questions?

I contrast this with the various media talking heads who have offered drive-by comments without a really deep understanding of the facts of the case or Italian law.

In the law of all three countries, defense lawyers don’t need to KNOW either way whether their client is guilty or innocent. They don’t have to come out with a complete scenario to account for all the facts and point to innocence that would be the counterpart to my scenario (powerpoints - wait a few seconds to load) seemingly accounting for all the facts, which is still an unchallenged case for guilt.

But a comprehensive rebuttal would do the hard-pressed Sollecito and Knox factions a big favor, and provide a much-needed framework for the media (which is posting many incorrect legal claims), and make the Cassation appeal and the book-writing by Knox and Sollecito so much easier.

Consider the ups-and-downs of the defense legal teams on the case,

It was clear in 2008 that her lawyers absolutely didnt like Knox speaking out, offering different versions that between them made her look distinctly guilty. They didnt like the anti-Mignini campaign run from Seattle and they publicly said so - when Mr Mignini was attacked by a main speaker at an event at Salty’s they actually spoke up and publicly defended him.

In December 2008 NBC TV aired an excellent Dateline report. The main legal talking head, Ted Simon, explained that this was a really tough prosecution case to beat, and that whacking down individual points of evidence would not win the case in the public eye (justice would not be seen to be done) and that only a complete alternative explanation of the crime would do.

At trial in 2009 the defense teams did what they could with a torrent of facts and two unpredictable clients. The cross-examination of Amanda Knox on the stand mid-year in the context of Patrick Lumumba’s alleged framing must have seemed a real low-point for them, as she came across as rather flippant and chilling, and she said a number of things that all defense lawyers would probably prefer that she hadn’t.

Through the publication of Judge Massei’s report the defenses seem to have been faced with an uphill battle.

In 2011 an experienced criminal-case judge was initially appointed to preside over the first appeal. But quite suddenly, to the surprise of many in Italy and the alleged unhappiness of the judge himself, he was removed from the case, and Judge Hellman was appointed in his place. 

Defence counsel would of course have had no role in that surprise change of lead judges for the first appeal, but from Day One of the appeal (spaced out to one session a week by Judge Hellman to suit one of them) the defenses seemed much happier.

The prosecution were now on occasion publicly hinting that they were now stuck with the uphill battle. The defenses now seemed the side energized and confident. But please note these three things which suggest that they knew they were not all-powerful.

    1)  They appealed on very narrow grounds, essentially on some witness testimony and a small part of the forensic evidence, and they kept well away from the multiple alibis, mobile phones and computers, and forensic evidence in the hallway, bathroom, and Filomena’s room.

    2) They never argued that Rudy Guede was the lone-wolf killer in the case (the surprise preference in his report of Judge Hellman) and even put their own witnesses Alessi and Aviello on the stand to in effect try to prove otherwise.

    3) Knox legal advisor Ted Simon was reduced to arguing on TV that there was no evidence of Knox and Sollecito IN the bedroom, while never accounting for the mishmash of alibis or all the mixed-blood and footprint evidence just outside the door.

As Dr Galati’s appeal and public opinion in the three countries are showing, the defences may have mostly won the second battle, with Judge Hellman’s interim verdict and sentence (Knox was still sentenced to three years), but they seem to be falling far short of winning the war for the two clients.

Now the defences again face an uphill battle.

So here we go. An opportunity for any good pro-innocence lawyer to help to win the war for Knox and Sollecito. Forget the forensics for now. I offer these several dozen questions for you and/or Amanda Knox which, truthfully answered, might put many concerns to bed.

I will be happy to post here any real attempt at answering all of these questions by any qualified lawyer who is thoroughly on top of the case - or of course any attempt by Amanda Knox herself.   

    1. Why did you not mention the 16 second 12.07 phonecall to Meredith’s English phone on the 2nd November in your e-mail?  When explaining why you made this call, please also explain why it was to the English phone rather than Meredith’s Italian phone which you knew Meredith used for local calls?

    2. Why did you not mention this call when you phoned Filomena immediately afterwards?

    3. Why did you make so little effort to contact Meredith again after being told by Filomena to do so. Remember the logged 3 and 4 second phone calls?

    4. Why did you tell Filomena that you had already phoned the police when neither you, nor Raffaele, had.

    5. Can you and will you explain the contradiction between your panic at the cottage (as described in the e-mail) and the testimony of all the witnesses who subsequently arrived that you appeared calm, detached and initially unconcerned as to your friend’s whereabouts or safety?

    6. Why did you tell the postal police that Meredith often locked her bedroom door, even when it came to taking a shower, when this was simply not true, as Filomena testified?

    7. Can you and will you explain why you did not try either of Meredith’s phones at the cottage if you were indeed in such a panic about Meredith’s locked door?

    8. Can you and will you explain how you knew that Meredith’s throat had been cut when you were not, according to the witnesses’s testimony, a witness to the scene in Meredith’s bedroom after the door had been kicked in and, with the exception of probably a postal police officer or the ambulance crew, no one had looked underneath the duvet covering the body when you were there?

    9. What made you think that the body was in the cupboard (wardrobe) when it was in fact to the side of the wardrobe? Were you being flippant, stupid, or what, when you said that? Do you think it just a remarkable coincidence that the remark bears close comparison to the crime scene investigators conclusions, based on the blood at the scene, that Meredith had been shoved, on all fours, and head first,  at the door of the wardrobe? She was then turned over on the floor and moved again. How did you know that there was any position prior to her final place of rest?

    10. Will you ever be able to account for the 12.47 pm call to your mother in Seattle ( at 4.45 am Seattle time)? Do you remember this now because it was not mentioned in your e-mail nor were you able to remember it in your court testimony?

    11. Why do you think Raffaele told the police ““ contrary to your own alibi that you had spent the whole time with Raffaele at his apartment ““ that you had gone out at 9 pm and did not return until 1 am?

    12. Did you sleep through the music played for half an hour on Raffaele’s computer from 5.32 am?

    13. Were you telling the truth when you told the court that you and Raffaele ate dinner some time between 9.15 and 11 pm? Can you not narrow it down a bit more? The water leak occurred, you said, whilst washing up dishes after dinner. Why then did Raffaele’s father say that Raffaele told him at 8.42 pm about the water leak whilst washing up dishes?

    14. What was the problem about using the mop, rags, sponges etc already at Raffaele’s apartment, to clear up a water spill? Why was the mop from the girl’s cottage so essential and if it was, why not collect it immediately since it was just a short distance away?

    15. Why, when you knew that you were going to Gubbio with Raffaele on the 2nd November, did you not take a change of clothing with you, if needed, when you left the cottage on the afternoon of the 1st?

    16. Why did you need a shower at the cottage when you had already had one at Raffaele’s apartment the previous evening?

    17. If you had needed one again why not have it at his apartment, in a heated apartment, before you set off, or on your return, rather than have a shower on a cold day, in a cold flat?

    18. Why did you not notice the blood in the bathroom, and the bloody footprint on the bathmat, until after your shower? If the blood you then observed was already diluted and faded, how do you explain this?

    19. Do not ignore your blood on the faucet. In your own testimony you said that there was no blood in the bathroom when you and Raffaele left the flat on the afternoon of the 1st.  What is your considered take on this now? Did your ear piercings bleed when having that shower or drying afterwards? If so, why were you not perfectly clear about the matter in your e-mail?  But then again you said that the blood was caked dry, didn’t you?

    20. Why did Raffaele say that, on entering the flat with you, Filomena’s door was open and he saw the damage and mess inside, but you said, in your e-mail, that Filomena’s door was closed when you returned at 10.30 am? Did you subsequently look inside on that occasion, or not? It’s just that if you did, then why did you not mention the break in to Filomena prior to you and Raffaele returning to the cottage?

    21. You are a creative writer so please explain. What is the point of the word “also” in the following extract from your e-mail? “Laura’s door was open which meant that she wasn’t at home, and Filomena’s door was also closed”.

    22. In your trial testimony you mentioned shuffling along the corridor on the bathroom mat after your shower. From the bathroom to your room.  Because there was no towel in the bathroom. You had left it in your bedroom. Then back again. Why is this not mentioned in your e-mail?

    23. In your e-mail you stated that you changed for your shower in your bedroom, and then afterwards dressed in your bedroom. That makes sense. What you don’t explain is why, if you towelled and dressed in your bedroom, there was any need to shuffle back to the bathroom on the bathmat. Why not just carry it back?

    24. But why, in the same testimony, did you then change your mind as to where you had undressed for your shower? Not in your bedroom - saying so was a mistake you said - but you did not say where. Some people might think, uncharitably, that your change of mind was necessary to incorporate the double bathmat shuffle.

    25. Were there any things that you disliked about Meredith? Be honest because we know from her English friends and other sources that there were things that she disliked about you.

    26. Why are pages missing from your diary for October?

    27. Once again, and this time so that it makes some sense, please explain why you permitted the police, on your say so, to believe that poor Patrick Lumumba was involved in Meredith’s murder.  Clearly, had you been at the cottage you would have known that he was not, and had you not been there you could not have known that he was.



There are actually over 200 open questions on this site, and I can think of others, but I consider these between them to be the core several dozen that relate to the quirks,contradictions, omissions and inconsistencies in Amanda Knox’s own account and behaviour. Answer all of these and in the public eye Amanda Knox really could be home free.


Sunday, March 18, 2012

Could A Growing Asymmetry Between Raffaele And Everybody Else Be Ensuring No Sleep In Seattle?

Posted by Peter Quennell



[Louise Burke, Jen Bergstrom, and Tricia Boczkowski, top editors at Sollecito publisher Gallery Books]


Amanda Knox seems to have had a history of putting her foot in it and then (sometimes) when she realizes it she tries to make amends.

That seems to be the arc of her Berlin experience where she upset people by quitting a plum intern job at the parliament after a day and then retroactively at least worrying about it. That may have been what she was doing at the first meeting with her parents in Capanne prison when they very quickly shushed her up.

Meredith seems to have found Knox hard to take with her noise and grubbiness and sharp elbows and general pushiness.  But Amanda Knox was losing her few new friends in Perugia fast, and possibly her job in Patrick’s bar, and Meredith seems to have fatefully banked on Amanda Knox coming full circle soon.

There are instances recorded almost to the end where they both seemed to try to get along, although Meredith may have brushed Knox off on Halloween night when Knox made unanswered calls, maybe to ask if she could tag along.

Enter Sollecito.

Seemingly a classic loner with no close friends in Perugia, no previous genuine deep relations with girls, apparently no prior sex, a year or two behind the rest of his class in completing his degree, with serious time given to beastie porn and Japanese anime and Japanese manga. Believed to have had a history of cocaine use with some incident on record back in Bari. Loves knives.

Seemingly forever kept on a very short string by his father, who called him on the phone at least once daily, and who made sure to keep his son’s bank balance on a level with Raffaele’s legitimate monthly expenses.

Seemingly already nervous prior to Meredith’s death that Amanda Knox might soon dump him. That after less than one week.

Our Italian poster ncountryside translated these statements by Dr Sollecito which seem to show Francesco trying hard to get a grip over his slippery son.

From a family conversation recorded in Capanne prison

And then this f@cking knife that you carried back and forth .... I told you about leaving it at home .... You’re an idiot from this point of view .... aren’t you? .... and then the f@cking point that you could have avoided the [marijuana] joints .... You promised a few years ago about it, didn’t you? You gave us your promise, to me and to your sister that you would not have used them again, and instead you have not given a f@ck .... is that clear?”

From another family conversation recorded in Capanne prison

If the investigators are finally realizing what the real dynamics of the matter is ... automatically understand that you have nothing to do with [rude in italian] ... Do you understand? ... Amanda can be more or less involved in this matter ... more or less I do not know and do not give a damn ...

She will know something ... precisely ... especially considering all the versions that she has given, maybe she has not told the right one because she was worried about what this character the little negro [i.e. Patrick Lumumba] has managed to do, something like that ... do you understand what I mean? ... But you have nothing to do with [rude in Italian] ... and they understood ... now this morning or Monday there will be also the checking of your computer ... they have already cloned the hard disk ..

If Amanda was home ... if she was out, wtf were you doing? ... were you at the computer? ...... We cannot understand, this [=AK] within three days, when she went to the questura ... she has four to five different versions ... she has pulled in the little negro a@@hole ... Is a strange personality this girl, isn’t it?.

In his second and third alibis Sollecito definitely seemed to throw Knox under the bus.

It was only after hearing of Sollecito’s second alibi from police interrogators that Knox headed off down the slippery slope that now results in a confirmed three-year sentence for her and calunnia trials for both herself and her parents.

It was right then that Knox pointed the finger at Patrick Lumumba, in her own second alibi when still only a witness.

Upon his release by Judge Hellman, Raffaele Sollecito adopts a high and surprisingly jubilant “catch me if you can” profile not dis-similar to that which has been the downfall of many a psychopath throughout history.

He goes on national TV and avoids all the hard questions and he bristles with narcissistic bravado. He makes several statements about himself and Knox from his seclusion in Bisceglie north of Bari, which his father then publicly tries to pull him back from. 

A seemingly naive ghost-writer, Andrew Gumbel, is invited in to capture Sollecito’s immortal thoughts, and he seem to have instantly started to mirror Sollecito’s extreme bravado.

More or less the opposite of the cautious, subdued book approach of the Knox camp. Although she may not have wanted this, Amanda Knox will be tied forever to Sollecito in the opportunistic, self-serving title: “Presumed Guilty: My Journey to Hell and Back with Amanda Knox”. 

Book announcements are totally mute about all the legal trouble headed down the pike toward himself and Knox and their two families. The publisher’s announcement makes this inaccurate statement:

“Sollecito was an unwilling participant in a case that riveted the world. The Italian media convicted the young couple before any evidence had even been heard,” Gallery Books said in a statement. “Over and over, Sollecito came under pressure to change his testimony and get himself off the hook, but he refused to betray Amanda and he refused to lie.

“In “˜Presumed Guilty,’ Sollecito will finally tell his side of the story “” from his first meeting with Amanda Knox, to his arrest, prison time, subsequent release, and current relationship with the woman he stood by through the worst ordeal of both their lives.”

Really?! No, in fact Sollecito threw Amanda Knox under the bus as soon as he was leaned on, in his alibis two and three. He left her under the bus throughout the whole trial. Even after she rather desperately reached out to him in Capanne prison.  And he lied again and again and again. Besides:

  • Sollecito seems to show no concern at all that Perugia’s formidable chief prosecutor Dr Galati has filed a devastatingly strong appeal with the Italian Supreme Court.
  • Sollecito seems to show no concern at all over his own family’s upcoming trial or the fact that they might end up in prison (which could cause his father to lose his medical license).
  • Sollecito seems to show no concern at all that, for over-vigorously trying to defend him, his sister Vanessa has now permanently lost her plum job with the Carabinieri.

And now? Well, now there is a new report from the UK press, which seems to keep stringers permanently on the ground in Seattle and may have a direct pipeline to the Knox-Mellases. The report includes this:

Amanda’s new boyfriend, musician James Terrano is understood to be unhappy about Raffaele’s arrival.

James Terrano has himself been very cautious. He is unlikely to have let that damning remark leak out without a heads-up to Amanda Knox and her family. This seems yet another sign that the secret Seattle meetings are not simply a lovefest. 

Both families seem to be struggling with a loose cannon called Raffaele.



Monday, October 03, 2011

Is The Raffaele Sollecito Defense Team About To Separate Him From A Radioactive Amanda Knox?

Posted by Peter Quennell





Sollecito has at least five advantages over Knox in what may be the final day of court tomorrow.

First, the smartest and most influential of all the lawyers in MP Giulia Bongiorno. Second, a relatively attractive family which has run a low-key smiling campaign. Third, relatively little evidence (the bra clasp and footprint) placing him at the scene of the crime and unlike Knox no alibi that says he was there.

Fourth, no obvious motive for either the murder or the cleanup compared to the many possible motives for Amanda Knox. And fifth, a weak wishy-washy personality on which Bongiorno has already played, casting Knox as the lead player in the drama and Sollecito as either accidentally there or not at all.

The mood does seem to be moving against Amanda Knox now as the extreme arrogance of the million dollar campaign sinks in. And if her “spontaneous” remarks to the court tomorrow follow her usual pattern, they will yet again make her look callous and concerned only about herself.

Several reports are out now in Italian harking on these themes. This report by the Associated Press with a possible nudge from the Sollecito team gives a sense of what the Italian reports are saying.

Even in Sollecito’s native Italy, it is Knox who commands the most media attention. Two prominent celebrity and gossip magazines, “Oggi” and “Gente,” put Knox on their covers during the final week of arguments in the appeals trial, and newspapers characterize him as being in the background.

Not even prosecutors have portrayed Sollecito as the main protagonist in the murder of Meredith Kercher on Nov. 1, 2007. According to their version, Sollecito held Kercher from behind while Knox stabbed her and another man tried to sexually assault her. Ivorian immigrant Rudy Guede was convicted in a fast-track trial and saw his sentence cut from 30 years to 16 years on appeal.

Attention during the investigation focused intensely on the two young female roommates as the world and prosecutors searched for a motive. Knox was portrayed as sexually promiscuous and lacking inhibition, while at the same time working hard to support herself and trying to learn Italian; Kercher was depicted as more serious and studious, who had at the end of her life began to chafe at her American roommate’s sloppiness.

The good girl/bad girl dichotomy drove headlines across the globe, while Sollecito “” the mild mannered boyfriend “” was largely overlooked in a supporting role.

It’s a role that his defense lawyer plays up. Sollecito is the son of a wealthy doctor from southern Italy who hired a crack legal team to defend his son. It’s led by Giulia Bongiorno, who defended former Italian Premier Giulio Andreotti on charges of mafia association.

“It’s not by chance that Raffaele arrived in this trial as the boyfriend. Nothing connects Raffaele to the crime,” Bongiorno said in her closing arguments last week. “With a girlfriend, you usually get a family. Raffaele got a murder.”

She said the few pieces of evidence in the “Amanda-centric” trial relate to Knox, not to Sollecito. “Nothing connects him to the crime,” Bongiorno said.


Tuesday, August 02, 2011

Powerpoints #17: Why The Totality of Evidence Suggests Knox And Sollecito Are Guilty Just As Charged

Posted by James Raper With Kermit





Please load Powerpoint Viewer if not on your system, and click here for the slides. The Powerpoints consist of 150 slides, the outcome of many hours of work, and should open in 30 to 60 seconds. 

Impartial lawyers like myself tend to look at a tough case like this and think, “Now what would I have done differently?” The problem for the defences here is that there are literally hundreds of evidence points, many created by the appellants themselves as they behaved erratically both on the night Meredith died and subsequently.

