Category: 9 Mignini v Knox hoax

Tuesday, March 26, 2013

More Pervasive Myths We Will Nail In Our Various Hoaxes Series In Due Course

Posted by Our Main Posters

We hope you made it through those amazing Powerpoints on the case for guilt introduced in the post directly below.

We have created around two dozen other Powerpoints also. Here are all Kermit’s Powerpoints and here are all other Powerpoints.

Below are summaries of some more key and very pervasive myths which you can easily spot in today’s media in the US and UK (though never in Italy) which we will nail in depth soon in other longer posts.

The real hard truths can all already be found here on TJMK if you search for them. Please feel free to email us if you need some quick guidance.

1) That Knox and Sollecito maybe face a “retrial”

Rubbish. At most they face a re-run, done properly, of a poorly managed, legally and scientifically incompetent, and highly biased first appeal. It SHOULD look like any US or UK appeal: limited, fast, focusing only on a few points, no consultants, no witnesses, no attempt to run a new first-level trial.

2) That any such “retrial” is a case of double jeopardy

Rubbish. Under Italian law Knox and Sollecito still stand accused of murder and other crimes until the final appeal court (in this case the Supreme Court) signs off, so they were NEVER found “innocent, end of story” at first appeal level. There’s no question of double jeopardy; and the exact-same rules apply in the US.

3) That Amanda Knox was forced into “confessing”

Rubbish. This is the misleading label for her framing of Patrick Lumumba. She spilled the beans fast and vociferously (and repeatedly) after Sollecito who was being interrogated in another room sold her out and said she had made him tell lies. Interrogations were short, she had an interpreter, she was not interrogated as a suspect without a lawyer, and she had refreshments.

4) That all the DNA evidence was thrown out by Hellmann

Rubbish. Hellmann (who is now edged out in disgrace) and Zanetti were not criminal judges, and this was their first DNA case. They were totally at sea. By innuendo, two consultants, illegally appointed and ill qualified, tried to make out there was possible contamination. They proved nothing. They ADMITTED Meredith’s DNA was on the big knife and that Sollecito’s DNA was on the bra clasp. There was lots of other incriminating DNA evidence outside Meredith’s door.

5) That “the” prosecutor was rogue, satanist, and out of control.

Rubbish. The lead prosecutor at trial (Mignini) is straight as an arrow and very admired, and has no interest in satanism. His work was checked by a co-prosecutor, other prosecutors, and many judges. He is in line for a major promotion, and has no dark cloud hanging over his head. The Supreme Court TWICE came down strongly in his favor in the part several weeks, and he is about to be promoted to Deputy Chief Prosecutor for the Province of Umbria.

Final warning:

Disregard everything coming from ABC, CNN, and any Seattle TV station. They are highly biased for commercial reasons, they don’t know the case, and they have essentially been serial-lying to the American public.

Monday, February 18, 2013

Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented

Posted by Our Main Posters

Breaking news. The Chief Prosecutor for Tuscany Dr Quattrocchi (above and below) has taken this investigation of Sollecito behind the scenes. Dr Quattrocchi is actually under no compulsion to make any of the Perugia and Rome complaints public before his investigation is complete. He has ordered all documents removed from the public domain. This is specifically to give the defense and their PR no advantage, and to make sure those others in Perugia who are going to complain about being defamed do so without harm.

Overview

This is a contempt of court case as court officials have been impugned. This is Wikipedia’s definition of “contempt of court” under US and UK common law.

Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court’s authority.

Often referred to simply as “contempt,” such as a person “held in contempt,” it is the judge’s strongest power to impose sanctions for acts which disrupt the court’s normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial.

A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court.

We may now find out much more about the equivalent under Italian law.

When Raffaele Sollecito and Amanda Knox were released at the end of 2011, the prosecution filed a Supreme Court appeal within the allotted period. This automatically meant that Sollecito and Knox still stood accused of crimes until the Supreme Court finally signs off.

Typically Italian defendants in such a legal status get good legal advice, on the lines of “Shut up and keep your heads down. We need to be the only ones doing the talking here.” 

Here such advice may or may not have been forthcoming, but the public record strongly suggests it was not. In fact Sollecios entire legal team is credited by both himelf and his shadow writer Andrew Gumbel with helping. This is what Gumbel wrote in his Acknowledgments:

Donatella Donati in Luca Maori’s office gave up many hours to make the official documentation available and to present it all in a cogent order. She’s a largely unsung hero in this story and deserves recognition for her extraordinary efforts on Raffaele’s behalf. Giulia Bongiorno, Luca Maori, and Tiziano Tedeschi answered questions and made comments on parts of the manuscript.

In the same Acknowledgments Sollecito credits the following.

I was lucky to have a crack legal team who showed their devotion to the truth and, in some cases, did not even request payment. The team of lawyers and consultants included Adriano Tagliabracci, Francesco Vinci, Bruno Pellero, Francesco Introna, Giulia Bongiorno, Maurizio Parisi, Daniela Rocchi, Luca Maori, Donatella Donati, Marco Brusco, Aldo Poggioni, Delfo Berretti, Tiziano Tedeschi, and Antonio D’Ambrosio.

Interestingly, Luca Maori has already left Sollecio’s legal team, and all eyes are now on Giulia Bongiorno. Buy plenty of popcorn. Lawsuits could fly between lawyers and family. 

Since the end of 2011 Curt Knox’s forces seem to have have gone full steam ahead with their own vilifications of the Italian prosecutors, police, judges, and witnesses - in fact almost anyone who had any role in 2009 in finding them guilty, or came to believe that was a fair finding. Ourselves included.

In late 2012 Curt Knox apparently invited all the most fervent of these attackers to Seattle, including Frank Sforza and Bruce Fischer, as some sort of reward for their legally very ill-advised campaign. Buy plenty more popcorn. Lawsuits could fly here as well. 

Raffele Sollecito’s forces in Italy had been a lot more restrained.

But at a stroke, the shrillness of Raffaele Sollecito leapfrogged that of Amanda Knox’s forces, with the publication of his book Honor Bound by Simon and Schuster in English in the UK and US last September,

INSTANTLY the book became notorious in Italy, because excerpts were read out by an Italian reporter in New York on the national television show Porta a Porta. Raffele Sollecito’s father Francesco was on that show, and he was increasingly forced to admit a key claim in the book was invented. It simply never happened. His son made it up.

The false claim by his son that Francesco was made to repudiate - it reappears over many pages - concerned a claimed deal engineered by his family and offered by the prosecution to Sollecito.

The deal he claimed was to roll over on Amanda Knox, and if Sollecito did so, he would be home free.

Following the Porta a Porta show, the book (obtainable on UK Amazon, where many false claims are repeated in the reviews) began to make its rounds in Italy. It took some time before many official parties accused of crimes by Sollecito obtained copies and started to explore their own legal possibilities. They are apparently still far from finished.

At the end of last week, the Chief Prosecutor for Tuscany Giuseppe Quattrocchi received the first official request from Perugia, which is to investigate 12 very serious claims in the book against the prosecution and the legal institutions of Italy. The complaint nominates a number of witnesses.

The Prosecution office of Florence now has a maximum of six months to investigate whether there is a case against Sollecito and other named parties. If so, they will steer it through the hoops of the Italian process.

The potential ripple effects of this appear to us to stretch on and on. They could come to engulf both legal teams (credited in the book with helping) and all of the PR for both defendants. Sollecito’s publisher and shadow writer are specifically named in the complaint

If Amanda Knox is not let off the hook by the Italian Supreme Court late in March (the outcome we consider most likely, given the great strength of the appeal) the smart way for Knox to go in light of this could be to junk all her websites, her book, and her interviews, and throw her supporters under the bus. Plus maybe get smarter lawyers - the aggressive and inexperienced Dalla Vedova does her no favors.

Keeping Amanda Knox’s head out of this deadly new line of fire may be very late - but maybe better late than never.

Monday, January 21, 2013

An Overview From Italy #2: Current Perceptions In Italy, Justice Perverters Fail, Mignini Vindicated

Posted by Machiavelli

My previous report on the bad news remorselessly building here for the defense was on the Procura Generale appeal to the Supreme Court.

One year ago ““ between the end of December 2011 and beginning of January 2012 ““ there were only rare idle comments in the Italian press about the Meredith Kercher case, more or less sarcastically noting the “suspicious” circumstances of the Appeal trial.  I recall how a mention of the topic was dropped into the last number of “ll Venerd씝 of 2011.

“Il Venerdì di Repubblica” is the weekly magazine issued together with the newspaper “La Repubblica” (thus probably the most read magazine in Italy).

The cover theme of that week was provincialism ““ or better “the provincials” - the adjective used to assemble a sample of seven little cities (Cuneo, Voghera, Rimini, Jesi, Perugia, Benevento, Partinico), picked from different regions, and taken as examples on the theme, that is stories of “local colour”;  what goes on in small “provincial places”.  A few characters and stories are brought in to depict the local life of each place, and the voices of local authors adds something about the places.

The article about Perugia (at pages 62-68) was by Luca Cardinalini. In that number of Il Venerdì, having stories of “local colour” as weekly theme, there were shades of ironic tones for each city, often through the voice of local intellectuals. As Perugia is described, the Meredith trial is quickly recalled among its local stories; the reader can’t miss how this is viewed as in connection with another most remarkable feature of the city, that is Masonry.

According to Luca Cardinalini and Enrico Vaime, Masonry is called a “Specialty” of Perugia, like chocolate. Local author Enrico Vaime intends to convey the people’s perception about shady powers existing in the city, about a local environment saturated by plots and informal powers, as something behind recent strange judicial decisions such as the Hellmann verdict and the apparent dropping of the Narducci case.  The widespread belief of Perugians that the Public Minister (prosecutor) is the righteous one shines through the words of Enrico Vaime.

Also notice how racism appears to be another key perception about the verdict. Quality media press in Italy has a typical style of understatement.  This comment hints that it seems obvious that the Appeal was a racist verdict - and it was “expected” that they would find a way to blame the black one and the outcast. 

Some of Perugian “provincialism” seems to include a very narrow localism of Perugian identity: a person from Orvieto is reported to be called “a foreigner” ; but this is because the cultural viewpoint is based on the assumption of a personal knowledge of all people.  In among this, there is Vaime’s knowledge about how rooted Masonic tradition and power is in the city, in a scenario of “brotherhoods” and “tribes” (the article includes a photo of the most known “Masonic” monument in Perugia: the gryphon or griffen ““ the emblem of Perugia ““ grabbing a toppled Pope’s Tiara in a sign of rebellion). 

