Headsup: Those in the US and elsewhere who can access the Lifetime cable channel and website and who are following the Epstein/Maxwell saga may wish to catch Surviving Jeffrey Epstein on 9 and 10 August.

Category: Heavey, Bremner

Tuesday, November 05, 2013

Appeal Court Sessions This Wednesday And Thursday Dont Look Very Promising For The Defenses

Posted by Peter Quennell




Expected proceedings and backdrop

The Carabinieri DNA report will be the main item and after an interruption from Sollecito we could see the final summations begin.

It is hard to believe that Doug Preston and other deniers of the plain facts have exulted in recent months that the Florence prosecution and court could be a big plus for the perps in their appeal. Presumably their joy was based on highly out-of-date takes on the 2010 move against Dr Mignini by a rogue Florence prosecutor in front of a rogue Florence judge.

Well, guess what? Both have been edged aside (like Hellmann and Zanetti), and the Florence Appeal Court and the Supreme Court have scathingly reversed Dr Mignini’s (and Dr Giuttari’s) faux conviction. And despite some ill-advised smearing still emanating from the Fischers, Moores, and other Knox parasites, Dr Mignini and his colleagues are seeing their careers and popularity (and 2009 success) riding very high. 

Judge Nencini and Prosecutor Crini are both hardened anti-Mafia battlers, and the not-so-hidden hand of the mafia in the Italian media campaign to poison public opinion against the court will not have escaped their attention for sure.

At least half a dozen of the parties on the defense bandwagon are known fellow-travelers of the mafia, and at least two are already headed for court - Luciano Aviello is already there for obstruction of justice, and Mario Spezi is headed there soon for a false and very elaborate framing of murder, a charge which could put him (and maybe Preston) away for a long while. The editor of Amanda Knox’s favorite mouthpiece, Oggi, is another we may see.

The same Florence prosecutors and courts will also be putting Frank Sforza on trial starting this wednesday with a preliminary hearing at which the details of the charges against him will enter the public domain. We will post then at more length. Our past commentary on Sforrza can be read here.

Frank Sforza has been a very close ally of some of the more hotheaded and misleading Amanda Knox supporters (both the Mellases, Steve Moore, Bruce Fischer, Michael Heavey, among others) and if he squeals to keep himself safe and out of jail, their own legal fortunes could take a big fall.

Frank Sforza is also required to appear for trial both in Perugia and Seattle, in both jurisdictions for physical abuse. If he fails to show in Florence (his Rome address is quite well known) we expect to see him nabbed by the police and sent on his way in handcuffs to all three trials. 

The same Florence prosecutors and courts are also contemplating new charges against Raffaele Sollecito and his publishing and PR bandwagon for the wild claims in his book, which were designed to poison public opinion agains the court and make him a ton of money. Those claims are a real minefield for Sollecito when he gets up and talks as they conflict both with what his team has said in court and what Knox said in her book.

Knox’s book, which was also designed to poison public opinion against the court and make her a ton of money, is being investigated by the chief prosecutor in Bergamo up north. At a minimum, the Florence prosecutors and judges will already know of this attack on the chief prosecutor which seems enough for a guilty verdict all by itself.

Contexting the DNA report

The main findings of the Carabinieri labs were summarised in the post directly below.

This further take on the context, and on who is up and who is down, was kindly contributed by one of our Italian court-watchers, who has many connections in Florence and Rome, and who sees the prosecution DNA teams as riding high now, and the defense forces and Vecchiotti and Conti as left with with no place to hide.

Dr. Barni and Dr. Berti, the two court-appointed Carabinieri RIS experts, are the authors of various internationally-circulated articles about presumptive blood tests, where they prove the opposite of some of the things the Sollecito—Knox sycophants deny. For example that bleach does decompose quickly when exposed to air and does not react to luminol after some 1-2 days.

Patrizia Stefanoni also has respected publications as a scientific author. In fact, in 2011 she was in the top 25 hits of forensic science with her publications, she has been even in first place  with this report.

The Carabinieri RIS note that the refrigerator has no temperature log; from this detail, albeit small within the overall report, we can deduce that Vecchiotti’s laboratory cannot have had ISO 9001 certification or any other international certification, given that the standards would require a temperature log.  Apparently the refrigerator doesn’t have an accurate thermometer either,  since the Carabinieri measured the temperature using one of their own.

Another detail noted at the beginning is this: the Carabinieri RIS expected the sample volume to be 24 microliters, since this was the remaining volume declared by Conti and Vecchiotti,  while Barni and Berti found it to be only between 16 and 17 microliters.  They infer that Vecchiotti and Conti might have been inaccurate on the estimation of the remaining amount after quantization, or hypothesize that the content might have evaporated over the last two years because the samples were not wrapped inside a protective film.

Vecchiotti and Conti had been already discredited, and have no credibility in the present appeal trial. However, the RIS finding might deliver a further blow to whatever might be their residual credibility. They had already previously been completely discredited because: 

    1. They were appointed by judges who are now completely discredited, whose conduct was found illegitimate for reasons of unprecedented gravity, and who received a devastating bashing from the Supreme Court;

    2. Vecchiotti and Conti were also discredited by Prosecutor Manuela Comodi in her court cross-eamaination in 2011, as the speciousness and falsehood of their arguments was exposed (this was the famous hearing where they claimed contamination on the ground that “everything is possible” and where Vecchiotti admitted she didn’t request negative controls)

    3. Vecchiotti and Conti were discredited scientifically by Novelli’s argument, as he explained that they should have tested the 36-I sample, and as he also explained that that he found no trace of contamination in the Scientific Police laboratory’s work, or any reason to suspect contamination of Meredith Kercher’s DNA, and he explained that attribution could be done accurately based on bio-statistical calculation without requiring a second confirmatory test.

    4. Finally, Vecchiotti and Conti were egregiously discredited by the Supreme Court which addressed a manifest issue in their “intellectual honesty”. Here is the Supreme Court ruling, page 65:  ” ... a member of the panel of experts could not assume any responsibility for unilaterally narrowing the scope of the mission, which was to be carried out without hesitation or reservation, in full intellectual honesty, giving a complete account of the possible insufficiency of the material or unreliability of the result. (...) “

The court mentions sardonically the judge-appointed expert’s “intellectual honesty”, and that is a very striking comment when found in a Supreme Court ruling: since the Cassazione is not a fact-finding panel, they don’t write about factual conclusions unless they appear prima facie as manifest and undisputable.

So the Supreme Court considers there are problems of intellectual honesty in the work of Vecchiotti and Conti, something manifest and obvious; the Court acknowledges they are obvious, something that anyone can see, which does not require a fact-finding by a judiciary organ to be pointed out.

Now the Carabinieri RIS report may bring further discredit upon Vecchiotti and Conti, if they have any credibility left. There are at least two reasons for this:

    1) Because the finding of a reliable DNA profile belies the assessment that was given by Vecchiotti and Conti that extraction of a profile would be impossible, and demonstrates that in fact it was possible to extract a reliable profile; incidentally the fact that a Carabinieri RIS test was ordered itself implicitly denies Hellmann-Zanetti’s assessment that any result from 36-I would anyway be useless because contamination could have occurred outside the laboratory; but also it credits Novelli while it discredits Veccchiotti and Conti on a scientific level,  because it explicitly denies the idea that small (Low Template) DNA amounts are unreliable.

    2) Because the Carabinieri RIS test employs the method proposed by Novelli, that is to couple Stefanoni’s “˜biologic’ analysis method with the statistical probability assessment method, in order to come to a certain attribution. Moreover, the Carabinieri RIS also point out that they can do this by assessing only 11 loci from a complex trace which also has foreign alleles (whereas trace 36-B analysed by Stefanoni was a “˜clean’, non-mixed profile matching a 17-loci sequence).

The Carabinieri RIS ran the test in “˜duplicate’ while Stefanoni made a single profile extraction. The Carabinieri point out that they can do this ““ divide even a smaller and more complex trace, and test it for comparison even on a smaller number of loci - because they now have “a system with extremely higher analytical performance which is able to provide result quantitatively and qualitatively better compared to previous systems”.


Sunday, November 03, 2013

Knox Apologists Attempt To Bend Congress; But Nobody Important Turns Up

Posted by The TJMK Main Posters





From the left: Steve Moore, John Douglas, and Michael Heavey.

In a room for hire at the Congress they made presentations of their misleading takes on the case to a near-empty room.

Senator Cantwell was apparently there briefly but took off as soon as she could. No other elected leaders were seen to be there.

There was seemingly no media coverage except for a sole post by another Knox apologist on the Infamous Ground Report.

These are hardly the most impartial or for that matter truthful and accurate observers of the case.

Click through for our numerous takedowns of the hapless Steve Moore, and John Douglas, and Michael Heavey.


Monday, October 28, 2013

Some Hard Truths Sollecito PR Puppet Sharlene Martin Omits In Her Misleading Invite To The Congress

Posted by The TJMK Main Posters





Dear Sharlene Martin:

Please dont say we didnt warn you before. In this notice of a Congressional “briefing” (read: paid highly misleading PR) you once again gloss over a number of hard truths.

You might well be advised to head to higher ground. The US Congress and the Administration will soon be left in no doubt about the correct facts of the case against Sollecito and Knox, as Italian law enforcement start to reach out to their counterparts in the FBI, and as they charge mischief-makers with obstruction of justice in the case, and as more and more reporters in the US and UK media wisen up.

Against your client, this was always a very strong case. And this alone has your client cooked. Here are some other corrections and correct background to the false claims you have just made.

    1) Senator Cantwell was already burned by associating too closely with your radioactive group. She spoke out daffily for Amanda Knox several years ago - and then, duly warned, she went quiet again. Ask her congressional staff for the story to that. And read our past heads-ups for Senator Maria Cantwell here and here.

    2) Your client Raffaele Sollecito wrote the most defamatory and misleading book about an Italian case in many years. Key claims have been repudiated by his own father on Italian TV. As his case is ongoing Sollecito is meant to fight it in the (very fair) Italian courts, not poison public opinion to lean on those courts. Sollecito is being considered for charges of obstruction of justice for the book and much else in the media, and you and the publishers may be charged too.

    3) This is NOT a third trial. It is a re-run of a first appeal. If the very well-run and highly decisive Massei trial of 2009 had been run in the US or UK it is hard to see what grounds if any, any appeal judge would accept for appeal. Your client would be near the end of his sixth year in prison. And it is known that the Hellmann Appeal and the DNA consultancy were both bent by Sollecito’s and Knox’s own teams (corrective measures have been taken with more to come) so the 6-year process is essentially your own team’s fault.

    4) John Douglas’s highly self-serving chapters on the case are among the silliest ever written in a crowded field. The very vain Douglas starts with the totally false premise that Knox was forced to confess after many many hours, and from there on out it is all downhill. He takes a faux position essentially identical to that of Saul Kassin. Read about Kassin’s own spurious and highly self-serving take on Knox’s “forced confession” here and here and here.

    5) Steve Moore lacks the correct expertise to analyse this case and he was never the ace crime scene investigator you claim. A dozen or more posts here show how unreliable and rambling he is. Among other things he appeared on a disastrous panel (with a team almost identical to yours - and an audience that peaked at 35) at Seattle University a couple of years ago. Read what two very astute lawyers thought of his man-in-a-bubble performance here and here.

    6) The hapless Michael Heavey was officially reprimanded for his bizarre intervention in the case. He was also on the disaster of a panel at Seattle University. He has got the basic facts wrong again and again and again. Here he is getting the facts wrong five years ago.  Here is his association with Frank Sforza, a key mis-stater of the key facts of the case and serial defamer of the Italian officials involved, who he was financially supporting - and who now faces three separate trials of his own.

    7) And the hapless John Q Kelly? This is a tough field in which to come out ahead but John Q was perhaps the silliest talking head for Knox and Sollecito on TV. He babbled on in the media about a railroading that never took place. Read how even his own colleagues considered him to have been duped here and here.

A Congressional briefing panel that is not made in heaven, that is for sure. Stay tuned. There is more to come.




Tuesday, October 08, 2013

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

Posted by Marcello




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

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

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

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

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

2. Evidence Against You Is Far, Far Stronger

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

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

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

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

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

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

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

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

3. The Numerous Questions From Which You Hide

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


4. Italy Is Not Buying The Racist Mantra

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

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


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










Thursday, August 15, 2013

Trashing Of Italian Justice To Bend Trial Outcomes And How The Republic Pushes Back

Posted by The TJMK Main Posters



A big mob trial in Italy

1. Those Who See To Trash Italian Justice

Based on murder and incarceration rates there are not so many bad guys in Italy. But those who are bad can be very very bad.

Those with a vested interest in taking Italian prosecutors and police down a peg to affect trial outcomes can be bunched into seven groups. 

  • The three regional mafias;
  • A few defense lawyers and well-funded defendants;
  • Politicians shielding corruption;
  • In some instances the freemasons.
  • Those wanting investigations like MOF/Narducci to drop dead;
  • Muckraking magazines like Oggi;
  • Some anti-Italy foreigners.

None of them are simply pro-Amanda or pro-Raffele. All of them have hidden agendas, and all are under the constant eye of law enforcement.

Any of the above can join forces. Fighting institutions that make the public safe can make for strange bedfellows. Those attempting to trash justice can use any or all of three prongs in their attacks.

1) Assassinate the prosecutors and judges assigned to mafia cases. Over 100 in recent years have been assassinated.

2) Bend the laws in parliament. Bent laws excessively favoring defendants have greatly affected this case.

3) Flame the justice system and those who work for it. The pro-Knox pro-Sollecito campaign has definite mafia fingerprints.

Italian justice has adopted powerful if usually latent ways for law enforcers to push back and try to arrive at just outcomes.

If officers of the Italian courts are publicly accused of crimes in the media while a legal process is playing out, and the claims are malicious and untrue, this is not a civil matter (defamation, slander or libel).

It is a criminal matter (in the UK and US too) for which sentences can include long prison terms.

If the officers of the Italian court who are attacked are very senior and have an anti-mafia role they are REQUIRED BY LAW to request a criminal investigation by a chief prosecutor to take place.

They essentially have no further role themselves after that, except to provide true testimony in court.

A range of measures is then available to investigating chief prosecutors, up to and including invoking the powers of the Council of Magistrates and even the President of the Italian republic. 

2. Trashing Of Justice In Perugia Case

If we look closely - a lot closer than all the UK and US media look, and most of the Italian media - we can spot attempts to further the interests of all seven of these groups in the campaigns against justice for Meredith and especially against justice for the Monster of Florence victims.

  • The three mafias have their toe in the door in various ways including but not only the mafioso witness Luciano Aviello (on which more below), and the Narducci 22 including Spezi, and the editors of newspapers like Oggi who have long done their handiwork for them.

  • The defense forces and the well-funded, sneering, money-grubbing defendants Knox and Sollecito are very well-known to us here; their myriad dirty tricks go as far back as early 2008 and the list has not yet stopped growing.

  • The Berlusconi loyalist and fervid Knoxaholic Rocco Girlanda wrote to the President, asking that he order that the Perugia prosecutors be investigated; Girlanda also tried to cut the national police budget before he was voted out of office..

  • Both the judges in the annuled appeal were freemasons and our main poster Yummi described the furtive freemason fingers in the pie (some freemasons ally with mafias and feud strongly with catholics, which Perugia police and prosecutors are) in his well-researched posts here and here.

  • Those who wanted the MOF/Narducci investigations to drop dead used the ever-willing “useful idiot” Doug Preston to ridicule the investigations in a strident book and numerous media appearances; also they tried hard to take down Dr Mignini, their most recent nemesis though the Supreme Court has totally reversed that for reasons explained here.

  • The notorious editor of Oggi has a long history of sneering and essentially fact-free reporting, aimed at undermining the courts and the police; playing to his advantage, there is a smallish but terminally paranoid readership for such conspiracy myths in Italy.

  • And as for anti-Italy foreigners with their fingers in the pie, well, where to begin? Doug Preston? Michael Heavey? Nina Burleigh? Candace Dempsey? Greg Hampikian? Paul Ciolino? Judy Bachrach? David Anderson? Joel Simon?  Bruce Fischer, and his vast operation?

All seven groups were happily on a roll up to around the end of 2011, when Knox and Sollecito were released, and many (including Curt Knox’s PR guru David Marriott, Hampikian, and Fischer) prematurely declared that they had won total victory.

But it is astounding how much matters have reversed in the past year and a half. Take a look at the state of play for them as it is now.

3. Pushback In Meredith’s Case:

The Italian Supreme Court is nothing if not remorseless in its mandated pursuit of justice and the truth. We saw this the other day when a prison sentence was allowed to stand against the former Prime Minister Silvio Berlusconi who had long thumbed his nose at the courts.

We also saw it in the convictions allowed to stand against the many CIA operatives and their Italian counterparts who kidnapped Abu Omar and flew him for torture to Egypt.  Though most of their sentences were permitted to be reduced, most are still left with a felony record for life - and the lead CIA operative is now a world-wide fugitive.

We can now see this same strong reaction against contempt of the courts in the Meredith Kercher case and the Monster of Florence case and the hairbrained “defense” campaigns nominally run for the perps in those two parallel cases.

Italian officials have various reasons to believe not only that Raffaele Sollecito and Amanda Knox are surely guilty, just as Judge Massei described, but also that they and their American supporters are foolish pawns in some much bigger and even nastier games, and deeply in over their heads.

In its annullment of the Hellmann/Zanetti appeal and its instructions to the Florence Palace of Justice, Cassation reveals its own suspicion that some very unsavory elements may be attempting to take the Italian justice system down a peg and it wants fast decisive action to stop this. A high-stakes new trial described at bottom here is a first huge warning shot.