The Knox family legal advisor Ted Simon (who in our view was brought in far too late to be of real help after all the bull-in-a-china-shop damage of the PR) himself recognized this, on Dateline NBC late in 2008, when he said that a whack-a-mole approach to creating reasonable doubt would fall short in this case. (Whack-a-mole is a popular fairground game where “moles” keep popping up out of various holes, and you win if you can whack them all.)

Judge Micheli set out a big picture for the conviction of Rudy Guede in October 2008 and the remitting of Knox and Sollecito to stand trial. Judge Massei clearly created a big picture in all of the fine detail he neatly tied together in his 425-page report. The Supreme Court of Cassation understood the big picture in declining Guede’s final appeal.

The defences have never really managed to respond with their own big-picture approach. Nitpicking of a few evidence points, which is really all the defence and the campaign have done, will only very rarely destroy such an edifice. At the end of the DNA rebuttal this September, the DNA collection and analysis is unlikely to be fully discounted, and already it seems that more ethical and competence question marks hang over the independent consultants than over Dr Stefanoni and her team.

This for your consideration is an overview of all of the main evidence. Check it out as you go through and you will see that after the nine long months of the appeal process it is all almost entirely left standing. If they really want to see Knox and Sollecito released, the defence lawyers now need to bite the bullet and prepare their clients properly and let them try to explain from the stand.


Sunday, June 19, 2011

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

Posted by Skeptical Bystander




Why This Long Summary

The full Massei Report can be found here.

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

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

Click here for the rest


The Massei Sentencing Report For Knox And Sollecito: Part 2 Of A Summary In 4 Parts

Posted by Skeptical Bystander





The full Massei Report can be found here. Continuing on with our summary:

4. Morning of November 2

Accounts of the events of the morning of 2 Nov do not agree. According to Knox’s statement, she and Sollecito slept until around 10-10:30 am.[67] After a while, she decided to go back to her house to take a shower and change her clothes, and to fetch a mop to clear up some water from a leaking pipe in Sollecito’s kitchen.[65] Her intention was that when she returned they would leave for a planned trip to the nearby town of Gubbio.[70]

When she arrived at her apartment, she was surprised to see that the front door was open. She entered the house, leaving the door open in case it had been deliberately left ajar by one of her flatmates, who might have gone out briefly, to get some cigarettes for example. She then went to her own room, undressed and went into the bathroom that she shared with Meredith. She took out her earrings and cleaned her ears - a regular necessity because the piercing in one ear had become infected. She noticed drops of blood in the sink, and thought this strange but continued to take a shower. Getting out, and not having remembered her towel, she decided to use the bath mat to shuffle into her own room. At that moment, she noticed the blood stain on the mat but thought it might be from some menstrual problem that hadn’t been cleaned up.[70]

Having returned the bathmat, she put her earrings back on, brushed her teeth, dressed in clean clothes and then went in the other bathroom (the one used by Romanelli and Mezzetti) and dried her hair with their hairdryer. She then noticed that there were feces in the toilet, which was strange as Romanelli and Mezzetti were very clean. She left her apartment, locking the front door, and went back to Sollecito’s, where they made breakfast and she told him what she had seen.[70]

In contrast to this account, forensic examination of Sollecito’s computer showed that it had been used for about half an hour from 5:32am to listen to music. After this, he turned on his mobile phone and, at 6:02 am,  received an SMS message which had been sent to him by his father the previous evening when the phone was switched off. Phone records also confirmed a call made at 9:30am to Sollecito by his father. There was no mention of any of this activity in Amanda’s statement.[82]

According to the testimony of Marco Quintavalle, the owner of a small supermarket, he opened his shop at 7:45am on the morning of November 2 and almost immediately a young woman, whom he identified as Amanda Knox, went into the store department that had groceries, detergents and toilet paper on sale. He saw her leave again but did not know if she bought anything. Quintaville did not present this information to the police until some months after the crime and explained that, although he had previously been questioned about the morning after the murder, he had not been specifically asked about Knox. Another of the shop’s employees stated that she had not seen Knox in the store.[83-84]

The court highlighted the discrepancies between Knox’s account and the evidence of the computer and phone records and the testimony of the shop owner. It also doubted the credibility of Knox going back home to change her clothes, take a shower and fetch the mop to dry the floor. Since Knox and Sollecito had planned a trip to Gubbio that morning, she could well have brought the clothes with her that would be needed. It was also noted that Knox had already showered and washed her hair at Sollecito’s house, the previous evening: there was no obvious need for her to repeat those actions and, if there were such a need, there was no reason why she couldn’t do so at Sollecito’s. Fetching the mop to dry the floor was also deemed to be scarcely credible, considering that Sollecito employed a cleaner and, in any case, everything needed to clean up some water was already there.[85]

What is certain is that, around midday, Knox called Filomena Romanelli to say she had arrived at the apartment and had found the door open: she had taken a shower and it had seemed to her that there was some blood in the apartment. She said that she was going to Sollecito’s place but did not know the whereabouts of Meredith. Romanelli rang Knox back and Knox (now at Sollecito’s) told her that the window in Romanelli’s room was broken, everything was in a mess, and that she should come back home.[30]

Knox and Sollecito went back together to the house in Via della Pergola. According to their accounts, they looked in Romanelli’s room where there had apparently been a burglary, and checked the other rooms, but found nothing missing. They were worried that Meredith’s door to her room was locked and, when she was called, there was no answer. Sollecito made an attempt to force open Meredith’s door (described by the court as a ‘timid’ attempt, given that it was easily forced open later).[31] After that, they left the house, partly to look at the broken window from the outside.

Earlier that morning, two mobile phones had been discovered in the garden of a house located in Via Sperandio, a short distance from 7 Via della Pergola (the shortest route would be distance of about 5-7 minutes on foot, according to one witness).[25] The owner of the house had contacted the Communcations Police with regard to a telephoned bomb threat which she had received and then discovered the two phones. One of the phones was registered to Romanelli (although both were in fact Meredith’s phones - one given to her by Romanelli for use in italy).[26][30]

The Communications Police traced Romanelli’s address and arrived at the girls’ apartment some time between 12:30pm and 1pm. Outside the house, they found Amanda Knox and Raffaele Sollecito ““ who said that they were waiting for the carabinieri, whom they had called because they had been away for the night and had come back to find the entrance door open and then a window broken.[28]

Romanelli, her friend Paola Grande and their boyfriends, Marco Zaroli and Luca Altieri arrived around 1pm.[28] Romanelli made a quick check of her room, discovering that, although it was in a complete mess with the windowpane broken and clothes thrown around the floor, nothing was missing.[31] Nonetheless, she was concerned that the front door had been found open, bloodstains had been found in the small bathroom, and there was no news of Meredith. Furthermore, Meredith’s bedroom door was locked.[31]

The significance of this fact subsequently became a point of disagreement, with Knox saying that even when she went to the bathroom for a shower Meredith always locked the door to her room (the fact that she said this being confirmed by Zaroli and Altieri). Romanelli, on the other hand, said she was aware of only one occasion when the door had been locked and this was when Meredith had returned to England for a few days.[31]

The Massei report notes Knox’s apparent lack of concern at the locked door, both in the presence of the Communications Police and in her earlier telephone conversation with Romanelli. This was at odds with an email that Knox sent to her friends and family a few days after the murder (November 4, 2007) in which the locked door acquired a central importance and Knox described herself as “panicking” when she first discovered it.  Massei concludes that panic at the locked door would be a logical reaction if Knox had been uninvolved in the murder, but according to Romanelli and the Communications Police, there was no such panic.

Knox and Sollecito, in fact remained in the living room, some distance away from Meredith’s room, while Romanelli and her friends were so concerned that they decided to force the door open. One of Romanelli’s friends broke down the door and the bloody body of Meredith Kercher was found.[32] The Communications Police sealed the area and called the Carabinieri, who arrived a short time later.[33]

5. Pathology: Injuries, time and cause of death and Conclusions

Massei observes that the injuries Meredith Kercher sustained were the subject of intense analysis and speculation in the courtroom, yet his summary and conclusions are clear and concise.  Many of Meredith’s injuries appear to have been caused by the actions of restraining, whereas some were obviously inflicted by a knife or knives and showed great diversity in both dimensions and overall harmfulness.  Massei found that one point was particularly significant: the knife wounds from the attack to Meredith’s neck came from both the right and the left sides.[371]

Massei believes Meredith’s injuries lie at the heart of the debate over the single attacker versus the multiple attacker scenarios.  The hypothesis of a single attacker requires that the single attacker continually modify their actions, first by exercising a strong restraining pressure on her, producing significant bruising, and then for some reason switching to life threatening actions with a knife, thereby changing the very nature of the attack from that of subjugation to that of intimidation with a deadly weapon, and finally to extreme violence by striking first from the right penetrating to a depth of 4cm (1.5 inches) and then from the left to a depth of 8cm (3 inches) into the neck.[371]

Massei describes the first knife blow coming from the right by saying that it was apparently halted from going any deeper by hitting the jawbone. The Court considered that this blow was an effort to force Meredith to submit to an action against her will. The Court also considered that the penetrating knife wound from the left was preceded by the action of running the knife over the surface of the skin on the same part of Meredith’s neck, just a few centimeters below the eventual strike zone where the serious, deeper second wound was inflicted.[371]

What surprised Massei about Meredith’s wounds was that in spite of all the changes in approach during the attack she somehow remained in the same vulnerable position, leaving the same part of her neck fully exposed to an attacker.  If this were a solo attacker then this person released a firm restraining grip on Meredith to somehow bring a knife into play, then striking her first from the right and then switching the knife-holding hand to somehow float a knife in an intimidating manner across her neck on the left, before finally stabbing her in that same location on the left with a final debilitating blow.[371-372]

Massei concludes that throughout the attack Meredith remained virtually motionless, and he cites the almost nonexistence of defensive wounds on other parts of her body in comparison to the number, distribution, and diversity of impressive bruises and wounds to her face and neck.  Massei finds this disproportion to be a significant factor, particularly when considering Meredith’s physical and personality characteristics.[370,371]

Meredith’s physical build was described as being slim and strong; possessing a physique that would have permitted her to move with agility.  In addition, Meredith was described as being athletic and one who practised football, karate, and boxing.[369]  Therefore, the court found it unlikely that only one person performed the attack against her, and inevitable that several people had acted together against Meredith; a group who forcibly restrained Meredith in movement so that she could not defend herself in any way nor shield herself with her hands in order to avoid the repeated attacks to her neck.[371]

Meredith’s defensive wounds were found to be minimal and consisted of a 0.6cm (quarter inch) long superficial slice on the palm of her right hand showing only a trace of blood and another 0.6cm (quarter inch) slice on the second finger of her left hand, along with several highly superficial cuts to the fingertip of the index finger.  Massei finds this remarkable considering that the normal and instantaneous human reaction to that first violent knife stab to the neck would have been to protect the area of attack, along with a strong desire to escape even if it meant receiving a blow to another part of the body.  However, Meredith remained in the same standing position while continuously offering her exposed neck to the actions of the person(s) striking her, with the peculiar distinction of striking first from the right and then from the left.  Massei believes that a scenario as such seemed inexplicable, unless one accepts the presence of more than one attacker who, as a group, forcibly restrained the athletic Meredith’s movements while intimidating and striking her from multiple angles.[369]

Massei also believes that evidence demonstrated Meredith was still dressed and awake when the attack began on her and that the violence against her could not have taken place as it did if Meredith were lying on her bed.  Massei concludes that Meredith was sober and fully conscious since no traces indicating either the use of drugs or the abuse of alcohol were found; all of which, if present, might have contributed an inability to firmly resist an attack.[369]

Furthermore, Massei finds it impossible to imagine a scenario in which a single person could have removed the clothes that Meredith was wearing (shoes, pants and underwear) while inflicting the sexual violence revealed by the vaginal swab.  Massei finds it highly unlikely that one person could have caused all of the resulting bruises and wounds cited above in addition to removing her sweatshirt, pulling up her shirt, and bending her bra hooks by force before finally tearing and cutting the bra. The actions on the bra alone, during which a small piece of material with hooks was cut off and thrown to the floor, were necessarily conducted from behind Meredith and required the attention of both hands of an attacker, and thus Meredith would have had her own hands free to attempt actions of self-defense.[370]

Massei concludes there was very little evidence of any defensive maneuvers on the part of Meredith, which to him was a strong indication that several attackers were present, each with a distribution of tasks and roles: either holding Meredith and preventing her from any significant defensive reaction, or actually performing the violent actions.  Massei concludes that the rest of the body of evidence came in full support of such a scenario, recalling that a biological trace of Rudy was found on one of the cuffs of Meredith’s sweatshirt indicating a gripping in order to prevent any reaction.  In drawing together all of the elements mentioned above, both circumstantial and forensic, Massei concludes that the diverse morphology of the injuries, their number, and their distribution mandated that the violence against Meredith was performed by multiple attackers.[370-371]

Summary of pathology findings

Massei describes the significant injuries discovered during the post-mortem examination and states that there were no noticeable injuries in the chest or abdomen areas, two areas of slight bruising on one elbow, small wounds on the hands indicative of a minimal defensive response, very slight bruising on the front of the left thigh, minor bruising on the front middle of the right leg, and a slight area of bruising just below the top of the head.[111-112]

Massei cites compelling evidence of recent sexual activity having the characteristics of non-cooperation on the part of the female participant.  Non-spermatic biological material belonging to Rudy Guede was discovered during the course of a gynecological examination of the corpse. This, in conjunction with a distinct pattern of abrasions, was interpreted by the court as being strong evidence of sexual violence.[157-158]

The head and neck injuries were the most significant and included small spots inside the eyelids indicative of asphyxiation, a bruise to the cheek possibly caused by a knife point, bruising on the nostrils and trauma to the lips suggestive of silencing or suffocation efforts, biting injuries to the tongue, bruising and abrasions on the lower jaw indicative of a hard compression by hand, and neck swelling and hemorrhaging with pools of blood left inside the lungs as a result of two significant knife wounds.[111]

Dr. Lalli, the Perugia Coroner, who performed the autopsy on Meredith at the morgue of the Perugia Polyclinic, reported that the hyoid bone, located at the back of the tongue muscle had been “severed”.[145: Professor Torri quotes Dr. Lalli’s comment]

The most significant wounds Meredith sustained were inflicted by knife-stabs and thrusts occurring very quickly from the right and from the left, severing the right superior thyroid artery and the hyoid bone.[139] The largest of these was inflicted by a knife high on the left side of the neck near the jawbone which penetrated to a depth of 8cm (3 inches).[111]

Another significant knife wound, 4cm (1.5 inches) deep, was noted on the right side of the neck, above which were found superficial parallel scratches.  The wound from the right crossed the path, inside the neck, of the wound from the left. The Court concluded that these knife wounds were made by single-bladed, pointed cutting tools and that Meredith’s injuries might be consistent with a virtually infinite number of instruments, provided they had a blade with only one sharpened edge that was not serrated.[111-113]

The Court held that it is self evident that should one conclude during forensic pathology investigations that a knife is not compatible with any of the wounds inflicted on the victim, it would be pointless to give that knife further consideration, including DNA testing.[166]

The experts and consultants who were examined during the course of the trial, taking into examination the various wounds present on the neck, did exclude the compatibility of Raffaele’s knife with the smaller stab wound inflicted on the right side of the neck, and the Court agreed.  However, the Court did not agree with arguments that the knife confiscated from Raffaele’s flat was incompatible with the deep wound on the left.  The Court concurred with expert testimony proclaiming that the knife presented by the prosecution as the murder weapon, with the DNA of both Meredith and Amanda on it (ie the “double DNA knife”), is clearly compatible with the large fatal neck wound.[169-173]






Cause of death

The Court found that the death of Meredith Kercher was asphyxia caused by the neck-wound which severed both the hyoid bone and the right superior thyroid artery. The severing of the hyoid bone opened Meredith’s airway directly through the skin to the atmosphere, and the severed right superior thyroid artery was the main source of the blood which asphyxiated her when she then inhaled blood directly through her severed airway down into her lungs.[162]

Time of death

In order to preserve the crime scene, a thorough examination of the corpse was not performed until approximately 11 hours after the body was discovered.  Relying upon the criterion of body temperature and the influences of various other factors such as blood loss, the corpse being covered with a duvet, and other environmental conditions the time of death was initially placed approximately between 8:00 pm November 1, 2007 and 04:00 am November 2, 2007.  An intermediate value for such a time range is considered of value, and the actual time of death was suggested by the coroner as being approximately 11.00 pm on November 1, 2007.  The combined criteria of temperature, hypostatic stains, and rigor mortis all supported this range for the time of death, but for a variety of reasons were unable to accurately define a more narrow time of death range.[113-116]

Massei notes that the state of digestion of Meredith’s stomach contents provided significant additional information towards establishing a more accurate estimate for the time of death.  Meredith’s stomach contents included apple, cheese, and floury fragments of the apple crumble she ate while visiting friends, which had not yet entered into her the small intestine.  In addition, a piece of mushroom was also found in Meredith’s esophagus.  This could not have been consumed during the meal with friends, which did not include mushrooms, since it was in a different less digested state.[115, 178-179]

Testimony during the trial established that an emptying of the stomach into the small intestine under typical conditions starts between two and four hours after the start of a meal.  A complicating factor is that Meredith apparently ate additional food at home after her earlier meal which, according to statements made by the British friends of Meredith, occurred sometime between 6 pm and 8 pm.  Nevertheless, it becomes possible to propose a time of death as being 3 to 4 hours beyond the time frame of the initial eating event: therefore, this could reasonably range between 9pm (around the time she arrived home) and midnight of November 1, 2007.  This timeframe remains consistent with all other indicators.  It is important to note that the beginning of the attack would have been a moment of tremendous stress for Meredith that may have arrested her digestive process. However, Massei notes that this, like many other variables concerning the behavior of the digestive tract, remains in the realm of speculation.[178-179]

The various consultants and experts heard in court regarding the time of death all emphasized the difficulty of establishing a precise time.  Regarding time of death, there can be no doubt that Massei relied upon the evaluations of a variety of evidentiary sources, including the consideration that Meredith would not have been able to make any vocalizations following the final fatal stab wound to her neck, which lends importance to witness statements regarding when they may have heard a scream on the night of the murder.  However, the Court concluded that testimony regarding the pathology alone made it possible to suggest that the time of death that was, in fact, within a range of tens-of-minutes either before or after 10:50 pm November 1, 2007.[131]

6. Forensic investigation

The forensic evidence included the analysis of DNA in various samples taken, of footprints revealed by Luminol, and of foot prints and shoe prints.