The report by Vaime is objectively correct : the concentration of members of Masonic lodges in Perugia is the highest in the world, about 5 times the national average of Italy (which is anyway very high). 

In Vaime’s wording decent people in Perugia are ‘Christians’ or ‘Communists’ ““ these are the names he uses to address the main categories he sees as “good” people, two transparent moral systems.  He devolves skepticism toward the less transparent allegiances, the murky and informal connections to powers. 

I believe these perceptions from one year ago, in this colorful article about Perugia, should be most interesting to the readers of this site.

The first part of the article on Perugia is not that interesting - it speaks mostly about a local character named Ivano Massetti, nicknamed “Savonarola of Umbrian football”,  the director (“boss”) of a local TV network and leading showman of his own soccer talk show. I skipped this first part with depictions of local folks, and get to the point at p.66 where the Kercher case is first mentioned. 

This is my translation of the article from this point:

[”¦](p.66 line 17):

As Enrico Vaime ““ a 100% Perugian, a writer, and among many other things fiercly provincial ““ already knows: “Only in Perugia do you hear people saying “actually Tizio [random guy] was not a native from Colombella, but from Piccione”, which is three times further”. And when his grandfathers (farther of his father) bearing the same name Enrico Vaime, moved his formal place of residence [to Perugia] from Spello, on the official documents they wrote “emigrated to Perugia and married to a foreigner from Orvieto”.

The roots are extremely deep. “Still today” Vaime says “when I say to my family “we go back home”, I mean here, in Perugia, where I have not owned a house for decades. And I still call the roads and shops with the names they had when I was a child, even if now the owners are foreigners, from Shangai or, as I say, from Terni”.

Vaime is cross with the bad reporters who described Perugia, in the Meredith murder case, as a capital of corruption and vice: “An invasion of charlatan journalists who, as they believed they were visiting a remote and lost province, they painted it as a sort of Chicago on the Trasimeno Lake”.

[The fact] that no Perugian was involved in that sad story, to them that was an irrelevant detail. And the trial ended just the way many Perugians expected: a black guy first wrongly put in jail, another black one convicted, the two white, good-looking, wealthy and well defended young people, free.

So it was that the Public Minister Giuliano Mignini became a target. He’s a Perugian whom the Perugians know as the dominus of the other judicial case ““ this also is, yes, entirely local ““ about which everybody talks and knows, but always in a low voice: the death of doctor Francesco Narducci,  the one suspected of having ties to the crimes of the Monster of Florence. From the judicial point of view that was - by half ““ just another hole-in-the-water [a failure] for which some critics have hastily put the blame on some alleged lunacy of the public minister.

But”¦  however”¦ meanwhile, this [Naducci] corpse-swap was indeed found to have been for sure, a kind of unique case in the criminal history of the country. And, for what concerns the recent acquittals of those characters involved in this death, well, after almost a year and a half we are still waiting for the verdict motivations. All of the suspects were esteemed high-class professionals. That’s a perfect mix of strange deaths, sex, lead-astray investigations, and Masonry; this is in the city with the highest number of Masonic lodges in Italy.

Vaime sighs: “Masonry is something alien from me, but I have many friends who are in it. In Perugia it works as a compensation chamber for various powers, but also as an effort for the surge of the spirit to many decent people. Masters, masons and “33”, but all of them decent Perugians”.  Masonry is considered a local specialty, just like the bruschetta or the Etruscan arch.

“One day you find out that that mediocre employee of your acquaintance, or the one who performed an incredible career in the public administration or in politics, is a “˜son of Horus’. Then you either laugh, or you slap yourself on the forehead just like saying to yourself “Wow! [how could I ] think about it!”. “That travet* [*a generic mediocre opportunist employee], too” 

Vaime says “to me it is a strange Perugian, with little interest for the Egyptian god compared to his covet for entering inner circles of a certain world. Their internal motivation is “I want to see how the lords sit at the table”. But in there [Masonry], you see, there are also good Christians and good Communists; as has always happened in this province, which has the art of living together in its genes”.

[”¦. ]

This month ““ Jan 2013 ““ the Italian press returned to the topic of the case again in a few brief articles. This time it was because of Sollecito’s book.

After Maurizio Molinari’s report from New York on the book in September, and the busting by Bruno Vespa on Porta a Porta of Francesco Sollecito, who ended up openly contradicting his own son’s statements, another hint appeared in the local press about what is cooking up backstage. 






This article in Perugia Today has a neutral take, but the same understatement and kind of vagueness as it anticipates that something very likely will happen.

What I find most delightful is the quotation marks in the title around the word “author” ““ journalist Nicola Bossi doesn’t believe for a moment that Sollecito actually wrote the book: 

Meredith Case: “author” Sollecito at risk of criminal lawsuit

The recounts about an alleged negotiation in order to pin the main charges on Amanda Knox, and unproven violence by the Perugia Police are under target. Mignini is considering criminal lawsuit.

Written by Nicola Bossi ““ Jan 4. 2013  

The Meredith case is not closed, and this despite books and movies almost tend to drop it after the acquittal in second instance of Amanda Knox and Raffaele Sollecito - who were convicted in first degree for the murder of the English girl that took place in Via della Pergola.

On upcoming March the 25th the Court of Cassation of Rome will have to decide on the request for a re-opening the trial, submitted by the Procura with the authorization of Public Minister Giuliano Mignini.

In the environment of the magistrates there is confidence about a [guilty] verdict that many ““ in Italy and in the USA - have heavily attempted to discredit. But from the same environments around them, they talk about a greatly serene Mignini making assessments about the next strategic moves, following the attacks directed against him ““ and against those in Law Enforcement who cooperated with him ““ contained in the book by Raffaele Sollecito.

An upcoming criminal defamation lawsuit is becoming more and more likely every day, especially about some particular paragraphs. The material published by Sollecito has already resulted in discussions and clamor above all about claimed negotiations [with the prosecution]  aiming to shift the blame onto Amanda alone, to be rewarded with his immediate release.

But there are also accusations against the Police about violence during his interrogations. “If you dare get up and walk, I beat you up in a bloody pulp and I kill you. I leave you in a pool of blood”. This is what you read in the book “˜Honour Bound’ issued in the US, as what Sollecito attributes to the Perugian officers.

“They wanted me to lie so they could frame Amanda”: this is the premise of the claimed negotiations claimed to indirectly involve Mignini too, which he always denied. Allegedly this would have been enough to get [Sollecito] out from prison soon, leaving the American woman in trouble.

So, these are grave accusations which Mignini apparently does not intend to let go unpunished. The criminal lawsuit is likely to be filed earlier than the date of Cassazione [25 March].

 

Another small piece of news is this article below published in Leonardo and written by Valentina Cervelli: 

It seems basically a “commented” version of the Perugia Today article. Cervelli adds a few polite lines on her own thoughts in this piece, published on the Bbooks page of Leonardo,it; this is my translation:

Is Raffaele Sollecito going be sued soon for “Honor Bound”?

By Valentina Cervelli -  6. Jan 2013

Are there troubles in sight for Raffaele Sollecito? His “Honour Bound” book is going well in the United States in terms of sales, but here in Italy it might be soon result for him in a lawsuit for defamation by the Law Enforcement forces and by the Public Minister Giuliano Mignini.

As we know already, in Honor Bound ““ My journey to hell with Amanda Knox and return Raffaele Sollecito has reconstructed the whole judiciary story from his point of view, telling in his autobiography what [he says] is his own truth.

On March 25 Cassation in Rome will decide on the [prosecution] request for the re-opening of the trial submitted by the Procura authorized by Giuliano Mignini, after the acquittal in the second instance of the two main accused, Sollecito and Amanda Knox.

The young woman has returned back to her country and we bet it’s going to be difficult, if not impossible, to get her back in our country even in case of retrial after Cassation and a possible conviction. But lets leave aside this possible dispute and lets focus on the book. In Raffaele’s book Mignini is iimplicated because he reportedly comes out discredited. In the material published by Sollecito in his book he even talks about alleged negotiations in order to blame Knox alone, obtaining in reward a quick release.

And what about the allegations of Police violence during interrogations? Of course we don’t get into the merits, but it seems obvious that parties that may be considered offended would tend to launch a counter-attack to defend their dignity and their work. At the moment no lawsuit has been submitted. But with much probability that will be done before the decision of Cassazione.

By now we can only wait for the publishing of the book in our country, in order to assess with our minds what Raffaele Sollcito has written and the “hot” material published in his made-in-the-US autobiography.

By the way; one thing Valentina Cervelli might get wrong is the purported good sales of Sollecito-Gumbel’s book.

The Amazon.com site is reliable as quick indicator of a product’s success;  the price of a new copy of “Honor Bond” on Amazon.com is now $ 3.51 (last week it was 3.76; the cover price is $ 24). It suggests sales are not quite as expected.  The drop speed is significant if you consider that the book has been out for only four months.

[Above: the Florence Palace of Justice]


While many honest magistrates seem to be working in Florence, there is still some strange behavior by one or two people in the Florence prosecution office.

Iin particular by the chief prosecutor there were some unexplainable decisions.  As people reading this site know, Giuliano Mignini and Michele Giuttari were convicted (of some of the charges) in the first degree trial in Florence. 

The motivations document was disconcerting because: besides the proof of their innocence on the main charge, what was described as the evidence on the remaining charge constituted extremely weak and vague arguments for what was claimed about Giuttari, while they were totally non-existent about Mignini. 

In the second instance appeal as we know the court completely crushed the trial case.

The case against them collapsed not because of a technicality, as the FOAs falsely claimed. In the figment of their imagination the Knox supporters erroneously thought that the Florence court had an “option” to overturn the case, to find Mignini and Giuttari innocent, but that they instead decided to pass the judgment on to some other tribunal.

The pro-Knox believers are probably also ready to believe blindfolded that there was some kind of evidence against Mignini.

The Knox believers are wrong. What in fact happened in Florence is something almost unique in a judge’s career. The first remarkable event was the decision by the Florence court of nullifying the first degree verdict. They did not simply overturn the verdict (neither change, or “reform” it as we say) since an overturning would imply acceptance that a previous verdict actually existed and was legitimate.

The cancellation was in fact an in limine act about the validity , which does not require an assessment about it correctness. The court went way beyond. In fact they nullified the whole trial, not only the previous one in terms of judgment, but also the preliminary hearing, and the indictment; and even the request of indictment. 

It is a legal outcome not comparable to a simple change or overturning because it is a ruling that the whole proceeding was illegitimate from the very roots. The investigation itself of Mignini and Giuttari was declared illegitimate. 