Knox has served three years, will be labeled a felon for life, faces an enormously tough new appeal against an excellent prosecutor, and has her name on a book which commits against Italian officials THE EXACT SAME CRIME she served three years for: false accusations of crimes. She is expected to be charged soon by Bergamo prosectors.

Sollecito in his own book committed some of the same crimes as Knox did in hers (did we mention criminal enterprise?!) plus another one (accusing the prosecution of wanting him to roll over on Amanda) which his own father has renounced on national TV. He is expected to be charged soon by Florence prosecutors.

Everybody involved in the writing and publishing of the two criminally defamatory and very self-serving blood-money books (illegal in Italy) could soon be about to take a fall, both in the Italian criminal courts and in the US civil courts. The foolish publishers and deal-makers included, of which Curt Knox himself is one.

If neither RS nor AK turn up for the new appeal in Florence later in September, they risk warrants being issued for their re-arrest. If they DO turn up they could well turn on one another, and their books will help the prosecution and hamper the defenses no-end - with those mad claims, how can they possibly take the witness stand?

Criminal defamation charges are still pending against Amanda Knox and against both of her two biological parents. Corruption charges are pending against Francesco Sollecito and Raffaele’s sister Vanessa for attempting to use political means to up-end the Perugia prosecutors.

Judge Hellmann has been eased out ignominiously, and Judge Zanetti demoted. Conceivably both may face charges, along with Conti & Vecchiotti and maybe Hampikian. And all the defense lawyers are in a ton of trouble for helping AK and RS to write their books, Giulia Bongiorno especially. The former MP Rocco Girlanda is of course long gone. 

Many of the Knox defense forces have exited or ended up as being of no consequence: Frank Sfarzo (now on the run from the law in the US and Italy); Halkidis and Hampikian (see the Machine’‘s posts below), the hapless two Moores, the proven phoney Bruce Fischer, and so on and on. 

And US officialdom, not least the State Department and the US Embassy in Rome, still show not the slightest interest in intervening. Any judge is expected to approve extradition of Knox if her refusal to face trial and prison is sustained in face of a final guilty verdict. 

4. Pushback In Monster of Florence Case

Yummi mentioned some pushback in the post linked to above, including the trouble rained down on the heads of the prosecutor and judge who put on trial Giuttari and Mignin, whose convictions were scathingly reversed by a very angry Supreme Court. 

The Narducci case was put back on track by the Supreme Court and a prison sentence seems a sure thing for Mario Spezi and up to 2 dozen others. A prison sentence might be incurred by the delusional weakling and serial defamer Doug Preston.

The “theory” of the MOF case Dr Mignini has good reason to hold is that the murders were not those of one single serial killer. This perception of a shadowy self-protecting group is absolutely mainstream in Italy, and is reflected in the excellent Guittari book on the case (Il Mostro) which could soon with good reason (it tells the truth) push the silly Preston MOF book off the US and UK bookshelves.

That theory is espoused by all the current prosecutors in Florence.

The one media outlet which never fails to take an anti-prosecution stance, Oggi, Is being investigated and could be put on trial for publishing Knox’s false charges against the Perugia and national police and prosecutors and may have problems hanging in there.

Dr Mignini looks set to be promoted to becoming the next attorney general of Umbria, the region of which Perugia is the capital. And the hold of the freemasons and the mafias over Italian justice is not getting any stronger, just as most Italians prefer.

5. Pushback In Related Cases

Former Sollecito witness Luciano Aviello could be the direct cause of a lot of people ending up in jail.

His trial for perjury and contempt of court is happening now in Florence. His trial has been fast-forwarded as a direct result of the Supreme Court declaring that getting to the bottom of his erratic day in court in 2011 with too-familiar mafia-type allegations must be a top priority.  His forthcoming defense is expected to be explosive.

We have posted extensively on Aviello since he first surfaced. A mafioso since his teens in Naples, now aged about 40, he has spent most of his adult years in prison. (He is back there again right now - for killing a dog and extortion.)

As police and prosecutors all know, Aviello has a very long record of making things up to try to give himself some breaks and to keep in with the mafia. He has been repeatedly convicted for perjury.

He was the witness summoned by a hapless Giulia Bongiorno to try to arrive at an explanation that fits with the prevailing conclusion of the Supreme Court that THREE people had attacked Meredith on the night.

What Aviello came up with on the stand was that his own missing brother and one other habitual criminal had unintentionally committed the murder. They were trying to steal some artworks, but they got the address of the house wrong.

Raffaele Sollecito was so thrilled at this (palpably false) testimony by Aviello that he says in his book that he sent Aviello an embroidered handkerchief, perhaps because Aviello has urges toward a sex change operation.

On the witness stand in mid 2011 Aviello really roasted the police and prosecution in mafia-type terms for failing to come down on his side and follow up on his allegations (actually they had already followed up, but found nothing).

Then two fellow inmates at his prison near Genoa testified for the prosecution that he had told them that the Sollecitos had offered or paid large bribes for any false testimony helpful to their boy getting sprung.

Extraordinarily, Judge Hellmann brushed all of this under the rug, and hurried on to other matters less embarrassing to the Sollecitos and Bongiorno.  This REALLY caught Cassation’s attention as there have been strong suspicions in Perugia and Rome that Hellmann and/or Zanetti were in the pocket of one of the families.

Why did the unqualified Judge Hellmann replace the excellent Judge Chiari, suddenly and inexplicably decided upon by Chief Judge Di Nunzio? Why are seemingly all of the lead players bending things to the Knox-Sollecito side freemasons?

Were Hellmann and Zanetti and Aviello and Aviello’s fellow inmates among those who received some sort of inducement to bend RS’s way? What was Giulia Bongiorno’s precise role in all this?

Directly, Aviello could be in a position to bring down both families, both defense teams, and both appeal judges. He could even make a guilty verdict for RS and AK a sure thing.

Criminal enterprise indeed. We will continue reporting. Oh and make sure to watch your back, Luciano.


Monday, April 01, 2013

Alarm Bells Ignored: Overconfident PR And Lawyers May Have Led To That Shock At Cassation Outcome

Posted by The TJMK Main Posters





Amanda Knox has seemed to us more stunned than confident since she got out of Capanne. Her father mentioned that she was not given the whole picture there.

But we have been surprised in recent weeks at how the defense lawyers and spokesmen and especially Raffaele Sollecito and Giulia Bongoirno and Carlo Dalla Vedova and the PR flunkies were seemingly seeing the Supreme Court appeal as a forgone conclusion in their favor, a blip requiring no change in the end game.

Here are 20 warning bells that we think they might have missed or heard wrongly which contributed to a shocked and ill-prepared reaction to the Cassation ruling, and each of which a team of hard-nosed lawyers not befuddled by PR might have heard and responded to quite differently. 

    1. The Italian media in 2007-2008 in fact did not blow the case and Knox herself out of all proportion. Most of the lurid headlines appeared in the UK press where they had zero effect on the 2009 jury. There really was a hard case to answer.

    2. The British and American media mostly came to be manipulated on the lines Barbie Nadeau’s book described, which meant a big contrast opened up between hard Italian reporting and fantastical UK and US reporting.

    3. The Knox and Sollecito teams shrugged off a short-form trial in October 2008 at which point they might have pleaded that Meredith’s murder was not intended and drugs and mental quirks had resulted in a terrible but unintended outcome, perhaps providing relief both for themselves and Meredith’s family. 

    4. The prosecution part of the trial in 2009 was in fact, contrary to frequent illusory claims, fast and comprehensive and decisive, and it may have been at the end of that phase that the jury was already ready to vote guilty. 

    5. The defense part of the trial was far less successful with Amanda Knox on the stand suggesting to Italians that she was cold-blooded and uncaring, and from then on the defenses were desultory and dispirited with no strong points ever landed. Several days one or other of them failed to show.

    6. The prosecution summation at end of trial was extremely powerful and included in it was a very convincing 15-minute crime-scene recreation video (never released to the public) which accounted for all the marks and stains in Meredith’s room and on her body by an attack group of three.

    7. The Massei report, again contrary to frequent illusory claims later, was considered by those familiar with such reports a model of good logic and reasonable assumptions. It laid out and connected hundreds of evidence points which in a normal appeal process would have been unassailable.

    8. The 2011 appeal did not happen because Massei was riddled with legal errors and wrong assumptions, which would have been the criteria for any British or American judge to agree to such an appeal. It happened solely because, unique to Italy, such appeals are automatic if demanded, resulting in a huge number of appeals on weak grounds. 

    9. Italy does not have a terrible record of trial reversals as some claim. It has a record of fine-tuning and adjustments of thousands of appeals by appeal juries seemingly wishing to prove that they are being diligent. Cassation is aware of this quirky systemic effect, and it often bounces back appeal outcomes to dead center. 

    10. It had appeared that the PR effort was joined by a lot of influential “heavies” including MP Girlanda, Judge Heavey, Senator Cantwell, Joel Simon of CPJ, and the billionaire Donald Trump. Most had limited positive effect in the US and less in Italy, and have been quiet since the Cassation ruling.

    11. Judge Hellmann was a surprise replacement for Judge Chiari, then the able and experienced head of the criminal division. (He resigned over this.) Judge Hellmann, a good civil judge, had very limited criminal-case experience. Chief Judge De Nunzio has not explained why he replaced Chiari .

    12. The scope of appeals is carefully laid out in the Italian judicial code, and they are not to be repeat trials with overall reconsideration of all evidence and al witnesses only absent the careful presentation process and cross-examination at trial. In the US or UK the defense grounds for appeal might simply have been rejected. 

    13. Prosecutor Mignini was provisionally convicted in March 2011 of abuse of office, but careful examination would have revealed that the grounds were spurious and he had no need of a conviction in this case. Cassation in the past month has killed his own case terminally and chastized those who brought it. 

    14. Incriminating DNA was found in Meredith’s room and also outside it in many locations, and also on a knife in Sollecito’s apartment. DNA consultants were “illegally” appointed who muddied the waters but decisively disproved none of it. 

    15. The Supreme Court is on record as deciding that three perpetrators attacked Meredith. The defenses never set out to prove Guede was a lone wolf attacker, for a long list of reasons, and they failed to prove that jailhouse witnesses Alessi and Aviello had pointed out credible alternatives.

    16. The Hellmann-Zanetti report surprised a majority of Italian lawyers who read it for its passion and broad scope and tendentious logic, and for misunderstanding certain key legal concepts. Some instantly saw it as having feet of clay, and a pretty sure candidate for reversal.

    17. The significance of Chief Prosecutor Dr Galati in the process seemed seriously discounted.  UK and US media mostly ignored his appointment and where he came from, which was in fact Cassation in Rome where he was a highly effective Deputy Chief Prosecutor.

    18. The Galati appeal itself was extremely competent and hard line and targeted the Hellmann appeal outcome in several levels or layers in a total of ten points. It is one of the toughest and most sweeping appeals ever filed in Italy, and in the US or UK alarm bells really would have gone off at this one. 

    19.  Sollecito’s book was seemingly okayed by his lawyers, although it causes them major complications in three respects: it introduces new “facts” which contradict his own defense; it derides Italian officials and accuses them of crimes; and it looks like a seedy attempt to make money out of a crime for which the writer is still on trial.

    20. While Sollecito had been acting happily oblivious and super-confident in recent months, he has added to Amanda Knox’s own problems by semi selling her out in his book, and by waking the new 800 pound gorilla of contempt of court prosecutions for not respecting the judicial process.

It may not surprise you to learn that Giulia Bongiorno has not had a very winning record at Cassation, and as far as we know the other lawyers have no experience of winning there at all.


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.


Saturday, December 29, 2012

Frank Sforza Serial Defamer of Italian Justice Must Face Hard Truths Of American Justice

Posted by Kermit





This has not been a good year at all for the increasingly beleaguered Knox and Sollecito campaigns.

As interest in Amanda Knox and her case dwindles precipitately in the United States, her image handlers seem to realize that a major final push effort must be made for their final challenge to be successful: a profitable sales kickoff for Knox’s “tell-it-all” book now promised for April 2013.

At this point, the tough prosecution appeal in the case against Knox and Raffaele Sollecito for the murder of Meredith Kercher seemingly hardly interests the PR campaign, apart from any market “churn” that it can help to develop for the book..

Raffaele’s own US book promotion tour three months ago was little short of a complete disaster. On the one hand, his heated text has provided massive new defamatory material against innocent persons, and on the other he has introduced new affirmations that totally contradict his defence team’s posture throughout the murder trials.

Now, the Perugian Blogger known variously as “Frank Sfarzo”, “Francesco Sforza” and “Francesco Sforca” (real name Sforza) has been arrested and has spent time confined in Hawaii and Seattle jails, in addition to being questioned by the Royal Canadian Mounted Police in Canada. In Seattle he may face more time.

These arrests and questionings are in addition to his arrest and charging in Perugia for attacking police officers coming to investigate a complaint for alleged domestic violence phoned-in by a female member of his own family. That trial is now pending.



[“Frank Sfarzo” with his fellow serial belittlers of Italian justice, Bruce Fischer and Steve Moore]


Frank’s Canadian Caper and his Hawaiian Punch adventure were of thematic note. In one case, it was an elderly Canadian gentlemen who was acting as Frank’s host who made the phone call in the wee hours to the Royal Canadian Mounted Police, because he feared that the often scantily clad and more-and-more argumentative “Frank” was a real physical threat to him. In the other case, a woman had Hawaiian police alerted and had claimed that she was pushed around by “Frank” in the hotel where she had put him.

What is really surprising is that in both cases the victims of alleged aggressions were fervent supporters of Amanda Knox! And in both cases, the victims had given “Frank” substantial monetary gifts: $5,000 by the Canadian man, and air tickets to Hawaii by the American woman.

In both cases, the victims were followers of the absurdly named “Injustice in Perugia” blog run by the beleaguered pro-Knox Chicago-suburbs blogger Bruce Fisher/Fischer. Fischer is actually a mall store assistant and wannabe sleuth who like “Frank” makes use of more than one name in grandly presenting a faux front to the world.

Back when he claimed online to be the upscale “Bruce Fisher of New York”, Bruce carried out many nasty and in-effect anonymous attacks on individuals, mostly women, who did not share his point of view. The “Fischer of Chicago”, now exposed, continues more cautiously in public, but in his little private forum he continues to rant against anyone who doesn’t share his untethered take on Amanda Knox’s total innocence and a vast Italy-wide conspiracy. This authentic Fischer has a fairly unexotic lobbying base and Internet connection for promoting his pro-Knox cause: the suburban-mall fur-shop where he works.

Fisher/Fischer is now maintaining that the plea on his blog for the “Frank Sfarzo Fund Drive” is to help the Perugia Shock blog and not “Frank” the blogger who runs it ““ however, that’s not what the Fund Drive description says:



[Above: Amanda Knox advocate Bruce Fisher/Fischer has been a key enforcer of donations to the Perugian Blogger]


As is often the case of persons who suffer domestic physical and psychological abuse at the hands and mouth of someone they implicitly respected, it must have taken a major act of self-questioning and doubt before the Hawaiian and Canadian victims were able to make themselves step forward and decry the abuse they allegedly suffered and were humiliated by.

Both of those cases were talked about a lot on several web discussion boards. Not surprisingly, Fisher/Fischer, who has invested heavily in the particular versions of the crimes against Meredith that he promotes to “save” Knox (and, as a necessary side-effect, Raffaele Sollecito) could only try and explain/justify the Perugian Blogger’s behavior, while at the same time directly accusing the two real victims of provoking the Blogger’s “quirky” personality. Fisher/Fischer’s take on Knox and his related income stream would otherwise be at stake.

Perhaps Fischer should be more worried about the potential liability for wrong claims he makes about third parties in this case, especially those in Rome and Perugia, and about the potential for the Perugian Blogger to cause further cases and more victims of domestic violence, given the blogger’s alleged record.





In spite of the statement of “Probable Cause” by the arresting police officer in Hawaii (see image above), in the end, under a great deal of heat, charges were not pressed by the victims against “Frank” in Canada or in Hawaii.

However, what Fisher/Fischer and other pro-Knox PR assets did not reveal in what I consider to be their hypocritical justification of “Frank’s” known violence in his North American travels is that he actually had one further legal case, still going forward in Seattle at this date.

It started to receive public scrutiny only when it was unearthed by Internet commenters on the pro-victim side.

Following his problems in Canada and Hawaii, on November 27 “Frank” was arrested yet again, in Seattle, after allegedly having a physically violent encounter with the persons with whom he had arranged a room when he returned to Washington State after his disastrous emergency exit from Hawaii. He spent over 24 hours in a Seattle jail before being bailed out thanks to donated funds.

The Seattle police report concerning this most recent incident and the arrest of “Frank” states thus:

“(VI ““ Victim1) said that he was sitting on the couch talking to the District Attorney’s Office when S/Sforza became agitated and slapped the phone out of his hand. S/Sforza then jumped on top of him and punched him in the face approximately four times. V I was able to push S/Sforza off of him and stand up but S/Sforza pushed him back on the couch causing pain to his right shoulder. S/Sforza then jumped on top of V II (Victim 2) and began slapping in the face and scratched him on the temple. While V II struggled to get away he scraped his left knuckle but was able to get to his room. While in his room he grabbed his phone to call 9-1-1. As he was walking out of his room S/Sforza tried to push him back in the room and grabbed him by the throat using both of his hands. S/Sforza then left the house and 9-1-1 was called. V II had a visible red scrape to his right temple, a visible scrape to his left knuckle and redness around his neck. Both victims declined medical attention at the scene.