Meredith Kercher

The fatal wound was swabbed in order to obtain the profile of her DNA for comparison with other samples. [190] One of two swabs of her vagina produced genetic material, the DNA of the Y chromosome of Rudy Guede. [189] Samples taken from under her fingernails yielded only her own DNA. The court noted that her finger nails were very short and probably would not inflict significant scratches on an attacker. [190]

Rudy Guede’s Y chromosome was also found mixed with Meredith’s blood on Meredith’s handbag and on the left cuff of her sweatshirt.[192]

The Small Bathroom

Blood was found in seven locations in the small bathroom that Knox shared with Meredith. [192]

“¢ The Door Frame: blood was found on the right, inside door frame containing Meredith’s DNA. [192]
“¢ The Light Switch Plate: Meredith’s blood was also found on the light switch. [192]
“¢ The Sink: Blood was found in two places. There was dried blood near the faucet that had the DNA of Knox. [192] A streak from the left part of the sink toward the drain containing Meredith’s blood mixed with DNA of Knox.[192]
“¢ The Bidet: Meredith’s blood was found mixed with the DNA of Knox.[192]
“¢ The Toilet Lid: Meredith’s blood.[192]
“¢ Q-tip Box: Meredith’s blood mixed with DNA of Knox.[192]
“¢ The Bathmat: Three samples taken from the bathmat yielded Meredith’s blood.[192] The bloodstains on the bathmat were studied and compared with footprints taken of the right foot from Knox, Sollecito, and Guede, and found to be that of Sollecito. [351-355]

The Large Bathroom

Toilet paper and faeces were found in the toilet. Testing the toilet paper found the DNA of Rudy Guede.[192]

Traces Revealed by Luminol

Various surfaces were sprayed with Luminol, which fluoresces brightly when applied to blood. The fluorescence was then swabbed and tested for DNA. Nine traces were found; two were Meredith’s, three were Knox, and two were mixed DNA of Meredith and Knox.[281-286]

“¢ Romanelli’s Bedroom: One sample of Meredith, and one of Meredith’s blood mixed with DNA of Knox.[282]
“¢ Hallway: Three footprints matching, based on measurements, Knox’ right foot were found, two facing the exit, and one oriented toward the doorway of Meredith’s room.[247]
“¢ Knox’ Bedroom: Footprint of Amanda Knox’ right foot, also identified by measurements.[247]

Shoeprints

Shoeprints made in Meredith’s blood and visible to the naked eye led from Meredith’s bedroom to the exit, becoming fainter toward the exit. [193] These were determined to be incompatible with Sollecito’s shoe size 9, and to be compatible with a Nike Outbreak 2, size 11.[334-336]

Although the shoes were never found, a box for Nike Outbreak 2, size 11 was found in Guede’s apartment.[334]

A left shoe print was found on Meredith’s pillow, estimated to be between size 36 and 38.[342]

Knox wears a size 37.[343] A defense expert made a comparison of the sole pattern with Guede’s right shoe, and argued that the print could have been made by him. The court noted the conflicting theories without expressing a specific opinion,[343-344] and noted that Knox seemed to have been moving about the scene in her bare feet.[344]

Other Evidence

“¢ A small trail of drops of Meredith’s blood from the small bathroom to the kitchen/living room.[193]
“¢ A cigarette butt found in the kitchen had mixed DNA of Sollecito and Knox.[197]
“¢ A jack knife belonging to Sollecito was found to have the DNA of Sollecito and Knox, but no blood.[195]

The Court’s Analysis:

The defense did not contest the mixed DNA test results, but instead argued that they were irrelevant: that mixed DNA would be expected since Meredith and Knox lived in the same house and shared the small bathroom. [378] They suggested that Knox’s DNA could be exfoliated skin cells. Dr. Stefanoni (for the prosecution) testified that exfoliated skin cells are keratinized and contain no DNA. [202]

The court concluded that Knox’ DNA became mixed with Meredith’s blood from vigorous scrubbing of the hands and feet, and that this is how the mixed DNA sampled came to be found in the sink and the bidet.[279]

DNA testing cannot, by itself, determine when biological material has been deposited, or in the case of mixed DNA, which was deposited first or whether it was simultaneous. [211] However, the court noted that Knox told the court in her answer to questioning that the bathroom was clean when she left the house on the afternoon of November 1.[278]

The court concluded that Meredith’s killers had gotten blood on their hands and elsewhere on their bodies, and that they needed to clean off the blood. Accordingly, they tracked blood on their feet to the small bathroom, where Meredith’s blood was transferred to the doorframe and light switch plate when they turned the light on in order to use the bathroom.[279] Sollecito tracked Meredith’s blood into the bathroom, leaving a partial print of his right foot in blood.[379]

Knox was not wounded.[280] The trace of her blood on the tap was different in appearance from the mixed DNA samples, and was explained by her as having come from her own ear having been pierced. [280] The mixed trace in the sink and the bidet appeared to have been diluted with water, constituting a single trace placed there by Knox when she was cleaning Meredith’s blood from her hands and feet.[378]

The defense experts did not specifically attack the accuracy of the findings on the trace evidence revealed by Luminol.[285] Dr. Gino noted that a generic test for blood was negative on the sample, and that the DNA test was low copy number. She also noted that substances other than blood can cause Luminol to fluoresce.[282]

The court observed that there was an abundant quantity of Meredith’s blood on the floor of the bedroom to be tracked around the house.[279] The fact that DNA testing revealed the presence of genetic material in the samples indicates the presence of biological material that reacts with Luminol. The court said that attributing the fluorescence to fruit juice, rust, bleach, vegetables, etc. could not explain the presence of reactive trace in so many parts of the house, whereas the walking in blood and subsequent cleanup easily accounts for the findings.[283-285]

The defense’s “low copy number remark” was rejected because Dr. Stefanoni had testified that the sample had been processed according to standards and procedures necessary for international quality certification, and noted that the certification was granted by the international certifying body in 2009; the quality certificate was an acknowledgement of what already existed, and had already been done.[285]  Further, the court noted that the criticisms of Dr. Gino and Dr. Tagliabracci were hypothetical, and all concerned specific findings and a small portion of the specimens.[285]

The footprint on the bathmat was partial, missing the heel. [339] Based on the dimensions of the big toe, the plantar arch, and the shape and location of various “bumps”, Inspectors Rinaldi and Boemia concluded that the print was made in Meredith’s blood by Sollecito’s right foot, that it was consistent with Sollecito’s wider foot and inconsistent with Guede’s longer, narrower foot, and well as being inconsistent with Knox.[339-342]

The measurements from the bathmat: big toe”“33mm wide, 39mm long. Metatarsus”“99mm wide, 55mm long. [339]

Footprints taken with printer’s ink resulted: Big Toe—Sollecito: 30mm wide, 37mm long. [339] Guede: 23mm wide, 43mm long. Knox: 22mm wide, 41.8mm long.[339] Metatarsus”“Sollecito: 99mm wide[339]

Rinaldi and Boemia used the so-called L.M. Robbins grid, which is marked in centimeters, lining the vertical axis with right-hand outline of the foot, and the horizontal axis with the tip of the big toe. [340] By comparing the samples with the bathmat, they concluded that the shape of Guede’s plantar arch and the alignment of his “bumps” could not be reconciled with the print on the bathmat, whereas Sollecito’s bumps align consistently between his sample and the bathmat. [340-341] The primary distinctions between Guede’s right foot and Sollecito’s are: the width of the big toe, the shape of the metatarsus, differences in the plantar arch, and the shape of the left side of the foot.[341]

Professor Vinci, Sollecito’s expert attempted to show that the foot print was actually that of Guede. He argued that the morphology of Sollecito’s foot was such that his second toe made no contact with the paper, but that a portion of the mark on the right side of the big toe print on the bathmat is actually from the second toe. He thus measured the big toe print as being 24.8 mm wide.[352]

The court rejected this theory. It noted that the photograph appeared to show the opposite of what was claimed, i.e., it showed the blood had been deposited as a single unit on a decorative flourish of the mat. Moreover, the court noted that, by comparison, Guede’s foot is generally longer and more tapered, and that the second toe print falls quite far from the big. [354] Finally, the court discounted the idea that Guede had ever been in his bare feet that evening. The visible shoe prints clearly showed that he walked directly from Meredith’s room, down the hallway, and out the door.[379]

Part Three is here.


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

Posted by Skeptical Bystander





The full Massei Report can be found here. Continuing on with our summary:

9. Conclusions reached by the court

The court concluded that Amanda Knox and Raffaele Sollecito had colluded with the main protagonist, Rudy Guede, in murdering Meredith Kercher and that this was in the context of a sexual assault.[390-393]

The evidence that Guede was involved in the murder included his bloody handprint found on a pillow in Meredith’s room, and his DNA found on a vaginal swab taken from Meredith, as well as on the cuff of Meredith’s sweatshirt and on a strap of her bra and on her purse. Further biological traces of Guede were found on the toilet paper in the larger bathroom. His bloody footprints were found in the corridor leading out from Meredith’s room to the front door of the apartment. All this evidence pointed to Guede having been in the apartment, crossing the living room to the larger bathroom (where he used but did not flush the toilet), passing back through the living room and the corridor to Meredith’s room, where he committed the murder, then exiting directly along the corridor and through the front door.[43-44]

The court next considered whether Guede had entered the apartment through the broken window in Romanelli’s room.[45] The defense had argued that Guede had previously been found uninvited inside a Milan nursery school and had been in possession of items stolen from a Perugia law office which had been burgled by someone who broke a window with a rock. He had also been identified as the person who had broken into a house and threatened the occupant with a knife. The court noted this evidence but also highlighted some marked differences from the current case, and also the fact that there was no direct evidence that linked Guede to the law office burglary. In addition, the court made a detailed analysis of the evidence of the ‘break-in’ and concluded from many pieces of evidence (see section 8) that the ‘break-in’ had been staged and that no-one had entered the house through the broken window. In fact, the conclusion drawn by the court from this staging was that it had been done in order to throw suspicion onto a supposed intruder who did not have a key to the front door.[46-55]

The court next considered whether Guede might himself have staged the break-in, which might have happened if Meredith had let him in through the front door and he intended to throw suspicion onto a supposed burglar. The court rejected this hypothesis: if Guede was alone in the apartment, following the murder, it is improbable that he would have stayed longer than necessary, faking a break-in, when the other occupants, who would recognise him, might return at any moment. Further doubt is cast on this scenario by the fact that some aspects of the ‘break-in’ are superficially similar to other crimes associated with Guede, so might lead investigators directly to him. Finally, the court doubted that Meredith, alone in the apartment, would have let Guede, whom she barely knew, in through the front door, let alone waited in her own bedroom while he used the bathroom.

The conclusion of the court was that Guede was let into the apartment by somebody, other than Meredith, who had a key to the door and that the ‘break in’ was likewise staged by someone who had a door key. Laura Mezzetti was away from Perugia on the night of the murder and Filomena Romanelli was staying elsewhere, at a birthday party. This left Amanda Knox who had a key to the front door and lacked an alibi for the time of the murder. She, according to the court, was the only person who could have let Guede into the apartment and who also would have a motive for staging the ‘break-in’ to simulate the forced entry of an intruder.[56-58]

The court noted the ‘intense’ relationship between Knox and Sollecito, and the fact that they were both using drugs.[365] After Patrick Lumumba sent Knox a text, shortly after 8 pm on November 1, 2007, telling her that there was no need for her to go to work that evening, the pair of them were free of any commitment that evening. By 9:15pm they had eaten dinner and washed up (as witnessed by Sollecito’s father’s earlier phone call), turned off their mobile phones and made no further use of Sollecito’s computer. The court’s conclusion was that this point, they both left Sollecito’s apartment and were seen by the witness Curatolo, several times, around the Piazza Grimana.[359]

Guede already knew Knox and was attracted to her. The court believed that around 11pm, on the night of the murder, Knox, accompanied by Sollecito, let Guede into her apartment, possibly having first met him in the nearby square.[361] The reason for Guede’s visit to the apartment could not be known for certain: perhaps he was going to spend the night there as had happened on another occasion, although in the downstairs apartment; perhaps to hang out with Amanda and Raffaele for a while and to use the bathroom; maybe he had come to look for his friends in the downstairs apartment, and finding them absent, called on the upstairs apartment.[363] What is certain is that Guede used the toilet in the larger bathroom.[364]

Meredith had arrived home, alone, earlier in the evening and was most likely reading or studying in her own bedroom. The court found it probable that, having used the bathroom, Guede went into Meredith’s room, intent on making sexual advances, which were rebuffed. It was probably at this point that Knox and Sollecito joined Guede.[365-366]

The court concluded from the presence of Guede’s DNA in her body, that Meredith’s attack involved a sexual assault: the evidence that it was not consensual sex was deduced from other specific injuries as well as the obvious violence. Based on factors such as Meredith’s strength and physical fitness, and the way she had been undressed, they believed that she was the victim of multiple attackers.[369-372]

Based on the forensic evidence, the court believed a sequence of events in which Meredith refused to accept an invitation of an erotic-sexual nature and was then grasped by the neck by her assailants, for the purpose of intimidating her. When this intimidation was unsuccessful, it led to an escalation of violence, which involved the small stab wound to the neck.[164]

It is likely that it was at this point that Meredith’s trousers and underwear were removed by her assailants and that she was sexually assaulted. Her top was lifted up and rolled up towards her neck and there was an attempt to unfasten her bra which, despite her resistance, was eventually cut off. A pillow was placed under Meredith to allow further sexual activity: from Guede’s bloody hand print on the pillow, it was deduced that Meredith was already bleeding at this point. Part of the bra, including the clasp which bore Sollecito’s DNA, was found under the pillow, which indicates that this was cut off before the pillow was placed.[164-165]

It was, the court believed, around this time that Meredith screamed loudly, as confirmed by the evidence of Nara Capezzali and Antonella Monacchia, which placed the time around 23:30 pm. The response of the assailants was the compression of the upper airways, by pressing a hand over Meredith’s mouth and nose, and then inflicting the deep knife wound to the right side of the neck. Their conclusion was that death occurred a few minutes later, and was caused by asphyxia resulting from the major neck wound from which there was bleeding into the airways, impeding respiratory activity. This was exacerbated by the severing of the hyoid bone ““ also attributed to the knife wounds.[165]

In the court’s opinion, the initial attempt had not been to kill Meredith, but there was “a crescendo of violence” in which the assailants simply accepted the risk of death, constructively transforming their initial non-homicidal intent into a pro-homicidal intent characterised by reckless malice.[171]






Regarding the murder weapon, the court found it difficult to accept that the wounds of various sizes were all made by the same assailant and the same knife. Their conclusion was that the smaller wounds were made with a pocket knife that has never been identified, but the largest (and fatal) wound was made with the knife which was subsequently recovered from a drawer in Sollecto’s house and which bore traces of Meredith’s DNA on its blade and Knox’s on the handle (the “double DNA knife” discussed in section 7.1).

The court believed that, following the murder, the murderers went into the smaller bathroom to wash off some of the blood as witnessed by the traces of blood found there. They rejected the possibility that these were older traces, left from some previous incident, as Knox had testified that that bathroom was clean when she left on the afternoon of November 1.[278] In the process of cleaning themselves, the murderers must have touched the door and the light switch, leaving a dribble of blood on the former and stains on the latter.[281] The bloody footprint on the bathmat (which matched the size of Sollecito’s foot), indicates that whoever went into this bathroom was barefoot, and must also have been barefoot in Meredith’s room.[279] While in the bathroom, it was deemed likely that the murderers scrubbed their hands, thus leaving mixed traces of Meredith’s blood and their own DNA in the sink and the bidet.[279] The court noted that the traces found in the small bathroom not only tested positive for blood, but also included a mixture of Knox’s and Meredith’s DNA. They concluded it was Knox who, on the night of the murder, had washed off Meredith’s blood in the sink and in the bidet.[280]

The court considered the traces shown up by Luminol tests in Romanelli’s room, Knox’s room and the corridor. Luminol tests positive for blood but can give false positive readings for other substances, including fruit juice, rust and bleach. Other tests for blood were applied to the same traces and proved negative, but were noted to be less sensitive than Luminol. The court considered the alternative interpretations of the Luminol results: it found it improbable that the traces were caused by such things as fruit juice or rust - particularly as there was no explanation for why such substances would be in all three locations. The possibility of bleach having been spread through the three rooms was more feasible, but in that case, the court wondered why it would not appear elsewhere in the apartment. Also there was no evidence (smell for example) that bleach had been used.

Furthermore, the traces contained biological material, although it could not be proved to be blood. Considering all the possibilities, and the fact that there were copious amounts of blood at the murder scene, the court believed that the Luminol traces were indeed blood. They noted that the traces tested positive for Knox’s DNA and, in two cases, also included Meredith’s DNA. Their conclusion was that Knox had washed her bare feet in the bathroom, but some residue of Meredith’s blood had remained on the soles, and she had then walked into her own room, into Romanelli’s room and passed through the corridor, leaving the traces which were discovered.[281-286]

The conclusion of the court was that Guede had left immediately, but Sollecito had then brought in a big stone from the surrounding area and he and Knox had broken the window in Romanelli’s room with it and attempted to fake a break-in. They had gone back into Meredith’s room, covered her body with a duvet, then locked her door.[381] The court believed that the murderers took Meredith’s mobile phones, left the apartment and dumped the phones in a nearby garden. This must have happened before about half past midnight, as can be deduced by the phone records.[383] Knox and Sollecito returned to his apartment where he made a very brief (4 second) use of his computer at about 1am.

Contrary to the statements of Knox and Sollecito, his computer was in use for half an hour from about 5:30am the following morning, and he turned on his mobile phone at about 6am. The court believed that Knox and Sollecito returned to the murder scene that morning, with Knox perhaps having bought cleaning materials from Quintavalle’s shop at about 07:45.[384] There was evidence that cleaning had taken place: for instance the bath mat marked with a bloody footprint could only have been reached by taking steps that should also have left other footprints. None were found, so the logical conclusion is that they had been cleaned up. Even the drip of blood left on the internal edge of the bathroom door was said to seem like the remainder of a much larger trace.[384]

In conclusion, the court stated that all of the elements put together, and considered singularly, create a comprehensive and complete framework without gaps or incongruities and lead to the inevitable and directly consequential attribution of the crimes to both the accused.[388]

 


Wednesday, June 01, 2011

Michael Wiesner Of Hawaii: Ten Major Mistakes In His Ill-Researched And Malicious Claims

Posted by The Machine

[If video “disappears” because of considerable legal liabilities download this version here.]


Who is Michael Wiesner?

Michael Wiesner is actually a social studies teacher at the Mid-Pacific Institute High School in Honolulu in Hawaii. 

Principal Grace Cruz (image at bottom here) is the supervisor of the staff of the school who presumably supervises Michael Wiesner and makes sure that her students are taught the truth - and to stay far away from drugs. Real estate broker James Kometani is the chair of the institute’s board of trustees.

