Category: 16 Interrogation hoax

Wednesday, February 27, 2013

Disarray And Decay In The Pro-Knox Parade: Bruce Fischer’s Epidemic Of Malicious Claims

Posted by The Machine




The Knox supporters’ leader-of-the-parade spirals up

Back in October 2008, in our first long post ever on Meredith’s case, Skeptical Bystander highlighted the crazed pro-Knox attack sharks that were starting to appear on Candace Dempsey’s blog.

Psychologists warned us that a competitive leader-of-the-parade spiral was wittingly or unwittingly being encouraged by the Curt Knox/David Mariott/Anne Bremner campaign, and that this could be far from the worst we’d see.

Sure enough, late in 2008, Frank Sforza (timidly posting anonymously as “Frank Sfarzo”) did a u-turn on his blog Perugia Shock from nicely supporting Meredith and the prosecution to angrily supporting Amanda Knox and vilifying the prosecution and pro-Meredith sympathizers. (A u-turn for which he now pays dear.)

At a West Seattle Knox fundraiser in January 2009 a really angry Paul Ciolino wowed the crowd with red meat. He attempted to leapfrog all the other pro-Knox hotheads with a vicious personal attack on the prosecution. Ciolino sounded so crazed that even Amanda Knox’s defense lawyers had to distance themselves from him.

Soon after, Doug Preston, long a timid sniper safe on the other side of the Atlantic from Italy, published his angry, error-ridden Monster of Florence with its surreal Afterword on Meredith’s case.

From that point on, slamming the Italian police and police experts and prosecution without any restraint (for which there has been zero parallel in US or UK legal history) became a cowardly passion across the Atlantic which any ill-informed hothead could play. The Italian MP Rocco Girlanda next leaped to the head of the parade with easy access to Knox in prison, and some of his slobberings were so bizarre that even the Knox-Mellases for once thought to check that supporter out.

Fischer attempts to elbow his way to the front

First mention of “Bruce Fisher of New York” on Perugia Murder File was in a comment by myself on 7 March 2010. Even back then, Fischer had a whole handful of basic facts about the case wrong but heeded no advice.

Fischer arrived after the 2009 Massei trial was done, and from that time on he tried to absolutely dominate the pro-Knox parade. His fundamental effort is to muddy the water on the hard evidence and inflame American public against Italy and its cops, court, and ustice officials.

Such inflammatory actions are in fact illegal under Italian law and especially so when very senior justice officials are falsely accused of crimes.

Fischer wrote a joke of a book, the very worst on the case. He has posted endless badly-written posts on his own websites and forums, with no correction when they proved wrong.

He also posted endless badly-written posts on other blogs and group blogs like Technorati (evicted), Gather (evicted) and Ground Report, with no correction when they proved wrong. And he posted dozens of videos on Youtubes with no correction when they proved wrong.

Fischer set out to hijack the Amanda Knox Wikipedia page, which to knowledgeable Italians now looks absolutely bizarre. He recruited a raft-full of confused and uncurious nitwits like Steve Moore, Nigel Scott, Ron Hendry, David Anderson, Saul Kassin, and Michael Wiesner.

All of them are now lesser people than they once were.

Fischer is clearly a clinically deeply angry man (he has in his past little education, a disaster of a career, several bankruptcies, and a house repossession) so not unexpectedly most of Fischer’s prolific output has been in the form of vicious personal rants.

Revealed 18 months ago to be merely Bruce Fischer, a shop assistant in a mall store on the far outskirts of Chicago, with not a single honorable accomplishment to his name, he chilled somewhat. But his personal rants all still remain online, and so does his epidemic of wrong claims.

Lately he has been trying frenetically to shore up the edifice of the seemingly unstable Frank Sforza. Sforza is now on the run from the American law and facing several trials in Italy; Sforza’s own site has fled behind the scenes.

This first post in the series nails 20 of Fischer’s malicious claims intended to inflame public opinion against the police and prosecution which he has long pushed hard on his websites and other websites and forums.

Bruce Fischer on Amanda Knox’s interrogation

On his website under the heading The Illegal Interrogation of Amanda Knox, Bruce Fisher gives what appears to be a very detailed eyewitness account of what happened to Amanda Knox when she was questioned at the police station on 5 November 2007.

The problem is Bruce Fischer wasn’t actually present when Knox was questioned and he doesn’t know what happened. His account is repeatedly contradicted by numerous witnesses who were actually present. These witnesses include Amanda Knox’s interpreter, Anna Donnino, numerous police officers from different units from Perugia and Rome and Amanda Knox.


Malicious Claim 1: Amanda Knox repeatedly told the truth

Bruce Fischer’s claim that Amanda Knox repeatedly told the truth is complete and utter nonsense. Even a simpleton could understand that Amanda Knox’s repeated claims that Diya Lumumba killed Meredith are not true and that it’s not possible for her to be in two different places - Sollecito’s apartment and the cottage on Via della Pergola - at the same time.

Judge Micheli, who presided over Rudy Guede’s fast-track trial and sent Knox and Sollecito to trial, noted that they had given multiple alibis and had lied in attempt to cover for each other.  The mobile phone records, the data recovered from Sollecito’s computer and the corroborative eyewitness testimony provide irrefutable proof that she lied repeatedly.

Judge Massei outlined numerous examples of these lies in his report: she falsely claimed she received a text message from Diya Lumumba when she was at Sollecito’s apartment (322); there are various discrepancies in her statements about the time she and Sollecito ate dinner (78); her claim that she and Sollecito had a peaceful night of continuous and prolonged sleep is contradicted by Sollecito’s activity on his computer, the turning on of his cell phone and the testimony of Marc Quintavalle (85).