[ed note. Sforza called 911, informing police that he would meet them] ... at 36th Ave W and W Mcgraw where he said he would be waiting. S/Sforza said that both V I and V II had been giving him a hard time since he returned from his trip. He said they told him that he wasn’t able to leave his room. He stated that V II had tried to force him to leave the house and choked him. S/Sforza did not have any visible signs of assault and did not have any redness around his neck. S/Sforza said the police were called to the house yesterday for a disturbance. A report was written on that incident (12-403658).

S/Sforza was placed under arrest and transported to the West Precinct… Persons took pictures of the injuries to V II and sent them for processing to the SPD Photo Lab via the Digital Evidence Management System (DEMS). 2 Domestic violence Supplemental forms were completed by Officer… S/Sforza has a passport from Italy and requested Consular notification.”

“Frank” has hinted in online conversations that he may be coming to Seattle for the purpose of celebrating New Year’s Eve. He has even gently jibed Amanda’s co-murder suspect (pending final appeal) Raffaele Sollecito for not being sure if it’s worth it to go to Seattle for just a few days at year’s end:





However, if The Perugian Blogger, a man of at least three aliases and now a number of arrests relating to domestic violence, is going to be in Seattle on December 31, it will actually be because he has a court hearing on New Year’s Eve for two counts of Assault 4 ““ Domestic Violence. 

This time, it seems that the alleged victims won’t hold back or be humiliated into letting the crime go unchallenged and have the charges withdrawn.

“Frank” has been a central figure to the pro-Knox forces ever since a few months after the murder of Meredith he decided instead to advocate for Knox in conjunction with other elements of the Knox PR campaign. This was a shocking and sudden 180 degree U-turn for someone who had up until then been strongly pro-Meredith and favorable to the prosecutor. Mr Mignini, on the case.

What incentive did he have to make such a rapid, stunning, radical change? Leaving many former followers behind?

I don’t know, but do note that nobody can account for how he paid his bills these past 4 years since he claims that no Italian media buys his articles. With “Frank” seemingly living off of the kindness of others and/or the PR campaign, and seemingly not having a particular long-term address of his own… Does the term “drifter” come to mind?

In time, the integration of “Frank’s” Perugia Shock blog with the Knox PR campaign was openly evidenced ““ before its current aesthetic makeover after it briefly was forced down ““ by the incorporation of key Knox lobbyist Jim Lovering into the blog credits thus:



[Above: Will “Frank’s” campaigner colleague and local resident Jim Lovering appear in court next Monday to support him?]


The Perugian Blogger has been useful to the pro-Knox campaign. In spite of American thriller novelist Douglas Preston’s strange affirmations that Italy has been coming over to Amanda’s side in her legal battle, the truth is that few non-American and specifically no Italian faces have come out strongly in favour of Knox, except for her own lawyers of course.

“Frank” quickly became a local enabler for the Knox-Mellas clan in Perugia, helping out with the most mundane activities, from revealing secret insider “knowledge” or “facts” on his blog, to babysitting the younger Knox-Mellas girls, or involving the girls in paid-for photo shoots.

In return, he was often referred to in pro-Knox circles as a “journalist”. This faux title was certainly a step up from “Frank’s” prior life of maintaining a website dedicated to selling truffles or capitalizing on the Italian version of Who Wants to be a Millionaire.



[Image above: “Frank” before Meredith’s murder: a mundane life of waiting for his 10 minutes of fame]

.
Following Meredith’s murder, and with the Knox-Mellas clan desperately in need of a facilitator for their everyday logistics in Perugia, “Frank” became their handyman and, in time, almost part of the Knox-Mellas clan.



[Image: Perugian Blogger “Frank” and Chris Mellas, Amanda Knox’s stepfather.]


“Frank”, however, was not merely a passive enabler. He asserted himself, and he pushed his envelope of fame and ownership of knowledge, even though he was mostly a receiver of the tidbits of information the Knox-Mellas clan would throw him when convenient.

His particular claim to “ownership” of information given to him got to the ridiculous point of claiming copyright to court documents that he received and posted on his blog. Court officials might find that pretty cheeky!





The official image of the knife later resurfaced in a great video by ViaDellaPergola here.

It seems that befriending “Frank” became the “in” thing to do, for a brief moment anyway, with many FOA-types and Knox Entourage hangers-on. He must have seemed quite exotic, and also, surprisingly, on their side. After all, the rest of Italy was clearly not.

Bruce Fisher/Fischer the blogger and Knox lobbyist has increasingly isolated himself in supporting “Frank”, and has been working around the clock to justify “Frank’s” string of domestic violence arrests and police questionings, after having published and vouched for “Frank’s” need for financial assistance.

Will Fisher/Fischer and Steve Moore continue to befriend and support “Frank” the blogger? Moore once stated that he would trust Amanda Knox as a roommate to his own daughter. Would he trust “Frank” to spend time alone overnight with his own daughter, now that Moore is aware of Frank’s arrest record for domestic violence? Does he approve of “Frank’s” way of living “¦ is it simply “”˜Frank’ being “˜Frank’”, or something that a father might be worried about?

Another of “Frank’s” close confidantes in the US has been Candace Dempsey, a person with a personal food blog on the Seattle Post Intelligencer website who hastily erased most of her culinary blogging past in order to get on with her new found life as a pro-Knox writer.



[Food blogger Candace Dempsey has attempted to recycle her professional focus in parallel with “Frank”]


Dempsey continues to dedicate herself ““ for the moment at least ““ to writing about Amanda Knox’s involvement in the Meredith Kercher murder case from a pro-Knox point of view.  Will Candace be at Frank’s hearing in the Municipal Court of Seattle on December 31? It would be a fine way of supporting someone she has shared so much fellowship with.

Followers of Meredith’s murder case all remember how Dempsey’s man-in-Perugia “Frank” stalwartly supported her affirmation that it would have been impossible for Amanda and Raffaele to stake out any movements of persons entering or leaving the cottage following Meredith’s murder, due to the entrance to the cottage grounds supposedly not being visible from the Piazza Grimana “¦ in spite of every eye-witness observation and evidenciary photo to the contrary.

Another pro-Knox asset who has been supportive of “Frank” in many ways is Seattle’s King County Judge Michael Heavey. Heavey once received a stern official reprimand for sending, on State of Washington stationary, private accusations of judicial negligence to Italian authorities, where he accused Prosecutor Mignini of grave mismanagement of the Meredith Kercher murder investigation, without providing any evidence to support his wild and defamatory claims. Heavey continues his pro-Knox support in a vocal manner, with appearances at university forums that are prepackaged to support Knox, or speaking at local Rotary Club meetings (luckily we saved the video).



[“Frank” the Perugian Blogger and host Judge Michael Heavey pose together.]


Will Judge Heavey be present at “Frank’s” hearing for charges of domestic violence on December 31? Will he use his good offices to help Frank bear the state of Washington’s justice in the lightest manner possible?

Anti-Mignini novelist Douglas Preston, a patron funder of the Committee to Protect Journalists (CPJ), appeared (how coincidental) in a strange CPJ open letter to the world by Joel Simon to Italian authorities, complaining that a mysterious police squad that supposedly reports to Prosecutor Giuliano Mignini had beaten up “Frank” and had him arrested on trumped up charges.



]Novelist Douglas Preston ““ now a self-described “point-of-view journalist”]


Preston was a central source in a Committee to Protect Journalists (CPJ) open letter which transformed the domestic violence complaint of a female member of the Perugian Blogger’s family into a case of harassment by Prosecutor Giuliano Mignini. It’s hard to make up crazier tales, yet the CPJ stands by the unsubstantiated claims fed to it.  In most jurisdictions that’s called defamation.

Now is a good time for the CPJ’s Executive Director Joel Simon to show his face and admit his embarrassing error by recognizing that “Frank’s” arrest for violence against police officers in Perugia while resisting arrest was under the responsibility of Prosecutor Paolo Abbritti and his team.

Mr Mignini who “Frank” and Preston and Simoin smeared globally had no role at all and may well have not even have known about it. “Frank’s” domestic and anti-authority violence in Italy is consistent with his domestic violence related arrests in North America.

No one, not even CPJ’s Joel Simon could ever have seriously considered that the provincial civil servant Mr Mignini has a private goon squad of rogue policemen who report to him and beat up persons on his request.

By recognizing his error, Joel Simon would be making a positive gesture to classic journalistic standards (not gonzo point-of-view journalism standards) of correcting errors, and he would also be doing a great service to victims of domestic violence around the world. Joel, I ask you please to finally do what is right, and not what a financial benefactor of your organization wants you to do.





It is also important to hear what Preston’s response if any is to “Frank’s” current legal woes in the US. So far, no word from him. Will Preston continue to see the long arm of Mignini in all these arrests? Or will he distance himself from a person Preston considers a fellow “point-of-view journalist” in the Meredith Kercher case?

Preston recently contacted this writer, saying he was writing an Afterword to a book by Mario Spezi about what he calls the “Amanda Knox case”. He said this chapter would be dedicated to the key online players on both sides of the case. (Preston was first invited, see here and here and here, to correct some of his previous error-laden work.)

There is probably no other online personality more prominently associated with the Amanda Knox PR campaign than the blogger who goes by the nickname of “Frank Sfarzo”.

If Preston can’t make it to Seattle to support “Frank”, I guess we will have to wait for his new Afterword in Spezi’s book or his magazine article to catch his angle on “Frank’s” travails with the law, or at least what he thinks about “Frank” after they appeared together in the CPJ open letter - after which, Preston wrote some vigorous followup emails about the CPJ’s open letter concerning “Frank”.

If it had not been for Preston the fictionalist and “Frank” the recycled truffle blogger, there would have been no inaccurate and highly unfair demonizing of Prosecutor Mignini, and that would have taken the air out of Bruce Fisher/Fischer’s own very nasty campaign.

In addition, the pro-Knox books written by would-be opinion benders Nina Burleigh and Candace Dempsey would have been very different or impossible to develop as they are.

It goes on and on. The list of pro-Knox PR assets who have used “Frank” in their own particular contributions to Amanda’s cause is extensive.  Will any of them be in Seattle Municpal Court [image below] with the Perugian Blogger this Monday at 10:00 am?





A pro-Knox commenter who goes by the penname of “KayPea” is trying to rally the pro-Knox troops who are now starting to back off in a very natural manner from “Frank” and the string of domestic violence incidents that “Frank” seems to have been involved in. On the “IIP” blog, she exhorts them to remain in the fold. If we believe her, she is speaking for herself - and remarkably, also the Knox and Mellas families:

“several of you good people [she’s referring to pro-Knox readers] seem to be trying to make up your mind about Frank’s credibility as the author of Perugia Shock as it is juxtaposed on his personal life and this crazy mess with Bettina, Peter and the nutters at the boarding house [ed note: these are respectively the pro-Knox Hawaiian, Canadian, and Seattlietes who are now non-grata “¦ it seems that if you want to make sure that you are allowed to be a groupie, don’t let yourself to get into a situation where “Frank” the Perugian Blogger can abuse you].

Please know that the people who know him the best, Amanda’s family and friends, have been at his side throughout the past few months. COME. WHAT. MAY. They, and I, accept all of Frank’s personality quirks ...” (IIP, 27/12/2012)

However, the owner of the blog, Bruce Fisher/Fischer, seems to be trying frantically to isolate the impact of “Frank’s” “personality quirks” on the IIP emporium. Fischer has stated thus:

“lets lay this out in simple terms. Amanda and Raffaele are free. Nothing that happens in Frank’s life at this point has anything at all to do with anything that took place in the past with regard to the case. Nothing happening in Frank’s life has anything at all to do with Meredith Kercher.”

(Bruce Fisher/Fischer ““ IIP blog ““ 27/12/2012)

It’s as if Fischer in his surreal bubble is claiming that “Frank” never really ever existed. Never fought tooth-and-nail for years to deny Meredith and her family their justice.

If I were “Frank”, I would be thinking that maybe not very many of my once long list of FOA friends will be showing support during the New Year’s Eve court appearance.

Will they be joining him for drinks later after the court hearing is done? Or maybe further contact would put them at risk of being pushed into being the next “Bettina” or “Peter” in Canada, more victims of domestic violence.

Does anyone reading believe any longer the wild, uninvestigated claim of Douglas Preston’s friends at the CPJ? That the Italian Prosecutor Giuliano Mignini was behind the complaint placed by female members of “Frank’s” family in Italy? Which eventually led to his arrest there after attacking police officers?

Or is that simply another falsehood from the pro-Knox PR myth factory?

Domestic violence is a terrible, terrible issue in our society. We should never try to explain it away, or blame the victim or any third parties who had nothing to do with the violence.  To do so only degrades the victim, and distances yet further the perpetrator from correcting his criminal behavior.

Let’s hope that if someone shows up at the Perugian Blogger’s court hearing this Monday December 31, even if all of his erstwhile FOA friends have disappeared, that victims of domestic violence are there with true supporters, demonstrating that they have no fear of decrying this degrading, despicable criminal behavior.





Final question. Will the Knox-Mellas families really continue to support Frank? Will they let him stay at their homes? Would Amanda let him sleep at her apartment or even visit without her boyfriend or anyone else present?

In fact will any of the Knox-Mellas clan members be at “Frank’s” court hearing at the Seattle Municipal Court at 10:00 am this Monday December 31?  In particular, will Amanda be there? Or does Frank, as is rumored, have her freaked?








Wednesday, November 14, 2012

Amazingly, Wrong Facts And Defamations Of Italian Officialdom Show NO Sign Of Being Reigned In

Posted by devorah





It is very hard in the Perugia case for us to figure out who is driving the defense and PR bus.

The assumption made in standard cases is that the defendants are the clients, as it is their necks on the line, while the lawyers and any PR effort work at their command. In effect RS and AK would exercise all control, and courts would hold them responsible for what they did or should have controlled. 

In unusual contrast, here we have a situation where it seems like a bunch of clowns is driving the bus.

The hard facts of the forthcoming Supreme Court appeal and the legal strength of the prosecution team seem to be absolutely damning, while the two defendants and/or their surrogates are out there in high profile playing a childish “catch me if you can” game.

Read first TJMK’s recent posts (scroll down) on how formidable the Supreme Court appeal really is, and especially this one and this one.

Then read TJMK’s recent posts (scroll down) on Sollecito and the frenetic promotion of his bizarre book. And TJMK’s dissection (not yet complete) of its several hundred faults and 20-plus serious defamations.

Then Google the recent confused and nasty utterings on Knox’s and Sollecito’s behalf (very unwisely tacitly endorsed or unconstrained by either AK or RS) by Saul Kassin, Seth Chandler, Michael Heavey, Doug Preston, Michele Moore, David Anderson, Nigel Scott, and on and on.

Fortunately the media websites allowing anonymous drive-by hatchet jobs under their reporting seems to have dwindled sharply, and are now more or less confined to the hapless low-traffic Ground Report and occasionally the Huffington Post.

Perhaps in consequence, the nasty wildly inaccurate drive-by hatchet jobs in the book reviews on the Amazon website and their reader comments continue to mount up more than ever.

I want to use as an example of this trend the furious comments below this one-star book review of Raffaele Sollecito’s book on Amazon.

The many passages I have put in bold highlight the claims that we here and officialdom in Perugia have long KNOWN to be inaccurate and often defamatory.

This series of comments displays perfectly the nasty and bullying strategy, circular arguments, and wrong facts that the anonymous supporters of Amanda Knox and Raffaele Sollecito still deploy, to ensure that their PR points get across and drown out alternative viewpoints.

The strategy of the Solllecito-Knox hit team here at work seems to be as follows:

    1. Numerous people register anonymously and review ONLY Sollecito’s book or ONLY books about the Meredith Kercher case. These people have no other online presence on Amazon and are obviously deeply immersed in the case as they review books only about it (a more sinister explanation is that these are mostly fake reviewers posting shill reviews under different aliases).

    2. They post numerous positive reviews about the slanted pro-defense books.

    3. They post numerous negative reviews about the objective pro-prosecution books. For example, John Kercher’s book about his murdered daughter has numerous 1- and 2-star reviews. They were written by individuals who reviewed ONLY books on this case and who gave 5-star reviews to pro-defense books.

    4. They respond to opposing viewpoints with hostile and intimidating taunts, threats, ridicule and name calling (in the Amazon thread I linked to above, you can see that those who deviate from the story that Knox and Sollecito are innocent and post alternative viewpoints have actually been called lunatics, idiots and perverts).

    5. They repeat known lies and mistruths as though they are facts, using the Knox team’s PR talking points. For example, “there is ZERO evidence in this case” and “there was absolutely NO DNA evidence linking Knox or Sollecito to the crime.”

    6. When someone responds with facts to the contrary and links to the evidence, they are bullied, called names, or derisively dismissed.

    7. Eventually, when trying to win the argument by logic alone fails, they may finally report their opposers to Amazon so that un unknowing Amazon blocks them from making further comments in the book reviews.

Is this working? I think not. Especlally in Italy but also in the US and UK, there is a growing pool out there that is no longer fooled.

On media sites below stories, the level of skepticism is generally very high these days. After all, the truth “got” to Katie Couric and the guests on Jane Velez Mitchell’s show, so Sollecito’s book at least got poor promotion.

Legal commenters and professional reporters like Wendy Murphy, Nancy Grace, Barbie Nadeau and John Follain have all hinted or outright stated that Knox and Sollecito just might have blood on their hands.