Wiesner is the latest and hopefully the last of the Knox sockpuppets intent on heading up that bizarre parade of middle-aged white knights and snake oil salesmen and commercial opportunists which Knox and her lawyers say they could do better without.

It is unclear if he has ever been to Italy or talked to anyone directly concerned with the case.

So far, he has worked hard to mislead a group of his high-school students as to the real Amanda Knox and the hard evidence in her case, he has posted a YouTube of some of his fabricated claims (above), and he has enmeshed himself in the conspiracy website run by the serial defamer “Bruce Fisher” who (surprise surprise) is now so desperate for adult attention.

To bolster Michael Wiesner’s credibility there “Bruce Fisher” attempts to draw attention away from Michael Wiesner’s irrelevant background, par for the course for that group, by claiming his “speciality” is “critical analysis of sources and media literacy”.

This is an analysis of ten of the claims made by Michael Wiesner in that YouTube. Smart students in Hawaii and smart parents of smart students in Hawaii would do well to absorb this before listening to any more shrill claims from this addled pretender.


False Claim 1: Amanda Knox had never been in trouble in her entire life (minute 0.44)

Amanda Knox had a reputation for being a heavy user of drugs in Seattle long before she ever headed for Perugia and the use of drugs in the US is an indictable crime.

Amanda Knox was charged for hosting a party that got seriously out of hand, with students high on drink and drugs, and throwing rocks into the road forcing cars to swerve. The students then threw rocks at the windows of neighbours who had called the police.

The situation was so bad that police reinforcements had to be called. Amanda was fined $269 (£135) at the Municipal Court after the incident - Crime No: 071830624. She was also warned about the rock throwing.


False Claim 2: Everyone who knew her swear she never could have committed that kind of violence (minute 0.48)

Many who knew her back in Seattle went ominously silent after she first was implicated, and several who claimed to have encountered her there posted on the web that they were not entirely surprised.

Meredith’s boyfriend, Giacomo Silenzi, and her British friends certainly did not swear that Amanda Knox could not been involved in Meredith’s murder. On the contrary, after witnessing her bizarre and oddly detached behaviour at the police station on 2 November 2007, they all told the police that her behaviour was suspicious.

“Giacomo then talked with Meredith’s British friends, who all agreed that Amanda was oddly detached from this violent murder. One by one, they told the police that Amanda’s behaviour was suspicious.” (Barbie Nadeau, Angel Face, page 62).



False Claim 3: Raffaele Sollecito had never been in any kind of trouble in his life (minute 1.11)

If Michael Wiesner had bothered to read the Massei report on the sentencing of Knox and Sollecito, he would have known that Raffaele Sollecito was considered a drug addict, he had unnatural sexual proclivities, and he had a previous brush with the police.

Sollecito was monitored at his university residence in Perugia after hardcore pornography featuring bestiality was found in his room.

“...and educators at the boy’s ONAOSI college were shocked by a film “very much hard-core”¦where there were scenes of sex with animals” at which next they activated a monitoring on the boy to try to understand him. (p.130 and 131, hearing 27.3.2009, statements by Tavernesi Francesco). (The Massei report, page 61).

Sollecito had the previous brush with the police in 2003.

“...Antonio Galizia, Carabinieri [C.ri] station commander in Giovinazzo, who testified that in September 2003 Raffaele Sollecito was found in possession of 2.67 grams of hashish. (The Massei report, page 62).

Raffaele Sollecito was clearly already a drug addict. Four years after this incident, numerous witnesses testified that Sollecito was using drugs.

“Both Amanda and Raffaele were using drugs; there are multiple corroborating statements   to this effect…” (The Massei report, page 62).

It seems that Sollecito was not just using hashish. Amanda Knox claimed in her prison diaries that Sollecito had taken dangerous drugs like heroin and cocaine.

“According to Amanda’s prison diaries, Raf been reminiscing about his incredible highs on heroin and cocaine…” (Barbie Nadeau, Angel Face, page 163).

Mignini stated at the trial that Sollecito and Knox ran with a crowd who often used stupefying drugs.

“He also hinted that Knox and Sollecito might have been in a drug-fueled frenzy when they allegedly killed Kercher. He outlined the effects of cocaine and acid, and told the judges and jury how Knox and Sollecito ran with a crowd that often used these “stupificante,” or stupefying drugs.” (Barbie Nadeau, The Daily Beast, 20 November 2009).

Amanda Knox was in contact with a convicted drug dealer before and after Meredith’s murder. According to this Italian news report, the drug dealer’s name was on Knox’s contact list on her mobile phone.

“The young man defended by [lawyer] Frioni, on the basis of a service report by the police, he appears to be among the list of contacts within the cell phone of Amanda Knox.” (Translated into English by PMF poster Jools).

Knox and Sollecito both admitted that they had taken drugs on the day of Meredith’s murder. Michael Wiesner makes no mention of this in his YouTube video, presumably because it undermines the falsely wholesome portrait of them that he’s trying so hard to sell..


False Claim 4: After the murder Amanda refused to leave Italy (minute 1.26)

This claim is flatly contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she said she was not allowed to leave.

“i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”

Amanda Knox’s e-mail to her friends on 4 November 2007 can be found here.  Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation.

” I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight’” (The Massei report, page 37).



False Claim 5: The police called her in at 11.00pm (1.31 minute)

Michael Wisener’s claim is contradicted by Amanda Knox herself who testified in court that she wasn’t called to the police station on 5 November 2007.

Carlo Pacelli: “For what reason did you go to the Questura on November 5? Were you called?”

Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”

The transcripts of Amanda Knox’s testimony in court can be read on Perugia Murder File.  Michael Wiesner is clearly totally unfamiliar with any of her court testimony.




False Claim 6: The police began a brutal interrogation (1.33 minute)

Michael Wiesner speaks with great authority about what what happened to Amanda Knox at that witness interview, despite the facts that he wasn’t present and that Knox herself is being sued for false claims she made about it.

All the witnesses who were actually present when she was questioned including her interpreter (Mr Mignini was not there) testified under oath during her trial that she was treated well and wasn’t hit.

“Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

The newspaper Corriere dell’ Umbria said that Giuliano Mignini, the prosecutor, would bring an additional charge of slander against Ms Knox, since all police officers and interpreters who have given evidence at the trial have testified under oath that she was at no stage put under pressure or physically mistreated.” (Richard Owen, The Times, 15 March 2009).

She is actually being sued by those who were present (again, Mr Mignini was not.) Even Amanda Knox’s own lawyer, Luciano Ghirga, confirmed that she had not been hit, at Rudy Guede’s fast-track trial:

“There were pressures from the police but we never said she was hit.”  Mr Ghirga had every opportunity to lodge a complaint if he believed her story to be true. He never has.

The judges and jury had to decide whether to believe the corroborative testimony of numerous upstanding witnesses, or the word of a someone who had provably repeatedly lied. It would not have been a hard decision to make.


False Claim 7: They coerced from her an accusation from a person who was innocent (1.42 minute)

According to the corroborative testimony of multiple witnesses, including her interpreter, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.

Judge Massei noted the following about Amanda Knox’s false and malicious accusation against Patrick Lumumba:

It must also be pointed out that Patrick Lumumba was not known in any way, and no element, whether of habitually visiting the house on Via della Pergola, or of acquaintance with Meredith, could have drawn the attention of the investigators to this person in such a way as to lead themselves to ‘force”› Amanda’s declarations. (The Massei report, page 389)



False Claim 8:  Amanda immediately released a statement retracting the accusation (1.55 minute)

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 later 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 which, as specified in the entry of 6 November 2007, 200:00pm, 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 Patrick Lumumba during the whole of the time he was kept in prison.


False Claim 9: Rudy Guede’s DNA was inside Meredith’s handbag (3.05. minute)

According to the Micheli report, which was made available to the public in January 2008, Rudy Guede’s DNA was found on the zip of Meredith’s purse and not inside it.

Guede’s DNA was not in fact found all over Meredith’s room. Guede left no hairs, no saliva, no sweat, no blood, and no other bodily fluid at the scene of the crime, considered to be the entire house. Knox and Sollecito left substantial proof of their presence, including both their footprints, Knox’s blood, and Sollecito’s DNA.


False Claim 10: Rudy Guede pleaded guilty (3.39 minute )

Rudy Guede did not plead guilty at his fast-track trial in late October 2008 which Judge Micheli presided over. He claimed that he was on the toilet when Meredith was murdered. Anyone with even a superficial knowledge of the case is aware of this basic fact.


Extensive evidence Wiesner simply ignores

For example in the YouTube video above, Michael Wiesner does not provide a plausible innocent explanation for the numerous lies that Knox and Sollecito told before and after 5 November 2007.

  • He doesn’t explain why Raffaele Sollecito has refused for three-plus years and at trial to corroborate Amanda Knox’s alibi that she was at his apartment when Meredith died.
  • He doesn’t explain how Meredith’s DNA got lodged into a microscopic groove on the blade of the knife sequestered from Sollecito’s kitchen.
  • He doesn’t explain how an abundant amount of Raffaele Sollecito’s DNA ended up on Meredith’s bra clasp.
  • He doesn’t explain why Amanda Knox was bleeding on the night of the murder, or explain how her blood got mixed with Meredith’s blood in several spots in the cottage.

Michael Wiesner might not think the mixed blood evidence is important, but jurors at the first trial clearly thought it was. One sample was in Filomena’s bedroom, especially incriminating considering the simulated break-in there. 

“The defense’s other biggest mistake, according to interviews with jurors after the trial, was doing nothing to refute the mixed-blood evidence beyond noting that it is common to find mingled DNA when two people live in the same house.” (Barbie Nadeau, Angel Face, page 152).

He doesn’t account either for the visible bloody footprint on the blue bathmat which matched the precise characteristics of Sollecito’s foot,  or the bare bloody footprints of Knox and Sollecito in the corridor in the new wing of the cottage which were revealed by Luminol.

In short, he doesn’t address the vast bulk of the evidence which is detailed at great length in the Massei report, let alone in any way refute it. In fact, it’s quite clear that Michael Wiesner hasn’t even read the Massei report.

The only thing he has really proved is that he’s ignorant of the basic facts of the case.


Wiesner’s use of manipulative images

Michael Wiesner uses the manipulative tactic, which is an old favourite of CBS’s 48 Hours and now of CNN, of flashing images of Knox and Sollecito as children throughout the video as if that is some kind of proof of their innocence.

Childhood photographs of other notorious sex killers, such Myra Hindley and Ian Brady, and Fred and Rosemary West, are readily available on the web. The only thing these kind of photographs prove is that convicted sex killers were children once. Nothing more than that.


Summing up

The principal and parents and trustees of the Mid Pacific Institute High School should be very concerned that one of its teachers is championing the cause of two people unanimously convicted of sexual assault and a vicious murder by making demonstrably false claims.

It was not only the judges and jurors who thought the evidence against Knox and Sollecito was overwhelming. Legal expert Stefano Maffei made the following observation.

“There were 19 judges who looked at the facts and evidence over the course of two years, faced with decisions on pre-trial detention, review of such detention, committal to trial, judgment on criminal responsibility. They all agreed, at all times, that the evidence was overwhelming.”

The parents and the trustees of the Mid Pacific Institute High School should also be concerned at the fact that Michael Wiesner is shamelessly trying to manipulate the public by using photographs of Knox and Sollecito as children, and by sweeping under the rug any inconvenient facts about them, such as their extensive drug-taking and their previous brushes with the police.

Michael Wiesner needs to do now what the judges and jury did starting over two years ago. Namely, to look at all of the hard evidence against Sollecito and Knox, and stop regurgitating the many false claims which are a small industry on “Bruce Fisher’s” website.

[Below: Mid-Pacific Institute High School principal and supervisor of Michael Wiesner Grace Cruz]


Sunday, April 24, 2011

Why The FOA’s Increasingly Hapless Steve Moore Should Probably Stay Well Away From TV

Posted by SomeAlibi

 

Steve Moore’s presentation in the recent Case for Innocence forum in Seattle to a small bunch of undergrads and other parties left me nearly speechless. 

I consider that the number of errors in Moore’s presentation were so numerous that it was quite astonishing that this was the work of a man who claims he has been involved on this case for a year and who claims he has professional experience in law enforcement. 

A big statement but it’s not one that’s hard to justify.  Steve Moore will be our principal witness.  He will repeat for you, if you watch the above youtube video, at least six absolute howlers of misstatement, misunderstanding and exaggeration and many other medium sized ones.

Worst of all of these, he states a core aspect of the prosecution case (proof of the staged break-in at the cottage due to broken glass being on-top of clothes that had already been tossed on the floor) completely upside down. 180 degrees wrong and back to front… and he does it repeatedly in a way that makes it impossible to conclude anything else than he doesn’t actually understand central and important points of evidence against the person he would seek to help.  For a law enforcement or legal professional, that is a serious issue.

Let’s begin:

Steve opens by asserting he has been involved with sticking away nine people to a sentence of life without parole. Crassly, and I think he thinks it is humorous, he states that “two of them have completed that sentence” (think about it - he means they are dead and is seeking to have a laugh about it) “..and seven remain in prison.” He is met with not a single titter. Steve gets really crass by having another go at the same joke: “Actually the other two remain in prison too, they’re just not aware of it.” Deafening silence.

Remember Steve is the guy who positioned a bible, an ammo clip and a mortgage statement behind him in interview (seriously) and whose wife Michelle likes to remind people he’s a sniper? All part of the tough-god-fearing-guy image.  The dead-convicts thing is part of the same swagger. I’m really impressed myself. How about you?

In passing, shall we reflect that if you’ve been in the FBI for nearly 25 years and were a “supervisor”, nine sentences of life without parole is really rather surprisingly low?

At 41:20 of the YouTube clip, we start to see an old line used before: “Just prior to the conviction my wife said “˜I’ve seen some things that concern me’”. Steve goes on to say that he said to Michelle “I will prove within a day that she’s guilty” but that this turned into two months of investigation where he concluded “she” *(Amanda) was not. Three issues with this:

  • I don’t know a single law enforcement professional or lawyer who would ever say to you that they could prove someone was guilty or not guilty in a single day review of a capital crime case. It’s just not feasible and anyone who does this for a living knows this. The hyperbole is off the charts, as per usual.

  • Steve’s story about Michelle’s challenge and the “one day” proof doesn’t match anything he wrote on the Injustice in Perugia website where instead he said “But then I began to hear statements from the press that contradicted known facts” which led him to investigate.  Which one is it?  A one day challenge or a gradual accumulation of knowledge and investigation? 

  • In fact, as we know, Michelle herself let slip that the Moores were “approached” by Bruce Fisher, a pseudonym for the person who runs Injustice In Perugia, and when this was pointed out on PMF.org that it flatly contradicted the previously announced statement (a wifely challenge to a husband with no prior contact), that same day, she deleted her entire “Michellesings” blog from the web ““ all of it ““ to remove what she had said in what bore a remarkable resemblance to a panicked action.

It was further underlined when Michelle subsequently re-created her blog with just a single letter difference in the title.  That give away on the internet undermines the whole story of how Steve Moore, from LA, got involved in this case which he has told many times (in various versions admittedly) in public. 

At 43:22 Moore makes a baseless overstatement ““ “[Rudy Guede] was a known burglar who had 5 to 6 burglaries in the last month”. We have to stop the clock here and be very serious: this is an exaggeration which neither I nor anyone I know who has a good handling of the facts of this case has ever stated.  It was once stated by a Daily Mail journalist many moons ago, the same Daily Mail the Friends of Amanda revile for other articles but *it never made it into evidence* because of course it wasn’t true.  And by this time, in 2011, one needs to know the *evidence* not repeat baseless conjecture because it supports “your” case.  Please reflect for a second”¦

Guede is accused of being in a school without permission for which the police didn’t even bother to prosecute, so it wasn’t a burglary. Bzzt. We all know he handled a stolen laptop but there was no suggestion of a burglary related to it, as much as one can see the hypothesis.

We know that another witness said someone like Guede was in his house but he was discounted as unreliable.  I am a vociferous critic of Guede but one cannot take a law enforcement professional seriously who massively inflates evidence. “5 or 6 burglaries in a month”? NO-ONE in the case, in the official body of evidence, has ever suggested that.

Such a suggestion from a law enforcement professional is hugely undermining if it can’t be proven, and it can’t.  Nor has it been ever suggested by Amanda or Raffaele’s own legal counsel. If this was stated in court without proof (and, again, there is none), we would all rightly expect that to destroy the credibility of that law enforcement professional. Baseless assertion is a serious issue.

Moore then suggests that Meredith came home after Guede broke in. Sounds prima facie reasonable, but again, anyone who knows the evidence and is familiar with the scene knows that the green outer shutters were open and the gate and the walk up the drive faced that window. And Meredith didn’t see the broken-into window? Oh really? 

Rudy Guede, a burglar standing directly in front of an open window apparently half-pulled one shutter to, but left the other open three open and himself clearly visible from the drive when “tossing” Filomena’s bedroom - without taking anything? Then how about Amanda Knox, walking in day-light up to the house the next morning who claims she didn’t see the open shutters. 

It is over one hundred feet from the gate to that window, and on the 2nd of November, the shutters were open on the left as we look in and marginally more shut on the right.  This is consistent with the police statements at the time and it is trite to say, no, they haven’t been opened by the police. 

The left hand one (right as Massei relates from a direction of looking *out* from the house) is “half-closed in the sense that fully open is with it pushed against the outside wall.  The right hand one as you can see is marginally more shut. 

Can you really imagine a burglar who has climbed up to the shutters to open them, then climbed down and gone up to the drive to find a rock, then climbed down under the window and up again before miraculously getting in without a scratch, nick or spot of DNA would turn round inside and partially close the right hand shutter but not close the left hand one?  It makes literally no-sense.

Amanda Knox asks you believe that as she walked 100+ feet up the drive she didn’t notice it either.  That’s the first time.  The second time she returned to the cottage she was already “panicked” about the open door, the evidence of blood and unknown faeces and was returning to the cottage.  And she walked up the hundred feet again and didn’t notice… again.  Nor did Raffaele who was so concerned he suggested they return notice?

I suggest to you there’s more than enough reason Amanda has her hand to her face looking at the open shutters in this picture taken on 2nd November!  (Please note, this image has IBERPress logo on it.  I am linking it on another website, not created by us, which is publicly available and presumably asserts fair-use, but all rights are acknowledged by this site).

You’d leave that open as a burglar would you, facing the gate and the road?  Total nonsense.  And no, again, it hasn’t been moved.