Even Amanda Knox’s lawyer, Luciano Ghirga, conceded that she had given conflicting accounts to the police:

All of the lawyers have imposed on Amanda the gravity of her situation, and the gravity of accusing other people. They have all told her that she needs to tell the truth because there have been differences in the statements.

According to Anna Donnino, her interpreter, she denied responding to a text message from Lumumba.

She had denied responding to an SMS message from Mr Lumumba telling her there was no need to come to work because there were few customers, leaving her free for the evening. But she broke down when police said phone records showed that she had done so, Ms Donnino said.


Malicious Claim 2: The interrogation of Amanda Knox was illegal

No court in Italy has ever ruled that any of Amanda Knox’s questioning on 5 and 6 November 2007 was illegal. This explains why Bruce Fischer is unable to support his claim with any reference to a court ruling.


Malicious Claim 3: Amanda Knox was told Diya Lumumba killed Meredith and she did not give Patrick’s name to the police. His name was suggested to her.

According to the corroborative testimony of multiple witnesses, including her interpreter Anna Donnino, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.

After hearing and weighing up the testimony of these witnesses and Amanda Knox, Judge Massei stated that it couldn’t be claimed that “Amanda Knox was persuaded by the investigators to accuse Diya Lumumba aka Patrick, by means of various pressing requests which she could not resist.” (The Massei report, page 388.)

He noted that there had been “no corroboration of the pressing requests which Amanda was seemingly subjected to in order to accuse Diya Lumumba of the crime committed to the detriment of Meredith.” (389).

Judge Massei concluded that Knox had freely accused Diya Lumumba of Meredith’s murder.


Malicious Claim 4: Amanda Knox was slapped on the back of the head.

All the witnesses who were present when Knox was questioned, including her interpreter, testified under oath at the trial that she wasn’t hit. Even Amanda Knox’s lawyer, Luciano Ghirga, distanced himself from these allegations:

There were pressures from the police, but we never said she was hit.


Malicious Claim 5: This abuse went on for hours until Amanda was finally broken.

Leaving aside Fischer’s unsubstantiated claim that Amanda Knox was abused for hours, she was questioned for approximately 2 hours and 45 minutes on 5 November 2007. According to Barbie Nadeau Amanda Knox’s questioning started at about 11.00pm:

Since Knox was at the police station, the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m.

Knox questioning was stopped at 1.45am when she became a suspect and made her first witness statement. She wasn’t actively questioned again that night. Mignini later witnessed another statement but no questions were asked.


Malicious Claim 6: Amanda Knox was suffering from extreme exhaustion with no food or water.

A number of witnesses who were present when Knox was questioned, testified that Knox was given something to eat and drink. Even Amanda Knox admitted this was the case in court.

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

Also from Richard Owens in The Times.

Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

John Follain in his meticulous book Death in Perugia also reports that Knox was given food and drink during her questioning:

During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks including camomile tea. (Death in Perugia, Kindle edition, page 134).



Malicious Claim 7: The Italian Supreme Court stated that the interrogation was illegal because Amanda did not have an attorney present.

The Italian Supreme Court has never stated that Amanda Knox’s questioning on 5 November 2007 was illegal. Bruce Fischer eventually admitted this was not true on PMF.net

When it comes to the admissibility of the written statements, you are technically correct. The interrogation itself was never ruled illegal.

However, he still hasn’t corrected this Malicious Claim on his website.


Malicious Claim 8: Sollecito couldn’t support Knox’s alibi because he was sleeping.

Bruce Fisher’s claim that Sollecito was only speaking about when he was sleeping is completely contradicted by Sollecito’s witness statement:

Amanda and I went into town at around 6pm, but I don’t remember what we did. We stayed there until around 8.30 or 9pm.

At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner. (Aislinn Simpson, The Daily Telegraph, 7 November 2007).

Police said Raffaele Sollecito had continued to claim he was not present on the evening of the murder. He said: “I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call and I stopped only when Amanda came back, about one in the morning I think. (The Times, 7 November 2007).

At the trial, Sollecito refused to corroborate Knox’s alibi that she was at his apartment.

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


Malicious Claim 9: Amanda Knox gave in to the interrogators demands by describing an imaginary dream or vision.

Contrary to Bruce Fisher’s claims that Knox described an imaginary dream or vision, Amanda Knox makes no mention of an imaginary dream or vision in her two witness statements. She categorically states that she met Diya Lumumba at Piazza Grimana and that they went to the cottage on Via della Pergola. In her first witness statement, she claims that Lumumba killed Meredith.

Bruce Fischer on the double DNA knife


Malicious Claim 10: No other knives were taken from Raffaele’s apartment.

Fischer makes yet another demonstrably Malicious Claim. He clearly hasn’t read the Massei report in its entirety because Judge Massei discusses a jack-knife that was 18cm long with an 8cm blade at some length and the results of the DNA tests that were carried out on it:

He (Armando Finzi) recalled they found another knife whose total length was 18cm, with an 8cm. blade… (106).

On the jack”‘knife, 4 samples were taken, with negative results where blood-derived substances had been looked for; on the fourth sample, which involved the handle, the genetic profile was found to be of Sollecito plus Knox…

Four samples were taken from the jack-knife and only one yielded a positive genetic result: the sample taken from the belt clip. The trace did not turn out to be blood and it yielded a mixed genetic result: Sollecito plus Knox. To confirm the presence of result the Y profile of Sollecito. (194).

Andrea Vogt reported that another knife was taken into evidence in article for The Seattle Post-Intelligencer:

A small knife was taken into evidence from Sollecito’s bedroom, along with other items.  (Andrea Vogt, The Seattle Post-Intelligencer, 28 February 2009).


Malicious Claim 11: The knife was chosen from the drawer because it looked clean.