Could that be why the campaign has turned to Amazon.com book reviews penned only by people with brand new screen names?

Knox and Sollecito’s supporters must be worried about the extremely strong appeal case the prosecution is moving forward with. Currently, the defense has NO lawyers publicly saying they were framed and NO good experts going public any more.

While their hotheaded surrogates are still out there (see above!) Knox is out of sight and Sollecito probably is too now. Also the Sollecito book is proving a considerable millstone around their own necks as it is so riddled with wrong facts and obvious calunnia.

Two of Sollecito’s key claims have already been denounced on Italian national TV by Sollecito’s own father and his lawyers. Objectively it looks like they are in a heap of trouble.

Please read the review linked to above to see some of Knox and Sollecito’s most strident supporters in action. Want to fight back? Respond back if you wish, write your own book reviews, and direct people to TJMK and PMF, and to the Massei Report and other factual sources of information. Tweeting would be especially helpful.

And do make sure that people remember that Meredith Kercher was the real victim in this case.


Tuesday, October 23, 2012

How Doug Preston’s Wrong Claims In His MOF Afterword Were Often Contradicted In The Past

Posted by The TJMK Main Posters



[Above: Said to be Doug Preston’s nice workshop in coastal Maine where he apparently makes his stuff up]


This is our own “afterword” to Kermit’s Powerpoint post below on Preston’s Afterword in which Kermit quoted original sources to back up all his claims.

Our profuse quoting of original sources, including many translated ONLY by PMF and TJMK from the original Italian, is what gives PMF and this site such strength as points of reference used regularly by media on both sides of the Atlantic.

Preston doesn’t really seem to be able to provide references for his own work.

In his deeply anti-Italy MOF book, he offers no bibliography, no footnotes, no overview of key documents, few sourced quotes, and interview quotes that often seem stretched and maybe flat-out wrong (as with the one with Madame Bene in the Afterword, about the claimed non-investigation of the screaming drug addict in the square). 

In a rather self-congratulatory comment Preston posted on the CPJ website 18 months ago, he claimed this.

Before publication [The Monster of Florence] was minutely vetted by no less than five attorneys in two languages in Italy, the U.K., and the United States. Since publication, it has been read by millions of people in many European languages. In all that time, and with all the millions who have read the book, not one significant error of fact came to light. Mario Spezi and I stand by every single assertion of fact in that book today just as strongly as we did when it was first published three years ago.

Really? Well, without sources to check, what exactly did all those lawyers do?  The Afterword claims were published only in English, so that very few Italians who do know Italy and the case ever got a chance to provide alternative points of view - a few did, though, and there are several sarcastic Italian reviews on Amazon. In Italy, the more credible Guittari version outsells it 10-to-1. 

Preston’s lurid and under-researched claims then of course went viral.

You can see his claims about Rudy Guede and the “14 hours” interrogation and the meanie Mignini and junk Italian reporting and the incompetent Italian justice system and anti-Italianism generally disseminated all over the web. Read things by Candace Dempsey and Nina Burleigh and Michael Heavey and Saul Kassin and Bruce Fischer and Nigel Scott and Joel Simon and you will see the Preston claims parroted there.

Even in Raffaele Sollecito’s book we are turning up some of the claims!

And yet literally dozens of correct statements of fact that contradict Preston’s MOF Afterword have been posted on PMF and TJMK and other sites and in various books over the past four years. These are just a few on the 14-page Afterword posted on this site alone.

1) Contradicting Preston’s claims about the incompetence of the Italian System.

    Click “They Were Held For A Year Without Even Being Charged!!”

    Click Why The Italian Judiciary’s Probably Less Prone to Pressure Than Any Other In The World.

    Click Why The Prosecutors In Italy Are Relatively Popular.

    Click The Chief Enforcer Of The Constitution And The Rule Of Law is Wildly Popular Throughout Italy.

    Click Italian Campaigner For Victims And Their Families Says The System Is Denying Them Justice.

    Click A Token Balance In The Italian System: The Voice In The Court For The Victim

    Click Compared To Italy, Say, Precisely How Wicked Is The United States?

    Click Why The Totality of Evidence Suggests Knox And Sollecito Are Guilty Just As Charged.

    Click An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation


2) Contradicting Preston’s claims about the Knox “14 hours” interrogation

    Click Our Take On The Case For The Prosecution: #3 Raffele Sollecito’s Multiple Conflicting Alibis.

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

    Click This Testimony Does Not Seem To Have Gained Much Traction Here In Italy.

    Click Italy Shrugs: Why The Defendant’s Testimony Seems To Have Been A Real Flop.

    Click Dr Galati: Note An Example Of How Curt Knox’s Campaign Is Misleading American Experts And Audiences.

    Click Dr Galati: Attacks On Prosecution By Curt Knox’s Hatchet Men Becoming Shriller, More Fictional #1


3) Contradicting Preston’s claims about Rudy Guede and his central role in the events

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

    Click A Visual Guide To The Staged Break-In Via Filomena’s Window.

    Click Powerpoints #6: Trace Evidence Seems To Confirm More Than One Perpetrator At Scene.

    Click Powerpoints #7: Forced Entry Via Filomena’s Window Fails The Giggle Test.

    Click Powerpoints #10: Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right.

    Click Powerpoints #12: The Telling Case Of The Doctored Footprint

    Click The New 80,000 Pound Gorilla In The Room Introduced By The Italian Supreme Court of Cassation.


4) Contradicting Preston’s claims about the large knife and DNA in the house

    Click Understanding Why The DNA Is On The Knife.

    Click What We Believe Are The Hard Facts On The Double DNA Knife.

    Click Setting Out What We Know About The Mixed Blood Evidence Samples From The Massei Report.

    Click Conti-Vecchiotti DNA Review Is Weak, Tendentious, Cites Non-Existent Standards

    Click An Overview From Italy Of The Galati-Costagliola Appeal To The Supreme Court Of Cassation


5) Contradicting Preston’s claims about an evil Mignini and satanic illusions

    Click BBC Interview: Mignini Comes Across As Fair, Decent, Funny, And Quite Sane.

    Click Prosecutor Mignini Offers Some Helpful Advice To A Factually Challenged Reporter

    Click New Mignini Interview Makes Doug Preston Look Increasingly Incompetent And Vindictive.

    Click What His Florence Conviction Means For Giuliano Mignini And The Case.

    Click That Widely Watched LA7 TV Interview With Giuliano Mignini

    Click Open Letter To CNN Head Ken Jautz: Reports As Terrible As Drew Griffin’s….

    Click Full CNN Interview With Mignini That CNN SHOULD Have Reflected

    Click Mignini’s And Giuttari’s Florence Convictions Are Overturned As Florence Court Had No Jurisdiction.

    Click Dr Galati: Please Check Out What Looks Like A Mischievous Defense-Inspired Global Hoax.

    Click A Ten Part Series Showing How Mignini Was Misrepresented By Preston, Sforza and CPJ.

    Click Powerpoints #13: We Now Examine The Compelling Evidence For The REAL Railroading From Hell

Monday, September 24, 2012

Strong Trend: Increasingly The Good Lawyers Are On One Planet And The PR Shills Are On Another

Posted by Peter Quennell



[Prominent lawyer Wendy Murphy reflects many in saying the evidence is very strong] 


In the post below Jane Velez Mitchell of CNN can be watched staking her legal reputation on Sollecito.

This may surprise you. Jane Velez Mitchell is not herself a lawyer. In fact, she has only a possible journalism degree awarded by New York University.

She claims she was hooked after she “read his book until 2:30” and encountered him in some elevator - we have been puzzling over which elevator and when, for if it was an elevator in the Time Warner building in New York why was he not right there in the studio?

Of the three lawyers she had on the show, the two who did know the case (Wendy Murphy and the crime blogger Levi Page) came down very decisively against Sollecito. The third (Joey Jackson) knew nothing about the case, though even he thought the book was terribly timed.

In effect, Jane Velez Mitchell was carrying on like another PR shill. She really wasn’t any less amateurishly invested than Saul Kassin. Another non-lawyer - Saul Kassin is actually a psychologist.

Where ARE the lawyers for Knox-Sollecito?

All of them seem to have gone awol. Our main poster James Raper, himself a lawyer, sent out this invitation to speak up. In the five months since he posted that, not ONE lawyer has come forward.

Well, except for one strange burble from Anne Bremner, about RS and AK watching Amelie and that being their alibi - though the watching of Amelie took place three to four hours earlier. Even RS and AK didnt claim that.

Knox family legal advisor Ted Simon sounds rattled every time he talks, which he hasnt done since late in 2011. And poor lost Michael Heavey still can’t get to grips with the facts.

In contrast, we now have two of the foremost legal talking heads in the US - Wendy Murphy (a former prosecutor) and Nancy Grace (a former prosecutor) - saying the evidence is overwhelming.

In Italy the Sollecito lawyer Giulia Borngiorno, in face of the Galati appeal and possible legal trouble of her own over Aviello and judge-shopping, has become seriously silent. And Sollecito lawyer Luca Maori just had to distance himself from Sollecito, in conceding that Sollecito in his book had been lying.

Where are the PR shills for Knox-Sollecito?

Though they seem to have shadow-written much of the Sollecito book ostensibly shadow written by the real shadow writer, Andrew Gumbel, Curt Knox’s hatchet men have become so nasty and so distanced from the real facts that they now repel classy media company.

To her great credit, a week ago Katie Couric was repelled - and she showed it. 

However there are still a few out there shilling for Knox and Sollecito. We would include in the active shill group Andrew Gumbel, Sollecito book agent Sharlene Martin, and maybe the publisher’s own promoters (if any).

Also Jane Velez Mitchel of course now. Saul Kassin (a flagship shill who may have gone silent). And the shrillest of all the shills, David Anderson, Bruce Fischer, Frank Sforza, Nina Burleigh, and Candace Dempsey.

They all seem to have big chips on their shoulders, and of course financial stakes. Maybe that is what it takes to be a shill here? Sort of the opposite of a degree in law?


[Below Two Sollecito shills: ghost writer Andrew Gumbel and literary agent Sharlene Martin]


Thursday, August 09, 2012

How America’s Premier Justice College Misrepresents Italian Justice - To Global Audience

Posted by brmull




Conflicts between Kassin’s academic and court personas

Saul Kassin is a psychologist with the John Jay College of Criminal Justice in New York. He tries to advance the notion academically and in court that many confessions are coerced by the police and thus false.

In writing about American cases of confessions, Kassin would normally be very sure to interview all the parties to the confession. Police would not simply be sidelined, and the confessor’s tale would not be the only narrative he pays attention to. His academic pieces would normally be peer-reviewed and any claims which were questionable would be examined by the academic peers or the readership.  False claims by Kassin could result in criminal complaints and civil lawsuits.

It is quite clear from online postings that Saul Kassin was taken on as a hired gun for the Knox defense in the Knox/Sollecito trial in Perugia. He was being paid NOT to simply be academic and objective, he was being paid to give the police witnesses and prosecution as hard a time as possible.

Although he seems to have flown to Perugia at one point he definitely did not encounter let alone interview even one police officer, even one prosecutor or even one judge. He made no visit to the questura where the Knox questioning took place. He doesnt speak or read Italian so he would not be able to get to grip with original evidence.

He does not reveal if and when he interviewed Amanda Knox herself. She makes no mention of any meeting with Kassin in her book. Kassin was definitely not in court in mid-2009 when Amanda Knox was cross-examined for two days on the witness stand about her false allegations against Patrick Lumumba. Her stint on the stand was regarded as a disaster for her by most of those present.

Conflicts consequentially plaguing Kassin’s academic judgments

During the Hellmann appeal in 2011 [subsequently annulled by the Supreme Court in 2013] Kassin started to use his academic standing and ostensible objectivity to propagate to American and later global audiences his hired-gun take for the defense. He had still not interviewed anyone in the Perugia police or prosecution.

He never made clear that his description of Knox’s interrogation was already UNIVERSALLY discredited in Italy - and that even Knox had admitted that the police treated her fairly. He never explained what peer review process his many pieces went through. Not one police officer or prosecutor in Perugia was contacted by any peer reviewer seeking confirmations. This suggests either that there was no peer review or it was unethically cooked in some way.

Our own peer reviews of Kassins proliferating claims

One month ago my fellow poster the Machine took apart ten claims which Saul Kassin made last year in a Seattle radio interview. As the Machine showed, every one of those claims fall apart once one refers to official documents and the more objective case books and websites. 

Another post one month ago by my fellow poster Fuji showed that Amanda Knox is NOT likely to issue false confessions in the heat of an interrogation moment.

That is Kassin’s key claim here, and in effect Fuji used Kassin’s own “science” against him.

Then we were warned by a John Jay colleague critical of Kassin that he had repeated these same spurious claims live on television - and that Kassin had made even more wrong claims in a keynote speech to a conference of the elite John Jay College in June in New York, in front of an influential international audience.

And he did so again in a paper, possibly peer-reviewed, which the respected journal American Psychologist has placed online. This post provides the truth on the Knox-related claims at the front and back ends of that American Psychologist paper.

Saul Kassin still appears to want to argue that Amanda Knox was convicted ONLY based on a false confession (as the Machine and numerous posts on TJMK show, she wasn’t - and in fact, Knox didn’t even confess) and he now makes almost 50 erroneous assertions about the case.

You can see highlighted in the first box-quote below those misleading and erroneous passages of PR shill Kassin which I correct in the second box-quote below.

(1) SAUL KASSIN’S ORIGINAL VERSION WITH WRONG STATEMENTS HIGHLIGHTED


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.


(2) MY REPLACEMENT VERSION WITH CORRECT FACTS AND CONTEXT NOW INCLUDED


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. Dr Mignini, the magistrate on duty, was called from his home, and she gave a statement in front of him very similar to her witness statement from hours earlier. He asked no questions.

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 was freaking out, 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 describe how 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 for weeks, 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.”...

Results of our own peer-group analysis

Kassin asserted that the witnesses in this case imagined “new memories” unfavorable to Knox because of her highly-publicized confession. He referenced an experiment in which an unknown actor walked into a classroom and stole a laptop. The students were asked to try to identify the thief from a line-up. Two days later, the students were told which person in the line-up had confessed. Many changed their minds when told of the confession, although in truth the thief was never in the line-up at all.

Obviously this contrived scenario has nothing at all to do with Amanda Knox or people who had met her.

In his book, Meredith, the victim’s father John Kercher recalls his daughter complaining about Knox’s poor hygiene and how she brought home strange men several weeks before the murder. Numerous witnesses recounted specific anecdotes of Knox’s sharp-elbowed and offputting behavior. Her circle of friends quickly diminished only to Sollecito.

Really, could all these be “new memories”?

Psychologists studying eyewitness testimony, interrogation techniques and false confessions need to be circumspect. Even DNA testing, considered the best of the forensic sciences, requires a thorough understanding of circumstances in order to be interpreted correctly.

Kassin’s continued stonewalling and legal risks

I really wonder who agreed to publish him. I work in a science-based field. When I first learned Kassin had been recruited by Curt Knox’s hatchet men as a PR shill, had been put directly in touch with Knox herself, and had been provided with pre-selected reading materials, I wrote to ask him why he hadn’t disclosed all this to his readers.

Still no reply.

It’s true that numerous talking heads have exaggerated their qualifications and concealed their conflicts of interest and financial stakes when speaking in support of the defense. Judge Mike Heavey abused his oath of office to try to sway the process.

What’s different about Kassin is that, using his John Jay College aura, he has corrupted the scientific record with misinformation.

And he has done this, at least in part, with the goal of misleading an Italian court.  These dirty tricks are especially dangerous because most people, including judges, expect that what’s stated as fact in prominent academic journals is objective and true.

Kassin looks to us nothing like an academic here. He looks instead like a defense hired gun who (only in English and only in America) has repeatedly falsely accused police officers of serious felonies in how they questioned Knox as a witness.

If even a single complaint is lodged in Italy and Kassin cannot prove his 50 or so seemingly-spurious and very damaging claims, he could find himself facing years in an Italian prison for attempted obstruction of justice.

Kassin’s peers need to press him for the truth once and for all, and to stop him using his academic mantle illegally and academically unethically as a cloak for a sleazy defense campaign.

[Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.]

 


Tuesday, October 04, 2011

The Guardian Publishes A Negative Take On Italian Justice Rather Poorly Researched

Posted by Peter Quennell





Click above for Tobias Jones’s take in the Guardian which seems to be trying to report evenly on the case..

Here are our most-read posts on first trials by Italian poster Nikki and the two appeals by Italian poster Commissario Montalbano and often-overlooked victims’ rights about Italian campaigner Barbara Benedettelli.

All explain better than Tobias Jones does the many hoops that prosecutors have to jump through for victims’ interests to come out ahead..

We can agree with Tobias Jones on this below - the elaborate, expensive and slow automatic first appeals complete with lay judges who don’t see the first pass of the evidence at first trial and often act as a wildcard in the process.

It’s one of the many failings of Italian justice that it never delivers conclusive, door-slamming certainty. What usually happens is that the door is left wide open to take the case to the next level, first to appeal and then to the cassazione, the supreme court. The score in the public imagination, at the moment, is simply one-all.

It’s always been that way. There’s barely one iconic crime from the post-war years that has persuaded the country that, yes, justice has been done: the murder of Pier Paolo Pasolini, the Ustica crash, the Bologna railway station bombing, the Piazza Fontana atrocity, the Monster of Florence murders, the murder of Luigi Calabresi, the “caso Cogne” “¦ none has ever been satisfactorily, convincingly resolved. Instead the country seems to split into innocentisti and colpevolisti (those who believe in the innocence or guilt of the accused) and the heated debates continue for decades.