If elements were found for the opening of an investigation, the prosecutor would be entitled to carry on their duties, though the investigators should be from another territory.  This is important because the Florence court found evidence that people from the same office were involved in cases against Giuttari and Mignini, both as offended parties and as prosecutors. 

Because of a basic conflict of interest, the local prosecutors were incompatible and the Procura of Florence had no jurisdiction. Not even Genoa would be compatible.

Florentine prosecutors therefore had no right to bring cases against Mignini and Giuttari. The investigation files now must now be sent to the competent jurisdiction ““ where they should have been sent from the beginning ““ which is Turin; there other legitimate prosecutors will decide if and how there is anything to investigate about, and if there are any charges to bring against anyone.  The Florentine trials should have never taken place. The court ordered that the legitimate investigators are the Procura of Turin. 

In addition, they also ruled that the court of Florence would be an incompetent jurisdiction in any further possible case that stems from that investigation: since the competent prosecution is Turin, in case elements for the indictment of anyone for any charge are found, in the future, everything should go to a court in Turin ““ this, only if there will be any charge to bring to court . 

This decision in Florence was a total debacle for the Florence prosecutors.  It is in fact “politically” much worse than an overturning of a verdict. It is not just a like a different conclusion on the merit, it is the decision to take away even the investigation from them, a kind of implicit censure of their work as highly illegitimate.

But at this point in the procedings, something even worse and even more strange happened.  The Procura of Florence did something even more unusual, in fact unprecedented as far as I know. 

Apparently the Florence prosecutors are not happy at all to pass the investigation file on to Turin. For some reason they seem instead to want to do unnecessary and irrelevant hard work instead.  The Florentine prosecutors impugned the decision and revisited this at the Supreme Court against the Florentine judges.

This step is almost unheard of because the decision of the Florence appeal court is of a type that manifestly cannot be impugned at the Supreme Court. The recourse is obviously going to be declared inadmissible. If that submission was done by a private citizen, they would get a heavy fine for that.

Here it is a power in the Florence judiciary branch making this inadmissible move; for unknown reasons. 

I’d like to know the real motive behind the latest Florence move, the only effect of which can be a waste of time (and money), a delay, of at least one or maybe two more years, which only makes the failure of the whole proceeding against Mignini and Giuttari more likely due to lapse on an expiration terms.

I say “I’d like to know” but in fact one motivation stands out as obvious:  the whole proceeding against Giuttari and Mignini, from the first bringing of the charges at the lower courts, appeared as having a wasting of time among its purposes. 

One practical effect - maybe a practical purpose - of pushing the charges against Mignini, was taking the file about the Monster of Florence case links with the Narducci case away from Perugia. By this move, the Florentine prosecutors managed to factually put their hands on the Narducci-MoF file and remove it from the investigating powers in Perugia.

Another effect of this was delay. Now this latest move looks as if its purpose were to delay, as much as possible, the transfer of the legal documents to Turin.   

What is the ultimate event that, by all this, they seem to be seeking to delay?  I can’t know for sure, I can only guess; in fact, I have only one answer, which also stands out as something obvious for those who know a bit of the backstage: 

Giuliano Mignini is not an ordinary magistrate, he belongs to the Anti-Mafia Territorial Division of Umbria, and recently was selected for a further promotion by the Supreme Council of Magistrates.

In fact what is delayed is the advancing of Mignini’s career:  in fact he has been already promoted to a directive function; but, by the rules, his taking the post was frozen while awaiting the outcome and conclusion of the Florentine prosecution. 

Prosecutor Mignini is de facto already functioning as a prominent Magistrate in Perugia and considered as such; but formally he has not been given the directive power.  Several people ““ among them Spezi and a number of his journalist friends, but possibly also other much more important people too ““ are likely not at all eager to see Mignini awarded further power.

About the latest endeavor by Raffaele Sollecito, who became liable for criminal defamation by writing false allegations about Mignini and others in his book, I expect - as logically unavoidable ““ that several powers and subjects will basically have no option but taking legal against him.

There will be a strategic necessity to doing this in order to prevent extradition issues in the future, but also, above all, on principle, because Sollecito made false claims about public institutions that needt to have their names cleared.  Considering the kind of allegations against the judiciary as an institution, and considering that Mignini is a judge of the Anti-Mafia Division, this is the kind of lawsuit that I see as likely to be submitted on a national level, in Rome. 

If that is the case, it would not be the only strange thing that the courts of Rome will deal with.

It seems like there is a kind of “curse”  on proceedings related to the Narducci case. All sections of the Supreme Court which have been asked seem to have attempted to declare themselves “˜incompetent’ about re-opening the cases related to the Perugian doctor. The Cassazione is a huge office with a hundred judges working there, but maybe not so many of them are eager to deal with this case.

This could be only a coincidence. It only brings up to my mind, through a free association of thoughts, a more generic question ““ a personal question of mine ““ that is whether the words “Masonry” and “Politics” have an echo in Roman corridors too.

*****

Finally I want to add another significant piece of Italian news. 

The news a week ago was that the Procura of Florence is investigating a possible corruption/mafia plot involving construction enterprises and politicians that revolves around the building of a new high speed railway in Florence.

Some 31 people are being investigated and among them is the former governor of Umbria. A huge drilling machine ““ nicknamed the “Mona Lisa” ““ used to dig subway tunnels in Florence was sequestrated by the Procura. 

In the last couple of years Perugia’s prosecution office had a main role in fighting political corruption, but it seems that the Florence Anti-Mafia division is also active, just as it was in the times when the prosecutor Vigna worked with them.

Vigna was the one who first evolved the “secret sect” scenario in the Monster of Florence case, raising unexpected problems among the Procura staff.

Wednesday, December 12, 2012

Simon & Schuster Seem To Be Seriously Rattled Over Lack Of Due Diligence On Sollecito’s Book

Posted by Peter Quennell

See this emailed exchange which took place late today.

What Simon & Schuster’s agent is complaining about was a chronological reordering (behind the scenes and not linked to from the front page) of these many corrections here. Our Kindle and hardcover copies were legally purchased. Simon & Schuster put about 1/4 of the book on the front of their own website, and Google Books also carries about 1/4 of the book to read free.

Admittedly, our corrections may have been quite a shock. However, we didnt cause the book sales to tank. All of our past posts on Raffaele Sollecito’s book can be seen here.


*******


Mr Eraj Siddiqui
119 South B Street Suite A,
San Mateo, CA 94401

Dear Mr Siddiqui

Thank you for your “Verified DMCA Removal Request from Attributor” copied below.

The book you refer to appears to contain up to 30 instances of criminal defamation under Italian law and literally hundreds of wrong and injurious statements that are hurtful to many fine officials in Italy.

We have full legal rights to point out the myriad mistakes in the book. In fact a defamation of a prosecutor in the book has ALREADY been admitted on Italian national TV by the writer’s own father in Rome.

That Simon & Schuster apparently failed to do their legal and factual due diligence on the book prior to publishing seems to us to be absolutely nobody’s fault but their own. They are hardly new at this game.

Nice try, but sorry, no cigar.

Peter Quennell


*******


Dear Sir/Madam,

I certify under penalty of perjury, that I am an agent authorized to act on behalf of the Rights Holder identified below, the owner of certain intellectual property rights in the Work(s) identified below.

I have a good faith belief that the information contained in this notice is accurate, and that the page or material listed below is not authorized by the Rights Owner, its agents, or the law for use by the individual(s) associated with the identified page listed below or their agents.

To the extent that the Digital Millennium Copyright Act, the European Union’s Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions apply to your service, if at all, I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE ACCESS TO THE PAGE(S) OR MATERIAL(S) at the Infringing URL(s) identified below.

Note that in some cases the pages/material may have been removed after the sending of this notice but prior to your review.

My contact information is as follows:

Organization name: Attributor Corporation as agent for Simon & Schuster Inc.
Email: .(JavaScript must be enabled to view this email address)
Phone: 650.306.9474
Mailing address:
119 South B Street
Suite A,
San Mateo, CA 94401

Nothing contained in this letter or in any attachments constitutes a waiver or relinquishment of any right or remedy possessed by the Rights Holder, or any affiliated party, all of which are expressly reserved.

My electronic signature follows:
Sincerely,
/Eraj Siddiqui/
Eraj Siddiqui
Attributor, Inc.

*** INFRINGING PAGE OR MATERIAL ***

Infringing page/material that I demand be disabled or removed in consideration of the above:

Rights Holder: Simon & Schuster

Original Work: Honor Bound
Infringing URL: https://truejustice.org/ee/index.php?/tjmksollecitosbook/P0/
Infringing URL: https://truejustice.org/ee/index.php?/tjmksollecitosbook/P5/
Infringing URL: https://truejustice.org/ee/index.php?/tjmksollecitosbook/P10/

Saturday, October 20, 2012

Exploding Nightmare For Lawyers Of The Defense: Torrent of “Mistakes” In Sollecito’s Hapless Book

Posted by Sara

More and more and more wrong facts and libels are being turned up in Sollecito’s pathetic book, both by us here and by an irritated officialdom in Rome and Perugia.

Amanda Knox is rumored to perhaps be mentally unstable and figuratively locked in the attic in Seattle. Now Sollecito seems to have been disappeared back in Italy for his own good as well.

Sollecito’s own lawyers (who have in the past threatened to walk) and his own family have already thrown him to the wolves on Italian TV over just one highly libelous claim and there are an estimated two dozen more still to surface.

Not really a good idea to write a shrill “I’m the real victim here” book unchaperoned, when you have the smug mentality of a 12-year-old. The facts strongly against you. A very bright prosecutor. And a ghost writer whose slobbering over a laughably fictional Sollecito suggests he has a something of a boy-crush.

Raffaele Sollecito has made many stupid claims in his book, but perhaps none is so obvious and more idiotic than his claims about the “lost” emails.

What is it with this guy and the emails? He seems to think (or perhaps, thinks that the readers are stupid enough to believe) that if a computer or a hard drive is destroyed, all the emails in it are lost as well. Come on already, surely they taught him the mechanisms of email in his computer classes.

Look at his statements regarding emails. In chapter 2 (Love and Death) of his book, he describes the morning after the murder -

I’d been up several times in the night””listening to music, answering e-mail, making love””and wanted only to go back to sleep

Right, so he got up many times in the night to answer e-mails. You’d think that this would be his biggest alibi for the night of the murder, right? No, wrong. Raffaele could not prove his alibi because, in his own words -

I did not yet know that the Polizia Postale””supposedly experts in handling technology issues””had seized two of my computers along with Amanda’s and Meredith’s and somehow wrecked three of the four hard disks while trying to decipher them. The bottom line was that the damaged disks were now deemed unreadable. That left just my MacBook Pro to provide an alibi for the night of the murder.