Fischer is desperately trying to discredit the police investigation by dismissively and falsely claiming that the knife was chosen because it simply looked clean. Armando Finzi was the police officer who bagged the knife. He testified that he thought it was the murder weapon because it was compatible with the wound on Meredith’s neck. Andrea Vogt explained this in the same article:

Armando Finzi, an assistant in the Perugia police department’s organized crimes unit, first discovered the knife in Sollecito’s kitchen drawer. He said the first thing he noticed upon entering the place was a “strong smell of bleach.” He opened the drawer and saw “very shiny and clean” knife lying on top of the silverware tray.

“It was the first knife I saw,” he said. When pressed on cross-examination, said his “investigative intuition” led him to believe it was the murder weapon because it was compatible with the wound as it had been described to him. With gloved hands, he placed the knife in a new police envelope, taped it shut with Scotch tape, then placed it inside a folder, he said. There were smaller and bigger knives in the drawer, but no others were taken into evidence from the kitchen, he said.

(Andrea Vogt, The Seattle Post-Intelligencer, 28 February 2009).


Malicious Claim 12: No DNA was on the blade.

Bruce Fischer’s bizarre claim that there was no DNA on the blade is contradicted by numerous DNA experts. Dr. Patrizia Stefanoni, Dr. Renato Biondo, the head of the DNA Unit of the Scientific Police, Professor Francesca Torricelli, former Caribinieri General Luciano Garofano and Professor Novelli have all confirmed that Meredith’s DNA was on the blade of the knife.

Even Greg Hampikian and Elizabeth Johnson’s letter confirm that the DNA on the blade of the knife was consistent with Meredith’s DNA. Carla Vecchiotti also acknowledged that there was a complete DNA profile on the knife, but claimed it was unreliable because it should have been tested two or three times.

After categorically stating that there was no DNA on the blade, Fischer goes on to claim that the DNA on the blade came from the laboratory. However, Dr Stefanoni analyzed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory. In court, Carla Vecchiotti accepted that six days was sufficient to avoid contamination.


Malicious Claim 13: No additional testing will ever be available.

Professor Novelli testified that there are a number of laboratories with cutting-edge technology that could have carried out a test on the remaining DNA on the knife. (Galati-Costaglio Appeal, UK Version, page 26).


Malicious Claim 14: No control tests were done

John Follain points out in Death in Perugia that the control tests had been filed with another judge:

The tests had been filed with an earlier test, and Judge Pratillo Hellmann later admitted them as evidence. (Death in Perugia, Kindle Edition, page 409).

Forensic scientists Professor Novelli and Emiliano Giardina specifically who were consultants for the prosecution stated in an article in an Italian newspaper il Fatto Quotiano that the negative control were performed and these tests excluded the possibility that Meredith’s bra clasp was contaminated in the laboratory.

Bruce Fischer on the bra clasp


Malicious Claim 15: They (the Scientific Police officers) pass it (the bra clasp) around with contaminated gloves.

How could Bruce Fischer possibly know that these gloves were contaminated? He is not a forensic scientist. He didn’t quote any DNA tests on the gloves. There is no evidence that these gloves were contaminated and predictably Fischer provides no scientific findings to support his assertion.

Bruce Fischer on the Luminol footprints


Malicious Claim 16: None of the bare footprints detected with luminol tested positive for Meredith’s DNA.

Bruce Fischer gets his facts wrong for the umpteenth time and proves that he’s ignorant of the facts concerning the DNA evidence. The Luminol footprint in the corridor contained Meredith’s DNA. This information is contained in the Massei report:

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


Malicious Claim 17: “Yet the court concluded Amanda purchased bleach anyway.”

Judge Massei made no such claim. On the contrary, he argued that the fluorescence given off by Luminol was due to the presence of blood, not bleach (284).

To support his argument that bleach had not been used to clean the cottage, he pointed out no-one entering the house had not noticed any smell of bleach (283) and noted that if bleach had been used to clean the house, many traces would have been highlighted by the Luminol (284).


Malicious Claim 18: Quintavalle states that he only saw the side of Amanda’s face.

This claim is completely untrue. Galati pointed out in his appeal that Quintavalle’s own witness statement contradicts this claim:

A further observation on which the CAA bases its assessment of unreliability (thus, of low reliability) appears completely arbitrary, because contradicted by the statements of the witness. Quintavalle would have seen the young woman out of the corner of the eye and never from the front.

From the examination of the statements made by Quintavalle in the first instance trial completely different facts emerge because Quintavalle affirms what was referred to by the Court of Assizes on p. 71, when the young woman was still outside the store (cf. transcripts of the hearing 21 March 2009, p. 72) adding: “this young woman when she came inside, I looked at her to greet her; I mean I saw her at a distance of one metre, 70-80 cm”.  (Galati-Costaglio Appeal, UK Version, page 39).


Malicious Claim 19: “He (Curatolo) said Amanda and Raffaele were chattering from about 9:30 pm to right before midnight on the basketball court near the cottage.”

Antonio Curatolo clarified in court that he didn’t watch Knox and Sollecito the whole time in Piazza on the night of the murder. Barbie Nadeau reported that he saw them on a couple of occasions:

...he (Curatolo) placed Amanda and Raffaele there, testifying that the two stood at the gate and watched the house around 9:30pm and again at around 10:30pm on November 1.  (Barbie Nadeau, Angel Face, Kindle edition, page 116).


Malicious Claim 20: “During closing arguments, after all of his different theories had fallen apart, Mignini told the jury: “There is no motive.”

Mignini never told the jury that “there is no motive”. Barbie Nadeau pointed out that the prosecutors had changed their theory, but only rather slightly:

The prosecution lawyers began their case in January 2009 by arguing that Kercher was killed during a sex game gone awry. When it came time for closing arguments, they had changed the theory slightly, trying to make the case that Knox resented her prissy British roommate and killed her in hatred” A sex attack was still involved.