Steve then suggests, in contravention of every banking security protocol I’ve ever heard of, that Guede, while having just murdered someone and held two towels to her neck in panic at that, then completely relaxed and phoned Meredith’s bank with her own mobile phone to try to get an ATM number *while still in the cottage* based on the mobile cell records.

Have you ever heard of a bank that will give you your pin number over the phone without substantial cross-checking of private passwords / other information that Guede couldn’t possibly know about Meredith?  Moore also neglects to mention that Rudy would also have to have phoned Meredith’s voicemail two minutes before, something the call records show.

The reason for this suggestion is that Steve is trying to support the defence case for a time of death for Meredith that is incompatible with Amanda Knox and Raffaele Sollecito’s involvement. Steve neglects to mention that Amanda and Raffaele tried to establish an alibi for a time of *11pm* for their dinner at Raffaele’s flat which was destroyed by Raffaele’s own father who stated that Raffaele mentioned matters relating to having completed dinner at around 8.30pm.  No-one at this panel talk ever heard of *that*...

Steve and others suggest Amanda and Raffaele dated for 2 weeks. The only people who disagree with this are Amanda and Raffaele’s team, who state one week. Ho hum.  Not really important.  Just sloppy.

Steve suggests that what the prosecution alleged in the trial was that Amanda and Raffaele “Decided for the first time that they are going to do a threesome” with Rudy Guede. Again, anyone with the slightest knowledge of this case knows the prosecution never alleged this “threesome”.  They alleged a sexually aggravated murder of Meredith Kercher.  A threesome? Where does Moore get this stuff from?

Again, totally undermining of his credibility. How many black marks are we up to? I’ve lost count. To be fair, Paul Ciolino the P.I. who has worked on the case and belongs to the FOA started covering his mouth during Steve’s presentation.  In body language terms, that’s not terribly supportive… 

On this topic of the threesome he’s invented in his head that no-one else mentioned, Steve states: “They decide to choose a burglar whom they don’t know real well ““ they’ve only met once. Raffaele had only met him that day. Raffaele said ‘that’s a great idea, lets bring this guy who is a burglar whom I don’t know and he can have sex with my girlfriend’”.

Rather inauspicious logic, Steve. If they didn’t know him, they would not have known he was a burglar? Yet you transplant those words into the mouth of a fictional Raffaele Sollecito to make a cheap, but ultimately beautifully self-defeating, point. Amanda, of course, says she met Rudy many times in passing, as did Rudy about Amanda. I’m very interested that Steve also stated “Raffaele had only met him that day” because of course Raffaele and Amanda never admitted that. Where does that come from? Please tell”¦. Bzzt, bzzt, bzzt.

Moore then states that the prosecution case is that “Rudy goes in first and then Meredith screams. Then Amanda comes in and sides with the rapist.” Again, anyone with a perfunctory knowledge of this case knows that is not the prosecution case. This is hugely undermining because once again he is misinforming a public gathering on the case presented against Knox.

You can disagree with the case against Knox, but actually fundamentally misstating it?  At this point, with so many marks on the board, I started asking myself… how is it possible that he doesn’t know all this? 

And that question I still don’t have an answer to. 

But it gets worse…

Now we get to one of the most egregious sections of the whole presentation and misleading of the audience: concerning the blood spattered apartment, Moore makes a major case that Perugian police released the picture of the vividly pink Phenolphthalein stained bathroom as being the *blood* stained bathroom where Amanda Knox showered.

Please watch the video and see how nakedly this is suggested. He juxtaposes the picture of the sink as it was on November the 2nd with the post-phenolphthalein shot and says that the prosecution alleged “that’s what Amanda saw, that’s it.. that’s what was really there. That’s when you start saying ‘oh my god’. Knowing that the jurors are not sequestered”¦ they released this and said ‘that’s blood’”.

Here’s how Moore presented it:


The fact that the ACTUAL pictures of the scene *he himself uses on the left* were in the core evidence bundle in front of the jury as prime exhibits as any lawyer or serious law professional should immediately appreciate is ignored. It must be ignored because of course otherwise no-one could come up with such a patently incoherent line of logic. I’m losing count of the pieces of lack of knowledge and logic by now. How about you? 

Re the staged break in ““ “one of the most incredible lies I have ever seen in a court-room outside of Iran.” Have you been involved in an Iranian court proceedings Steve? No. Mo(o)re hyperbole.

Next, a baffling and possibly funny line of reasoning if the matter wasn’t so serious. Moore proceeds to state that it was “very obvious the stone was thrown from outside and busted the shutter open.” So far so normal as an FOA meme ““ no issue. Except he then goes on to state more than once “The Perugian police said that a rock was thrown inside the house [to] outside the house.”

Huh? To “outside the house”? Are you perchance suggesting that the prosecution were saying the rock was thrown from “inside to outside” the house, then they went down and recovered it and replaced it in the bedroom where it was found and photographed which you would have seen if you had a sound knowledge of the case? Because no-one else has ever said that ever Steve! Not once! Huh? Outside the house? My head hurts. Does anyone have any pills?

Then Steve makes a point of highlighting some embedded glass in the wooden frame of the interior shutter as evidence of a rock thrown from the outside-in, when, again, it is blindingly obvious to anyone that the broken window could have been actioned from inside with exactly the same result. He’s so carried away with himself that he doesn’t even notice. It’s not that unsurprising I guess because he hasn’t noticed the legion other mistakes he’s made so far.

Next statement “Anyone who thinks the rock was thrown from inside out is either an idiot or lying”. It’s simply not logical Steve; as anyone can see it would have been possible to smash the window from inside, whether you actually agree that happened or not. Again, baseless exaggeration. You don’t have to agree but stop with the hyperbole!

56 minutes in we get to a huge howler where Moore completely misstates the prosecution case on the staged break-in and doesn’t appear to have even thought about it enough to see the obvious logical hole in what he is about to say.  In my original notes to this talk I jotted down “Amazing and astounding ““ doesn’t understand the clothes / glass point:”.

Moore says:

They [the prosecution] say that the reason they know that this was staged is because when they got there, there was clothes on top of the glass, the broken glass in the room. Well you’d think that the glass would be on top of everything wouldn’t you? Unless a burglar came in and started throwing things on the floor after the glass was broken. If you look on the bed you’ll see a purse. You’ll see the contents of the purse all over the floor, all over the bed. You will see that he went through her clothes hamper there, her clothes cabinet there, threw everything on the floor. That is why there are clothes on top of the glass. Why is that so hard?

Steve, you’ve stated this 180 degrees completely wrong.  The prosecution case is that both the police and Filomena, Amanda’s flatmate, stated there was glass on top of clothes which had been apparently tossed by a burglar (not vice versa) and on top of a laptop that was closed but which had previously been open.  The point is that it shows that the room was ransacked and *then* the glass was broken, proving the staging of the burglary. 

In any court of law I have seen, if you can show a supposedly authoritative witness, who shall we not forget has been on this case for a *year*, has such a bad handle on the evidence, you can get a jury laughing and that witness completely discounted.  This is, in my opinion, what Moore did to himself somewhat prior to this point, but by the end of this point, absolutely comprehensively.  How is it possible to misunderstand the case so clearly?  Ciolino and Waterbury both look very uncomfortable at this point.

Next point: a pearly Steve quote: “When is a murder weapon not a murder weapon? When the Perugian police say it is.”

Uhhh”¦ think about it”¦. That’s not actually what you meant to say, is it? What you meant is “When is a non-murder weapon, a murder weapon? When the Perugian police say it is”. Given Steve’s penchant for getting things upside down and arse-backwards, perhaps we should not be surprised, but call me a stickler for suggesting people get their arguments right.  Steve compounds this 180-degree misstatement in the Q&A session by stating that the defence will try and throw a million things against the wall in the appeal and see if something will stick.  The defence?  Like those representing Amanda Knox, Steve?  Huh?  With the glass, the “murder weapon” and “defence” points, Moore appears to not be able to listen to what he himself is saying.  It’s just… bizarre…

Steve then makes a big point about the Raffaele cooking knife being the wrong shape for the mark on the bedsheet without mentioning the fact that two knives were posited in the case. Nice and misleading. Still not representing the basics of the case to those assembled.

As we approach the end of this car-crash, Moore makes a big point that “they say Amanda was in front of her and stabbed her like this”. He then mimics a vertical stabbing motion and makes a distinction of the lateral cut compared to vertical method of attack. But no-one ever said this definitively in court and Massei clearly states the blood spurts on the wardrobe (i.e. facing away from the attackers) are from the neck injury. Mo(o)re fabrication. How many is it now?

There is a chuckle-worthy moment where Moore uses the different exposures of pictures of the bra-clasp on the original investigation versus that taken on December 16th as clear evidence of “contamination”. A 2 second glance shows this is an exposure issue unsubstantiated by other pictures which again are in front of the jury.

Unsurprisingly, he then goes on to make the standard declaration that the gathering of the bra-clasp with Raffaele Sollecito’s DNA on it on December 16th “delay” as “apparently not important” to the prosecution.  He neglects to mention that it was a sealed crime scene where the passage of time can have no effect on the forensic value of evidence *if no-one is within the sealed crime-scene*.  He also neglects to mention the delay was due in substantial part to the requirement to invite the defence to attend…

To finish, a damp whimper after these major trumpetings of lack of knowledge and/or understanding: a statement about a pillow under Meredith’s body: “Guess what they found on there ““ semen and the police refused to test it”. It has been suggested but without testing, we obviously can’t know it’s semen. Again, serious legal professionals don’t make absolute statements like this about unproven evidence.

Amanda Knox is incarcerated for 26 years.  As someone who has been involved in many defences of individuals charged with serious criminal matters, it is unacceptable to me that people willing to hold themselves out as prominent supporters of an imprisoned person who have experience in the law or law enforcement show that they don’t know, appreciate, or are able to process core aspects of the case against that person.

In my opinion, this performance was inexcusably weak and must raise serious questions about the judgement of those seeking to help Amanda.  Would you want this sort of standard of knowledge held out as adequate, as representing a member of your core Home team?  I sincerely hope not.  Only the lack of knowledge of the case and the partisan support in the room stopped Moore from being extremely badly shown up in the Q&A session. 

There’s a meme in the supporters of Amanda camp that says that pro-prosecution commentators cost Moore his job at Pepperdine.  It’s nonsense. Moore got himself removed before most of us had ever heard of him.

Neither I nor anyone else I am aware of ever wrote to his *former* employer before he was fired.  Nor did I write to them afterwards either because I considered they had a simple case against him and he’d like it if we were involved. Once I did write that I wanted to take down Steve Moore, by which I meant stop him posting misleading statements about the Meredith Kercher case using his career as credentials. 

But following this performance at the Case for Innocence forum, in my opinion, it is quite evident that Steve Moore has done it comprehensively and totally to himself.


Tuesday, April 12, 2011

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

Posted by James Raper





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

However, I thought that he was rather feeble in his coverage of the defendants’ motives as to the attack which led to this brutal murder. Perhaps he thought it better to stick with the indisputable evidence. Since this pointed to a sex attack he surmised that Guede had a go at Meredith first, and then - because the stimulation was too much for them - he was joined by Amanda and Raffaele. This works but does seem a bit weak.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When were the money and credit cards stolen?

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

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

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

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

There are numerous plausible motives.

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

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

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

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

Here are some quotes from Darkness Descending.

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

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

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

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

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


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

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

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

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

What else did Amanda and Raffaele have in mind when arranging the meeting or when thinking about it afterwards? Guede was of course thinking about sex and that Amanda and Raffaele were going to facilitate an encounter with Meredith later that evening. However Amanda and Raffaele had something else on their minds. The logic of their position vis a vis Meredith cannot have escaped them. They had taken her money whilst she was out. Had she not already discovered this fact then she would in any event be back, notice the money was missing and would put 2 and 2 together.  What would happen? Who would she tell? Would she call the police? How are they going to deal with this? Obviously deny it but logic has it’s way and the situation with or without the police being called in would be uncomfortable.

They decided to turn the tables and make staying in Perugia uncomfortable for Meredith. Now the embarrassing, for Meredith, sexual advances from Guede were going to be manipulated by them in to a sexual humiliation for Meredith. Meredith was not going to be seriously harmed but as and when they were challenged by Meredith over the missing money, as inevitably they would be, she was to be threatened with injury or worse. Knives come in useful here. Amanda may have fantasized that Meredith would likely then give up her tenancy at the cottage, perhaps leave Italy. Whether that looks like the probable and likely outcome I leave you to judge, but the hypothesis is that they were starting to think and behave irrationally and that this was exacerbated by the use of drugs.

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

We know Amanda and Raffaele were on the basketball court the evening of the 1st November. This is because of the evidence of a Mr Curatolo, the second lay witness. He was not precise about times but thought that they were on the basketball court between 9.30pm and 10pm and may have left around 11.00 ““ 11.30pm and then returned just before midnight. In any event he testified to seeing Amanda and Raffaele having heated arguments, and occasionally going to the parapet at the edge of the court to peer over. What were they looking at? Go to the photographs of Perugia on the True Justice for Meredith website and you will see. From the parapet you get a good view of the gates that are the entrance, and the only entrance as I understand it, to the cottage.

So why the behaviour observed by Mr Curatolo? They may have been impatient waiting for Guede to arrive. Were they actually to go through with this?  Was Meredith at home, alone, and had she found the money was missing and had she called the police or tipped off someone already? Who was hanging around outside the entrance to the cottage and why? There was, apparently, a car parked at the entrance, a broken down car nearby with the occupants inside awaiting a rescue truck, and the rescue truck itself, all present around 11.00pm. Amanda and Raffaele did not wish to be observed going through the gates with these potential witnesses around.

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

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

It is my opinion that at the cottage Amanda came off worse initially: that she got caught in the face by a blow and suffered a nose bleed.
Stefanoni and Garofano both say that there was an abundant amount (relatively speaking) of Amanda’s blood in the bathroom washbasin, and to a lesser extent the bidet.  Whereas most of Amanda’s blood in the bathroom was mixed with Meredith’s, the blood on the washbasin tap was Amanda’s alone. Both of a quality and quantity to discount menstrual (from washed knickers) or bleeding from ear piercing. Their conclusion was that Amanda bled fairly profusely though perhaps briefly at some stage.

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

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

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

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

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

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

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

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

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

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

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

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


Sunday, April 10, 2011

Will Savive On Amanda Knox On The Witness Stand On The Morning of June 12 2009

Posted by Peter Quennell

Unlike Sollecito, who has exercised his right to silence, Amanda Knox had volunteered to take the stand. As we have seen, the Italian justice system has several differences from that of the United States Justice system. One of those differences is that in an Italian trial witnesses must swear to tell the truth. However, defendants do not.

Defendants can also interrupt the questioning at anytime or even choose not to answer certain questions, in theory of course, though in practice it would be a bad move (incriminating) if a defendant chose not to answer. One of Knox’s lawyers, Luciano Ghirga, told reporters a week earlier that Knox would be answering all of the prosecution’s questions.

Knox’s defense team, however, would offer-up objection after objection on even the simplest questions, and this came on the day that was scheduled just for defense questioning (aside from Patrick Lumumba’s lawyer). Every time Knox was caught in a contradiction, a fight would break-out between defense and prosecution. Knox’s vague answers along with her lawyer’s objections distracted lawyers and made it very hard for them to extract anything substantial out of her.

It was apparent early on that this was going to be a long drawn-out examination with nothing substantial provided toward her defense. Not only was Knox vague, but she seemed annoyed and not necessarily eager to tell her story; even using sarcasm on a few occasions and snapping at prosecutors. In the end, her testimony hurt her more than it helped her, because it did not help clear up her whereabouts at the time of the murder, and it lent to the notion that she was lying….

The schedule for the day was going to be questioning from her own defense team, along with questioning from Patrick Lumumba’s lawyer, Carlo Pacelli. Knox entered the courtroom with her hair tied back with a light-blue scrunchy, a white short sleeve collared top, pale trousers, and what appeared to be a large cold sore on her upper lip. She looked tired and pale as she took her seat, and looked around nervously as reporters jockeyed for position at the back of the courtroom.

The beginning of the session was held up a bit as Judge Massei discussed with lawyers whether to allow cameras in the courtroom. The final decision was to exclude cameras, allowing cameras to roll during only the first 20 minutes of Knox’s testimony. Questioning began with Carlo Pacelli, who would get the first crack at Knox as part of Lumumba’s civil lawsuit. Seated immediately to Knox’s left was a heavy-set, brunette interpreter. Knox understood most questions that were thrown at her and the interpreter mostly translated to the court what Knox was saying as opposed to what Knox was being asked by Italian litigators.

Mr. Pacelli started by asking Knox if she knew Rudy Guede. Knox admitted meeting Guede before the murder, claiming that she met him while she was mingling with the boys that lived in the apartment underneath her. Knox said that they were in the center, near the church, when the boys introduced her to Guede. On that occasion, Knox says that she spent most of her time with Meredith, as they all (including Guede) went back to the cottage and had a party on the first floor. This party apparently took place in mid-October of 2007, a little more than a month before the murder. Knox also admitted seeing Guede at Le Chic (Lumumba’s restaurant) at least once.

Knox said that at the party she and others smoked a “spinello” (“marijuana joint”). Pacelli then focused on Knox’s relationship with Lumumba. Knox testified that Lumumba never mistreated her, always treated her with respect, their relationship was good, and she was not scared of him. Mr. Pacelli then brought Knox back to the night of the murder, asking her if she knew what time it was when Lumumba sent her the first text message on 1 November 2007. Knox said “around 8:15-8:30p.m.”

When asked, “When you answered Patrick’s message, where were you?”

Knox replied, “In the apartment of Raffaele, I think, yes.” Pacelli indicated that Knox answered the message 25 minutes later from another location. “It seems from cell pings that you were out of the house when you answered, in the center. Where were you?” asked Pacelli. This question was met by a stream of objections and a heated discussion between defense and prosecution. When the dust cleared Knox stated that she was at Sollecito’s apartment when she responded to the message.

Knox had deleted all received text messages on her cell phone at some point after receiving the last message from Lumumba. Knox claimed that this was because she had limited space on her cell. When asked why she did not delete the text messages that she sent, she answered very sarcastically, “I’m not a technical genius, so I only know how to delete the ones that I receive when I get them.” Knox told the court that she didn’t have an appointment to meet Lumumba at the basketball court on the night of the murder.

When asked why she wrote in her statement to police that she met him at the court that night, Knox responded, “It was a complicated situation. I can explain it if you want me to go into it.” Knox then proceeded to explain her version of what occurred and why she wrote what she did in the spontaneous letter to police after her arrest. She proceeded to explain what she claimed was a long grueling interrogation where police began asking the same questions over and over.