But modern emails DON"T EVEN RESIDE on local hard drives unless one DELIBERATELY downloads them. And even if one does (and hardly anyone ever does) there rarely is reason to completely delete the original, and here there seems about zero reason to do that.

And even if the original IS deleted Facebook and email services have shown under legal pressure that they maintain complete backups going back many months. No way Sollecito’s supposed emails on the night could have been made to simply no longer exist.

Again, when he talks about Amanda and Meredith’s friendship, he says -

If either Meredith’s or Amanda’s computer had survived the police examination, there might have been photographs, emails, and other evidence to point to a more meaningful interaction

Here we go with the elusive emails again. Will someone explain the point of email to this guy? What difference would the local computers surviving or not surviving make to any emails residing on his host’s servers?

He actually has the nerve to criticize the Polizia Postale’s technical competence after making a statement to the effect that he and Amanda could not retrieve their emails as the hard disks were damaged.

Whether the hard disks were destroyed or not, whether it was the Polizia Postale’s fault or not is hardly important here. Admittedly, Amanda is not a “technical genius” (After all, she does not know how to delete messages from her sent items).

But what is stopping this resident technical genius from simply accessing his email box from some other computer or iphone, and printing out a copy from his sent items? Why doesn’t he ask even one of the happy recipients of his emails - by the way, who were they? - to forward it back to him?

Did all of them delete his mails from their in boxes and trash too? Even if we defy all logic and accept that they did, what’s stopping at least one of them from coming forward and testifying that they received a mail from him that night? Did all of them get selective amnesia at the same time too?

Similarly, if any emails that proved the “close friendship” between Amanda and Meredith existed wouldn’t they still be retrievable from Amanda’s mailbox? She could have printed a copy any time. Did she go around deleting all of Meredith’s mails the minute they arrived as well as her own replies to them, and clearing her trash box and all her host’s backups as well, just to be doubly sure they can’t be retrieved?.

Ok, let’s say the emails were deleted. What about the photographs? If there had been any photographs that would establish their “close” friendship, wouldn’t they be there on the camera or phone from which they were taken? Or wouldn’t either Meredith or Amanda have sent them to someone or posted them on their Facebook?

How did EVERYTHING vanish without a trace? If neither of them ever sent the photos to anyone or posted them online anywhere, or even kept them on file, you really have to wonder what was the point of taking them at all.

No one is claiming that Amanda and Meredith were at loggerheads all the time, they might even have gotten along initially. Meredith was not a person who judged people harshly. By all accounts, she did try her best to get along with Amanda, trying to include her in outings and defending her when she got into trouble.

It was Amanda who pulled away saying she wanted to socialize only with Italians. But the fact is that there were clashes and there were differences between them.  Trying to make out that they were the best of friends by claiming the destruction of non-existent proofs is not only unbelievable but also utterly stupid.

Like our main poster Hopeful summarized it: this claimed computer genius has never in four years been able to prove he sent an email? Ridiculous.

Thursday, September 27, 2012

Translation Of Dr Mignini’s Interview After Takedown Of Sollecito Book On Porta a Porta

Posted by Ziak.

This is my translation from the original In Affaritaliani

Giuliano Mignini, the prosecutor in the Meredith case, speaks: “No bargaining with Sollecito”

Tuesday, 25 September 2012

It has been claimed that Dr Mignini had seemingly bargained with Raffaele Sollecito in order that he would accuse Amanda Knox in exchange for a lighter sentence.

But now the prosecutor in the Meredith case, Giuliano Mignini, has chosen Affaritaliani.it as the forum to break his silence: “No bargaining. It suffices to read the book attentively to understand that I have nothing to do with it. I am disconcerted by this distortion of the facts.”

And further: doubts about Amanda’s guilt? “If I had them [doubts], I would ask for absolution. I have always believed in the responsibility of both of them.”

The pressure while awaiting the sentence was enormous: “I believe that trials should take place in the halls of justice, not outside”. Both Amanda and Sollecito have written books about the murder: “These are choices that each person makes, and for which they are responsible”.

THE INTERVIEW

by Lorenzo Lamperti

In the past few days, Prosecutor Mignini, it has been written that you apparently bargained with the family of Raffaele Sollecito, offering a lighter sentence in return for testimony against Amanda Knox.

“I must say at this point that I am disconcerted [dismayed] by this distortion of the facts. It suffices to read what Sollecito has written in his book in order to understand that I have absolutely nothing to do with it.

Furthermore, Raffaele’s father has denied the existence of any bargaining.

However, I continue to see newspapers which publish these things. Let’s forget about the American newspapers, over which it would be best to draw a pitying veil, however it surprises me that even here in Italy facts are talked about which have never been checked.

Sollecito’s father denied this live on television, and yet there weren’t even any starting points to support something [claims] of this sort.

Thus there was an exploitation is Sollecito’s account?

“That seems clear to me. And yet the event of the Kercher process was preceded by that of the Monster of Florence [the Cassation Court will deliver its verdict on 22 November, editor’s note]. That was what started everything: I never said anything, but I’m fed up, sick and tired at this point. There has been too much superficiality on the Meredith story.”

Raffaele Sollecito speaks of a lawyer who apparently bargained/negotiated with his family…

“These are merely conjectures on conjectures. And yet, I don’t understand how Sollecito’s account can have been interpreted as referring to me. Looking carefully at things, it could almost be said that it is me who is the person offended by a boast.”

Are you considering legal action?

“I have 90 days. I will consider it. Certainly, I must take note of Dr Sollecito’s denial.

What his son wrote, or at least, what the newspapers report, has not been libelous with regard to me. The problem lies in the interpretation of his text that has been made. It would suffice to read [the book] correctly in order to understand that we are talking of simple impressions, not of facts.

The only concrete references are made to a few persons who are not me.”

Therefore you rule out the existence of a secret bargain?

“Indeed! in the most absolute manner possible. What for, why after the conviction and the appeal request for life sentencing, would I seemingly started to negotiate?!  What would I negotiate about?

Thus you have never had any doubts about Amanda’s guilt?

These doubts don’t exist. If I had doubts, I would have asked for absolution. I have always believed in the responsibility of both these two.”

The Cassation appeal is also based on Amanda’s conviction for calunnia.

“This is one of the fundamental aspects of the appeal [our appeal against Hellman] which is moreover based on numerous other reasons. The appeal has been made very well. We’ll see what the Cassation decides on 25th March next year.”

The fact remains that a striking situation has been created, in which Rudy Guede has been convicted for contributing to a murder, but according to the courts there are no [other] contributors, or at any rate, Amanda and Raffaele are not contributors…

“Yes, yes. Indeed. Rudy Guede is convicted as having participated. Sollecito and Knox were acquitted. Furthermore, Rudy Guede, as we have seen, was not even convicted of having carried out the simulated break-in…

These are problems that arise with the fast-track trial system, when one part of the case is separated from the other part. This case, on the contrary, is a unitary whole [a single case].

There was very considerable pressure brought to bear on the trial process. Do you believe that it might in any way have had an influence on the sentence?

“I don’t know if it influenced it. I know that the Court had that idea, that conviction, which I don’t share. Certainly the pressure brought to bear was extreme. I believe that trials should take place in the halls of justice, not outside.”

You rashly spoke of an “almost predicted” sentence.

“Those who followed the appeal process can make their own assessments. According to us, the first instance sentence was correct and complete. We’ll see what Cassation decides, but, over and above the process I cannot accept certain insinuations.

I was exclusively made the butt of attacks. I remain dismayed, for example, when reference is still made to comments I denied having made years ago, in which I reportedly linked Meredith’s murder to satanic rites. This is something I never said, but which is still continuously written.”

Is it a case of errors, superficiality, or of something more?

It is no longer possible to talk of errors, because it has been years since I disclaimed those comments. At this point, the thing confounds me.”

Many people, faced with Sollecito’s book and the one by Amanda which will come out shortly, turn up their noses and consider it wrong to profit from a tragedy such as the murder of Meredith. What do you think?

“These are choices that each person makes, and for which they are responsible. I will limit myself to saying that the process is still under way, and we must await Cassation.”

Sollecito’s Book Honor Bound Hits Italy And Already Scathing Reactions And Legal Trouble

Posted by Peter Quennell

[Above: Sollecito’s father Francesco on Italian national TV being made to admit the book lied]

The Sollecito/Gumbel book is an “own goal”

In Italy the extremely inaccurate and hyper-aggressive book has already set themselves up for two kinds of trouble

The Gumbel and Sollecito book was released in English on 18 September 2012 and within ten days all of Italy knew that the book was a crock.

Sollecito’s own father and own lawyers Bongiorno and Maori have already been forced to admit the book contains serious lies.

Already the prosecution has indicated that they are weighing whether there might be new charges lodged against Sollecito.

Analysis Of 3 Claims Of Criminal Conduct

We focus on three claims by Sollecito and Gumbel of criminal behavior which have already been widely repudiated by the Italian press.

1. A deal was sought by prosecution to frame Knox

Sollecito’s own father Francesco was made to concede by the host and all other guests on the popular Porta a Porta TV show last week that Sollecito lied in claiming that the prosecution had sought a deal under which Sollecito would frame Amanda.

Such a deal would be illegal so Sollecito was falsely accusing prosecutors of a very serious crime. Francesco Sollecito backed down even more in some interviews later. One of Sollecito’s own lawyers, Luca Maori, immediately denied in obvious frustration that the offer of any deal either way ever happened, and Giulia Bongiorno soon publicly agreed. .

2. A long brutal interrogation on 5-6 November 2007

Sollecito has suddenly claimed in the book, nearly five years after he said it happened, in face of vast evidence including his own writings to the contrary, that police interrogated him over 10 hours, and abused and threatened him.

But he was demonstrably not ever interrogated over 10 hours, and he folded fast when they showed him his phone records, which contradicted his earlier alibis, and so he promptly laid the blame on Amanda.

The English translations of the lengthy court transcripts of those many who were present at the central police station on the night all coincide, and damn the version cooked up by Sollecito and Gumbel..

3. Deliberately wrong reasoning in the Galati appeal

All this trouble flows from half a dozen pages of Sollecito’s book made public in Italy!  Here now are several more pages not yet known about there (we will have many more) which our poster ZiaK has translated into Italian to help everybody to read. Sollecito ridicules both Dr Galati and his appeal. Let’s see:

• Dr Galati is recognised as one of the most brilliant lawyers in Italy, and he is a former Deputy Chief Prosecutor at the Supreme Court, specially assigned to Perugia because cases involving the central government are handled there when they are too hot to handle in Rome.
• Solllecito is of course a 28-year old student with a cocaine record and a long history of parental supervision who has never held a job in his life. He failed the entrance exam in virtual reality for the University of Verona but still has delusions of a career in computer games.