But we’d agree less-so, at least from an American perspective, with the Italian uniqueness of this below.

Dietrologia ““ literally “behindery” or conspiracy-theorising ““ is a national pastime precisely because the courts don’t offer convincing verdicts. It allows every journalist, magistrate and barfly to try their hand. The result is that everyone with an active imagination has a go at explaining the truth behind the mystery, and inevitably the truth only gets further buried beneath so many excited explanations. The media plays an active role in keeping the circus going: in no other country are cronache nere ““ “black chronicles” ““ so much the mainstay of the evening news. There’s always a case on the go.

Tobias Jones should watch the urbane elegance of the Porta a Porta shows, which are reminiscent of human games of chess, and then visit the US and watch all the cable news channels devoting many hours a day to legal talking heads debating one another over high-profile crime cases. CNN and MSNBC could probably not survive without them (Casey Anthony was a godsend) and they go back to the OJ Simpson trial when it seemed half the country joined in.

He probably has a good point about subjudice (blackouts on court news in the UK) but there’d seem more chance of a wrong outcome driven by public opinion in the US with its elected judges and police chiefs and prosecutors angling for news exposure than in Italy. (Judge Michael Heavey is an elected judge.)

Local public opinion in the US is very much behind the high execution rate in several American states and the difficulties non-whites often have in getting off.


Sunday, June 12, 2011

Knox PR Puppet Michael Heavey Sends A Pretentious Letter To President Obama Copied To Congress

Posted by The TJMK Main Posters


Elected Washington State county court judge Michael Heavey was recently reprimanded for sending a misleading letter on official letterhead.

Oddly, he seems to have done it again.  Click above to read the Open Letter from Michael Heavey to President Obama copied to members of Congress on what looks like official letterhead.

The Open Letter was dated 15 May but, unusually for an Open Letter, took some time to come to light. So far, we are seeing no official response. 

Perhaps not surprising. Any quick call to the Italy Desk of Secretary of State Clinton’s State Department will reveal that not one of the claims made is on solid ground and several very, very widely already shot down in flames.

In our usual helpful way, we too will shortly write an Open Letter to President Obama, with a copy to the State Department and the Congress (where a lot of people especially Italian-Americans already think the Knox campaign is a real crock) explaining precisely how each claim made by Mr Heavey is wrong.

For example in quick summary, the consular office found nothing out of order, zero interrogation of Knox as a suspect ever took place without a lawyer, Mr Mignini never came up with any bizarre theories not already out there and anyway Judge Micheli and Judge Massei settled on theories of their own, and Mr Mignini merely recommended to Doug Preston (who was foolishly attempting to mislead him) to go get a good lawyer who speaks Italian. Not to run squealing back to Maine. 

Previous posts on Mr Heavey’s many hapless and ineffective insertions of himself into the case can be read here.



Friday, May 27, 2011

Questions For Knox and Sollecito: Address These Several Hundred On The Hard Evidence

Posted by The TJMK Main Posters





These questions were first addressed to Rocco Girlanda, the pro-Knox Member of Parliament. who came up empty-handed.

This Open Letter to Rocco Girlanda was first posted and sent to him in English on 9 November 2010. Six-plus months later, no response. We are now reposting it and mailing it in Italian, as Italian media and opposition MPs are interested in asking him these same questions.

Mr. Rocco Girlanda
Parliamentarian for Gubbio in Umbria
Chamber of Deputies
Parliament of Italy
Rome, Italy


Dear Mr. Girlanda:

Questions Concerning Your Hurtful Behavior Toward The Family and Friends Of Meredith Kercher

And Also Concerning Your Ethics, Your Politics, Your Legal Behavior, And Your Personal Behavior

Your book Take Me With You ““ Talks With Amanda Knox In Prison” is leaving readers with a number of disturbing questions as to your motives, timing and interests in writing the book and publishing it at this time.

These questions concern whether your book - or at least its publication right now, directly before the important first level of appeal - is in fact very unethical, and they also concern the appropriateness of the nature of your relationship with Miss Knox.

In order to put these these questions to rest, we are sure that you will be eager to know what they are, and to respond to them in your best way possible. We’d be pleased if you would reply to us through our return address, or - given the public nature of this discussion - email it for posting directly on the TJMK website.

Here are the questions we have assembled. Again, we thank you in advance for your replies:

  • Do you believe in the separation of the executive, parliamentary and judicial branches of government? Since you are a parliamentarian (and, in particular, a member of the judiciary committee), do you think that the publishing of your book at this time could be seen as being inappropriate, given the calendar of Amanda’s appeal for her murder conviction, as well as the ongoing trial for slander (for having accused the Perugian police of hitting her during questioning)?

  • When you visit prisons in your role as a parliamentarian, what is your main objective: perform an independent check and control over prison conditions, or befriend prisoners? After how many visits to Capanne prison did you realise that you had established a friendship with Miss Knox? How often do you visit prisons in Italy? Which other prisons have you recently visited? Do you visit men’s prisons? Do you regularly give gifts to prisoners, like the books or the computer you gave to Amanda? If you consider that the computer was not a personal gift but rather from the Italy-USA Foundation of which you are president, which other American prisoners in Italian prisons have received such gifts? Which criteria does the Foundation follow in deciding who receives gifts? (for example, prisoners who have expressed repentance, or prisoners who have to use free legal aid due to financial penury, or prisoners who contribute to awareness programs to help others avoid similar crimes in the future ....).

  • As president of the Italy-USA Foundation, you have expressed concern that this case has strained relations between the two countries. Have you spoken with the US Embassy in Rome about your concern?  Within the framework of Italian-US relations, are there any other issues which you think come close to your-perceived significance of Amanda’s involvement in murdering Meredith Kercher? (for example:  Italy’s middle east policy concerning talks with Palestinian organisations, or discussions about the acceptance by Italy of Guantanamo inmates, or the ongoing state of Fiat-Chrysler relations and investments, or the rooting out of organised crime, or even Berlusconi’s joke about Obama being handsome and suntanned?)



[Above: the village of Gubbio to the north-east of Perugia which Rocco Girlanda currently represents]

  • In your over 20 parliamentary privilege meetings with Amanda Knox, did she ever act in a bizarre manner, like performing cartwheels for you? Why didn’t you ever ask her about her murdered roommate, Meredith Kercher or in general about the crime? Can your book really be of any interest to anyone if it only contains bits and pieces of poetry and banal conversation, without linking Amanda to the case which has put her into jail? How can your book come close to one of its supposed objectives - that of trying to understand how a young person could be involved in a violent crime such as that of Meredith Kercher’s murder - it you make no reference to the crime?

  • You have stated that you have daughters similar to Amanda Knox. In what ways are your daughters comparable to Amanda? Studies? Personal life and use of drugs, or social habits with the opposite sex? Some other way?

  • Amanda wrote you a letter (amongst others) on 7 August 2010, where she tells you in Italian, “The only thing I can show you is my gratitude for your friendship and your support.” What is the extent and what are the characteristics of this friendship and support? Is Amanda’s gratitude one-sided, from the perspective of an emotionally weak prisoner who becomes dependent on any stranger who shows her the slightest kindness, or do you mutually share this friendship which she describes, between the two of you? Do you know if Amanda’s Italian legal team are aware of the extent of your friendship? Do you think that your friendship may actually somehow complicate her legal situation and strategy?

  • You describe an affectionate hug between you and Knox: “I blush. She holds me, I hold her. It’s a never ending embrace, without a word. If I said I didn’t feel any emotion I would be lying. Maybe my face reveals that.” is what was quoted in the Daily Mail. Have you ever told a priest, psychologist, psychiatrist, social worker, drinking buddy or your wife about your physical contact with Amanda and your nocturnal dreams which involve her? If so, what advice have they given you?

  • Did you attend any of the Knox-Sollecito trial sessions over the course of the year that it was held? (it would have been easy: you could have taken advantage of visits to your parliamentary constituency, just as you have found it easy to visit Amanda in jail). Are you familiar with the evidence? Are you aware that there are two other persons convicted for the same crime together with Amanda? Do you know if - like her - they write poetry and want to be parents when they are freed from prison (a number of years from now)? Do such desires for life under regained freedom make any convicted prisoner less guilty of the crimes they have committed?

  • Do you feel that there were any specific errors or problems with the investigation in this case which you believe may contribute to an incorrect verdict and sentence for the three suspects? Did Amanda get a fair trial compared to any other similar crime investigation and legal process in Italy?

  • Are you able to offer an explanation as to why not once have the Kerchers and their lawyer, Francesco Maresca, ever been worried about the trial outcome? After three years, why is it that Francesco Maresca still has no worries and is confident that the convicted will lose their appeals?


[Above: Mr Girlanda with images of herself by Amanda Knox released about simultaneously with his book]

  • Do you believe that any of the investigation or judicial officials involved in this case are corrupt, or that any type of corruption played a role in their activities? Don’t be shy, please identify those who did wrong amongst Prosecutor Giuliano Mignini, Prosecutor Manuela Comodi, Judge Claudia Matteini, Judge Paolo Micheli, Judge Giancarlo Massei, Judge Beatrice Cristiani, the six lay judges, Appeals Judge Emanuele Medoro, Homicide Chief Monica Napoleoni, Inspector Rita Ficarrra, DNA expert Patrizia Stefanoni, or any other person involved in this complex case. Was there a conspiracy of corrupt officials who directed an evil campaign against an obviously innocent girl with no real evidence against her?

  • As a followup to the prior question, do you know that not one credible international attorney or professor of comparative criminal law and procedure has taken the defense of Amanda Knox, claiming injustice in the Italian judicial system? Do you agree that the Italian criminal system is fair, balanced and completely pro-defendant?

  • Do you know that Italian citizens constantly complain of their relaxed criminal laws and that criminals are constantly set free even after being sentenced on appeal while waiting for the confirmation of the Cassation Court? For example, little Tommy would still be alive if Mario Alessi had been kept in prison after being convicted on appeal for raping a minor. As a politician, don’t you think the law should be changed by keeping violent criminals in jail after being convicted on appeal, in order to guarantee the security of the citizens of the country you represent?

  • Do you know that the Italian attorneys of Amanda Knox don’t approve of this media propaganda perpetuated by the Knox-Mellas clan, that seems intent on spreading falsehoods and misinformation, while at the same time blaming an entire country (the one you represent in parliament) for an alleged “wrongful conviction”?

  • In promoting your book, you have stated that during your more than 20 meetings with convicted murderer Amanda Knox, a “friendship” has grown. Would you classify that as a friendship of convenience or a friendship based on caring for the interests of the other? We ask that because it truly shocks us that Knox’s Italian legal team was humiliated, and Knox herself was deprived professional legal advice and support through the publication of your book without it being vetted by her lawyers.  “She is very worried,” said Knox’s lawyer Luciano Ghirga, declining to comment on the book which he said he has not seen. “She is not at her best. She is very worried” ahead of the appeal, he added. Although the book will likely change little in Knox’s legal predicament, I would have thought that a “friend” who was also a law-maker would realise the importance of consulting the other friend’s lawyers concerning the possible fallout of a personal literary initiative such as yours.

  • Do you know that the American Embassy has followed this case from day one and reported to the State Department? Do you know that the Embassy stated that the trial was fair? Do you know that the State Department never expressed concerns about the outcome of the trial?

  • Do you know that the only American politician that once spoke out regarding this trial was Mrs. Maria Cantwell from Seattle when she asked Mrs. Clinton to verify if Italy is a third-world country with a barbarian criminal system and if Amanda Knox was sentenced only because she is an American citizen?

  • How did you and your associate Corrado Maria Daclon prepare his list of contacts that he met with in his trip to Seattle when you were writing your book? Did some person or persons arrange for meeting with these contacts? Was this person associated with the Knox-Mellas Entourage?

  • Have you ever read the 430-page Sentence Motivation Report (“Dispositivo Della Sentenza Di Condanna”) written by Judge Massei who presided over the Knox-Sollecito trial?  Do you know that there is overwhelming evidence against Amanda Knox and that the information spread out by the expensive PR team, hired by the Knox family, is neither a complete nor trustworthy story?


[Above: Giulia Bongiorno. Concern that Rocco Girlanda has gone way beyond what is appropriate to his parliamentary privilege to visit prisons “to inspect conditions” is further inflamed by his presence on the Italian parliament’s Judicial Committee. This committee, amazingly, is presided over by Raffaele Sollecito’s lead defense lawyer: Giulia Bongiorno. Is Giulia Bongiorno turning a blind eye to Mr Girlanda’s extraordinary number of visits, which seem highly abusive of his privilege, and exceed the quota of any family member?]

  • Do you know that the vast majority of Americans have no idea of who Amanda Knox is? For example, if you look at the number of hits on videos posted by the Knox clan on YouTube, you would discover that few hundred people have visited the site. Also, do you know that the vast majority of Americans that have heard about this case think she’s guilty?

  • Do you know who Steve Moore is? As President of the of the Italy-USA Foundation, do you, Mr. Girlanda, approve the insulting assertions of Mr. Moore when he says that the Italian police questioning of Amanda is typical of a “third world country”? That is was “something close to water-boarding”? Do you know that Steve Moore said that Amanda’s accusation of Patrick Lumumba, an innocent man, was “recanted by Amanda as soon as she had gotten some food”? Do you know that this weird individual said that “the court of final appeal is going to be the press. It’s going to be the public”?

  • Have you ever read or seen Steve Moore on American national television? Do you know that he has been interview by all major American television news stations, spreading falsehoods and misinformation? Do you know that Mr. Moore has been accusing Italy as a whole as been responsible for what he calls a “wrongful conviction”, in a “railroad job” by a “psychopathic prosecutor”? Do you agree with him?

  • Of the crime scene, Steve Moore said that “there was blood everywhere. There were foot prints, fingerprints, palm prints, hair, fluid samples, DNA of just one person: Rudy Guede”. Do you know that Rudy Guede left very little evidence for someone who has admitted been there and touching everything? Do you know that Guede left no hairs, no saliva, no sweat, no blood, and no other bodily fluid at the scene of the crime? Do you know that Amanda Knox and Raffaele Sollecito left plenty of DNA evidence and footprints all over the crime scene? Do you know that Steve Moore is telling falsehoods? Do you know that the motivation report clearly explains, without a minimal doubt, that more than one person was present during the murder of poor Meredith? (Please do read Judge Massei’s report)

  • Steve Moore says that the interrogation of Amanda Knox at the police station “was the most coercive interrogation I have ever seen admitted into a court in the last 20 years”. Do you know that the interrogation at the police station on the evening of November 5, 2007, before the arrival of the prosecutor, was just 1 hour and 45 minutes and that Amanda was treated like any other witness that had just been caught lying?

  • Have you ever visited Raffaele Sollecito or Rudy Guede in jail and are you planning to write a book on them as well?

  • We have just heard that the bound edition of your Amanda Knox book has been pushed by the conservative publisher at least as far away as next spring. Could this be cold feet on the part of your publisher, who may not want to be associated with the public relations campaign of a convicted killer? Or of a disaster in terms of predicted sales? Your agent Patrick King seems in a furious rush now to get the book out one way or another for Christmas .... who on earth would want to give a Christmas gift to a friend or loved one which is composed of bizarre sweet talk with a convicted murderess?

  • Are you even slightly aware of the deep hurt which you have caused to the Kercher family and Meredith’s many friends with your book? Do you know that some persons with great sympathy for them have words for you like “a pretty cruel heartless bastard”?

Finally, Mr. Girlanda - and we thank you for your patience in responding to these questions, which many concerned Americans and non-Americans have helped us compile - you have indicated that the proceeds from the sale of this book will go to the U.S.A.-Italy Foundation of which you are president.

If this budget injection is not used to make gifts of additional computers for more American prisoners in Italian jails beyond Amanda Knox, would you please consider applying part of the book proceeds to the new scholarship that the Perugia city council has established together with the University for Foreigners, in memory of Meredith Kercher?

It would be a wonderful gesture which would respond positively to those many Americans and non-Americans who are concerned that Amanda Knox’s conviction for the murder of Meredith should not be spinned into a money-grubbing show-business performance, where the only victim of this case - Meredith - is forgotten, and instead through some sort of twisted publicity campaign, one of the guilty parties is converted into a sympathetic Mother Theresa who escapes fully responding for her crimes.

The original of this letter in English and Italian has been emailed and sent in hard copy to your office in Rome. We greatly look forward to your various responses and will be happy to post them in Italian and English here. 


Very many thanks in advance from people all over the world who are seeking true justice for Meredith

Signed in the original for the Main Posters Of TJMK
Who include a number of American and Italian lawyers


Tuesday, May 10, 2011

Open Letter To Joel Simon Of CPJ: Not Even One Anti-Mignini Accusation Withstands Careful Testing

Posted by Kermit





Mr. Joel Simon
Executive Director, Committee to Protect Journalists
330 7th Avenue, 11th Floor, New York, NY 10001

Dear Mr. Simon,

More on your potentially libelous open letter, sent unchecked to 21 world leaders, and your first attempt at a response.

As previously with Open Letter #1 of April 26, this will have to occupy several posts, because the evidence against your unsubstantiated or misleading accusations against Umbrian Prosecutor Giuliano Mignini is so voluminous. 