The Knox supporters’ leader-of-the-parade spirals down

Only 20 Malicious Claims are taken apart above but there are at least several hundred more. When you consider the sheer number of Malicious Claims that Fischer has made and how much these claims differ from the actual hard truths, you cannot trust anything he says.

And yet many of Fischer’s Malicious Claims have been unquestioningly widely accepted as fact, and have been repeated by many in the media. For example, Journalist Nathaniel Rich stated that Sollecito claimed that Knox could not have left his apartment for several hours while he was sleeping. A key Fischer claim.

More of Nathaniel Rich’s paroting of Fischer’s claims is dismembered here.  Steve Moore’s paroting of Fischer’s claims is dismembered here.  Saul Kassin’s paroting of Fischer’s claims is dismembered here.  Michael Wiesner’s parotting of Fischer’s claims is dismembered here. 

The credibility of Bruce Fischer and his disastrous leadership of the Knox parade have been completely shot to pieces. Any journalists who use Bruce Fischer as a source in the future should hang their heads in shame.


Monday, February 18, 2013

Raffaele Sollecito Now Under Formal Investigation For New Crimes Apparently Unprecedented

Posted by The TJMK 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.




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: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P0/
Infringing URL: http://truejustice.org/ee/index.php?/tjmksollecitosbook/P5/
Infringing URL: http://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

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]


Thursday, August 09, 2012

Correcting Saul Kassin’s Massively Inaccurate Description Of Amanda Knox’s So-Called Confession

Posted by brmull




Conflicts between Kassin’s academic and court personas

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

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

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

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

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

Conflicts consequentially plaguing Kassin’s academic judgments

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

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

Our own peer reviews of Kassins proliferating claims

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


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


On November 2, 2007, British exchange student Meredith Kercher was found sexually attacked and murdered in Perugia, Italy. The next day, 20-year-old Amanda Knox, an American student and one of Kercher’s roommates, became a person of interest, along with Meredith’s downstairs neighbors and several of her other acquaintances. Interviewing close contacts is a cornerstone of police work. Two of Meredith’s close English friends, who were so scared they couldn’t sleep alone, left Perugia in the immediate aftermath of the murder. Everyone else stayed on.

Months before arriving in Perugia, Knox received a citation for a noise violation when a going-away party she’d thrown for herself in Seattle got out of hand. One of the officers described it as a “scene from Baghdad.” Within about three weeks of moving into the cottage in Perugia, Knox was ejected from a nightclub for pouring her glass on the head of a disc jockey.

It’s often said that Knox had no motive to kill Meredith, but it was Knox’s claim of drug use which indicated a possible motive: a drug-fuelled assault. There are various others, though a motive is not actually required for conviction. In crime scene videos from the day Meredith’s body was discovered, Knox can be seen outside the cottage glancing furtively around. Still, it was not this and other odd behavior, but rather the many conflicting witness statements by Knox and her new Italian boyfriend, Raffaele Sollecito, that led police to believe Knox was involved and lying when she claimed she was with Sollecito at his home continuously on the night of November 1.

Police interviewed dozens of witnesses in the days after the murder, some more than once. All witness statements were written down and signed for, not recorded. The police interviewed Sollecito for the third time beginning at 10:40pm on November 5. Knox later testified that she voluntarily accompanied her boyfriend to the station, because she didn’t want to be alone. The police did not summon her. To the interviewers’ surprise, Sollecito repudiated his earlier alibi when shown phone records, and now said Knox had left his apartment for much of the evening. Some time after 11:00pm the police asked if they might interview Knox. An interpreter was called and by 1:45am Knox had given a signed statement that she had witnessed the sounds of her employer, bar owner Patrick Lumumba, murdering Meredith at the cottage.

In that statement she acknowledged that she had been given an interpreter, and that she herself was now officially a suspect. Knox later testified that she was treated well. She was offered snacks and drinks during the interview and afterward. Made aware that she could not be interrogated without a lawyer, but still anxious to put out as much information as possible, she then requested a chance to make a spontaneous statement without any questioning. Dr Mignini, the magistrate on duty, was called from his home, and she gave a statement in front of him very similar to her witness statement from hours earlier. He asked no questions.

Knox and the police gave different accounts of how the 11:00 to 1:45 am interview was conducted. Police said Knox was told Sollecito now no longer confirmed her alibi and he had called her a liar. She now had no alibi. Sympathetic to her because Knox was freaking out, the interpreter urged her to try to remember at least something.  Shown a text she had sent to Lumumba at 8:35pm saying “See you later. Have a good evening!” she was asked to explain this. The police describe how Knox started to cry and burst out, “It’s him! It’s him!”

Both Knox’s witness statement at 1:45 a.m and her voluntary suspect statement at 5:45am were written out in Italian and translated back to her before she signed. After Knox was formally taken into custody at midday on November 6, she asked for paper and wrote a slight modification of her earlier statements, adding: “In regards to this “˜confession’ that I made last night, I want to make it clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock, and extreme exhaustion.”

Lumumba was arrested along with Knox and Sollecito. Knox and her mother held out on his non-involvement for weeks, but he was eventually determined to have a solid alibi. Another man, Rudy Guede, was identified through a hand print in Meredith’s bedroom. Knox appeared to have substituted Lumumba for Guede in her statements, and several details of the crime in her so-called confession were later corroborated by witnesses.

Because police had not needed to provide Knox with an attorney at the impromptu witness interview after 11:00, the Supreme Court ruled that statement inadmissible in the murder case against her. However both statements were ruled admissible in court for the purpose of establishing the crime of defamation against Patrick Lumumba. Knox’s November 6 letter was also ruled admissible.