And surely Gumbel would never have got the job if Bongiorno and Maori had the opportunity to size up how wildly incompetent about the law and the case and and twisted in his mind about Italy he seems to be.

These ill-advised pages below show Sollecito’s and Gumbel’s profound ignorance of Italian jurisprudence, a total incomprehension of the wide scope of the appeal, and their contempt toward the advice from his lawyers.

Passages highlighted are wrong on the hard facts as shown in part 2 below.

1. What The Sollecito/Gumbel book claims

Judge Hellmann’s sentencing report was magnificent: 143 pages of close argument that knocked down every piece of evidence against us and sided with our experts on just about every technical issue. It lambasted both the prosecution and the lower court for relying on conjecture and subjective notions of probability instead of solid evidence. And it launched a particularly harsh attack on Mignini for casting aspersions on the very concept of proof beyond a reasonable doubt.

Mignini had dismissed it in one of his court presentations as a self-defining piece of linguistic trickery. Hellmann pointed out that reasonable doubt was now””belatedly””part of the Italian criminal code. A case built on probability alone, he said, was not sufficient and must necessarily lead to the acquittal of the defendant or defendants.

The prosecution’s rebuttal of the sentencing report, filed a couple of months later, was little short of astonishing.

It accused Hellmann of indulging in circular arguments, the old rhetorical fallacy known to the ancients as petitio principii””essentially, starting with the desired conclusion and working backward. The criticism applied much more accurately to what the prosecution and Judge Massei had done themselves; everything, even the absence of evidence, had been a pretext for them to argue for our guilt. But the author of the prosecution document, Giovanni Galati, chose not to dwell on such ironies. Instead, he attacked Hellmann””I wish I were joking about this””for resorting to deductive reasoning. Making yet more allusions to grand rhetorical principles, Galati said he had a problem with the appeals court taking the available evidence and seeking to make each piece follow on logically from the last. I take it he is not a fan of Sherlock Holmes.

Galati seemed incensed that Hellmann had found the “superwitnesses” unreliable. He argued that Hellmann’s problem with Antonio Curatolo, the heroin addict in Piazza Grimana, was not his failure to be consistent about the details of when and where he had supposedly seen us but rather Hellmann’s own “unwarranted prejudice against the witness’s lifestyle.” Galati even dared to embrace Curatolo’s argument that heroin is not a hallucinogen to insist he must have been telling the truth.

These arguments, to me, made a mockery of civilized discourse. I don’t honestly know how else to characterize them.

From my experience, I also know they are the bread and butter of the Italian legal system, the peculiar language in which arguments and counterarguments are formed every day. Not only do innocents go to prison with shocking regularity, while guilty people, equally often, win reprieve or acquittal; magistrates and judges who make the most howling errors rarely pay for their mistakes.

See Part 3 below for an Italian translation of the above, kindly supplied by main poster ZiaK.

2. Correctly explaining Cassation’s reasoning

Read all the posts here. Also read all the posts linked to here.

Italy’s excellent justice system is in fact exceptionally pro defendant, and prosecutors have to jump through more hoops than any other system in the world. Major errors and framings of innocent parties never make it through to a final guilty verdict.

Correctly understood in light of that system, there was nothing magnificent about the Hellman-Zanetti outcome. The Hellmann court is KNOWN to have been hijacked.

And these posts by Cardiol and James Raper show the report was written by two biased and wrongly qualified judges way out of their depth on both the evidence and the law.

Here is main poster Machiavelli’s explanation of what Sollecito.doesn’t get. The required logic Sollecito is ridiculing is intrinsic to Italian jursprudence (and US and UK jurisprudence) and is REQUIRED by the Supreme Court. 

In plain English, Dr Galati is saying that Hellmann-Zanetti ignored that requirement.

Instead, they illegally went cherrypicking, with an extreme pro-defendant bias up-front. Bold text here is to emphasize that.

2.  The failure to apply the inferential-inductive method to assess circumstantial evidence. This is a key point based on jurisprudence and is in fact a devastating general argument against Hellmann-Zanetti:

The appeal to Cassation’s jurisprudence on the circumstantial case originates from the fact that the Assize Appeal Court did not deploy a unified appreciation of the circumstantial evidence and did not examine the various circumstantial items in a global and unified way.

With its judgment it has, instead, fragmented the circumstantial evidence; it has weighed each item in isolation with an erroneous logico-judicial method of proceeding, with the aim of criticizing the individual qualitative status of each of them ..

Dr Galati accuses the appeal court of focusing on the quality of some pieces of circumstantial evidence, instead of their correlation to each other as the Supreme Court always requires. .

The appeal judges, in actual fact, deny that the probative reasoning and the decisive and cognitive proceeding of the court is to be found in the circumstantial evidence paradigm of the hypothetico-probabilistic kind, in which the maxims of experience, statistical probability and logical probability have a significant weight.

The court must reach a decision by means of the “inductive-inferential” method: it proceeds, by inference, from individual and certain items of data, through a series of progressive causalities, to further and fuller information, so arriving at a unification of them in the context of [13] the reconstructed hypothesis of the fact.

This means that the data, informed and justified by the conclusions, are not contained in their entirety in the premises of the reasoning, as would have happened if the reasoning were of the deductive type “¦ (..) A single element, therefore, concerning a segment of the facts, has a meaning that is not necessarily unambiguous.

Dr Galati cites and explains further:

The Perugia Court of Appeal has opted, instead, precisely for the parceled-out evaluation of individual probative elements, as if each [14] one of them must have an absolutely unambiguous meaning, and as if the reasoning to be followed were of the deductive type.

This error emerges from the text of the judgment itself, but the gravity of the error committed by the Court in its decision derives from the fact that even the individual elements had been acquired by the cognitive-decisioning process in a totally partial manner, isolating the sole aspect that allowed the recognizing of doubts and uncertainties in the element itself..

So Galati-Costagliola concludes ““ and this by now is obvious ““ that the Hellmann-Zanetti court followed a “deductive only” paradigm on pieces in isolation, instead of the “inferential-inductive” paradigm prescribed by Supreme Court requirements (1995).

Moreover, Hellmann-Zanetti applied a deductive paradigm of assessment only to some cherry picked aspects of the single isolated pieces of evidence, overlooking other qualities of the single piece (an example ““ my own ““ is the possible “contamination” of the bra clasp found on the floor in the murder room.) Ordering an assessment of the quality of any element as if it was a proof in isolation from the rest of the evidence is itself unlawful.

But Hellmann”“Zanetti also picked out of the evidence one aspect alone, for example it points to the theoretical possibility of contamination by touching from gloves, but does not consider the negative check results from the possible contamination sources. The interpretation of X-DNA from the bra-clasp by Vecchiotti in the conclusion is worded as if to ignore the results on the Y-haplotype, and so on.

So even single aspects/qualities of isolated items are further isolated from other aspects by Hellmann-Zanetti, and are assessed without looking for a relationship to the context. This is a core violation of the basics of jurisprudence in cases based on circumstantial evidence.

3. Italian Version of the passage on the Cassation appeal from Sollecito’s book

This translation is kindly provided by main poster ZiaK.

Il rapporto di motivazioni del giudice Hellmann fu magnifico: 143 pagine di ragionamenti serrati che demolirono ogni singolo pezzo di prova contro di noi, e che con riferimento a quasi ogni questione tecnica presero le parti dei nostri esperti. Il rapporto strigliò sia la pubblica accusa, sia la corte di prima istanza per il loro affidamento ai congetture e ai nozioni soggettivi di probabilità  invece di dipendere su prove solide. Perdipiù, il rapporto sferrò un attaco particolarmente severo su Mignini per aver denigrato il concetto stesso di prova oltre ogni ragionevole dubbio. Mignini aveva già  scartato questo concetto come un inganno linguistico auto-determinante nel corso di uno delle suoi presentazioni alla corte. Hellmann fece notare che il dubbio ragionevole fa ormai - tardivamente - parte del codice penale italiano. Una causa stabilita unicament su probabilità , disse Hellmann, non é sufficiente e deve necessariamente condurre all’assoluzione del imputato o degli imputati.

La confutazione del rapporto della parte dell’accusa, presentato in appello un paio di mese dopo, fu quasi una cosa sbalorditiva.

Accusò Hellmann di abbandonarsi a argomentazioni viziosi, in quella vecchia falsità  retorica conosciuta dagli antichi come petitio principii - cioè,sostanzialmente, partire dalla conclusione desiderata per poi andare a ritroso. Questa critica potrebbe essere applicata con molto più precisione a ciò che fecero l’accusa e il giudice Massei stessi: tutto - compresa anche la mancanza di prove - gli é servito di pretesto per dare appiglio agli loro argumenti sostenendo la nostra colpevolezza. Ma l’autore di quel rapporto della pubblica accusa, Giovanni Galati, scelse di non soffermarsi su queste ironie. Al contrario, preferii attacare Hellmann - io desideri davvero fossi solo scherzando su questo punto - per il suo aver ricorso al ragionamento deduttivo. Perdipiù, facendo ancora altre allusioni a grandi principi retorici, Galati si dichiarò insoddisfatto del fatto che la Corte d’appello avesse preso prove disponibili e avesse cercato di far seguire in modo logico un pezzo dopo l’altro. Devo supporre che Galati non sia un tifoso di Sherlock Holmes.

Galati sembrò furibondo che Hellmann avesse trovato inaffidabili gli “supertestimoni”. Sostenne che la difficoltà  che Hellman terrò a proposito di Antonio Curatolo, il tossicomane della Piazza Grimana, non fu la sua incapacità  di ricordarsi con coerenza i dettagli su quando e dove fossimo presumibilmente visti, ma piuttosto il “pregiudizio ingiustificato contro il modo di vivere del testimone” mantenuto del stesso Hellmann. Galati osò persino cogliere l’argomento di Curatolo, secondo il quale l’eroina non é un allucinogeno, per sostenere che Curatolo avesse dovuto dire la verità .

Tali argomentazioni, al mio parere, svuotino il discorso progredìto di tutte le sue valori. In onestà , non saprei descriverli in modo diverso. Nella mia esperienza, so anche che sono il fondamento del sistema giuridico italiano, e della la lingua particolare nella quale gli argumenti e controargumentazioni sono formulati ogni giorno. Non solo gli innocenti vengono incarcerati con preoccupante frequenza, mentre le persone colpevoli con altrettanto frequenza ottengono sospensione o assoluzione, ma anche i magistrati ed i giudici che fanno gli più strepitosi errori pagano raramente per i loro sbagli.