 

[Above:  Joel Simon of the Committee to Protect Journalists is stepping into the same slippery terrain of unsubstantiated accusations against Mr. Mignini as Friends of Amanda activists such as Judge Michael Heavey have done in the past, and which Amanda Knox’s lawyers have had to disassociate themselves from. Is this just a procedural slip-up by Mr. Simon which he will quickly seek to correct, or is he consciously introducing himself and his organisation as a proxy player in a potential attempt to pervert the course of justice?]

As a public notice, your own open letter definitely has a potential impact on his reputation and career in the professional realm, and on his good name and honour as a person. No demonstrative proof was offered for those accusations. My own skepticism concerning the soundness of your accusatory text was underlined by what seemed to be the only and entire basis for this splashy letter, an aggressive international PR campaign fraught with risk for the CPJ’s reputation:

  • Sfarzo told CPJ “¦
  • Preston told CPJ “¦ 
  • Cottonwood told CPJ “¦ 
  • Editor Ken Robinson said “¦

There was no apparent fact-finding, no contrasting of opinion, no double checking, no collecting of documents.  Not even evidence of the slightest, minimal effort to contact the subject of these grave accusations, Mr. Mignini (not even a “he didn’t reply to our email” or a “we tried to call his office at midnight but no one answered”).

This is shameful coming from a journalistic organisation, in an industry where every professional worth his salt checks a source before publishing to avoid credibility and legal problems further along.

My letter raised a number of questions about how and why your open letter to the world was prepared, and I made a number of requests or suggestions in order to understand better the basis for the accusations against Mignini.

Some of the red flags which result from my questions are:

  • Did the CPJ simply accept the accusation of certain persons against Mr. Mignini without even minimal, Google-based fact checking? 

    -> If so, then Red Flag

  • Having realized that basic fact checking was not carried out, has the CPJ proceeded to do so?

    -> If not, then Red Flag

  • Does the tipster who set you on this issue also stand to gain something by painting Mr. Mignini in a certain light?

    -> If so, then Red Flag

  • Is the tipster or one of the subjects of the letter a financial backer of your organisation?

    -> If so, then Red Flag

  • Could one or more of the subjects that the CPJ sought to protect in its missive be less a journalist seeking to report news freely, and more an element of a lobby group in an open criminal case?

    -> If so, then Red Flag

  • Do you know that the principal subject who you sought to “protect” in your Letter to the World is actually a screen name, used by the blogger?

    -> If so, then Red Flag

  • Having realized (thanks to our first reply to you here on TJMK) that you were seeking to protect a screen name, did you proceed to identify the real-life person behind the screen name, and check what provoked a police visit to his home and what he is actually charged with, and if said charges can be in any way linked to Mr. Mignini, who closed his investigation of the murder of Meredith Kercher almost three years ago? 

    -> If not, then Red Flag

  • Upon realizing that your accusations are neither substantiated nor relevant, is it possible that the CPJ could be used as a party to pervert the course of justice in two open criminal cases? 

    -> If so, then Red Flag

  • Have you included as justification for action in your letter to the world the supposed threat to persons who aren’t journalists or reporters?

    -> If so, then Red Flag

  • As a result of the CPJ Letter to 21 World Leaders, could the until now untarnished reputation of the Organization to Protect Journalists be put into question, favouring the abuse perpetrated against journalists by those in power around the world who actually do threaten the work of journalists?

    -> If so, then Red Flag

With the acknowledgement that just one of these red flags (any one of them) is raised, the CPJ should have taken a step back and thought through how and why it ended up issuing its Letter to the World of 19-04-2011, identified internal control issues and external damage caused (both to the organisation’s reputation and to third parties), and taken steps to correct the cause of the red flag and ensure that it doesn’t happen again in the future.

There is negative impact that has already occurred to the Committee to Protect Journalists. However, it will continue to grow as more as more journalists, public agencies and the public in general become aware of and concerned about what is fast becoming the CPJ’s Abusive Accusations Against the Perugian Prosecutor Affair.

Instead of stepping back and reflecting on how to resolve this problem elegantly, only two days after publishing our first reply to you the CPJ posted a note, not on its front page but revealingly hidden away on the institutional blog page on its site.

Frankly, I was astounded that the CPJ seemed to sweep the questions I raised in my first letter under the CPJ’s own carpet by stating that “we stand by” the first Letter to 21 World Leaders on 19-04-2011.

Instead of trying to de-construct what it has created, the CPJ seems to be making the monster grow.

I should say that we ““ the international followers of progress in the case concerning the murder of the English student Meredith Kercher in Perugia on 1 November 2007 - recognize and are thankful that at least the CPJ did give the reply to our letter, and that comments have been open on that page. We do thank you for that.

However, to some extent, both your reply and some of the comments posted on the CPJ site actually increase our concern surrounding the CPJ’s recent actions and the obvious lack of due diligence applied in the preparation and sending of your Letter to the World. Had it occurred because of a procedural slip up, the normal reaction of an organisation such as yours would be to suspend the Letter to the World and perform detailed (or even basic) fact checking.

But you haven’t.



[Click above for a larger image]

[Above: CPJ coordinator Nina Ognianova takes the heat on behalf of Joel Simon, admitting that the Letter to 21 World leaders was only written on the basis of accusatory statements offered or requested of “victims” of Mignini, with no fact checking whatsoever.]

The CPJ reply to our letter states: “CPJ has received a number of emails in reaction to our April 19 letter “¦ which details cases of harassment”.

What details? Your April 19 letter didn’t detail anything.

The CPJ reply to our letter states: “CPJ takes no position as to the alleged guilt or innocence of either of the defendants in the Kercher case”

This comment has nothing to do with either your original letter or our response, and I don’t know why you have included it in your reply. We all assume a priori that the CPJ has no position on the case of the murder of Meredith Kercher. What we are concerned about is that CPJ does not provide any detail or checking to its grave accusations against Mr. Mignini.

The CPJ reply to our letter states: “Those in positions of power must understand that scrutiny and criticism, including the harshest of kind, comes with the office.” 

We could not agree more with that no-brainer. What is missing in the framework of your open letter to world leaders about Mr. Mignini is what must be said in the next breath, the missing second half of that equation, which is that in addition, the Press (from individual reporters to the sectorial press associations which represent them such as yours) must act in a responsible manner, striving to publish and communicate truthful facts which have been thoroughly contrasted. To not achieve that level of responsibility means a drift towards the Press publishing news and “facts” à  la Janet Cooke and Jimmy’s World.



[Click above for a larger image]

[Above:  Let’s hope that the CPJ can help avoid a 21st century Jimmy’s World. Does the CPJ have an Ombudsman service when regular channels of complaints provide no adequate reply?]

In my opinion (and that of many persons who have written me, and I’m sure many persons who have written you), that is exactly how the Committee to Protect Journalists is appearing.

When you say that in spite of the extremely serious issues that we raise about your document accusing Mignini “We stand by it”, you are really saying two things:

1) you continue to support the highly doubtful veracity of the unsupported accusations against Mignini

2) you are not planning to do any further checking of the facts, as effortless as that may be. (Instead of “further” checking of the facts, it’s really a question of “initial, basic” checking of the facts)

If that is what you stand by, then the overall reputation of CPJ is called into question, and those who truly should respond for the abuse of real journalists in tough situations around the world know that they can ignore your calls of support for personal freedom and freedom of press, calling into question the integrity of your organisation.



[Click above for a larger image]

[Above: World leaders on all continents who are directly responsible for the abuse of journalists and the free press in general, or who are in a position to improve the conditions of journalists have their life made easier when organizations such as the CPJ are seen as frail or lacking in the very principles that they promote.]

I can understand that from the CPJ’s point of view, you are in a tight position. Your reputation is at stake. You have published a high-profile letter containing grave accusations, which as it actually gets examined beyond the words of the accusers starts to unravel very quickly and evaporate, and by no means justifies a letter of alert to world leaders.

At the same time, the most visible of the persons who supposedly has suffered at the hands of Mignini is on the list of the CPJ’s significant financial benefactors. “Preston “¦ suffered harassment by Mignini himself in 2006 ““ and eventually was forced to leave Italy for fear of imprisonment ““ told CPJ “¦.”

And Douglas Preston is now going his own way promoting and “improving” your letter and claiming that you have carried out an “independent investigation”, when that seems to not be the case. Preston has said in the last few days:

“the Committee to Protect Journalists “¦ has made public the results of their own, independent investigation into the actions of Mignini and the police, prosecutors, and judges in Perugia, Italy.

Their conclusions are shocking. The report details what appears to be an organized campaign to harass, intimidate, and physically threaten Italian and American journalists covering the case. CPJ discovered that in at least on case police in Perugia assaulted a journalist who had criticized Mignini, trumped up charges against him, and then tried to get him certified “insane”””all with Mignini’s knowledge and cooperation.

The CPJ investigation also detailed how Perugian authorities extended their harassment campaign into the United States, threatening American journalists, writers, and newspapers with criminal charges in a gross attempt to extend Italian criminal laws on to American soil and interfere with the freedoms we enjoy in our own country.

The Committee to Protect Journalists was so concerned with their findings that yesterday they sent a strong letter of protest to the President of the Italian Republic, asking for action to end this abuse and calling on him to take steps to protect journalists in Perugia.  The letter reads like a horror novel.”

(Source: Doug Preston promoting something he calls The Monster of Perugia)

Mr. Simon, I have highlighted certain expressions of Preston in bold. Is it of your opinion that this financial backer of the CPJ is using expressions and style that actually reflect the content of the CPJ letter which you signed, and how you prepared that letter? If not, what do you think explains the gap?

Could it be the close proximity of the genesis of the 19-04-2011 letter to Preston himself, to him promoting “my nonfiction book, The Monster of Florence, written with Italian journalist Mario Spezi, and currently being made into a movie” that Preston claims will star George Clooney?



[Click above for a larger image]

[Above: In the name of transparency, it would be appropriate for the CPJ to reveal the financial contributions that Douglas Preston has made to the organisation, as well as to detail the communications and attached documents that Preston has exchanged with the CPJ with regard to the Letter to the World of 19-04-2011. This is what honest Governance is all about.]

I have received a number of emails in the last few days, as I’m sure you have too, and the message people are telling me is that something has gone amiss with the CPJ letter to 21 World Leaders about a local Italian prosecutor in the hills of Umbria.

Let me help you out.

I want CPJ to work. I am not looking for it to be humiliated, as it is a very needed organisation which has done great work. However, respect must not just be earned but it must be maintained. In the case of the CPJ letter of 19-04-2011, I honestly believe that something went wrong in the internal control procedures of the CPJ. Those should be relatively easy to review, revise and use in the future to improve the quality of your activity.

However, in addition to correcting its internal procedures with regard to the future, a wrong committed must be righted. Journalism is not about sweeping things under the carpet.

As regards the latter, it is the CPJ who should decide the action it will take. I suppose that writing a new open letter copied to 21 world leaders, admitting that the CPJ got bamboozled (which is honestly what I think happened), is expecting too much.

However, why don’t you contact Mr. Mignini’s office and give him fair time to respond on your webpage? That would be just, fair and elegant, especially after the lack of elegance shown in your world letter.

Are you even aware if he knows about the supposed incident of 28-09-2010 suffered by the Perugia blogger? My bet is that he learned about it on 19-04-2011 upon reading your letter about what a bad guy he is, and that whatever reason that the police may have gone to the home of a guy who uses the screen-name “Frank Sfarzo” (real name Sforza) has more to do with that blogger’s real-life persona than his blog posts related to the Meredith Kercher case.

Did you even know that “Frank Sfarzo” is only a screen-name?  Please, please tell me that you didn’t first learn that fact only once the critical emails started to arrive after your 19-04-2011 post.

If so, that would be a serious pie-in-your-face: a letter to the world to protect a screen name against totally unsubstantiated accusations of physical abuse by police, which even if they occurred show no dotted line to a prosecutor whom some unrevealed OPJ tipster has decided to denounce (although we all have a pretty good idea of who that tipster is).

Let me help out by working to set things straight, and shed some contrasting and revealing light on the grave accusations poured on Mignini in the CPJ’s letter.

Thanks to Google, we are able to contrast the accusers’ words against .... their own words, photos and deeds as documented on Internet. These are mostly made available by themselves in their own posts and comments.

It is truly shocking that the CPJ didn’t exert the minimal effort which I present below in the Annex to this letter, and which allowed me to get a completely different understanding of how shallow the recent attack is against Mignini. To be honest, the CPJ should have seen the bamboozle coming a mile away.

If the CPJ won’t do a basic, minimal, obvious, fast, easy, needed-to-avoid-a-libel-accusation, beginner journalist’s exercise of checking the facts in a high-profile accusation with international repercussions, then I will.

Let’s do a fast “Balance” of facts as we are able to gather them. I’ve set up a Balance Sheet which we’ll use to perform some checking and tests on some of the accusations which appear in the CPJ letter. I would have performed these tests and included them in my first letter a week ago, however, I was hoping that the CPJ would have spent literally, just a few minutes to do the checking.

Here’s the format of our Balance Sheet for Testing CPJ’s Anti-Mignini Accusations. We’ll fill it out as we go along.



[Click above for a larger image]

Given the length of the indicative results that we have obtained, today we will post this letter, and shortly we will post the Annex with our findings with the complete Balance Sheet for Testing CPJ’s Anti-Mignini Accusations.

Please feel free to contact me if you require any further information or if I may be of assistance as you become more familiarized with the complex forces which are out to turn Mr. Mignini into an evil, rogue prosecutor.

However, what’s good for some people’s business is not good for yours.

I hope that with this second TJMK letter the CPJ will finally realize the delicate, weak state of your 19-04-2011 letter and will take the appropriate measures. 

In your own words to the 21 World Leaders, “thank you for your attention to this urgent matter. We await your response.”

Sincerely,

Kermit

A Main Poster on TJMK (.(JavaScript must be enabled to view this email address))


Copied to:
His Excellency Giorgio Napolitano, President of the Italian Republic
Angelino Alfano, Ministro della Giustizia
José Manuel Barroso, Presidente della Commissione Europea
Herman Van Rompuy, Presidente del Consiglio Europeo
Baroness Catherine Ashton, Vice-Presidente della Commissione Europea e Alto Rappresentante dell’EU per gli
Affari Esteri e la Politica di Sicurezza
Viviane Reding, Vice-Presidente della Commissione Europea e Commissario per Giustizia, Diritti
Fondamentali e Cittadinanza
Neelie Kroes, Vice-Presidente della Commissione Europea e Commissario per la Digital Agenda
Jerzy Buzek, Presidente del Parlamento Europeo
Heidi Hautala, Presidenza del Sottocomitato sui Diritti Umani del Parlamento Europeo
Jean-Marie Cavada, Presidenza dell’Intergruppo per i Media del Parlamento Europeo
Thomas Hammarberg, Commissario del Consiglio d’Europa per i Diritti Umani
Ferdinando Nelli Feroci, Rappresentante Permanente dell’Italia presso l’EU
Hillary Rodham Clinton, U.S. Secretary of State
Michael Posner, U.S. Assistant Secretary of State for Democracy, Human Rights, and Labor
Philip H. Gordon, U.S. Assistant Secretary, Bureau of European and Eurasian Affairs
John Kerry, Chairman of the U.S. Senate Foreign Relations Committee
Richard Lugar, Ranking Member of the U.S. Senate Foreign Relations Committee
Ileana Ros-Lehtinen, Ranking Republican Member, U.S. House Committee on Foreign Affairs
Howard L. Berman, Ranking Democratic Member, U.S. House Committee on Foreign Affairs
Giulio Terzi di Sant’Agata, Ambasciatore Italiano presso gli Stati Uniti
David Thorne, U.S. Ambassador to Italy


Tuesday, April 26, 2011

Open Letter To CPJ’s Joel Simon In New York: This Is The Fact Finding YOU Really Should Have Done #2

Posted by Kermit

Concerning CPJ’s letter to Italian President Giorgio Napolitano on press freedom (#2)




[Above: Knox lawyer Luciano Ghirga stated on 21 October 2008: “Amanda wasn’t hit. There were pressures from the police, sure, but we never said she was hit.” Well into Amanda’s trial, and shortly after her stepfather’s arrival in Perugia, she unexpectedly stated in court that she had been hit by police during her questioning. Watch the whole video yes at the Perugian blogger’s site.]



From the CPJ letter to the President of Italy and 20 other European and International figures:

“Sfarzo (real name Sforza) was released pending a trial in May. He faces up to six years in prison if convicted. “˜The police can count on the complicity of judges,’ Sfarzo told CPJ”

Now I’m confused: I thought that it was Mignini who utilized and had the complicity of the national police in his nefarious actions against the Perugian blogger. Now it seems that the blogger (or CPJ) is saying that the national police manipulate the judiciary to advance some terrible agenda, with the complicity of judges. Please clarify, for the sake of sanity, is it Mignini or the national police who are the source of the harassment that the blogger suffers?



[Above: Now let me get this straight: Amanda Knox hearing and trial judges such as Paolo Micheli (left), Giancarlo Massei (centre), or Claudio Pratillo Hellman (right) are beholden to members of the national police? Where will the Evil Conspiracy stop?]


Although motive is not necessary to any crime, having one helps to understand a criminal action. This alleged harassment makes no sense. Mignini presented his investigation report three years ago.  A guilty conviction was obtained, and the defendants are now in appeals, with different judges and new legal processes.

The case has for some time been out of Mignini’s investigative hands and is following its natural progression through different courts, under the guidance of the corresponding judges.

In the case of the national police, they don’t have any particular relation with the blogger as regards the Meredith Kercher murder case. Quite another possibility is that he has some other legal problem. Have you asked the blogger if he has any other legal question open, under his real name?