Then, in a long, drawn-out, drab tone that only an American could understand (due to the prosodic “” rhythmic, intonational aspect of human speech “” nature of the tone), Knox said that they kept asking her questions such as “w-h-o k-i-l-l-e-d M-e-r-e-d-i-t-h,” that sounded as if she was down-playing the question, because she had heard it so many times. Knox began to show several glimpses into the bizarre behavior that was previously testified to by others.

Although it may sound trivial, the response was strange; and coupled with the multiple accounts her of odd behavior, it only added to the quandary. During this monologue, Knox stated that police called her a “stupid liar,” several times when she asserted that she had been at Sollecito’s flat all night. Knox then quoted her interpreter during the interrogation, claiming that she had said that Knox was “traumatized and couldn’t remember the truth.”

Knox then continued with her confusing explanation of what happened during her interrogation/arrest:

So what ended up happening was that they told me to try to remember what I apparently, according to them, had forgotten. Under the amount of pressure of everyone yelling at me, and having them tell me that they were going to put me in prison for protecting somebody, that I wasn’t protecting, that I couldn’t remember, I tried to imagine that in some way they must have had, it was very difficult, because when I was there, at a certain point, I just, I couldn’t understand why they were so sure that I was the one who knew everything.

And so, in my confusion, I started to imagine that maybe I was traumatized, like what they said. They continued to say that I had met somebody, and they continued to put so much emphasis on this message that I had received from Patrick, and so I almost was convinced that I had met him. But I was confused.

The next few questions were met with objections by Knox’s lawyer, Carlo Dalla Vedova, and banter between he, the judge, and Pacelli. More objections came when Pacelli asked Knox why she claimed to hear Meredith scream, with now several different lawyers arguing and trying to plead to the judge their reasons why the question should or should not be answered. The argument centered on what was and was not admissible according to the Supreme Court decision at the beginning of trial. Judge Massei then declared that they would take a short recess and he would consult with the lawyers in private on the matter.

When they returned, Judge Massei overruled the objections and stated that the question is permitted because it comes from Knox’s spontaneous statement, which was ruled as admissible during the first week of trial. Knox then switched to speaking Italian upon Judge Massei’s approval. Finally, Knox was able to answer the question, which she replied, “No,” I did not hear Meredith scream.

The following sequence occurred next:

Carlo Pacelli: In the interrogation of November 6, 2007, at 5:45, you declared that before she died, you heard Meredith scream. How could you know that Meredith screamed before she was killed? Who told you?

Knox: So when I was with the police, they asked if I heard Meredith’s scream. I said no. They said “But if you were there, how could you not hear her scream? If you were there?” I said “Look, I don’t know, maybe I had my ears covered.” So they said “Fine, we’ll write that down. Fine.”

Carlo Pacelli: [louder] But I can tell you that on November 6, the police did not know that Meredith screamed before she died, so why would they suggest it to you?

Knox: I imagine that maybe they were imagining how it might have been.

Knox asserted that police were not telling her what to say but suggesting paths of thought. “I kept following their suggestions,” Knox stated. “They asked me if I was in her room when she was killed. I said no. They said but where were you? I said I don’t know. They said, maybe you were in the kitchen. I said, fine.”

Knox testified that she went to the police station with Sollecito the night that they were arrested because she was scared and didn’t want to be alone. She verified that she was not called-into the station that night. Knox also confirmed that the spontaneous statement that she made was her idea, and not the result of pressure from police. Knox said that she asked for a piece of paper and a pen, and that she wrote it to explain her confusion to the police.

Knox then said several times that while at the police station after her arrest she “really wasn’t sure” what had happened on the night of Kercher’s murder. Knox told the court that she gave the written statement to the police freely, voluntarily, and that police did not suggest the content nor pressure her into writing the statement.

The following sequence occurred next:

Carlo Pacelli: Listen, in this memorandum, you say that you confirm the declarations you made the night before about what might have happened at your house with Patrick. Why did you freely and spontaneously confirm these declarations?

Knox: Because I was no longer sure what was my imagination and what was real. So I wanted to say that I was confused, and that I couldn’t know. But at the same time, I knew I had signed those declarations. So I wanted to say that I knew I had made those declarations, but I was confused and not sure.

Carlo Pacelli: But in fact, you were sure that Patrick was innocent?

Knox: No, I wasn’t sure.

Carlo Pacelli: Why?

Knox: Because I was confused! I imagined that it might have happened. I was confused.

Then the questioning turned to when Knox realized that Patrick Lumumba was innocent. Several fights and objections broke out over this line of questioning. The defense seemed to know that Pacelli was onto something and they were trying at all ends to block him or throw him off. Pacelli explained that in Knox’s 7 November 2007, memorandum, Knox wrote, “I didn’t lie when I said the murderer might be Patrick.”

However, Pacelli said that during a phone call with her mother on November 10th (three days later) Knox stated that she felt horrible because she (Knox) got him [Lumumba] put in prison and she knew he was innocent. Knox, then speaking like a politician, led Pacelli -and even the judge - around in circles; not giving a straight answer to the question: when did you inform police that Patrick Lumumba was not the killer?

Pacelli was trying to show that Knox had written that Lumumba was the killer on the 7th, told her mother that Lumumba was innocent on the 10th, but never informed the police at anytime after the 10th that Lumumba was innocent. He was subsequently released three weeks after his arrest, and at no time during the three weeks did Knox inform police that she falsely accused Lumumba. Knox’s final reply on the matter was, “I had explained the situation to my lawyers, and I had told them what I knew, which was that I didn’t know who the murderer was.”

So, Knox never really did answer the question why she never informed anyone - besides her mother on November 10th - that Patrick Lumumba was not the murderer. This was important because Pacelli already knew what Knox’s mother had told investigators about the call and what the basis of her testimony would be. Pacelli knew that her mother’s testimony was coming up the following week, and he wanted to get Amanda’s version on the record knowing that her mother would clarify and contradict - or at least not help - her (Amanda’s) story. Knox also revealed that she never actually said she was sorry to Patrick for her false accusations that put him behind bars for three weeks.

With that, Carlo Pacelli ended his questioning. Judge Massei then announced a break in the action and that the court would reconvene at 1:30p.m.

_______________

From The Study Abroad Murder by Will Savive


[Below: Falsely accused Patrick Lumumba and his lawyer Carlo Pacelli]

 


Tuesday, February 22, 2011

Open Questions: An Experienced Trial Lawyer Recommends How To Zero In On the Truth

Posted by SomeAlibi


Welcome

If you’ve come to this website because of the Lifetime movie of Meredith Kercher and Amanda Knox, then welcome. 

Like all of us who come to this case, you have one key question: did they do it?  The movie you’ve just watched is equivocal on that matter and perhaps didn’t help you at all.

On the internet, you will find people who are passionate in their defence of Amanda Knox and Raffaele Sollecito and you will find people who are passionate in their support of the prosecution. 

My own arrival

Placing my own cards on the table here: as a twenty-plus year practising trial lawyer, I am firmly a part of that latter camp.  But it wasn’t always that way.

It was information ““ evidence ““ that changed my views. What became very clear to me, early on, was that very few people in the English-speaking world are aware of anywhere near all of the evidence in this case.

I had thought I had grasped the core of the case, but I did not.  The case is deep and complex and like many criminal cases, the complete facts behind it have been only sketchily reported in the media.  The movie you may have just watched only skirts the real reasons the jury convicted.

The unanimous jury

I am sure that we all agree that no jury, in any murder case, given the awesome responsibility of adjudicating on (young) people’s lives for a multi-decade period of imprisonment, condemns people lightly.

It should be a matter of logic that the evidence presented against the accused must have been deep and satisfied the 6 lay jurors and 2 judges on the case for them to pronounce that huge judgement. That doesn’t mean that there couldn’t be the possibility of a mistrial, but clearly the evidence presented must have been substantial.

In this, we’ve already hit the first problem.  Some supporters of Amanda Knox and Raffaele Sollecito will tell you there’s no evidence against them. 

This is patently silly.  No jury ever convicts people and sends them to prison for 24 plus years without being quite convinced of the case against them.  Miscarriages of justice do happen, but the idea that there is “no evidence” can be summarily dismissed. 

The only question is whether the evidence is sufficient, true and accurate.

The voluminous evidence

So is the evidence enough to convict beyond a reasonable doubt?  The six lay jurors and two professional judges thought so, clearly.  What you realise, when you come to the facts of the case, is that the evidence is based not around a single key event but on multiple points. 

It can be astonishing to realise that the case is based not only on DNA evidence but also on cellphone evidence and computer records and further yet on multiple conflicting and contradicting versions of what happened that night from the mouths of the accused, not to mention falsely accusing an innocent man of responsibility for murder causing his incarceration. 

The wealth of evidence is actually extremely unusual. It goes way beyond the quite similar Scott Peterson case.

The Massei Sentencing Report

What is absolutely new to the English speaking legal world is that the reasoning for the conviction can be read in an extremely detailed 440+ page report online.  Bilingual posters at the Perugia Murder File Forum many of whom who are also key posters at TJMK translated the entire document into English over several months last year. 

It was my privilege to play an extremely small part in that work.  People from four different continents with backgrounds in forensic science, law, academia and a host of other disciplines participated. 

You can read an effective executive summary by clicking on the Massei Report link at top here and reading the conclusions from page 388 onwards:

The Knox PR campaign

If you are new to this case, you will likely be shocked how much evidence there is against the convicted parties.  Amanda Knox’s family have spent over $1m and involved a professional PR agency called Gogerty Marriot to suggest otherwise in the English-speaking media. 

You might wonder why an innocent person needs a million dollar PR campaign on their part.  Make yourself a coffee and read the conclusions of the judge’s report. It will take you about 15 minutes.  Up until you read this report, almost everything you watch, hear and read is PR spin and is quite deliberately positioned to make you believe there is no case.

When you complete it,  I believe you will have a very different take. That 15 minutes could change your ideas about everything you thought you knew about the murder of Meredith Kercher.

Now for a quick tour of the evidence.


Some of the points of evidence

Consider as you read it what is your own possible explanation for each of the following:

  • the DNA of Raffaele Sollecito on Meredith’s bra-clasp in her locked bedroom;

  • the almost-entire naked footprint of Raffaele on a bathmat that in *no way* fits that of the other male in this case ““ Rudy Guede;

  • the fact that Raffaele’s own father blew their alibi that they were together in Raffaele’s flat at the time of the killing with indisputable telephone records;

  • the DNA of Meredith Kercher on the knife in Raffaele’s flat which Raffaele himself sought to explain as having been from accidentally “pricking” Meredith’s hand in his written diary despite the fact Meredith had never been to his flat (confirmed by Amanda Knox);

  • the correlation of where Meredith’s phones were found to the location of Raffaele Sollecito and Rudy Guedes’s flats;

  • the computer records which show that no-one was at Raffaele’s computer during the time of the murder despite him claiming he was using that computer;

  • Amanda’s DNA mixed with Meredith Kercher’s in five different places just feet from Meredith’s body;

  • the utterly inexplicable computer records the morning after the murder starting at 5.32 am and including multiple file creations and interactions thereafter all during a time that Raffaele and Amanda insist they were asleep until 10.30am;

  • the separate witnesses who testified on oath that Amanda and Raffaele were at the square 40 metres from the girls’ cottage on the evening of the murder and the fact that Amanda was seen at a convenience store at 7.45am the next morning, again while she said she was in bed;

  • the accusation of a completely innocent man by Amanda Knox;

  • the fact that when Amanda Knox rang Meredith’s mobile telephones, ostensibly to check on the “missing” Meredith, she did so for just three seconds - registering the call but making no effort to allow the phone to be answered in the real world

  • the knife-fetish of Raffaele Sollecito and his formal disciplinary punishment for watching animal porn at his university ““ so far from the wholesome image portrayed;

  • the fact that claimed multi-year kick-boxer Raffaele apparently couldn’t break down a flimsy door to Meredith’s room when he and Amanda were at the flat the morning after the murder but the first people in the flat with the police who weren’t martial artists could;

  • the extensive hard drug use of Sollecito as told on by Amanda Knox;

  • the fact that Amanda knew details of the body and the wounds despite not being in line of sight of the body when it was discovered;

  • the lies of Knox on the witness stand in July 2009 about how their drug intake that night (“one joint”) is totally contradicted by Sollecito’s own contemporaneous diary;

  • the fact that after a late evening’s questioning, Knox wrote a 2,900 word email home which painstakingly details what she said happened that evening and the morning after that looks *highly* like someone committing to memory, at 3.30 in the morning, an extensive alibi;

  • the fact that both Amanda and Raffaele both said they would give up smoking dope for life in their prison diaries despite having apparently nothing to regret;

  • the fact that when Rudy Guede was arrested, Raffaele Sollecito didn’t celebrate the “true” perpetrator being arrested (which surely would have seen him released) but worried in his diary that a man whom he said he didn’t know would “make up strange things” about him despite him just being one person in a city of over 160,000 people;

  • the fact that both an occupant of the cottage and the police instantly recognised the cottage had not been burgled but had been the subject of a staged break-in where glass was *on top* of apparently disturbed clothes;

  • that Knox and Sollecito both suggested each other might have committed the crime and Sollecito TO THIS DATE does not agree Knox stayed in his flat all the night in question;

  • the bizarre behaviour of both of them for days after the crime;

  • the fact that cellphone records show Knox did not stay in Sollecito’s flat but had left the flat at a time which is completely coincidental with Guede’s corroborated presence near the girl’s flat earlier in the evening;

  • the fact that Amanda Knox’s table lamp was found in the locked room of Meredith Kercher in a position that suggested it had been used to examine for fine details of the murder scene in a clean up;

  • the unbelievable series of changing stories made up by the defendants after their versions became challenged; Knox’s inexplicable reaction to being shown the knife drawer at the girl’s cottage where she ended up physically shaking and hitting her head.


In conclusion

This list is not exhaustive. It goes”¦ on”¦ and on”¦ and on”¦ And yet, those supporting Knox will tell you that’s all made up, all coincidental. 

Really?  Does the weight of all that evidence sound made up to you?

If so, it must be the most over-rigged criminal case in the history of crime.  Unlikely beyond all and any reasonable doubt.

The judge’s report explains why the jury found the defendants guilty. I truly expect you will be astonished at the amount of evidence if all you’ve done is watched a film or read a few press reports. 

For any questions thereafter, please join us and post them on truejustice.org or perugiamuderfile.org .  You’ll find here a host of good people who are all working on a totally volunteer basis in memory of the only victim of this crime.

Meredith Susanna Cara Kercher. RIP.


Thursday, January 20, 2011

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

Posted by The TJMK Main Posters



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

What is the biggest headache for the defenses?

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

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

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

And that all three of them attacked Meredith.

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

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

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

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

So here is how it is stacking up:.

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

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

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

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

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



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

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

By Brian S

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

By Brian S

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

By Nicki

Probable answer? Pretty damning.

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


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

By Brian S

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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


Thursday, January 13, 2011

Claims Amanda Knox’s Confessions Resemble “False Confessions” Not Backed Up By Any Criminal Research

Posted by Fuji



[Above: Perugia’s central police station where Knox, Sollecito and Guede were all interviewed]

Meredith’s case is absolutely riddled with fabricated false myths. 

They are now found by the hundreds on some misleading websites, and they simply make experienced law enforcement and criminal lawyers laugh. 

For example “Police had no good reason to be immediately suspicious of Knox simply because the murder occurred at her residence”.  And “The double-DNA knife is a priori to be disregarded as evidence, because no murderer would retain possession of such a murder weapon.”

One of the most strident and widespread myths is that Amanda Knox’s statements to the Perugian investigators on 5 and 6 November 2007, placing her at the scene of Meredith’s murder, are to be viewed as the products of a genuinely confused mind imbued with a naïve trust of authority figures.

The apparent certainty with which many of Amanda Knox’s most vocal supporters proclaim that Knox’s statements are actual “false confessions” as opposed to deliberate lies is not supported by even a cursory reading of the pertinent academic literature regarding false confessions.

What actually are “false confessions”?

Richard N. Kocsis in his book “Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences” (2009), on pages 193-4 delineates three different kinds of false confessions:

First, a voluntary false confession is one in which a person falsely confesses to a crime absent any pressure or coercion from police investigators….

Coerced-compliant false confessions occur when a person falsely confesses to a crime for some immediate gain and in spite of the conscious knowledge that he or she is actually innocent of the crime….

The final type, identified by Kassin and Wrightsman (1985), is referred to as a coerced-internalized false confession. This occurs when a person falsely confesses to a crime and truly begins to believe that he or she is responsible for the criminal act.

The first problem facing Knox supporters wishing to pursue the false confession angle as a point speaking to her purported innocence is epistemological.

Although much research has been done on this phenomenon in recent years, academics are still struggling to come to terms with a methodology to determine their incidence rate.

The current state of knowledge does not support those making sweeping claims about the likelihood of Knox’s statements being representative of a genuine internalized false confession.

As noted by Richard A. Leo in “False Confessions: Causes, Consequences, and Implications” (Journal of the American Academy of Psychiatry and the Law, 2009):

Although other researchers have also documented and analyzed numerous false confessions in recent years, we do not know how frequently they occur. A scientifically meaningful incidence rate cannot be determined for several reasons.

First, researchers cannot identify (and thus cannot randomly sample) the universe of false confessions, because no governmental or private organization keeps track of this information.

Second, even if one could identify a set of possibly false confessions, it is not usually possible as a practical matter to obtain the primary case materials (e.g., police reports, pretrial and trial transcripts, and electronic recordings of the interrogations) necessary to evaluate the unreliability of these confessions.

Finally, even in disputed confession cases in which researchers are able to obtain primary case materials, it may still be difficult to determine unequivocally the ground truth (i.e., what really happened) with sufficient certainty to prove the confession false.

In most alleged false-confession cases, it is therefore impossible to remove completely any possible doubts about the confessor’s innocence.

The next problem Knox supporters face is that, even allowing for an inability to establish a priori any likelihood of a given statement being a false confession, the kind of false confession which is usually attributed to Knox is in fact one of the LEAST likely of the three types (Voluntary, Compliant, and Persuaded, as Leo terms the three different categories) to be observed:

Persuaded false confessions appear to occur far less often than compliant false confessions.

Moreover, despite assertions to the contrary, Knox and her statements do not in fact satisfy many of the criteria researchers tend to observe in false confessions, particularly of the Persuaded variety:

“All other things being equal, those who are highly suggestible or compliant are more likely to confess falsely. Individuals who are highly suggestible tend to have poor memories, high levels of anxiety, low self-esteem, and low assertiveness, personality factors that also make them more vulnerable to the pressures of interrogation and thus more likely to confess falsely…

Highly suggestible or compliant individuals are not the only ones who are unusually vulnerable to the pressures of police interrogation. So are the developmentally disabled or cognitively impaired, juveniles, and the mentally ill….