. 

[Below: Sollecito’s lead lawyer Bongiorno. Still in shock? She has made no statement yet on his book]

Friday, May 04, 2012

A Mischievous Defense-Inspired Global Hoax - To Deflect From Some Bad News?

Posted by Our Main Posters

[Left, editor Chris Blackhurst of the Independent, right, editor Tony Gallagher of the Daily Telegraph]


1. Examine first some key happenings at the Knox/Sollecito trial

Throughout the trial which began back in January 2009 the defense teams often seemed down or depressed or distracted or floundering.

Reports surfaced in Italy that one or two of them might even have considered walking. Knox defense counsel Luciano Ghirga was reported as nodding off or distracted. Sollecito defense counsel Giulia Bongiorno was photographed seemingly showing some exasperation with Sollecito and at zero notice she missed several days in court.

Amanda Knox’s testimony over two days on the stand in June 2009 was widely seen in Italy as a disaster. From then on many in the court and throughout Italy believed this seemingly callous, evasive, forgetful girl had to have had a role in Meredith’s death.

Having failed to attend to observe any of the key forensic tests at the Scientific Police labs in Rome, the defenses were able to introduce some forensic witnesses who testified that there might, possibly, somehow, be contamination in the collection and tests which they chose not to witness, but they never came close to showing how.

By the summations in November 2009 both defenses seemed to be seriously floundering. 


2. Fast forward to Friday 20 November 2009

What happened on 20 November might well have made it the defenses’ very worst day.

On that day during their summation the prosecution BEHIND CLOSED DOORS devoted an entire day to reconstructing how Meredith died and the events in the few hours before and since.

The presentation was closed because Judge Massei had ruled in favor of Meredith’s family to close the court to the media when any upsetting material was being presented. For example the results of the autopsy had been presented in closed court.

This resulted in the Massei judges and jury receiving a much more disturbing picture than the Italian public and especially the foreign publics ever did.

The Italian media pieced together what had been presented behind the closed doors on 20 November and Il Messagero and several other Italian newspapers published it several days later. You can read a combined summary in this post here.

To our knowledge none of that summary of events ever appeared in the US or UK media, so the full impact of the reconstruction felt by the jury and to a lesser extent by the Italian public was never felt at all by the US or UK publics.

This excerpt is from that post:

We have left out the depiction of the final struggle with Meredith, which is extremely sad and disturbing. In the evidence phase this was testified-to behind closed doors at her family’s request and we have never posted anything from those sessions….

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

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

23:30 - 23:45 Depiction in the timeline and computer simulation of a horrific struggle with Meredith

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

That simulation video was a second-by-second depiction of what the crime-scene specialists from the Scientific Police in Rome had concluded, from the position of Meredith’s body in the room, evidence traces and the placing of various objects, and the many wounds described in the autopsy.

It was extremely difficult and laborious to get just right, and every tiny movement of the four that it depicts in three-dimensional space had to be able to stand up unchallenged - as they did.

The fight with Meredith took a horrific fifteen minutes. It only ended when she was lying bleeding on the floor, her hands grasping her neck. She was locked in her room to die, with her keys and phones removed to make sure she could not save her own life.

This was not a minute or two of hazing and a slipped knife. The evident intention was to see her dead - and in the reconstruction it required THREE ATTACKERS to explain all the evidence points.

The prosecution never entered the video into evidence so it could not be leaked to the public (the Sollecito family already stood accused of leaking one video)  but the effect on the jury seems to have been profound and the defenses could do nothing to blunt it.

The lone wolf theory was well and truly dead in that courtroom and a perception of three attackers was well and truly alive. The defenses did what they could in their summations but they were unable to shake the perception of a depraved three-against-one attack.

A few days later a verdict was announced. By a UNANIMOUS verdict Sollecito and Knox were found guilty.


3. Fast forward to the first-level appeal before Judge Hellman in 20011

Judge Sergio Matteini Chiari, the most senior judge in the criminal division, was appointed to preside over the appeal.

He was very experienced at presiding over murder trials and appeals. What happened next surprised many among the judges and prosecutors and Italian reporters and the Italian public generally. From the Italian Wikipedia:

Although the Assize Court of Appeal was to be chaired by Dr. Sergio Matteini Chiari, Chairman of the Criminal Division of the Court of Appeal in Perugia, in circumstances not well understood Dr. Claudio Pratillo Hellmann, who chairs the Labor Chamber of the Court, has been called on to preside over the appeal court,

The judge to the side of the main judge, Dr. Massimo Zanetti, came from the Civil Section, and both had had limited experience with criminal trials both rather remote in time (only the cases of Spoleto and Orvieto).

Judge Hellman readily consented to the defense requests. First to re-examine several witnesses previously heard on the stand during trial (primarily Mr Curatolo) and two new ones (Alessi and Aviello) intended to show that Guede or Aviello’s missing brother could have attacked Meredith with unknown others.

And second to appoint two independent experts who would re-examine the DNA on the large knife found in Sollecito’s apartment and the DNA for which traces were collected in Meredith’s room and the methods used for processing them.

The examination of the witnesses seemed to end indecisively, but the vague suggestions of the independent consultants that there COULD have been DNA contamination - never proven - was accepted readily by Judge Hellman.

The reconstruction and the showing of the simulation which the trial jury sat through in later 2009 was not repeated by the prosecution at the first appeal in late 2011. Judge Hellman showed no inclination to sit through the full depiction of the day or the horrific 15-minute attack on Meredith.

So the explanation of all the evidence points in the room and on Meredith’s body was never solidly brought home solidly to Judge Hellman or his jury. In his verdict he overturned the outcome of the first trial, provisionally pending any Supreme Court ratification, and he handed Amanda Knox a three-year sentence for framing Patrick Lumumba.

Having refused to see the reconstruction, he could very torturously argue that the attack on Meredith could have been carried out by a single person. If he and his jury had actually watched the video, they could never have argued that.


4. Fast-forward to the grounds of Dr Galati’s appeal to the Supreme Court

The Umbria Chief Prosecutor’s grounds for appeal were spelt out by him at a new conference in Perugia on Monday 13 February 2012. The PMF translation team will soon have the full document ready in English.

The summary of the grounds for appeal below is translated from the Umbria24 report and to our knowledge NO English-language website except this one and PMF has ever reported what are the full grounds.

Meredith case: the prosecution appeals to Cassation: the acquittal verdict should be “nullified”.

For the Chief Magistrates of the [Umbria] Prosecution, “it was almost exclusively the defence arguments which were taken heed of”

By Francesca Marruco

The first-level conviction verdict was “complete and thorough” while the verdict of the second-level is “contradictory and illogical”.  For this reason, the General Prosecution of Perugia asks the Cassation to revoke or invalidate it.

“We are still extremely convinced that Amanda and Raffaele are co-perpetrators of the murder of Meredith Kercher” said the Chief Prosecutor of Perugia, Giovanni Galati and the Deputy Chief Prosecutor, Giancarlo Costagliola.

Verdict that should be revoked “The second-level verdict should be annulled/revoked….  There are precise reasons for revoking it”, Mr Galati went on to say. In the Hellman reasoning report on the verdict with which the second-level judges acquitted the ex-boyfriend and girlfriend “there are so many errors, and many omissions. There is inconsistency in the grounds for judgement, which brings us to nothing.”

“It is as if they had ruled ex novo [anew] on Meredith’s murder” added the Deputy Prosecutor, Giancarlo Costagliola, “basing their decision solely on the arguments of the defence.”

“Normally the appeal judge evaluates the reasoning procedure of the first-instance judge and compares it to new elements. But this one missed that out altogether: there is no comparison between the checks carried out in the first and second instances. Only what was carried out during the appeal was evaluated.”

Only defence arguments were taken heed of For the magistrates, in fact, the second-level judges “took heed, almost exclusively, of the arguments of the defence consultants or the reconstruction hypotheses that were largely to the benefit of the defense theses”.

The prosecutors who authored the appeal [to Cassation] also criticized the “method used”. “The first-instance verdict”, they wrote, “was summarized in just a few lines”,

“The verdict [which we] challenge completely ignored all the other aspects which corresponded with the accusation’s hypothesis, all the aspects which, on the contrary - as was seen in the reasoning report of the first-instance verdict - had been rigorously pointed out and considered by the Assizes Court [trial court] in its decision.”

“In examining the individual [items of] evidence, the challenged sentence has fallen into consistent procedural error in the weaknesses and evident illogicality of the grounds for its decision.”

Prejudice For the General Prosecution magistrates, the second-level [first appeal] judges appear to have shown “a sort of prejudice” with the “infelicitous preamble of the judge [the author], who is supposed to be impartial”, when he declared that “nothing is certain except the death of Meredith Kercher”, which to the others [Mr Galati and Mr Costagliola] is nothing more than “a resounding preview/forecast of the judgement” and a “disconcerting” affirmation.
 
The ten points The reasons for the appeal to Cassation which Perugia’s General Prosecution presented today against the acquittal verdict of Amanda and Raffaele are based on ten points of the second-level verdict.

The first is the lack of grounds for the decision, in the decree of 18 December 2010, to allow the forensic testimony/expert witness in the appeal judgement.

The second, in contrast, concerns a contrary decision: the decision to not allow a new forensic investigation requested by the prosecution at the end of the ruling discussion. In the appeal to Cassation it is written that the Appeal Court’s rejection reveals “contradictoriness/contrariness and demonstrates manifest illogicality in the grounds for the judgement/reasoning report”.

The other points deal with the decision by the Appeal court of Assizes of Perugia to not hear the witness Aviello, also the definition of “unreliable” [in the Hellman Report] with reference to the witnesses Roberto Quintavalle and Antonio Curatolo, also the time of death of Meredith Kercher, also on the genetic investigations.

As well as the analyses of the prints and other traces, also the presence of Amanda and Sollecito in via della Pergola, also the simulation of a crime [the staged break-in], and also the exclusion of the aggravating circumstance of the crime of “calumny”.

Missing assumption/acceptance of decisive evidence In the appeal to Cassation there is also mention of the “missing assumption/acceptance of a decisive proof”

In other words, of that proof [presented at trial court] which consisted of “the carrying out of the genetic analysis on the sample taken from the knife by the experts appointed by the Court during the appeal judgement, who did not carry out the analyses of that sample, thus violating a specific request contained in the [orders given to them] when they were assigned to the expert-witness post”

“In the second-level [Hellman] verdict”, the magistrates said, “the judges sought to refer to this in their own way, by speaking of an “experimental method” by which these tests/checks could be carried out.