One question: if the blogger had been abused by Mignini or the Italian national police between October 2008 and September 2010, why is it only now that noise is being made about it?

In order to check out the blogger’s emotional state in the time frame of the alleged police attack, I took a look at his blogspot page for posts and comments in that time period.

The blogger’s last post before the alleged attack was on 10 September 2010. This post generated 586 comments, mostly before, but also some following the supposed attack on 28 September 2010 including comments by the blogger himself.

His first post following the alleged police attack was just a couple of days later on 1 October 2010. He writes “The mini media circus around the Meredith Kercher case materialized again in Perugia, surprisingly, for a closed door hearing “¦. Luciano Ghirga described her as showing a shorter haircut and as being concerned “¦”

In the 361 comments which this post generated, including comments by the blogger, I didn’t detect any indication that he had been through a harrowing experience at the hands of police officers who in some yet-to-be-defined-manner are remotely controlled by the prosecutor Mignini.



[Above: Business as usual. It’s 1 October 2010, just 48 hours after the supposed brutal attack which required the blogger to receive medical attention in the hospital. Yet his recovery is swift, and his texts don’t reflect the suffering he has gone through.  (Image: Perugia Shock blog)]


From the CPJ letter to the President of Italy and 20 other European and International figures:

“Oggi editor Umberto Brindani also received two “notices of investigation” that year—dated July 24 and September 2—in relation to the magazine’s coverage of the Monster of Florence case, CPJ confirmed.”

If the CPJ was able to confirm a couple of notices of investigation against the well established national magazine Oggi, why didn’t the CPJ also try to confirm any of the alleged abuse against the vulnerable Perugian blogger who is the main point of the CPJ text? You indicate that you had direct contact with him.

For example, you could have asked the blogger to show you a copy of a complaint concerning the alleged attack by national policemen on 28 September 2010. Or the CPJ could have spoken with the hospital psychiatrist who supposedly examined the blogger following that alleged attack.

 

From the CPJ letter to the President of Italy and 20 other European and International figures:

“Preston, Spezi’s co-author who suffered harassment by Mignini himself in 2006—and eventually was forced to leave Italy for fear of imprisonment—told CPJ he was still afraid of going back. He has been unable to clarify his legal status in Italy. In the summer of 2008, Mignini told third parties that he would have Preston arrested if the writer returned, Preston writes in the Afterword to The Monster of Florence paperback edition, published in 2009.”

If Preston was “forced to leave Italy for fear of imprisonment” in February of 2006,  then why did Preston go to Italy with an NBC “Dateline” filming crew in October 2006, just months after leaving under an alleged “threat” by Mignini, and four months after his interview in The Atlantic where he called Mignini “a sincere man and an honest and incorruptible judge”.



[Above: Many people are led to believe that Preston hasn’t been to Italy since his hasty departure after meeting Mignini in early 2006. In fact, he has returned with Dateline NBC to tape a show on The Monster of Florence. (Photo credit: Original source. And an alternative link to same story.]

Barbie Nadeau, an excellent and recognized reporter for Newsweek and The Daily Beast, wrote in a well researched article on Preston that he “also says that Mignini ordered him to leave Italy. Mignini says that he never asked Preston to leave the country, but instead suggested that Preston didn’t understand Italian and that he should get a lawyer.”

If you do further Googling, you will see that it appears that the only person who says that Preston can never go back to Italy (in spite of having gone back to Italy) seems to be Preston himself.

What Preston says he hasn’t been able to clarify, Mignini has repeated in a number of articles in the Italian and English-speaking press.

 

From the CPJ letter to the President of Italy and 20 other European and International figures:

“We ask you to ensure that the politically motivated lawsuit against Perugia blogger Frank Sfarzo is immediately scrapped and that outside investigators are assigned to conduct an investigation into the September 28-29, 2010, abusive actions of Squadra Mobile officers against him.”

On what basis can you affirm that the alleged abuse suffered by the Perugian blogger is “politically motivated”? What link is there between the national police officers who allegedly committed said abuse and the prosecutor of the first trial against Amanda Knox and Raffaele Sollecito which ended almost a year prior to said abuse?

Who is this Perugian blogger, if he isn’t “Frank Sfarzo”?  Is he a journalist? Or in fact is he closely associated with “opinion-makers” for the Amanda Knox cause?

I have no interest in knowing the Perugian blogger’s real-life name, but I would hope that as part of its investigation, the CPJ would have ascertained whether the blogger’s real life persona may explain why the event of 28 September 2010 occurred (and what motivated the visit of the national police) better than linking it without any real proof to the prosecutor who so enraged Doug Preston (at least from the end of 2007 onwards, following Meredith Kercher’s murder and the intense media coverage of this sad event).

One of the most well known members of the Amanda Knox on-line lobby is an American, Jim Lovering. He appears on many websites where the case against Knox is discussed, sometimes posting in his own name and sometimes under the pseudonym “Charlie Wilkes” (a 19th century American naval explorer linked to Puget Sound).

It is telling that Lovering-Wilkes is cited as one of the two collaborators that the Perugian blogger works with on his site.



[Above: The Perugian blogger counts on Jim Lovering (also known on-line as “Charlie Wilkes”) as one of his two collaborators. Lovering is one of the most prominent figures in the “Friends of Amanda” pro-Knox activist group.]


If you do some basic Google research (“Jim Lovering” “Friends of Amanda”), you will find that Jim Lovering is the moderator of the “Friends of Amanda” website.

Here below is the Perugian blogger and Chris Mellas, presenting the Friends of Amanda website:



[Above: The Perugian blogger and Chris Mellas ““ Amanda Knox’s stepfather ““ presenting the Friends of Amanda website.]


Lovering/Wilkes has made himself famous in the pro and con discussion boards of this case for his anything-goes pro-Amanda stand.

This includes the manipulation with a Photoshop-type program of an image of a footprint of Rudy Gudy, found guilty together with Amanda Knox and Raffaele Sollecito of Meredith Kercher’s murder.

The manipulation adjusted the size of the Guede print taken in prison to the dimensions of a footprint made in blood found on the bathmat of the cottage where Meredith was brutally murdered (the matching of the footprints would support the “lone-wolf” theory of the Knox defence, that only Rudy was involved of the group of three young people found guilty, and therefore that Amanda should go free).

A simple gauging of the size of the print seems to show that when Lovering/Wilkes resized it, the print ended up much smaller than what it should be.

For further information consult this presentation with the satirical title: “Mr. Marriott, I Shrank the Black Kid”. Or review the on-line discussion of the issue by Googling: Rudy Guede “hobbit foot”.

Although the Friends of Amanda Knox group declares on its webpage that “We are not affiliated with her family”, some of its most prominent members are close friends to the Knox-Mellas family, as they themselves publish on Internet sites such as Facebook.



[Above: In this Facebook posting from September, poster “Charlie Wilkes” (Knox activist Jim Lovering) writes of his photo: “At the table are (Washington State Judge) Mike Heavey, Mark (Waterbury) and Michelle (Moore, wife of ex-FBI / ex-university security man / screenwriter Steve Moore). Chris (Mellas) is seated at the table in the background. I’m not sure who he is talking to. Christina Hagge and Edda (Mellas ““ Amanda’s mother) are standing on the right “¦. It was a very enjoyable gathering”. (Photo credit: Facebook ““ Perugiamurderfile.org)]


Judge Michael Heavey of the Superior Court of the State of Washington is a neighbour of the Knox-Mellases and has been involved with lobbying efforts for the family from early on (he now seems to not be a formal activist of FOA, although informally ““ as we see in this photo ““ he continues to support the cause).

In August of 2008, he wrote a letter to the Italian judicial council that regulates the activity of the country’s judiciary, decrying:

“”¦.On June 16, 2008, Judge Giuliano Mignini, The Public Minister of Perugia, closed his investigation concerning the horrific murder of Meredith Kercher.

“¦. Since November 6, 2007, the conduct of the prosecutor, police and prison employees has been to supply false information to the press to inflame public opinion against Amanda Knox, Rafaele Sollecito and Patrick Lumumba.

“¦. the prosecutor’s office (Kermit: ie. Mignini’s), police and prison employees have made illegal and false statements to the press.

“¦. Amanda Knox’s lawyers have no knowledge of my request to the distinguished and honorable members of the Consiglio Superiore della Magistratura.”


The English text and Italian original were published for a number of weeks in 2008 on Seattle celebrity lawyer Anne Bremner’s webpage. Bremner is another original member of the Friends of Amanda group.  Source: this webpage which has since been redesigned)
 

[Above: Heavey wrote a neither substantiated nor proven extra-judicial opinion of grave illegalities he ascribed to the investigators of the murder of Meredith Kercher, naming specifically the prosecutor, Giuliano Mignini. His opinion was sent to Nicola Mancino, vice-president of the Italian Judicial Council, and four other persons, including Italian President Giorgio Napolitano and Prime Minister Berlusconi.]


This unofficial, private lobbying done on Washington State Superior Court stationery didn’t go over well, as you can imagine, with the Washington State Commission on Judicial Conduct, which proceeded to charge Heavey:

“[Mr. Heavey is charged with] violating Canons 1, 2(A)and 2(B) of the Code of Judicial Conduct by writing letters on official court stationary to Nicola Mancino, Judge Claudia Matteini, and Giuliano Mignini (members of the Italian judicial system) on behalf of criminal defendant Amanda Knox; utilizing court staff to type those letters; and speaking publicly on several occasions about that same pending criminal case in an attempt to influence the proceeding.” (Source: Washington CJC)

The CJC’s investigation later concluded that Heavey had violated the judicial code by:

using his status as a judge to attempt to influence a criminal proceeding in another country, thereby exploiting his judicial office for the benefit of another.

“¦. Respondent agrees he will not retaliate against any person known or suspected to have cooperated with the Commission, or otherwise associated with this matter; that he will not repeat such conduct in the future; and that he will promptly read and familiarize himself with the Code of Judicial Conduct in its entirety.”(Source: Washington CJC)




[Above: In spite of his reprimand in 2010 from the Washington State Commission on Judicial Conduct for - amongst other things - “speaking publicly” about the Amanda Knox case, it seems that Judge Michael Heavey has found a way to make this sort of activity compatible with the sentence of the Commission, and he continues to appear on her behalf (on his own time?). Recently on 4 April 2011 he appeared at Seattle University with other speakers aligned with the Amanda Knox cause to present the case for her innocence.] (Source: Youtube video uploaded by West Seattle Herald)

 
What is curious is Heavey stating in his letter to the Italian authorities that he was doing this without the knowledge of Amanda Knox’s Italian lawyers.

She has two heavyweights as her main lawyers: Luciano Ghirga ““ a well”“known and experienced Perugian lawyer ““ and Carlo Dalla Vedova ““ also experienced, and suggested by the American Embassy in Rome. In addition, there are all the experts in a number of areas that these two lawyers have introduced to the case as it has proceeded.

They will know what’s best for Amanda, and if she or her family have any questions about the legal strategy, then they should change the team. It’s inconceivable of persons close to her family taking extra-judicial measures to “help” her when those measures aren’t vetted first by her legal team beforehand in order to decide if it really does help or hinder the cause.

But that does seem to be the case here.

Between actions like Heavey’s and the not-stop media onslaught with programs such as the CBS 48 Hours series produced by Doug Longhini (starring Private Investigator Paul Ciolino who travelled to Perugia and tried to get a witness to the crime to open her door at night to talk to him ““ he has recently called that witness “crazy” from the safe distance of a Seattle auditorium) which questioned the correctness of the investigation, there was so much noise coming from America that Knox’s lawyer Luciano Ghirga actually had to go to prosecutor Mignini’s office and disassociate himself and Amanda’s defence from these opinion-making actions:

“There are people around the figure of Amanda who have no formal role in the student’s defence team, which is formed by myself together with my colleague Carlo Dalla Vedova. These people are not only not helping our client in the difficult judicial process in the Corte d’Assise in which we have to defend her, but on the contrary, they are harming her judicial position.”

(Source: La Nazione 3 February 2009- Alternate translation link here.)

Why in the world would anyone participate in an extrajudicial strategy of attacking a legal process, unapproved by the defendants own lawyers? The first answer that comes to my mind is that the party involved doesn’t have much faith in being successful in the legitimate legal process.

Paul Ciolino, the Private Eye who went to Perugia for Doug Longhini’s 48 Hours, recently participated in a seminar in Seattle University dedicated to Amanda Knox (co-speakers included Friends of Amanda founder Tom Wright, ex-FBI / ex-university security officer / screenwriter Steve Moore, and “¦ State of Washington Superior Court Judge Michael Heavey).

Mr Ciolino, I believe, more or less sums up the extra-judicial strategy for dealing with Amanda’s predicament by stating:

“She’s not going to come out of there because the Italians are nice guys and they’re going to admit that they made a horrible mistake and that the prosecutor yes indeed he is crazy but ... she may come out, she’ll come out in a year or two, that’s my best guess, okay, but she’s going to come out because the State Department is going to get involved, it’s going to become political.”

(Source: At 1:48:23 in the Youtube video uploaded by the West Seattle Herald)

I’m not saying that the Perugian blogger is a member of the Friends of Amanda group (which in any case doesn’t seem to be a “card-carrying” type of association “¦ it’s more a question of who wants to be publicly associated with it. Judge Heavey was “publicly” with the group until he decided to not be publicly associated with it.)

But it would be hard for the blogger to deny that he’s very, very, very close to this influence/lobby group, what with blog bed fellows such as his blog’s main collaborator Jim Lovering - the Friends of Amanda Knox website moderator - and what appears to be a personal relationship with members of the Knox-Mellas family.

I honestly believe that the Committee to Protect Journalists does fine and commendable work protecting journalists, who risk so much all around the world trying to do their work and keep people informed through a free press.


[Above: Truly threatened journalists around the world benefit from the support and awareness activities of CPJ. Bravo. (Photo credit: Committee to Protect Journalists)]

However, I encourage the CPJ to do further research concerning the news and blog personalities surrounding the Meredith Kercher murder case, and the alleged injustices they may have suffered.

Particularly worrisome for the preservation of balanced reporting by independent journalists is the hiring by the Knox family of the Gogerty Marriott public relations firm. This contract has been so successful that this PR firm uses their Amanda Knox campaign as a case study on their website.

At Gogerty Marriott we apply campaign strategies, disciplines and tactics to public affairs problems to help our clients achieve their goals “¦. We consider every project individually and assemble a team to suit the client’s specific needs. We then develop and implement a plan; usually integrating a range of tactics such as earned and paid media, community outreach, ally development, and government relations among other ways of reaching important audiences.”  (Source:  Gogerty Marriott website.)

It is ever so important for the CPJ to protect journalists around the world who are struggling in dangerous situations to maintain their independent voice and to promote free press.

However, a PR campaign which uses “earned and paid media” could perhaps, be analysed further before sending alarmist communications to high-profile international authorities and potentially wasting the scarce resources of your organisation.


 

From the CPJ letter to the President of Italy and 20 other European and International figures:

“It is unacceptable that journalists, bloggers, and writers on both sides of the Atlantic should censor themselves by staying away from subjects of public interest such as the Meredith Kercher murder case and the Monster of Florence killings because of Prosecutor Mignini’s inability to tolerate the scrutiny that comes with public office.”

If you read the thousands or tens of thousands of articles and blogposts written on the Meredith Kercher murder case, you will quickly find that few persons censor themselves or hold back in their comments, starting off with the Perugia blogger.

Please do go to the blogger’s site. Compare it to this True Justice for Meredith Kercher site, which has a different, victim oriented focus, or to any other of the many sites, and newspaper articles which have been dedicated to this case.

Each one has its angle which it has freely developed. You’ll see that the only censoring carried out is the prudent censoring of unsubstantiated libelous claims which once in a while must be done to guarantee the ongoing unhindered success of the sites.

A study of the Perugian blogger’s posts and his own comments (in addition to the people who comment on his site) doesn’t lend credence to the belief that his voice has been somehow repressed or threatened.

Let me wind up with the words of Andrea Vogt, an objective, bilingual reporter who has been providing great coverage on the Meredith Kercher case, writing about both things positive and negative for Amanda Knox:

“In real life, prosecutor Giuliano Mignini is not at all as he’s been portrayed in the mainstream American media. He’s been vilified as a conspiracy theorist out to get anyone who dares criticize him. I’ve done it (in print and in person) and he’s been professional and dignified, even when he heartily disagreed.”

(Source: the New York Post.)

You can not imagine the abuse received by that reporter (and other valiant journalists who dare have an open opinion on the Knox-Sollecito-Guede trials) from certain pro-Knox sectors of the online world. In a separate story, this same reporter provides us with insight concerning threats pervading the discussion of this case:

“Police are investigating complaints from a Seattle woman who says she was intimidated and threatened online because of comments she made about the Amanda Knox case.

The unredacted Seattle Police Department report, obtained by seattlepi.com, names a primary suspect and quotes the woman as saying that that the suspect “˜is engaging in tactics meant to intimidate,’ along with “˜the tacit consent’ of Knox’s stepfather, Chris Mellas.
“¦. Perugia Shock is hosted on a California server and financed by an American firm, according to the Perugia-based blogger who covers the case and operates the site under the alias “˜Frank Sfarzo.’

While fans say his blog poses alternative theories rarely discussed in the mainstream media, critics say his minimalist moderation results in an out-of-control comment section where posters “out” those who wish to remain anonymous, track their ISP addresses to reveal their physical locations, pose as people they are not—someone posted as Meredith Kercher, the victim, once—and make threatening posts about each other, as well as about the major players in the case, including Knox, her family, journalists, lawyers and prosecutors.