Guede, the man whose DNA was found on the victim, told a friend while he was still on the run that he had found Meredith stabbed and that Knox had nothing to do with the murder. However, in the same conversation, which was recorded by police, he speculated that Knox and Sollecito might have been at the cottage. In a letter dated March 7, 2010, while his sentence was awaiting final confirmation by the Supreme Court, Guede wrote that Knox and Sollecito murdered Meredith. He reiterated this claim as a witness during Knox and Sollecito’s appeal.

Forensic police from Rome concluded that a kitchen knife found in Sollecito’s apartment had Knox’s DNA on the handle and Meredith’s DNA on the blade. Sollecito’s DNA was on the victim’s bra clasp in Meredith’s locked bedroom.

Several eyewitnesses came forward. Three neighbors testified that they heard a disturbance around 11:30pm in the vicinity of the cottage. A homeless man who at appeal admitted heroin use was reading a newsmagazine at the basketball court near the cottage. He testified that he saw Knox and Sollecito four or five times that night. An Albanian, a possible drug dealer. who the Massei court deemed unreliable after the Micheli court accepted him, said he had seen all three suspects together, and that Knox had accosted him with a knife. A grocery store owner testified he saw Knox at his shop early on the morning after the murder.

The conflicting alibis of the two were never resolved during trial. On December 4, 2009, an eight-person panel consisting of two professional judges and six lay judges found Amanda Knox and Raffaele Sollecito guilty of murder aggravated by sexual assault, simulation of a burglary, unlawful carrying of a knife and, in Knox’s case, criminal defamation of Patrick Lumumba. The two were sentenced to 26 and 25 years in prison, respectively….

Knox’s mother later described her daughter as “oblivious to the dark side of the world.” Knox herself wrote that, on the night of the murder, she and Sollecito were talking about his mother’s suicide. She told him her philosophy was “life is full of choices and that these choices are not necessarily between good and evil, but between what’s better and what’s worse.”...

Results of our own peer-group analysis

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

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

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

Really, could all these be “new memories”?

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

Kassin’s continued stonewalling and legal risks

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

Still no reply.

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

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

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

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

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

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

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

 


Friday, July 13, 2012

Rebutting Saul Kassin’s Substantive Claim Of Forced Confession

Posted by Fuji




This was first posted on 12 January 2011 (see 30+ comments under that post).  It shows in effect that EVEN IF the timeline on the night of Knox’s “confession” in which she actually blamed Patrick Lumumba resembled Saul Kassin’s fantasy timeline there is no sign that Amanda Knox is one of the very few with the “right” psycho-sociology to cave quickly under police interrogations.

My original post pre-dates by some month Dr Kassin’s erroneous, self-serving claims to Seattle radio and CBS 48 Hours, and by over a year his misleading KEYNOTE address (scroll down) to the John Jay College global conference last month (see page 31 of the program).

We don’t know yet when Saul Kassin’s submission to the Hellman court via Amanda Knox’s lawyers was made, or the nature of its impact on judges and jury, if any. Dr Kassin is welcome to try to explain all of Amanda Knox’s other “confessions” as described here. Also to try to explain all of Sollecito’s “confessions” as described here.

Meredith’s case is absolutely riddled with fabricated false myths. 

They are now found by the hundreds on some misleading websites, and they simply make experienced law enforcement and criminal lawyers laugh. 

For example “Police had no good reason to be immediately suspicious of Knox simply because the murder occurred at her residence”.  And “The double-DNA knife is a priori to be disregarded as evidence, because no murderer would retain possession of such a murder weapon.”

One of the most strident and widespread myths is that Amanda Knox’s statements to the Perugian investigators on 5 and 6 November 2007, placing her at the scene of Meredith’s murder, are to be viewed as the products of a genuinely confused mind imbued with a naïve trust of authority figures.

The apparent certainty with which many of Amanda Knox’s most vocal supporters proclaim that Knox’s statements are actual “false confessions” as opposed to deliberate lies is not supported by even a cursory reading of the pertinent academic literature regarding false confessions.

What actually are “false confessions”?

Richard N. Kocsis in his book “Applied Criminal Psychology: A Guide to Forensic Behavioral Sciences” (2009), on pages 193-4 delineates three different kinds of false confessions:

First, a voluntary false confession is one in which a person falsely confesses to a crime absent any pressure or coercion from police investigators….

Coerced-compliant false confessions occur when a person falsely confesses to a crime for some immediate gain and in spite of the conscious knowledge that he or she is actually innocent of the crime….

The final type, identified by Kassin and Wrightsman (1985), is referred to as a coerced-internalized false confession. This occurs when a person falsely confesses to a crime and truly begins to believe that he or she is responsible for the criminal act.

The first problem facing Knox supporters wishing to pursue the false confession angle as a point speaking to her purported innocence is epistemological.

Although much research has been done on this phenomenon in recent years, academics are still struggling to come to terms with a methodology to determine their incidence rate.

The current state of knowledge does not support those making sweeping claims about the likelihood of Knox’s statements being representative of a genuine internalized false confession.

As noted by Richard A. Leo in “False Confessions: Causes, Consequences, and Implications” (Journal of the American Academy of Psychiatry and the Law, 2009):

Although other researchers have also documented and analyzed numerous false confessions in recent years, we do not know how frequently they occur. A scientifically meaningful incidence rate cannot be determined for several reasons.

First, researchers cannot identify (and thus cannot randomly sample) the universe of false confessions, because no governmental or private organization keeps track of this information.

Second, even if one could identify a set of possibly false confessions, it is not usually possible as a practical matter to obtain the primary case materials (e.g., police reports, pretrial and trial transcripts, and electronic recordings of the interrogations) necessary to evaluate the unreliability of these confessions.

Finally, even in disputed confession cases in which researchers are able to obtain primary case materials, it may still be difficult to determine unequivocally the ground truth (i.e., what really happened) with sufficient certainty to prove the confession false.