They also tend to occur primarily in high-profile murder cases and to be the product of unusually lengthy and psychologically intense interrogations… ordinary police interrogation is not strong enough to produce a permanent change in the suspect’s beliefs.

Most significantly, there is one essential element of a true Persuaded False Confession which in Knox’s case is highly distinctive:

To convince the suspect that it is plausible, and likely, that he committed the crime, the interrogators must supply him with a reason that satisfactorily explains how he could have done it without remembering it.

This is the second step in the psychological process that leads to a persuaded false confession.

Typically, the interrogator suggests one version or another of a “repressed” memory theory.

He or she may suggest, for example, that the suspect experienced an alcohol- or drug-induced blackout, a “dry” blackout, a multiple personality disorder, a momentary lapse in consciousness, or posttraumatic stress disorder, or, perhaps most commonly, that the suspect simply repressed his memory of committing the crime because it was a traumatic experience for him.

The suspect can only be persuaded to accept responsibility for the crime if he regards one of the interrogators’ explanations for his alleged amnesia as plausible.

Knox did not in fact claim drug or alcohol use as the source of her amnesia - rather, she claimed to have accepted the interrogators’ attribution that this was due to being traumatized by the crime itself, and she offers no other explanation for her selective amnesia:

This is from Knox’s statement to the court in pretrial on 18 October 2008 with Judge Micheli presiding.

Then they started pushing on me the idea that I must have seen something, and forgotten about it. They said that I was traumatized.

Of course, Knox’s initial statement went far beyond being that of being merely a witness to some aspect of Ms. Kercher’s murder, as the interrogators at first seemed to believe was the case.

Rather, her statement placed her at scene of the murder during its actual commission while she did nothing to avert it, which naturally made her a suspect.

In other words, in the absence of any of her other testimony which indicated that she was only a witness to the murder, her own self-admitted rationale for providing a false confession was that she was traumatized by the commission of the murder itself.

Perugia judges will be familiar with all of the above and we can be sure that they brief the lay judges on the remote circumstances and incidences of false confessions.

If I were a Knox defense attorney, I would find it to be a far more fruitful line of argumentation to argue that she was simply lying, rather than claiming the supremely unlikely provision of an actual internalized false confession.


Monday, January 10, 2011

Scientific Statement Analysis: Amanda Knox’s Statement To The Appeal Court On 11 December

Posted by Peter Hyatt


As with the previous examples this analysis is cross-posted from Statement Analysis at the invitation of TJMK.

Amanda Knox made this statement in Italian at the opening of the second appeal hearing on 11 December. TJMK reported on the statement but I read no reporting or other analyses before completing this exercise.

Statement Analysis, for which the proper term is “Scientific Content Analysis” (SCAN), is best conducted in the original language. The Laboratory for Scientific Interrogation (LSI) conducts instruction in various countries in the native language of the country.

The translation was kindly done by a PMF Forum poster with native Italian.  In Knox’ case, her first language is English and not Italian. Should the original version in English be released by her team, we will do a more detailed analysis. To avoid error, we will employ only general principles.

Amanda’s speech in court:

...It would happen sometimes that someone would propose a subject to discuss among us, everyone giving their opinion. I liked to followed these discussions but I was uncomfortable about whether I should participate directly, because I’m not talented for discussions. Often I don’t succeed in expressing my convictions, at least verbally right at the moment.

In fact, of all my friends, I’m the weakest for this. That’s why, jokingly, my friend would usually jump on this, that my character was so peace-loving, and would challenge me with a little sentence: “Stand up for yourself Poindexter”, which means “Defend yourself, grind” [secchiona=someone who studies too hard, too serious]. It was a joke.

And inevitably, either I would answer, but the answer coming out of my mouth would get all twisted incomprehensible…incomprehensibly around itself, or, I just didn’t succeed in answering at all, because my mind would get blocked and my tongue would get all stuck.

I couldn’t do the thing that my friend often asked me to do, which was to defend myself. We have to imagine [Figuriamoci se io…not easy to render in English: maybe “You can imagine”] that I’m the weakest person in this room for expressing myself.

That’s why I ask for patience, because all this that I’ve prepared are the things that I didn’t succeed in saying to you yet. Or better, I find myself in front of you for the second time, but these are the things that I would like to have said already.

I ask you for patience because there have been opportunities to speak, but I was of few words. I believe that often words didn’t come to me, because I never expected to find myself here,

Note that in Amanda Knox’ address to the court, she spoke at length about how she feels she does not communicate well. Almost 25 per cent of her words are about her own speech.

Note that her initial accounts of what happened tested deceptive in statement analysis. (see prior analysis) The language she used suggested sexual activity and deception. She claimed to have been confused about details and here she dedicates a lengthy introduction to claim that although educated, she lacks skill in verbal communication and that she isn’t someone to defend herself. Note that when an innocent person is falsey accused, they find ways to communicate this plainly. In her magazine interview, as well as her descriptions of prison life, she does not show any handicap or disability in communication. Nor do we find any here, in her recent statement.

Next, we find her first denial:

“for I crime I didn’t do” (which may have been ‘commit’ lost in translation) Note that this denial has the first person singular, but is not as strong as identifying the action, rather than the classification of actions (crime). We look for a specific denial such as “I didn’t stab Meredith” or “I didn’t attack Meredith” as being stronger.

condemned for a crime I didn’t do. In these three years, I’ve learned your language, and I’ve seen how the procedure goes, but I’ve never gotten used to this broken life. I still don’t know how to face all this if not just by being myself, who I’ve always been, in spite of the suffocating awkwardness. I was wrong to think that there are right or wrong places and moments to say important things. Important things have to be said, and that’s all.

The only thing I am really sorry about now is that there are people to whom I should turn, who are not here, but I hope my words will reach them, because I am either locked in prison, or I’m here. And…I’m here.

Here she says that there is only one thing she is “really sorry” about: people she cannot see due to being in prison or court. “really” sorry would indicate other sorrows. Next, she then says she is sorry to the family of Meredith:

To the family and dear ones of Meredith, I want to say that I’m so sorry that Meredith is not here any more. I can’t know how you feel, but I too have little sisters, and the idea of their suffering and infinite loss terrifies me.

Note that “I’m so sorry” is found with the same sentence as “Meredith is not here any more”, which is minimizing. It is not just that Meredith isn’t present, she is murdered and will never be anywhere but dead. This minimization is noted among the deceptive and guilty; coupled with “I’m sorry” shows responsiblity.

It’s incomprehensible, it’s unacceptable, what you’re going through, and what Meredith underwent. [Long pause]

Note “what Meredith underwent” is to avoid much stronger language of being knifed, attacked, and brutally murdered. Minimization is noted.

I’m sorry all this happened to you and that you’ll never have her near you, where she should be. It’s not just and never will be. If you’re not alone when you’re thinking of her, because I’m thinking of you, I also remember Meredith, [5:00] and my heart bleeds for all of you.

It is likely that Meredith’s family did not wish to hear that Amanda Knox was thinking of them.

Meredith was kind, intelligent, nice and always available.

I hesitate to quote the word “available” as it sounds strange to the English language, and may not be what Knox said. “Available” in a sexual homicide, suggests willingness. It is noted here, but, again, with caution, as it may not have been the English word intended by Amanda.

She was the one who invited me to see Perugia, with her, as a friend. I’m grateful and honored to have been able to be in her company and to have been able to know her.

By stating that “she was the one who invited me” she may suggest that what happened was Meredith’s fault and is a subtle casting of blame. Again I caution the reader due to translation. Amanda Knox’ other statments, in English, should be considered more reliable. Yet, is there blame being cast here?

If Meredith was “available” when wanted, would she have been killed? Note the caution above of putting too much into this word, “available” since it may not have been the English word used. If it was, then under the circumstances, it is highly sensitive.

Patrick? I don’t see you. But, I’m sorry. I’m sorry, because I didn’t want to wrong you. I was very naïve and really not courageous, because I should have been able to endure the pressure that pushed me to hurt you. I didn’t want to contribute to all that you suffered. You know what it means to have unjust accusations imposed on your skin. You didn’t deserve what you went through. I hope you’ll succeed in finding your peace.

Amanda Knox implicated Patrick in the murder of Meredith, falsely, and here says that she is “sorry” but then blames others in the “pressure that pushed me to hurt you”; alleviating her of personal responsibility.

Note that although she claims to be unable to defend herself clearly due to language and communication limitations, she was clear when she implicated Patrick as Meredith’s killer.

Meredith’s death was a terrible shock for me. She was my new friend, a reference point for me here in Perugia. But she was killed. Because I felt an affinity towards her, suddenly, in her death, I recognized my own vulnerability. I clung above all to Raffaele, who was a source of reassurance, consolation, availability and love for me.

I also trusted the authorities carrying out the investigation, because I wanted to help render justice for Meredith.

She trusted the authorities carrying out justice but lied to them (see previous analysis) and blamed another.

It was another shock to find myself accused and arrested. I needed a lot of time to accept that reality, of being accused, and redefined unjustly. I was in prison, my photo was everywhere.

Note that she mentions her photo published. Journalists have written that she appeared, initially, to enjoy the attention. Her photo taken is important to her, which is why it entered her statement.

Insidious, unjust, nasty gossip about my private life circulated about me.

Note that this gossip was about her “private life” and note the order:

  • “insidious”
  • “unjust”
  • “nasty”

Living through this experience has been unacceptable for me. I have trusted above all to the hope that everything will be arranged as it should have been, and that this enormous error about me will be recognized, and that every day that I spend in a cell and in court is one day nearer to my liberty. This is my consolation, in the darkness, that lets me live without despairing, doing my best to continue my life as I always have, in contact with my dear friends and my family, dreaming about the future.

What allows her to be consoled is that she is closer to liberty with each passing day.

Now, I am unjustly condemned, and more aware than ever of this hard and undeserved reality. I still hope for justice, and dream about a future. Even if this experience of three years weighs me down with anguish and fear, here I am, in front of you, more intimidated than ever, not because I’m afraid or could ever be afraid of the truth,

Note that the subject tells us what she is not afraid of

...but because I have already seen justice go wrong. The truth about me and Raffaele is not yet recognized, and we are paying with our lives for a crime that we did not commit.

Note the order: “me and Raffaele” with regards to the truth

He and I deserve freedom, like everyone in this courtroom today.

Note the order: “He and I” with regards to freedom.

We don’t deserve the three years that we already paid, and we certainly don’t deserve more.

Note here that she uses “we” in regards to time served

I am innocent. Raffaele is innocent. We did not kill Meredith.

This is a weak denial.

“I am innocent” is not “I didn’t do it” but then is weakened further by the use of “we”. She has the need to speak for him as well. This, along with “we” indicates that the two are tied together; whereas one cannot be guilty without the other being guilty; one cannot be innocent without the other being innocent.

I beg you to truly consider that an enormous mistake has been made in regard to us.

Note “mistake” regarding a conviction of murder. And note “us” continuing to tie herself to Raffaele

No justice is rendered to Meredith or her dear ones by taking our lives away and making us pay for something we didn’t do.

Note that here we have the denial of “didn’t do” but it is weakened by the pronoun “we”. “I didn’t do it”; first person singular, past tense, is strongest.

Of course, there is nothing to stop a lawyer from writing out a statement for her to read as we know in Statement Analysis, the “I didn’t do it” must be in the freely edited process of the subject, such as Richard Jewell, while the subject is speaking for himself, unrehearsed. When this is done, an innocent person will say that they didn’t do it, and accept nothing else.

The innocent person has no “we”, and has no need to minimize what happened because they do not have an emotional attachment (hate, rage, anger, etc) to the crime; therefore, the innocent person will often use harsh terminology, whereas we see, particularly in brutal murders, softer language, such as “I would never harm him” or “I wouldn’t hurt her” when talking about murder but ONLY while the person’s mind is choosing the words to speak.

This is the editing process that we all exercise. It must be free (this is why we note reflected language in interviews and why we are careful to ask open ended questions whenever possible).

I am not the person that the prosecution says I am, not at all.

Note that in an answer with the word “no” that each word that follows “no” weakens, even if slightly, the statement.

According to them, I’m a dangerous, diabolical, jealous, uncaring and violent girl.

This is something we find in guilty statements where the subject frames truthful words together, such as “you think I did it”. (See the example in Scripture regarding the trial of Christ as “king” of the Jews). It is Amanda Knox who frames these words:

“I’m a dangerous, diabolical, jealous, uncaring, and violent girl” comes within her statement. This is not something that innocent people do because they do not have the connection (emotionally or intellectually) with the description.

If someone says to you “you think I cheated on you!”, the wording shows an increased in the percentages that the subject cheated on you. It is not to be taken by itself; but upon the whole. If something is 70% likely, it still is 30% unlikely.

But when taken with other indicators, it can reveal if the person cheated. Note the innocents generally cannot connect themselves with guilty words in this manner.

Given the many indicators of deception in her early statements, it would appear that Amanda Knox is recognizing things about herself. It would be interesting to learn the Italian word for “girl” rather than “woman”.

Again, Statement Analysis is best conducted in the language of the statement.

Their hypotheses depend on this. But I’ve never been that girl. Never.

Note two things: previously, she stated that she has always been herself. Note also that she repeats the word “never” which increases the sensitivity of the statment.

The people who know me are witnesses of my personality. My past, I mean my real past, not the one talked about in the tabloids, proves that I’ve always been like this, like I really am,

Something may be lost in translation here, especially in the words ““that I’ve always been like this…” following the tabloids. It does not flow, which may suggest translation difficulty.

and if all this is not enough, I ask you, I invite you, I ask you to ask the people who have been guarding me for three years. Ask them if I have ever been violent, aggressive or uncaring in front of the suffering that is part of the broken lives in prison.

Knox offers her behavior in prison as proof that she is not violent. I do not think “in front” is meant as deceptive (as if she has been violent, just not in front of others) but is convoluted in translation.

The way to verify the meaning is to either ask her to explain it in English, or check not only her prison record, but interview other prisoners.

Because I assure you that I’m not like that. I assure you that I have never resembled the images painted by the prosecution.

Note “resembled”

How could it be possible that I could be capable of achieving the kind of violence that Meredith suffered? How could it be possible that I could throw myself like that at the opportunity to hurt one of my friends?

Note again the wording that is phrased. On general terms, the innocent do not frame guilty language within their sentences, even when posed as a question or an exclamatory statement.

...such a violence, as though it were more important and more natural than all my teaching, all my values, all my dreams and my whole life? All this is not possible.

That girl is not me. I am the girl that I have always shown myself to be and have always been. I repeat that I also am asking for justice. Raffaele and I are innocent, and we want to live our lives in freedom. We are not responsible for Meredith’s death, and, I repeat, no justice is accomplished by taking our lives away. [Whispers: “okay”] Um, thank you

We still not have have a strong denial from Amanda Knox.

Note that many words in her statement have been skipped here due to possible translation issues. She does frame words in a manner of guilt, but more reliable are her statements made early on, and to the press when she spoke in English. Italian Statement analysis would be better, though the analysts there must use caution as Italian is her second language.

What is best for our understanding is when she speaks English and the analysis is done in English.


Friday, January 07, 2011

Scenario Explaining Meredith’s Cell-Phones Dumped At The Same Address As The Toilet-Bomb Hoax

Posted by Cardiol MD


We are facing east here.

That road ahead drops way down, and then it joins a road rising sharply up again to where Meredith’s house is.

Here Madame Lana’s house is to the left. The cellphones were tossed over the trees at the center, down the slope into the garden. To the right is the path to the door in the city wall 100 meters away (and so to Guede’s and Sollecito’s houses).

The choice of 5A Via Sperandio for disposing of the cell-phones creates a puzzle for which the Massei Jury, apparently, “cannot see any reason”: From page 385 of the Report:

[We] cannot see any reason why the author of the crime would have been in Via Sperandio…and [we] cannot see what destination a person advancing along that street could have had with any objective other than that held by this Court: to throw the telephones in a place where they would be very difficult to find.


There may be a scenario that resolves this puzzle:

Late in October, Amanda Knox and Raffaele Sollecito may have already discussed, and formulated the outline of a plan to teach-Meredith-a-lesson.

An opportunity to play-out such a plan presented itself on the evening of November 1st, 2007:

At 20:18:12 Amanda, receives an SMS text from Patrick Lumumba asking her not to come in to work that evening (page 345).

This unexpected free time, Rudy Guede’s availability, and their knowledge that the house would be empty, fitted-into “doing it” that night.

Here is the scenario. Somewhere about 2200 - 2300, Thursday, Nov 1st, 2007 the-teaching-of the-lesson began…

The next 12 hours, ending with the Police discovery of Meredith’s dead body, is a litany of the trio’s miscalculation and failure to foresee the foreseeable:

    1. The first miscalculation was their failure to foresee that Meredith could, and would resist so effectively that even all three of them combined could hardly restrain her.

    2. The second miscalculation was their failure to foresee Meredith’s scream, loud enough to be heard all round their little world.

    3. The third miscalculation was their failure to foresee that their crescendo of neck-airway-stabbing, intended to shut-her-up - which it did - could, and did, also cut an artery, the Right Superior Thyroid Artery.

Cutting that artery resulted in a bright red jet of arterial-blood, which would have sprayed Meredith, Meredith’s clothes, them, their clothes, the wall, and the floor.

They fled.

Meredith then died an awful death from inhaling her own blood.

The-teaching-of-the-lesson may well have occupied no more than 15 minutes from beginning to end - maybe even less.

The remainder of the 12 hours was occupied, first by verifying the absence of a hue-and-cry, especially any police-alert; then returning to their crime-scene, finding that Meredith was dead, cleaning-up, rearranging the scene, faking a break-in, and at some point disposing of Meredith’s cell-phones “in a place where they would be very difficult to find.”

This is where the choice of 5A Via Sperandio for disposing of the cell-phones creates a puzzle for which the Massei Jury, apparently, “cannot see any reason,” but to which there may be a solution:

    1. First, there was probably a division of labor for this cell-phone disposal; Raffaele Sollecito was more than likely presumed best to do it. He had been a student in Perugia since 2002 more than 5 years, and knew local Perugia far better than the others.

    2. Secondly, a most efficient way to detect any police-alert is a police-scanner or police-wavelength radio.

Police scanners are hand-held instruments, fitting into a coat pocket, or on a waist-belt. They can automatically scan thousands of police-frequencies, detecting police radio traffic, alerting the user.

Police scanners are sold all over the world; almost anywhere in the world you can buy one that could be attuned to Italian police-radio traffic frequencies.

If Sollecito had a police scanner he could have picked-up, and because he was native Italian, understood any Perugia police radio traffic relating to the Via Sperandio hoax call, which was reported to the Police at around 10:00 pm on November 1st.