“¦. A similar address, .(JavaScript must be enabled to view this email address), which is cited in the police report, was also used to send two vulgar messages to a Newsweek reporter covering the case in Perugia. The message, sent from a Blackberry device, ended with the postscript, “˜You sound like you were abused as a child.’

“¦. (True Crime blogger Steve Huff) has been particularly surprised by the network newsmagazines’ “˜pro-active efforts’ to smear the prosecutor while painting Knox as “˜some innocent pixie college girl.’ “˜There’s some larger statement afoot in that about American views and our culture of looks over authenticity, in my opinion,’ Huff said. Huff said his opinion about guilt or innocence in the case is still flexible—he can see both sides and thinks the case could go either way, but the vicious online harassment—present from the onset but particularly intense just prior to the start of the trial—prompted him to dial back his participation.

“˜It was so pervasive and distasteful to me that as a blogger and now as a journalist I’ve all but washed my hands of covering the case,’ Huff said.”

Read more on the Seattle PI website.

Now that surely is interesting. Maybe you should talk to longtime professionals like Steve Huff, and learn why the threatening environment of this case ““ specifically from the pro-Knox camp ““ made him decide not to continue covering it.

Contact independent, credentialed, widely read, knowledgeable, bilingual (English-Italian) journalists such as Andrea Vogt (Seattle Post-Intelligencer, New York Post and other publications) and Barbie Nadeau (Newsweek, The Daily Beast) who have been at most or all of the Amanda Knox trial sessions.

Read their work and you will see balance in the information provided, including both that which supports Amanda’s cause and that which is not favourable. Ask them about their take on the judicial and reporting scene in Perugia concerning this trial. Ask them about the threats or abuse they have received. Consider offering them protection if they request it (I have not contacted them on this, take it as a tip).

Beyond these two journalists in particular, you will be able to find more.

I think you will see that you will have to rectify your letter of last 19 April 2011, or at least comment that in the media circus surrounding this sad, sad case of a bright young English girl beloved by her family who was brutally murdered, there is more than meets the eye.

I will conclude by stating that:

  • In spite of collaborating on his website with Jim Lovering, one of the prominent leaders of the Friends of Amanda opinion-making lobby group, the Perugia blogger isn’t necessarily a member of that group, if the group actually has formal membership. I am in no position to state that (nor deny it). However, with Lovering/Wilkes by his side on his own blog, the Perugian blogger is very, very, very close to them.
  • nor is there evidence that the Perugia blogger is an element of the Gogerty Marriott pro-Knox PR campaign, a campaign which may use “tactics such as earned and paid media”.
  • However, in case that the Perugian blogger is an opinion-maker, or is simply caught up in an opinion-making framework, is he still to be protected by the CPJ? Can journalists ““ if the blogger claims to be a journalist ““ be lobbyists, or associated with lobbies and still benefit from the protection of the CPJ, if they actually are threatened? Would the CPJ protect FOA leader Jim Lovering / Charlie Wilkes who helps the Perugian blogger with his posts,  if Lovering/Wilkes claimed that Mignini had sent police to beat him up due to writings on the blogger’s Perugia Shock blog where Lovering/Wilkes is a collaborator?
  • of the examples you gave in the CPJ text concerning the supposed threats and abuse suffered by the Perugian blogger, the blogger’s own video of the event on 28 October 2008 seems to contradict your description of several national policemen approaching him and hitting him and pushing him (in front of Meredith Kercher’s family and preserved by the cameras of the press in the media scrum?). The example of national policemen looking over his notes in the press area at the back of the courtroom doesn’t seem to jive with the physical layout of the courtroom. The example of the Perugian blogger supposedly being beat up by policemen on 28 September 2010 may have happened (or it may have happened in another manner), but there is information lacking as to why these policemen showed up at the blogger’s door and which superior of theirs in the national police sent them. I see no link to Mr. Mignini there nor have you shown any. As far as motive is concerned, Mignini closed his investigation case file on the murder of Meredith Kercher three years ago. The case is out of his hands and now is at different levels of appeals in the courts. Why would he send a goon squad after the blogger?  (If anyone tells you that Mignini is an evil, satanic-obsessed, rogue prosecutor, then please tell them that they are mistaken, that role was assigned by a famous American writer years ago to an Italian policeman who the famous writer doesn’t talk about anymore.)
  • the insinuations that Mr. Mignini has some sort of private police force at his beck and call don’t fit in with the procedure-based workings of the relations between the Italian judiciary and the different police forces.

I would ask you that you reopen your investigation of this matter. I would exclude contact with persons who have a financial or any other interest in Mignini being painted in a specific light. And ““ as a good journalist ““ I would seek out “the other side” of this story.

I thank you for your time and attention. Please feel free to contact me if you require any further information or if I may be of assistance as you become more familiarized with this case.

Very sincerely,

Kermit

A Main Poster on TJMK (.(JavaScript must be enabled to view this email address))

Copied to:

His Excellency Giorgio Napolitano, President of the Italian Republic
Angelino Alfano, Ministro della Giustizia
José Manuel Barroso, Presidente della Commissione Europea
Herman Van Rompuy, Presidente del Consiglio Europeo
Baroness Catherine Ashton, Vice-Presidente della Commissione Europea e Alto Rappresentante dell’EU per gli
Affari Esteri e la Politica di Sicurezza
Viviane Reding, Vice-Presidente della Commissione Europea e Commissario per Giustizia, Diritti
Fondamentali e Cittadinanza
Neelie Kroes, Vice-Presidente della Commissione Europea e Commissario per la Digital Agenda
Jerzy Buzek, Presidente del Parlamento Europeo
Heidi Hautala, Presidenza del Sottocomitato sui Diritti Umani del Parlamento Europeo
Jean-Marie Cavada, Presidenza dell’Intergruppo per i Media del Parlamento Europeo
Thomas Hammarberg, Commissario del Consiglio d’Europa per i Diritti Umani
Ferdinando Nelli Feroci, Rappresentante Permanente dell’Italia presso l’EU
Hillary Rodham Clinton, U.S. Secretary of State
Michael Posner, U.S. Assistant Secretary of State for Democracy, Human Rights, and Labor
Philip H. Gordon, U.S. Assistant Secretary, Bureau of European and Eurasian Affairs
John Kerry, Chairman of the U.S. Senate Foreign Relations Committee
Richard Lugar, Ranking Member of the U.S. Senate Foreign Relations Committee
Ileana Ros-Lehtinen, Ranking Republican Member, U.S. House Committee on Foreign Affairs
Howard L. Berman, Ranking Democratic Member, U.S. House Committee on Foreign Affairs
Giulio Terzi di Sant’Agata, Ambasciatore Italiano presso gli Stati Uniti
David Thorne, U.S. Ambassador to Italy



[Above: Joel Simon of the CPJ, left, with “Frank Sfarzo”, Chris Mellas, and Doug Preston]


Thursday, April 21, 2011

Sad To See Anne Bremners Brother Doug Increasingly The Hottest Of The FOA Hotheads

Posted by Peter Quennell





Seattle lawyer Anne Bremner helped to bring the FOA alive and Michael Heavey into the talk circuit.

We have good reason to believe that a while back one of her brothers, Doug Bremner, thought she was taking things rather too far. But when Anne rose to major prominence in Seattle news last year, and not in a good way, she gave signs of retreating to the sidelines.

And now not only is Doug on his blog and twitter sounding hotter than Anne ever did - he also seems in unholy alliance with “Bruce Fisher” who runs his own muddled, sliming and largely fact-free campaign. 

As you can see described on PMF at great length in recent posts, Doug has got himself into a childish confrontation with a 16 year old blogger, Daric, who having actually read Massei and Barbie Nadeau on the case refuses to swallow the FOA kool-aid.

Now claims like these are appearing on Doug’s blog and twitter.

“Do not send your kids to Perugia. The judicial system and police are rated only above Iran and N. Korea. This is not safe for your kids.”

“Perugia and possibly all of Italy are a police state that is very dangerous without proper due process and rights.”

“Not an issue of nationalism or anti Italianism. This is a very serious issue. Italians have sloughed into a state where they lost freedom”

Hmmm. He seems to be channeling Preston & Spezi. Perhaps Doug and his commenters should check the real facts on the state of the Italian system.

In Italy complaints almost all revolve around it being too cautious, and thus too slow, and usually pretty lenient on the perps. Italians are mostly very proud of their system and almost never claim that it has gone haywire.

Here are some of its fundamental good qualities.

1) While Italy’s population is 1/6 that of the US its prison population is only 1/30 that of the US. It has no death penalty and its prison programs are considered among the most humane.

2) The checks and balances in the judicial system exceed those of any other country in the world and they are built into the (post WW II) constitution.

3) Cases usually pass through several magistrates’ hands before they ever go to trial, and Italian prosecutors have more hoops to jump through than any other prosecutors anywhere.

4) Prison sentences under three years are almost always suspended and in those cases no time is ever served.

5) Two levels of appeal are automatic, and usually convicted perps are free on bail throughout - and not regarded as convicted until the Supreme Court finally rules that they are.

And one other thing. If Doug is seriously trying to help Amanda Knox, he might accept that Amanda’s own lawyers have repeatedly asked for such sliming of the prosecution and the system to stop.

There is absolutely no sign that it works. And in fact the hard line taken in all trial outcomes and appeal outcomes so far may be indicating just the opposite.  .

Posted by Peter Quennell on 04/21 at 02:48 PM • Permalink for this post • Archived in Hoaxers from 2007Knox-Mellas teamHeavey, BremnerMore hoaxersComments here (16)

Monday, April 04, 2011

Today An Obsessional Group Rant About “No Evidence” By A Stacked Panel At Seattle University?!

Posted by Peter Quennell


Seattle University is a small Jesuit college just this side of Seattle’s downtown.

Today at 4:00 pm in the Pigott Auditorium, in what seems to us a seriously dopey and un-academic exercise, some of the most obsessed of the conspiracy theorists will assemble to peddle their illusions.

Two of the panelists, Paul Ciolino and Steve Moore, have been exhaustively debunked on TJMK in the past, and sooner or later we will probably turn our attention to debunking the other two: Mark Waterbury, and Candace Dempsey.

Our posts on the hotheaded faux detective Paul Ciolino are here, here, and here, and our posts on the hotheaded faux FBI murder investigator Steve Moore are here, here, here, and here.

The other two panelists, Mark Waterbury and Candace Dempsey, have authored slow-selling books which studiously ignore 95 percent of the evidence and mis-state the other 5 percent. Tom Wright of the Friends of Amanda Knox group will be presiding.

Would you like to attend, well-equipped with some questions? Ask these questions and these questions and these questions. Around 400 in all. Any reports would be appreciated.

Below: Seattle University President Father Steve Sundborg. Does he know what his film department is getting up to?



Thursday, March 10, 2011

Giuliano Mignini’s Seeingly Trumped-Up Conviction For Guessing Right In The MOF Case

Posted by TomM





We previously posted on the case here and here and here.

Giuliano Mignini became involved in the Monster of Florence case only years after many people had already come to believe a satanic sect in Florence might be behind the MOF murders. But he pursued it with a vengeance when a body that in 1985 mysteriously washed up on the shore of a lake in his jurisdiction showed signs of murder.

And when the crime fiction writer Doug Preston injected himself into the case under a pseudonym and appeared to be planting evidence, Mignini gave him a very brief shaking up and Preston timidly removed himself from the case and from Italy - to turn to inventing a whole lot of fiction about it from safely across the Atlantic. 

Here now is the fine Italian journalist Adriano Lorenzoni, describing The Strange Conviction of PM Giuliano Mignini by the prosecutor whose frustrated conversation was captured (the recording seemed to prove there was indeed a satanic sect in Florence) in objective terms that prove sympathetic to Mr Mignini.

Translation here is with the kind help of my fellow poster Clander.

The Perugian investigation of the instigators of the crimes of the Monster of Florence has, in effect, been stopped.

In January of 2010 the Public Prosecutor of Perugia, Giuliano Mignini, and the former head of the flying squad of Florence, Michele Giuttari, were sentenced by the Court of Florence on the charge of abuse of office in an investigation into some Perugians connected to the “instigators” of the crimes of the Monster of Florence. According to the prosecution’s theory, Mignini and Giuttari illegally wiretapped and investigated journalists and law enforcement officials to influence their activities.

These are abnormal proceedings, since the Public Prosecutor Mignini had been properly authorized by the Investigating Magistrate of Perugia to use wiretaps for his investigation, actions that he had the duty to carry out. Abnormal proceedings also because leading the investigation against Mignini and Giuttari was the same Public Prosecutor’s Office [Procura] that Mignini [PM di Perugia], had investigated the head of, Ubaldo Nanucci. Not by chance did Dr Mignini object to the jurisdiction of that Office [Procura] to carry out the investigation and raise objections of the legitimacy of the judgment. The Court of Appeal of Florence will hear the appeal next November 22 [2011].

This all springs from a recording made by Michele Giuttari of one of his conversations with a Deputy Prosecutor of Florence, Paolo Canessa, in which Canessa states that his boss was not a free man and admits to having been hindered by the then Prosecutor General, Ubaldo Nannucci, regarding the requests of Dr Giuttari into the investigation of the crimes of the Monster of Florence.

Giuttari [then] sent the recording to Mignini, who turned it over to the Prosecutor’s Office of Genoa which had been authorized to investigate the magistrates of Florence. Prosecutor Nannucci was then investigated [verrà  inquisito] for having slowed down, or rather obstructed, the investigation of the Monster of Florence. Genoa promptly dismissed [archivierà ] it.

Giuttari continued to complain to Mignini about the conduct of the police commissioner of Florence, De Donno who, as ordered by the Ministry of Internal Affairs, should have set up a new wire tapping room for the GIDES (serial crimes investigative unit) where Giuttari and his men were working [si erano sistemati]. De Donno never set up the new room [cosa che non fa]. Mignini charged him and sent the file to Florence.

A question comes to mind: where is the abuse of office in all of this?

It is also puzzling why there was such an apparent lack of interest in the investigations conducted by Michele Giuttari, even when they are not being obstructed. “The instigators must not be investigated because there are only conjectures, a fruitless waste of time,” Giuttari is told.

Astonishing. As long as the [lowlife] “snack buddies” are being investigated [for the MOF , all is well. It’s fine to investigate Pacciani, Lotti and Vanni; but when the investigation tries to produce greater results [si alza il tiro], problems start to arise. Michele Giuttari was even relieved of his post and transferred.

Prosecutor Mignini’s office is searched and documents from an ongoing investigation into the death of the Perugian doctor Fransesco Narducci are seized, documents which Mignini had without success objected were secret.

Another question comes to mind: why so much fear (in Florence and in Perugia) about the investigation of the death of Francesco Narducci?

According to the Perugian Public Prosecutor [Mignini], Francesco Narducci was connected in some way to the Monster of Florence case.  Giancarlo Lotti, one of the [lowlife] snack buddies, asserted that some doctor was given the amputated parts of a female body, in exchange for money.

Crimes, therefore, on commission [i.e. murder or mayhem for hire] by a doctor. A real doctor, not the mere pharmacist, Francesco Calamandrei, of San Casciano val di Pesa. Among other things, during the investigation it emerged that Calamandrei and Narducci knew one another. Narducci then died in unclear circumstances on October 13, 1985. Drowned in the waters of Lake Trasimeno. One month after the last murder committed by the Monster of Florence.

Suicide was claimed at that time. A truth considerably less than believable. So much so that while the Preliminary Investigations Judge [GIP], Marina De Robertis, dismissed the case for lack of enough evidence [con formula dubitativa] the hypothetical murder case against certain suspects (the journalist Mario Spezi, the pharmacist from San Casciano, Calamandrei, and others) and declared it time-barred, still, evidence exists of other crimes committed at the time: the concealment and abduction of a corpse and the falsification of numerous public records.

Moreover, since last April, we have been waiting to learn the reasoning with which, for different reasons, including claimed lack of evidence, the Preliminary Hearing Judge, Paolo Micheli, acquitted twenty people (including Narducci’s father and brother) of charges of forgery, criminal conspiracy, dereliction of duty, and concealment of a corpse.

Against this decision of the Preliminary Hearing Judge, Public Prosecutor Mignini will most likely file an appeal as soon as the sentencing reports are lodged which should have been lodged last July 20 [2010].

Mignini and Giutarri were acquitted of the charges of abuse of office (and Mignini also of aiding and abetting Giuttari) because it was not proven that any crimes were committed [i fatti non sussistono] (and the Florence Prosecutor’s Office did not appeal).

[The abuse of office charges] related to their so-called parallel investigations to those of the Genoa Prosecutor’s Office, which was investigating the former head of the flying squad of Florence for false acts [falso] due to the recording of the conversation with the deputy [Prosecutor] Canessa (of which we have spoken above) which, according to the indictment, had been tampered with. This investigation then led to the search of the office of the Public Prosecutor of Perugia [Mignini’s office] and the seizure of numerous investigation documents.

Needless to add that the proceedings against Giuttari and the two police officers concluded with a judgment of non-suit for absolute lack of foundation of fact, as proclaimed by the Genoan Preliminary Hearing Judge Roberto Fenizia. The “aberrant” conviction of Giuliano Mignini does not have immediate disciplinary consequences of any kind. The disciplinary proceeding is in fact suspended until the resolution of the criminal case on which it depends.

And Public Prosecutor Mignini is able to continue to carry out his functions, in trials of great importance and of international interest, such as that relating to the death of the English student, Meredith Kercher.


Page 2 of 3 pages  < 1 2 3 >