In most alleged false-confession cases, it is therefore impossible to remove completely any possible doubts about the confessor’s innocence.

The next problem Knox supporters face is that, even allowing for an inability to establish a priori any likelihood of a given statement being a false confession, the kind of false confession which is usually attributed to Knox is in fact one of the LEAST likely of the three types (Voluntary, Compliant, and Persuaded, as Leo terms the three different categories) to be observed:

Persuaded false confessions appear to occur far less often than compliant false confessions.

Moreover, despite assertions to the contrary, Knox and her statements do not in fact satisfy many of the criteria researchers tend to observe in false confessions, particularly of the Persuaded variety:

“All other things being equal, those who are highly suggestible or compliant are more likely to confess falsely. Individuals who are highly suggestible tend to have poor memories, high levels of anxiety, low self-esteem, and low assertiveness, personality factors that also make them more vulnerable to the pressures of interrogation and thus more likely to confess falsely…

Highly suggestible or compliant individuals are not the only ones who are unusually vulnerable to the pressures of police interrogation. So are the developmentally disabled or cognitively impaired, juveniles, and the mentally ill….

They also tend to occur primarily in high-profile murder cases and to be the product of unusually lengthy and psychologically intense interrogations… ordinary police interrogation is not strong enough to produce a permanent change in the suspect’s beliefs.

Most significantly, there is one essential element of a true Persuaded False Confession which in Knox’s case is highly distinctive:

To convince the suspect that it is plausible, and likely, that he committed the crime, the interrogators must supply him with a reason that satisfactorily explains how he could have done it without remembering it.

This is the second step in the psychological process that leads to a persuaded false confession.

Typically, the interrogator suggests one version or another of a “repressed” memory theory.

He or she may suggest, for example, that the suspect experienced an alcohol- or drug-induced blackout, a “dry” blackout, a multiple personality disorder, a momentary lapse in consciousness, or posttraumatic stress disorder, or, perhaps most commonly, that the suspect simply repressed his memory of committing the crime because it was a traumatic experience for him.

The suspect can only be persuaded to accept responsibility for the crime if he regards one of the interrogators’ explanations for his alleged amnesia as plausible.

Knox did not in fact claim drug or alcohol use as the source of her amnesia - rather, she claimed to have accepted the interrogators’ attribution that this was due to being traumatized by the crime itself, and she offers no other explanation for her selective amnesia:

This is from Knox’s statement to the court in pretrial on 18 October 2008 with Judge Micheli presiding.

Then they started pushing on me the idea that I must have seen something, and forgotten about it. They said that I was traumatized.

Of course, Knox’s initial statement went far beyond being that of being merely a witness to some aspect of Ms. Kercher’s murder, as the interrogators at first seemed to believe was the case.

Rather, her statement placed her at scene of the murder during its actual commission while she did nothing to avert it, which naturally made her a suspect.

In other words, in the absence of any of her other testimony which indicated that she was only a witness to the murder, her own self-admitted rationale for providing a false confession was that she was traumatized by the commission of the murder itself.

Perugia judges will be familiar with all of the above and we can be sure that they brief the lay judges on the remote circumstances and incidences of false confessions.

If I were a Knox defense attorney, I would find it to be a far more fruitful line of argumentation to argue that she was simply lying, rather than claiming the supremely unlikely provision of an actual internalized false confession.

**********

First posted by Fuji on 12 January 2011. Everything in this post applies equally to the ludicrously inaccurate claims of ex FBI “mindhunter” John Douglas in his books and lobbying at the State Department.


Tuesday, July 10, 2012

Saul Kassin: An Example Of How The Knox Campaign Is Misleading American Experts And Audiences

Posted by The Machine





It has happened again and again.

Seemingly good, well-qualified lawyers and experts in police science have repeatedly been made to surface to spout inanities and wrong “facts” put out courtesy of Curt Knox’s “public relations” campaign.

It seems that Dr Saul Kassin is yet another of these naive dupes.


Who is Dr Saul Kassin?

The Social Psychology Network website states that he is a Distinguished Professor of Psychology at the John Jay Criminal Justice College in New York City. The website outlines his impressive academic credentials which include a Ph.D. from the University of Connecticut.

Curt Knox’s chief hatchet man Bruce Fischer, himself notoriously unqualified in every field relevant to the case who for a long time masqueraded pompously under a false name, claimed on his website that Saul Kassin gave help to Amanda Knox’s lawyers in Perugia.

Also that his work was presented to the court during the 2011 Hellman appeal.

Many may not know this but Sarah was instrumental in bringing Kassin in to analyze Amanda’s interrogation. His work was presented during the appeal..

The family had asked that we not release Kassin’s work to the public until they received clearance from the attorneys. I know I often state that this case is over but the attorneys rightfully want to keep everything professional until the Italian Supreme Court confirms Hellmann.

Last October, Saul Kassin did speak at length about Amanda Knox’s interrogation in an interview with John Curley on Radio Kiro FM.

In this post we’ll examine ten of the false claims which have long been circulated by Curt Knox’s campaign, with Bruce Fischer’s site as the central clearing house, and which were regurgitated by Saul Kassin in that interview.


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

No they didn’t.

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

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

Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”

Amanda Knox went with Raffaele Sollecito because she didn’t want to be alone. Kassin’s false claim is the first red flag that Saul Kassin is very confused or has been seriously misled when it comes to this well-documented and well-handled case.


False Claim 2: The so-called confession wasn’t until 6:00am.

No it wasn’t.

If Saul Kassin had actually read Amanda Knox’s first witness statement, he would have known that it was made at 1:45am. Knox had admitted that she was at the cottage when Meredith was killed some time before this.


False Claim 3: She was interrogated from 10:00pm to 6.00am.

No she wasn’t.

According to the Daily Beast Amanda Knox’s questioning began at about 11:00pm.