But this is not the case”, said Deputy Chief Prosecutor Giancarlo Costagliola: “Dr Novelli [the prosecution’s DNA consultant at appeal] spoke of cutting-edge technology, not of experimental methods”.

So Dr Galati, himself formerly a deputy chief prosecutor at the Supreme Court who for years handled nothing but Supreme Court cases and knows what constitutes a sound appeal argument, argued that Judge Hellman had made ten serious mistakes. (Aviello claimed in court that he had been bribed; instead of investigating, Judge Hellman very quickly move on.)

But even worse, that Judge Hellman had illegally vastly expanded the scope of the appeal. And he had illegally appointed the independent DNA experts.

Because of Hellman’s alleged sloppiness and overreach, the defenses now stood to lose EVERYTHING they thought they had gained - and had been so noisily jubilant about, especially to the media in the US. An arrogance not taken kindly to in Italy at all.


5. Fast forward to English language press reports of the past few days.

Nick Squires may have been the first to carry the report quoting unnamed sources in the Daily Telegraph.

Two prosecutors in Perugia, where Miss Kercher was murdered, face accusations of wasting 182,000 euros (£150,000) of public money by commissioning a controversial 3D video which purported to show how the murder unfolded.

The contentious video, which defence lawyers said was based on circumstantial evidence, showed Miss Kercher being held down and stabbed to death by Miss Knox and her two co-accused.

The Leeds University student and her alleged murderers were represented in the 20 minute film by animated ‘avatars’. It was played on a big screen to the judge and jury in the original trial in 2009.

The National Audit Office is now investigating the prosecutors, Giuliano Mignini and his deputy, Manuela Comodi, on whether the video was a necessary part of their case.

If found culpable they could have to pay the money back to the prosecutors’ office.

Really? Accusations? Wasting? Controversial? Purported? Contentious? Now investigating?

Note that Nick Squires didnt name his sources. He didnt explain why he claimed the video simulation was controversial. (It wasn’t at all controversial at trial in 2009.) He didnt seem to know who had made the accusations or how or when they had been made or to who. 

He failed to mention that the video was played behind closed doors, and that the defenses had no comeback to it. He said it depicted Knox, though in fact it deliberately didn’t. He didn’t explain that the depiction of the fight lasted 15 minutes. He didn’t explain that the depiction of three attackers was overwhelmingly convincing to Judge Massei and his jury.

Nick Squires’s report was nevertheless comparatively brief and restrained in contrast to that of Michael Day which came next. His very much embroidered version was published in the UK Independent.  The accusatory tone and serious charges in Nick Squires’s and Michael Day’s reports were then picked up without checking by a large number of American and European media outlets.

See the reports here and here and here and here and here and here and here .

Note that not one of these reports was checked out in Italy, and that all these reports slam Mr Mignini (yet again) and indicate that this was an OFFICIAL accusation of “wasting public funds”.  Many US reports wrongly state that the British audit office is investigating.

Michael Day claimed that “Agostino Chiappiniello has said he suspects the two of inappropriately spending €182,000 (£148,000) on a crude and cartoonish 20-minute video,” 

Really? Agostino Chiappiniello, did you tell Michael Day precisely that?

Michael Day then states that “In both trials [Mr Mignini’s ] interventions were notable for the outlandish motivations and personality traits he attributed to the defendants. He promoted the idea that the murder was the result of a sex-game that got out of control, despite having little or no evidence to support the theory.”

Really? Actually Guede and Knox and Sollecito were all CONVICTED of a sex crime at trial, because to their judges and juries that is what the evidence inescapably pointed to.

And Michael Day concludes with yet another misleading statement (see above on Dr Galati’s appeal for the correct facts which he seriously garbles here.):

Judges at the Cassation court may only overturn the first-appeal verdict on technical grounds. Thus, no new evidence may be introduced and the prosecution’s room for manoeuvre is limited. The pair could not be retried for the same crimes.

Really? But nobody is talking about the pair being retried for the same crimes. This does not arise. Under Italian law they STILL stand accused of the same crimes as they were before trial back in 2009 until the Supreme Court signs off on their case.


6. Fast-forward to the ITALIAN reports of the past two days

Translation by our main poster Jools from an Umbria24 report, posted on Wednesday, which tells a very different story. 

[There was several months ago]”¦ a complaint from “a group of private citizens” who did not sign their names and surnames about an alleged misuse of public money….

No comment from the two prosecutors of Perugia, no comment on this news.

As we have learned the prosecutors have not received any legal papers regarding the investigation and they heard of the news from the press.

Who will pay? To decide if the expense was adequate for the State coffers will be the task of the prosecutor at the Court of Audits of Umbria.

Meanwhile if the Supreme Court were to overturn the judgment of the Perugia appellate court, the costs would be paid by the two accused [Knox and Sollecito].

If instead the Supreme Court were to confirm the acquittal, the bill for 182 thousand euros would be borne by the Italian State.

7. In summation

Quite a fizzle. The prosecutors are NOT quaking in their boots. They didnt even know about it.  And the full force of Italian justice does NOT have them under the microscope. 

• The anonymous complaint was filed over two months ago.  Nick Squires and Michael Day sure did not make that clear.
• If the enquiry is actually pursued (not at all certain)  then it is Amanda Knox and Raffaele Sollecito who could in fact be stuck for the costs (plus VAT) of producing the video. Nick Squires and Michael Day sure did not make that clear.
• The Corte dei Conti is not the equivalent of a criminal or civic court, it is essentially an investigating tribunal. Nick Squires and Michael Day sure did not make that clear.
• The Corte dei Conti has so far not accused anyone of anything, and it may never do so. It sure doesn’t seem to regard the matter as urgent. Nick Squires and Michael Day sure did not make that clear.
• In fact it has taken over two months to, well… not even assemble the evidence or bother to get in touch with Mr Mignini or Ms Comodi. Nick Squires and Michael Day sure did not make that clear.

On the same basis Judge Hellman could in theory be accused of incurring TWO huge cost over-runs.

• One for running his appeal court only on saturdays to suit just one defense lawyer, when the overtime costs to Italy became huge - substantially more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.
• And one for (according to Dr Galati) illegally appointing the two DNA consultants - the costs of that investigation to Italy became much more than the cost of the video. Nick Squires and Michael Day sure did not make that clear.

The reconstruction video is so powerful and accurate that it could,  if it is watched by the Supreme Court in Rome or a new appeal court in Perugia, be quite devastating to the defense of the two accused. This is because it depicts the full cruelty of the attack on Meredith - and it shows that THREE people had to have attacked her.

So who filed the anonymous complaint against Mr Mignini and Ms Comodi? And who used Nick Squires and Michael Day as puppets to make a private claim look official, and make that hoax go viral?  We are sure Dr Galati will have all the answers before many days go past. Calunnia charges might apply.

Someone must REALLY fear that Sollecito and Knox will be cooked if that video reconstruction ever gets shown again. Case closed? At one stroke.


[Below: Knox and Sollecito, who could be billed over $300,000 for the reconstruction video]

Monday, April 30, 2012

Does ANY Competent Lawyer Believe RS And AK Are 100% Innocent? If So See These Questions

Posted by James Raper

[Above: Knox defense legal advisor Ted Simon increasingly seems to have some explaining to do]

After 3 days and growing, unfortunately no sign that pro-innocence lawyers (if any) want to respond.  Mr Simon? Mr Barnett? Ms Nancy Grace? (Well perhaps not you)

The Italian, US and UK lawyers who guide TJMK (of which I am one) look around and wonder: why are genuinely-convinced pro-Knox lawyers (if any) still not comprehensively answering all the open questions?

I contrast this with the various media talking heads who have offered drive-by comments without a really deep understanding of the facts of the case or Italian law.

In the law of all three countries, defense lawyers don’t need to KNOW either way whether their client is guilty or innocent. They don’t have to come out with a complete scenario to account for all the facts and point to innocence that would be the counterpart to my scenario (powerpoints - wait a few seconds to load) seemingly accounting for all the facts, which is still an unchallenged case for guilt.

But a comprehensive rebuttal would do the hard-pressed Sollecito and Knox factions a big favor, and provide a much-needed framework for the media (which is posting many incorrect legal claims), and make the Cassation appeal and the book-writing by Knox and Sollecito so much easier.

Consider the ups-and-downs of the defense legal teams on the case,

It was clear in 2008 that her lawyers absolutely didnt like Knox speaking out, offering different versions that between them made her look distinctly guilty. They didnt like the anti-Mignini campaign run from Seattle and they publicly said so - when Mr Mignini was attacked by a main speaker at an event at Salty’s they actually spoke up and publicly defended him.

In December 2008 NBC TV aired an excellent Dateline report. The main legal talking head, Ted Simon, explained that this was a really tough prosecution case to beat, and that whacking down individual points of evidence would not win the case in the public eye (justice would not be seen to be done) and that only a complete alternative explanation of the crime would do.

At trial in 2009 the defense teams did what they could with a torrent of facts and two unpredictable clients. The cross-examination of Amanda Knox on the stand mid-year in the context of Patrick Lumumba’s alleged framing must have seemed a real low-point for them, as she came across as rather flippant and chilling, and she said a number of things that all defense lawyers would probably prefer that she hadn’t.

Through the publication of Judge Massei’s report the defenses seem to have been faced with an uphill battle.

In 2011 an experienced criminal-case judge was initially appointed to preside over the first appeal. But quite suddenly, to the surprise of many in Italy and the alleged unhappiness of the judge himself, he was removed from the case, and Judge Hellman was appointed in his place. 

Defence counsel would of course have had no role in that surprise change of lead judges for the first appeal, but from Day One of the appeal (spaced out to one session a week by Judge Hellman to suit one of them) the defenses seemed much happier.

The prosecution were now on occasion publicly hinting that they were now stuck with the uphill battle. The defenses now seemed the side energized and confident. But please note these three things which suggest that they knew they were not all-powerful.

1)  They appealed on very narrow grounds, essentially on some witness testimony and a small part of the forensic evidence, and they kept well away from the multiple alibis, mobile phones and computers, and forensic evidence in the hallway, bathroom, and Filomena’s room.

2) They never argued that Rudy Guede was the lone-wolf killer in the case (the surprise preference in his report of Judge Hellman) and even put their own witnesses Alessi and Aviello on the stand to in effect try to prove otherwise.

3) Knox legal advisor Ted Simon was reduced to arguing on TV that there was no evidence of Knox and Sollecito IN the bedroom, while never accounting for the mishmash of alibis or all the mixed-blood and footprint evidence just outside the door.