7 Via della Pergola is not far from 5 Via Sperandio - variously estimated to be 5-7 minutes from 7 Via della Pergola by car, or 15-30 minutes on foot.

Sollecito would have known that.

Given the multiple mis-calculations already made, Sollecito might well have outsmarted himself and, expecting the Police not to go again to 5 Via Sperandio, disposed of the cell-phones right there.

At least one was left on though, unwittingly defeating the object of the exercise, and starting the police trail that remorselessly led to him and Knox..


Saturday, January 01, 2011

Report #6 On Perugia: A Walk Along The South (Street) Side Of Meredith’s House

Posted by SomeAlibi


Friday, December 31, 2010

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

Posted by SomeAlibi


Wednesday, December 29, 2010

Scientific Statement Analysis: Knox’s Handwritten Note To Police On The Day She Was Arrested

Posted by Peter Hyatt



Above: Amanda Knox telling one of her three previous stories to the police outside the house several days earlier.

These posts analyzing key statements are adapted from posts on Statement Analysis at the invitation of TJMK. They are examples of the application of statement analysis, a powerful investigative technique with a very long history of success.

In Meredith’s case such analysis surfaces very telling patterns in the statements of those convicted and undergoing appeal, and also in the statements of those seeking to gain for themselves from the death of Meredith Kercher. 

This is an analysis of the transcript of Amanda Knox’s handwritten statement to police on the evening of November 6, the day she was arrested.

This is very strange, I know, but really what happened is as confusing to me as it is to everyone else.

The opening line appears deceptive.

Dr. Paul Eckman teaches that testifying to memory failure is almost always deceptive. We don’t know what drugs may have impacted her when this statement was made, but failure to remember is most always deceptive, especially in high stress situations.

note the inclusion of sensitive words, “very” strange, and “really” what happened. She notes that others are confused as she is.

I have been told there is hard evidence saying that I was at the place of the murder of my friend when it happened. This, I want to confirm, is something that to me, if asked a few days ago, would be impossible.

Passive language “I have been told” rather than who told her what specifically. But far more telling is the following words within her statement: “I was at the place of the murder of my friend when it happened”. This is not something an innocent person generally says, even in the form of a question, nor in a reflection of others’ words. Someone NOT at the crime scene would not frame these words.

Note that she Wants to confirm, which is different than confirming.

She wants to confirm something that to her, if asked a few days ago, would be impossible. Is the something that she wants to confirm something that would be different to someone else (hence the use of “to me”). She is not being asked “a few days ago”, she is being asked in the present. It appears that her perspective on the “something” she wants to confirm is different now than it was a few days ago.

Also note that “would be impossible” is different than “is impossible.” The addition of “would be” changes her claim from something that already happened into a future event.

I know that Raffaele has placed evidence against me, saying that I was not with him on the night of Meredith’s murder, but let me tell you this. In my mind there are things I remember and things that are confused. My account of this story goes as follows, despite the evidence stacked against me:

“in my mind” is likely deceptive, as it is only in her mind; and not in reality. It is an attempt to avoid the stress of lying.

When people recount events from memory, they generally don’t call it a “story”, a word which conjures images of a made up tale.

On Thursday November 1 I saw Meredith the last time at my house when she left around 3 or 4 in the afternoon. Raffaele was with me at the time. We, Raffaele and I, stayed at my house for a little while longer and around 5 in the evening we left to watch the movie Amelie at his house. After the movie I received a message from Patrik [sic], for whom I work at the pub “Le Chic”. He told me in this message that it wasn’t necessary for me to come into work for the evening because there was no one at my work.

It may be that she and Patrick argued.

Now I remember to have also replied with the message: “See you later. Have a good evening!” and this for me does not mean that I wanted to meet him immediately. In particular because I said: “Good evening!” What happened after I know does not match up with what Raffaele was saying, but this is what I remember.

Weak commitment to the text. If the subject does not own the text, neither can we.

I told Raffaele that I didn’t have to work and that I could remain at home for the evening. After that I believe we relaxed in his room together, perhaps I checked my email. Perhaps I read or studied or perhaps I made love to Raffaele. In fact, I think I did make love with him.

Deceptive use of qualifiers. Again, see Dr. Eckman for this form of deception (memory). Note “perhaps” (qualifier) she made love “to” Raffaele. Sex is a theme in this case, and should be explored by investigators. First she says she may have made love TO Raffaele, then changes it to WITH him in the same sentence. The change in language would need to be explored.

However, I admit that this period of time is rather strange because I am not quite sure. I smoked marijuana with him and I might even have fallen asleep. These things I am not sure about and I know they are important to the case and to help myself, but in reality, I don’t think I did much. One thing I do remember is that I took a shower with Raffaele and this might explain how we passed the time.

We can only commit to what the subject commits; here, she took a shower, but wants everything else to be vague; indicating deception.

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.

“in truth” is used because she now wants to be believed as is the inclusion of minute detail after reporting memory failure. Sometimes liars add extra, minor detail, in the hope of persuading (see Casey Anthony description of “Zanny the Nanny”).

The shower details are also interesting as it is used to pass time and sexuality. Sex is a theme in her statement. Think how you might describe your night; even if you had a romantic shower, would you include it? If you felt that you needed to, would you give details about ears? Sex is in her mind WHILE giving this statement and should alert investigators to any sexual motive in the crime. Making love “to” not “with” her boyfriend may show that Amanda Knox strongly wanted to please him. This may speak to motive and just how far she went.

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, although I can’t be sure because I didn’t look at the clock.

Lack of commitment to the events noted

After dinner I noticed there was blood on Raffaele’s hand, but I was under the impression that it was blood from the fish. After we ate Raffaele washed the dishes but the pipes under his sink broke and water flooded the floor. But because he didn’t have a mop I said we could clean it up tomorrow because we (Meredith, Laura, Filomena and I) have a mop at home. I remember it was quite late because we were both very tired (though I can’t say the time).

Always note when someone says that they “can’t” say something; it can indicate that if they did tell the information, it would harm them. Here, she “can’t” tell the time; yet has other details down carefully.

“noticed” is passive. Passive languge indicates a desire to conceal and she is withholding information here.

Note also any inclusion of thought/emotion within an event. When someone is giving a verbal or written statement, it has been shown through careful study that in the recall process, emotions and thoughts are added later; not in the actual event itself.

A statement has 3 general portions:

  • an introduction
  • the event
  • post event action

It is in the 3rd section that emotions and thoughts are most likely to be included in an honest statement.

Note also the “balance” of a statement is where the introduction of an honest statement is about 25% of the statement; the event is 50%, and the post event (like calling 911, etc) is 25%. Any deviation is noted but strong deviation is a solid test for deception. This is covered in other analysis)

The next thing I remember

Temporal lacunae. This indicates withheld information during a critical time period; high sensitivity. The police interview would strongly emphasize here

was waking up

Note verb tense

the morning of Friday November 2nd around 10am and I took a plastic bag to take back my dirty cloths to go back to my house. It was then that I arrived home alone that I found the door to my house was wide open and this all began. In regards to this “confession” that I made last night, I want to make clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion.

Note “very doubtful” qualifier; rather than making a full denial of her confession.

note the order: stress, shock, and extreme exhaustion. Stress is the first thing noted.

Not only was I told I would be arrested and put in jail for 30 years, but I was also hit in the head when I didn’t remember a fact correctly.

Here, Knox comes close to a confession, even in her denial. Note what she calls the information: “fact”

I understand that the police are under a lot of stress, so I understand the treatment I received.

However, it was under this pressure and after many hours of confusion that my mind came up with these answers. In my mind I saw Patrik in flashes of blurred images. I saw him near the basketball court. I saw him at my front door. I saw myself cowering in the kitchen with my hands over my ears because in my head I could hear Meredith screaming.

But I’ve said this many times so as to make myself clear: these things seem unreal to me, like a dream, and I am unsure if they are real things that happened or are just dreams my head has made to try to answer the questions in my head and the questions I am being asked.

Even within fabrication, each word spoken (or written) is vital and should be examined within the forensics of the investigation.

We have already seen the lack of ownership and now she only reports seeing things in her mind. Yet, in spite of lying, there may be many important elements within her account.

But the truth is,

This introduction tells us that she has lied and now wants to be believed

I am unsure about the truth and here’s why:

1. The police have told me that they have hard evidence that places me at the house, my house, at the time of Meredith’s murder. I don’t know what proof they are talking about, but if this is true, it means I am very confused and my dreams must be real.

2. My boyfriend has claimed that I have said things that I know are not true.

Knox is acutely aware of the evidence, the crime scene, and that she has been blamed.

I KNOW I told him I didn’t have to work that night. I remember that moment very clearly. I also NEVER asked him to lie for me. This is absolutely a lie. What I don’t understand is why Raffaele, who has always been so caring and gentle with me, would lie about this. What does he have to hide? I don’t think he killed Meredith, but I do think he is scared, like me. He walked into a situation that he has never had to be in, and perhaps he is trying to find a way out by disassociating himself with me.

Several indicators here, including qualifiers, adverbs,and the inclusion of “never” which here is offered (negation) which suggests that she did ask someone to lie for her. Note that she says “he walked into a situation” with “walk” a word indicating tension.

Honestly,

Repeated use of similar statements is from habitual liar (childhood) who wants to be believed

I understand because this is a very scary situation. I also know that the police don’t believe things of me that I know I can explain, such as:

Note “can’t explain”

1. I know the police are confused as to why it took me so long to call someone after I found the door to my house open and blood in the bathroom.

This tells us what Knox has been attempting to do: confuse the police. The police are not “confused”; they recognize the incongruity of Knox’ statements. This is the “muddy the waters” technique employed by the guilty (Jose Baez comes to mind)

The truth is,

Noted

I wasn’t sure what to think, but I definitely didn’t think the worst, that someone was murdered.

Someone; gender free. This is an attempt to, perhaps, even lie to herself about the murder. She knows the gender of the victim.

I thought a lot of things, mainly that perhaps someone got hurt and left quickly to take care of it. I also thought that maybe one of my roommates was having menstral [sic] problems and hadn’t cleaned up. Perhaps I was in shock, but at the time I didn’t know what to think and that’s the truth. That is why I talked to Raffaele about it in the morning, because I was worried and wanted advice.

Lack of commitment noted; lots of qualifiers leaving room for a variety of explanations in order to “confuse”. Liars have a difficult and stressful task of recalling what stories they have told and by adding “perhaps” and “maybe”, they are able to later defend their inconsistency.

First, she lists posible excuses for not calling police, excuses that didnt cause her to be alarmed. Then she goes on to say that “perhaps” she was in “shock”, which means that she would have had knowledge of a traumatic event. In the next sentence, the “shock” turned to “worry” which caused her to seek advice.

2. I also know that the fact that I can’t fully recall the events that I claim took place at Raffaele’s home during the time that Meredith was murdered is incriminating. And I stand by my statements that I made last night about events that could have taken place in my home with Patrik, but I want to make very clear that these events seem more unreal to me that what I said before, that I stayed at Raffaele’s house.

3. I’m very confused at this time. My head is full of contrasting ideas and I know I can be frustrating to work with for this reason. But I also want to tell the truth as best I can. Everything I have said in regards to my involvement in Meredith’s death, even though it is contrasting, are the best truth that I have been able to think.

[illegible section]

I’m trying, I really am, because I’m scared for myself. I know I didn’t kill Meredith. That’s all I know for sure. In these flashbacks that I’m having, I see Patrik as the murderer, but the way the truth feels in my mind, there is no way for me to have known because I don’t remember FOR SURE if I was at my house that night. The questions that need answering, at least for how I’m thinking are:

1. Why did Raffaele lie? (or for you) Did Raffaele lie?

2. Why did I think of Patrik?

3. Is the evidence proving my pressance [sic] at the time and place of the crime reliable? If so, what does this say about my memory? Is it reliable?

4. Is there any other evidence condemning Patrik or any other person?

3. Who is the REAL murder [sic]? This is particularly important because I don’t feel I can be used as condemning testimone [sic] in this instance.

I have a clearer mind that I’ve had before, but I’m still missing parts, which I know is bad for me. But this is the truth and this is what I’m thinking at this time. Please don’t yell at me because it only makes me more confused, which doesn’t help anyone. I understand how serious this situation is, and as such, I want to give you this information as soon and as clearly as possible.

If there are still parts that don’t make sense, please ask me. I’m doing the best I can, just like you are. Please believe me at least in that, although I understand if you don’t. All I know is that I didn’t kill Meredith, and so I have nothing but lies to be afraid of.

Amanda Knox owns her involvement in Meredith’s death with a word: MY. Someone who was not involved in Meredith’s death would not state “my involvement”, because they would not own it.

The same theme continues. I have highlighted the key words as the explanation is the same. Knox can’t tell the truth, as it would cause her consequences; therefore, she seeks to confuse and leave open all sorts of possible explanations.

She does not report what happens, but attempts to persuade. This is likely how she got herself out of trouble growing up, and is used to getting her way. The wording suggests her form of lying is lifelong, and not specific to this event.

Amanda Knox would not pass a polygraph test. She fails the polygraphy of Statement Analysis and places herself at the scene of the murder and is deceptive throughout her account.


Sunday, December 26, 2010

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

Posted by SomeAlibi

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

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

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


Thursday, December 23, 2010

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

Posted by SomeAlibi


Thursday, December 16, 2010

As Amanda Knox Via Her Statement Has Now Placed “Will She Testify?” Front And Center…

Posted by Cardiol MD





She sure has created an interesting cliffhanger.

Last Saturday Amanda Knox spoke from her seat beside her defense team and she was not subjected to cross-examination.

If she does choose to mount the stand to back up her claims with some testimony, she will be subject to cross examination, as will Raffaele Sollecito. 

What may the judges and lay judges be allowed to deduce if neither of them mount the stand, or alternatively refuse to answer?

This involves the legal concepts of the Privilege against Self-Incrimination, the Right to Silence, and the Right to Lie.

In the US prosecutors are prohibited from commenting adversely on a defendant’s Exercise of the Right to Silence at trial, on the argument that doing so would violate the privilege against self-incrimination.

But this may be circumvented as demonstrated in the Duke lacrosse-team rape frame-up by the prosecutor.

The DukeLax prosecutor (echoed by many others in Durham and elsewhere) falsely alleged, publicly, a lacrosse-player “wall-of-silence” as persuasive evidence in favor of guilt, even when he knew full-well that the Laxers had transparently cooperated with prosecutorial investigators.

So much for “enshrinement” of the right to silence in the US.

There is no argument that in all three countries, Italy and the US and the UK, criminal defendants have the right to remain silent. This means that they do not have to speak in their own defence, if they choose not to do so.

However, Italy takes the privilege against self-incrimination such a giant step further that a guilty defendant, if given the choice, might be wise to choose trial in Italy, in preference to trial in either the US. or the UK.:

First, there is a significant difference between the use of the word “testify” in Anglo-American common law and its use in Italian law. Iin the former a testifying-defendant is sworn to tell the truth under oath and pain of perjury. Iin the latter, a defendant, when called to the stand, is not even “a witness”, and is not under oath:

According to the Italian Code of Criminal Procedure a defendant can be called to speak, but may refuse to “bear testimony”

Technically, a defendant does not “bear testimony”, or testify; a defendant is not even “a witness” ; in Italian, a witness is interrogato, whereas a defendant is esaminato and may refuse to answer many questions.

A defendant, in Italy, can also lie without fear of legal sanction.

Since a defendant does not take an oath and since a defendant is not technically a witness, if a defendant tells a lie, the defendant is not committing perjury.

A defendant can choose to make spontaneous statements to the Judge; and can tell whatever she/he wishes to tell and can choose not to answer any questions. In the Perugia case too, a defendant can lie without legal sanction.

So, if Amanda Knox speaks at her trial, neither the Judges, the Prosecutors, nor Defendant’s Counsel neccessarily expect her to speak the truth - they may expect her to lie her head off.

Prosecutors will not try to directly expose her lies so much as they will try to expose the contradictions in her various statements.

Amanda Knox’s prepared statement-to-the-court at her trial [as opposed to her testimony] restricted itself to the subject of the false accusations she made against Patrick Lumumba. This unsworn statement could not be submitted to cross-examination. Such unsworn statements are also possible in the other jurisdictions.

In the case of the Meredith;s murder there seems to be an ample supply of evidence showing their guilt, such as the multiple contradictions both between and within their statements.

Furthermore, even if no one, ever, comments adversely on these defendant’s exercise of the right to silence, think of Simon and Garfunkel’s famous “Sounds of Silence”

That song reminds us that finders-of-fact, at least subliminally, can hardly avoid being influenced by accused defendants’ silence.


Monday, December 06, 2010

Will Sollecito And Knox Finally Want To Take The Stand? Why Our Betting Is Against

Posted by Kermit


The Massei Report makes nothing of the fact that Amanda Knox and Raffaele Sollecito did not rise under oath in their defense.

But if that made zero impact on the perceptions of the judges and lay judges, we would be very surprised. There are VERY few cases in the US or Europe where an INNOCENT defendant (1) rose to testify, (2) was then found guilty and sentenced, and (3) and was later found to be innocent after all.

Raffaele Sollecito never ever took the stand. He confined himself to some spontaneous remarks not under oath which is permitted in Italian courtrooms. They seemed not at all effective and they sure didn’t eliminate at all the 80,000 pound gorilla of evidence that the prosecution had let loose in the room.

Amanda Knox made similar spontaneous remarks, none of which seemed very helpful - the first was to jokingly explain why her bunny vibrator was always on view in the bathroom that she and Meredith shared.

The Knox testimony seen here was not a part of the main trial - it was offered ONLY to explain why Knox implicated Patrick Lumumba, and under the agreed rules for that testimony, the prosecution’s questioning was very circumscribed and curtailed.

Despite that, Amanda Knox seemed to do herself little real good on the stand, and in her second day there she sounded amused and very callous about the death of Meredith.

Please click here for 150 questions for Amanda Knox which should open in Powerpoint in half a minute. They show how blistering a full-blown prosecution cross-examination really could be.

Actually it could be even tougher. Those questions were assembled 18 months ago - and in the months after, we had the hesitant and nervous defense phase, the very strong prosecution summation, and the implacable Massei Report.

We could probable triple the questions for Knox now, and create a similar list for Sollecito. If he is given the chance to cross-examine the two, Prosecutor Giancarlo Costagliola very well may triple them.

The defenses have very few rounds of ammunition going into this appeal - the anti-Guede witness Alessi is a joke, and the DNA and forensic tests were all done fine the first time and have never been proved - despite all the smoke being blown - to be false or falsified.

So will they or wont they take the stand?

They seem cooked if they do - and cooked if they don’t. Tough call.


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