Since Knox was already at the police station [in the company of Raffaele Sollecito] the head of the murder squad decided to ask her a few questions. Her interrogation started at about 11 p.m.

After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. That was it.

However, Amanda Knox herself then wanted to make further declarations and Mr Mignini who was on duty on the night sat and watched while Knox wrote out her declarations.

Mr Mignini explained what happened in his email letter to Linda Byron, another who was factually challenged.

All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.

In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.

But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful.

According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.

In Amanda Knox’s written witness statement, she explicitly states that she’s making a spontaneous declaration:

Amanda Knox: “I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called “Le Chic” located in Via Alessi where I work periodically.



False Claim 4: They banged her on the back of the head.

No they didn’t.

All the numerous witnesses who were actually present when Amanda Knox was questioned, including her interpreter, testified under oath at trial in 2009 that she wasn’t hit. She has never identified anyone who hit her and on several occasions confirmed that she was treated well.

Even one of Amanda Knox’s lawyers, Luciano Ghirga, confirmed that Amanda Knox had not been hit: “There were pressures from the police but we never said she was hit.”  He never ever lodged a complaint.


False Claim 5: All the other British roommates left town.

No they didn’t.

The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. In chapter 19 of Death in Perugia, John Follain states that Sophie Purton was questioned by Mignini and Napoleoni in the prosecutor’s office on 5 November 2007.

Sophie had been counting on leaving Perugia to fly back home as soon as her parents arrived, but the police called to tell her they needed her to stay on; they would let her know when she could leave.



False Claim 6 : Amanda Knox stayed back to help the police.

No she didn’t.

This claim is flatly contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she categorically stated she was not allowed to leave Italy.

i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house

Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation (The Massei report, page 37),

I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight.

It’s not the first time that the myth that Knox chose to stay behind rather than leave Italy has been claimed in the media. And incidentally, lying repeatedly to the police isn’t normally considered to be helping them.


False Claim 7: Amanda Knox had gone 8 hours without any food or drink.

No she hadn’t.

Reported by Richard Owen in The Times, 1 March 2009

Ms Napoleoni told the court that while she was at the police station Ms Knox had been ‘treated very well. She was given water, camomile tea and breakfast. She was given cakes from a vending machine and then taken to the canteen at the police station for something to eat.’

Reported by Richard Owen in The Times, 15 March 2009.

Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

John Follain in his meticulous book Death in Perugia, page 134, also reports that Knox was given food and drink during her questioning:

During the questioning, detectives repeatedly went to fetch her a snack, water, and hot drinks including camomile tea.



False Claim 8: The translator was hostile towards Amanda Knox.

No she wasn’t.

Saul Kassin offers no evidence that the translator was hostile towards Amanda Knox and there is no evidence that this was the case. Nobody at the questura has claimed this. Amanda Knox’s own lawyers have not claimed this.

Even Amanda Knox herself has never ever claimed that Anna Donnino was hostile towards her although she had every opportunity to do so when being questioned on the stand.


False Claim 9: The translator was acting as an agent for the police.

No she wasn’t.

Saul Kassin offers no evidence to support this claim, which by the way in Italy is the kind of unprofessional charge that incurs calunnia suits. Do ask Curt Knox.


False Claim 10: The police lied to Amanda Knox.

No they didn’t.

The police didn’t mislead Amanda Knox. They told her quite truthfully that Sollecito was no longer providing her with an alibi, and that he had just claimed in the next interrogation room that that she wasn’t at his apartment from around 9:00pm to about 1:00am.

This also is the kind of unprofessional charge that incurs calunnia suits


Some Conclusions

Saul Kassin clearly hasn’t been directed to any of the official court documents like the Massei report, available in accurate English on PMF and TJMK, or the relevant transcripts of the court testimony.

Worse, he clearly hasn’t even studied Amanda Knox’s own witness statements before claiming to the media that they were coerced.

What he seems to have done is to fall hook line and sinker for the fantasy version of Amanda Knox’s interrogation which has been propagated in the media by Amanda Knox’s family.

He has then mindlessly regurgitated this false information in this interview. For somebody with Saul Kassin’s academic qualifications and educational background, it’s inexcusable that he gets so many facts wrong.

He needs to use much more reputable sources or, as so many other dupes before him have done, simply shut up. Of course, it would be professional for him to admit his mistakes.

He is welcome to do that right here.

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


[Below: Dr Jeremy Travis the president of John Jay College of Criminal Justice in NYC]




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.


Tuesday, February 07, 2012

Amanda Knox Team to Appeal Conviction And 3-Year Sentence For Fingering Patrick Lumumba

Posted by Peter Quennell



[Above: the Supreme Court of Cassation]


Appeals against Judge Hellman’s rulings must be lodged in Rome by 18 February.

Now Reuters is reporting a Knox-team appeal apparently announced by David Marriott. The Knox team probably had little choice but to lodge this seeming long-shot of an appeal.

Judge Hellman’s ruling left her “half pregnant” facing a hard-line and unbendable Supreme Court and it left her mom and dad more vulnerable in their own trial for calunnia for claiming in a UK interview that Knox only “confessed” in fingering Patrick because of duress.

Explanation of calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

Judge Hellman essentially contradicted Cassation’s ruling on Guede which agreed strongly that Guede and two others did it (Judge Hellman of course went for the very tenuous lone wolf approach which Judge Micheli and Judge Massei both shot down in some detail) which had many lawyers in Italy doing double-takes. 

Knox in fact fingered Patrick when she was merely a witness who had not even been invited to Perugia police headquarters for the evening and who had volunteered for the questioning.

The interrogators have all claimed she was under no duress except the duress of hearing that Sollecito in the next interrogation room had just called her a liar and destroyed the latest of her various alibis.