As Dr Galati’s appeal and public opinion in the three countries are showing, the defences may have mostly won the second battle, with Judge Hellman’s interim verdict and sentence (Knox was still sentenced to three years), but they seem to be falling far short of winning the war for the two clients.

Now the defences again face an uphill battle.

So here we go. An opportunity for any good pro-innocence lawyer to help to win the war for Knox and Sollecito. Forget the forensics for now. I offer these several dozen questions for you and/or Amanda Knox which, truthfully answered, might put many concerns to bed.

I will be happy to post here any real attempt at answering all of these questions by any qualified lawyer who is thoroughly on top of the case - or of course any attempt by Amanda Knox herself.   

1. Why did you not mention the 16 second 12.07 phonecall to Meredith’s English phone on the 2nd November in your e-mail?  When explaining why you made this call, please also explain why it was to the English phone rather than Meredith’s Italian phone which you knew Meredith used for local calls?

2. Why did you not mention this call when you phoned Filomena immediately afterwards?

3. Why did you make so little effort to contact Meredith again after being told by Filomena to do so. Remember the logged 3 and 4 second phone calls?

4. Why did you tell Filomena that you had already phoned the police when neither you, nor Raffaele, had.

5. Can you and will you explain the contradiction between your panic at the cottage (as described in the e-mail) and the testimony of all the witnesses who subsequently arrived that you appeared calm, detached and initially unconcerned as to your friend’s whereabouts or safety?

6. Why did you tell the postal police that Meredith often locked her bedroom door, even when it came to taking a shower, when this was simply not true, as Filomena testified?

7. Can you and will you explain why you did not try either of Meredith’s phones at the cottage if you were indeed in such a panic about Meredith’s locked door?

8. Can you and will you explain how you knew that Meredith’s throat had been cut when you were not, according to the witnesses’s testimony, a witness to the scene in Meredith’s bedroom after the door had been kicked in and, with the exception of probably a postal police officer or the ambulance crew, no one had looked underneath the duvet covering the body when you were there?

9. What made you think that the body was in the cupboard (wardrobe) when it was in fact to the side of the wardrobe? Were you being flippant, stupid, or what, when you said that? Do you think it just a remarkable coincidence that the remark bears close comparison to the crime scene investigators conclusions, based on the blood at the scene, that Meredith had been shoved, on all fours, and head first,  at the door of the wardrobe? She was then turned over on the floor and moved again. How did you know that there was any position prior to her final place of rest?

10. Will you ever be able to account for the 12.47 pm call to your mother in Seattle ( at 4.45 am Seattle time)? Do you remember this now because it was not mentioned in your e-mail nor were you able to remember it in your court testimony?

11. Why do you think Raffaele told the police ““ contrary to your own alibi that you had spent the whole time with Raffaele at his apartment ““ that you had gone out at 9 pm and did not return until 1 am?

12. Did you sleep through the music played for half an hour on Raffaele’s computer from 5.32 am?

13. Were you telling the truth when you told the court that you and Raffaele ate dinner some time between 9.15 and 11 pm? Can you not narrow it down a bit more? The water leak occurred, you said, whilst washing up dishes after dinner. Why then did Raffaele’s father say that Raffaele told him at 8.42 pm about the water leak whilst washing up dishes?

14. What was the problem about using the mop, rags, sponges etc already at Raffaele’s apartment, to clear up a water spill? Why was the mop from the girl’s cottage so essential and if it was, why not collect it immediately since it was just a short distance away?

15. Why, when you knew that you were going to Gubbio with Raffaele on the 2nd November, did you not take a change of clothing with you, if needed, when you left the cottage on the afternoon of the 1st?

16. Why did you need a shower at the cottage when you had already had one at Raffaele’s apartment the previous evening?

17. If you had needed one again why not have it at his apartment, in a heated apartment, before you set off, or on your return, rather than have a shower on a cold day, in a cold flat?

18. Why did you not notice the blood in the bathroom, and the bloody footprint on the bathmat, until after your shower? If the blood you then observed was already diluted and faded, how do you explain this?

19. Do not ignore your blood on the faucet. In your own testimony you said that there was no blood in the bathroom when you and Raffaele left the flat on the afternoon of the 1st.  What is your considered take on this now? Did your ear piercings bleed when having that shower or drying afterwards? If so, why were you not perfectly clear about the matter in your e-mail?  But then again you said that the blood was caked dry, didn’t you?

20. Why did Raffaele say that, on entering the flat with you, Filomena’s door was open and he saw the damage and mess inside, but you said, in your e-mail, that Filomena’s door was closed when you returned at 10.30 am? Did you subsequently look inside on that occasion, or not? It’s just that if you did, then why did you not mention the break in to Filomena prior to you and Raffaele returning to the cottage?

21. You are a creative writer so please explain. What is the point of the word “also” in the following extract from your e-mail? “Laura’s door was open which meant that she wasn’t at home, and Filomena’s door was also closed”.

22. In your trial testimony you mentioned shuffling along the corridor on the bathroom mat after your shower. From the bathroom to your room.  Because there was no towel in the bathroom. You had left it in your bedroom. Then back again. Why is this not mentioned in your e-mail?

23. In your e-mail you stated that you changed for your shower in your bedroom, and then afterwards dressed in your bedroom. That makes sense. What you don’t explain is why, if you towelled and dressed in your bedroom, there was any need to shuffle back to the bathroom on the bathmat. Why not just carry it back?

24. But why, in the same testimony, did you then change your mind as to where you had undressed for your shower? Not in your bedroom - saying so was a mistake you said - but you did not say where. Some people might think, uncharitably, that your change of mind was necessary to incorporate the double bathmat shuffle.

25. Were there any things that you disliked about Meredith? Be honest because we know from her English friends and other sources that there were things that she disliked about you.

26. Why are pages missing from your diary for October?

27. Once again, and this time so that it makes some sense, please explain why you permitted the police, on your say so, to believe that poor Patrick Lumumba was involved in Meredith’s murder.  Clearly, had you been at the cottage you would have known that he was not, and had you not been there you could not have known that he was.

There are actually over 200 open questions on this site, and I can think of others, but I consider these between them to be the core several dozen that relate to the quirks,contradictions, omissions and inconsistencies in Amanda Knox’s own account and behaviour. Answer all of these and in the public eye Amanda Knox really could be home free.

Thursday, March 22, 2012

No, Book Agent Sharlene Martin, Your Client Raffaele Sollecito Really IS A Hot Potato

Posted by Peter Quennell

[Above and below: Verona in north Italy where Sollecito is accepted by the university for a masters degree]


Los Angeles book agent Sharlene Martin posted this gung-ho comment on a Daily Telegraph thread (presently page seven) late Sunday night UK time.

I couldn’t be happier for Amanda Knox getting $4M for a book deal.  What happened to her and Raffaele is a sin.  BTW, I represent Raffaele for his book that we’re working on. 

There is no restitution for wrongful conviction and both families incurred absorbent costs to help exonerate them so good for them if they help recoup the lost monies.  They’ll never recoup the lost time of 4 years in prison.

She posted that at just about the same time we posted (post below) on the various hot-potato qualities of Raffaele Sollecito.  Since then… no further word.

In terms of the book’s sale to a publisher she may not have much to worry about.

For this reason the deal is probably set in stone: Simon and Schuster are a fully owned subsidiary of CBS Broadcasting, which has gone to eye-popping lengths (post on this soon) to remain in bed with the Knox-Mellases.

The content of this ill-considered book might be a lot more problematic. Sharlene Martin might still believe that there are just a few open questions, easily accommodated to by the FOA talking points. In actual fact there are hundreds.

And the FOA have studiously stayed away from creating the alternate-universe scenario that Sollecito and Andrew Gumbel must now create, if they don’t want to end up as the laughing-stock of the western world.

This is a road-map of the Sharlene Martin-Andrew Gumbel-Simon & Schuster minefield.

• Here is the Machine’s list of 10 lies uttered by Sollecito which was posted three years ago and so far never challenged.


• Here is Kermit’s list of 150 questions which so far have never been answered by either of the formerly convicted perps.


• Here is Kermit on Sollecito’s footprint on the mat which Judge Micheli and Judge Massei accepted and Judge Hellman only weakly and possibly illegally rebutted.


• Here again is the Machine on RS’s various alibis the strange arc of which two years later is still unexplained.


• Here is lawyer SomeAlibi’s list of evidence points of a year ago which Hellman weakly rebutted or ignored and which still call for convincing explanations.


• Here is lawyer James Raper’s presentation with Powerpoint artwork by Kermit of the ONE convincing scenario that the evidence still points to.

Hmmm. Lotta questions to be answered in a hurry, if the book is to stir a wave of sympathy or outrage to stop the Italian Supreme Court punting the case back to Perugia to get it right this time around.

Above and below are images of the northern Italian city of Verona. It has the largest and best preserved intact Roman ampitheater in the world. It also has a very good university.

Possibly legitimately or possibly by way of strings pulled by his father, Raffaele Sollecito had gained a place in a graduate class at the university there for the Department of Computer Science’s masters degree in computer engineering. 

In January Sollecitos father made several statements from Bari to the effect that Raffaele really was done with Amanda and dreams of visiting Seattle and would soon be headed for Verona to complete that postgraduate degree.

Rather suddenly, less than two months later, Raffaele is headed for Seattle, with his father and sister seemingly in hot and unexplained pursuit. Microsoft is suddenly mentioned as a firm which will interview him, masters degree or no masters.

So what happened? Well possible one explanation might be found in the comments area of every recent Italian report which allows them, which suggests that just about 100 percent of those posting don’t really like him.

That Italians dont really like him and are even inclined to physically take after him is also well illustrated in this story which we posted 18 months ago.

Sollecito was in the very modern solar-heated Terni prison for most of last year.  He was moved back to Capanne this year just before the trial, amidst his loud complaints that Capanne lacks the internet connections for his computer-science homework.

Sollecito has just received word that he failed the virtual-reality entrance exam that he took at Verona University last March.

When he was being transported there in a police van for the exam, he was yelled at by an angry crowd when the van stopped at an autostrada rest-stop for what Americans call a bathroom break.

He was bundled back in, and the police van took off in a hurry. No bathroom break? That must have rattled his exam-taking composure, that is for sure.

Another possible explanation is that Sollecito is putting half a world between himself and Italy, because the Sollecito-Knox-Mellases realize that in light of Dr Galati’s formidable appeal that legally they are cooked.

Lots of good interview questions for Microsoft above. And a suggested new subtitle for “Presumed Guilty: My Journey to Hell and Back with Amanda Knox” ?

“Oops. This book idea really wasn’t very smart.”

[Below: A Verona audience waits in ampitheater for Sollecito to be fed to the lions, if they’ll have him]