Then she had several weeks (as did her mom) to move to spring a devastated Patrick from an adjacent wing in Capanne prison, but of course she didn’t.

Her lawyers never lodged a complaint against the claimed duress and on the witness stand at trial in mid-2010 the prosecutors actually got her to admit that she was treated well.

Key at this stage may be that Knox cannot use her natural advantages of being young and rather dopey and of being able to speak up in court at any time, not under oath or cross-examination, which she used twice in front of Judge Hellman (with lusty sobs and tears for herself and no caring for Meredith).

Cassation works like Supreme Courts elsewhere in Europe and the United States They receive the written appeals and then months or even years later hold very brief hearings, and then almost immediately issue a ruling. It looks to us like the case almost certainly gets bounced back to Perugia - and a new judge - for re-working.

Judge Hellman may have found Patrick’s highly aggressive lawyer impossible to overrule, and he would have been wildly unpopular in Italy to leave Patrick without even his small settlement. If Patrick’s lawyer does not somehow react to this appeal it will be a surprise. He may have the opportunity for rebuttal.

This case has thrown up a lot of possibilities for shortening the Italian process in murder cases and leveling the playing field in favor of victims and families. We’ll round up and post ideas for such reforms already being pushed in Italy by reformers such as Barbara Benedettelli.

Reforms might include no right to defendant statements in court without the possibility of cross-examination, the limiting of judges’ scopes in first appeals, and no jury being required for those appeals.

But everybody sure appreciates those judges’ and juries’ written statements. A precedent the whole world could use.


Wednesday, January 25, 2012

The Curt Knox And Edda Mellas Diffamazione Trial Will Resume In Perugia 30 March.

Posted by Jools





First, here is an explanation of diffamazione.

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.

The suit against Curt Knox and Edda Mellas will commence in earnest on 30 March.

That is two days after the scheduled start of the Sollecito family trial in Bari for alleged subversion of justice, and about six weeks after the prosecution lodges its grounds for appeal with the Supreme Court against the appeal verdict on Amanda Knox and Raffaele Sollecito. 

The defamation charges were lodged not by the Perugia prosecutors’ office but by those who considered themselves to have been defamed. Under their rules they are required to do that to safeguard the system.

Amanda Knox is quoted as saying how much she likes Italy and how she would like to be at that trial.

Amanda Knox “loves Italy and likes Perugia”.

She wants to return as a tourist but, if necessary, she’ll do so to testify in the trial against her parents”. To say as much was one of the defenders of the American [female], lawyer Carlo Dalla Vedova. Words came in the space of the proceedings for defamation against the parents of the student from Seattle, which is taking place in Perugia.

The name of Amanda Knox was included in the list of trial witnesses that the defence for Kurt Knox and Edda Mellas, lawyers Dalla Vedova and Luciano Ghirga intend to call to testify in court. “Both are accused of libel through the press in an interview which appeared in 2009 on the website of The Sunday Times” in which they spoke of alleged abuses on her daughter at the police headquarters during the questioning for the investigation into the murder of Meredith Kercher. For which crime Knox was provisionally acquitted on appeal.

In the meantime today the single judge Giuseppe Noviello has rejected an instance by the defence in relation to the territorial incompetence of the Perugian judiciary in dealing with the court proceedings.

“Amanda - said Dalla Vedova - is very interested” in the trial hearings against her parents and to which she is accused of calunnia, also against the flying squad police agents”. With her lawyers she maintains a correspondence by e-mail and every now and then they speak on the phone. “We have not seen her again ““ explains Dalla Vedova - since she was acquitted and went back to the United States. At Christmas though we exchanged greetings and yesterday she sent me an email asking for information on today’s hearing. Tonight I will tell her how it went”.

For the record the hearing in question was then postponed to March 30. On that date the witness for the prosecution will be heard. Then will be the turn for defence witnesses.


Friday, September 16, 2011

Slate’s Katie Crouch Comes Across Like A Callous And Ill-Informed Sock Puppet

Posted by Peter Quennell





Slate’s sneering self-promoter Katie Crouch seems to forget that there is a real victim here. Like Lis Wiehl she seems to find Meredith’s death one huge joke.

For a slightly trapped Umbrian tourist with a 16-month-old on her hands, this case seemed a gift. Finally, something to talk about in my broken Italian with the locals! Do you think she’s guilty? My pension owner, a jolly man with two kids, said yes, definitely. Hadn’t I been to college? It was an orgy with a knife! An American expatriate friend over cappuccinos at Sandri’s: Guilty. It’s a known fact that the girl had sex with three men in two months. Need we say more?

She seems to rely only on ill-informed gossip from bar-flies to conclude that Amanda Knox is innocent and, yes, she should be set free. Even a remotely competent reporter would have managed to find out and report on these basic facts.

  • Italy’s is one of the most cautious and painstaking justice systems in the world. It is so careful and so reluctant to conclude guilt that its incarceration rate is less than one-sixth that of the United States. Italy has less than 100,000 prisoners behind bars. The US with a population less than five times that of Italy has 2.7 MILLION.

  • Part of every trial and appeal process in Italy as required by the constitution is an exhaustive report explaining every verdict and sentence. In this case there are FOUR such documents amounting to nearly 700 pages. Two for two trials and two for Guede’s two appeals. One of those is by the Supreme Court and it confirms three people attacked Meredith on the night.

Had Katie Crouch read Judge Micheli’s sentencing report for Rudy Guede (linked to in our right column) and Judge Massei’s sentencing report for Knox and Sollecito (linked to in full and summary above) here’s betting she would never have concluded as she did.  These claims for example would never have been made.

After naming Knox and Sollecito as co-killers, Guede’s time was reduced to 16 years.

Rudy Guede has never named Knox and Sollecito as “co-killers”. He named them as the only two killers, only once, to their faces, in the appeal. His sentence was automatically reduced solely because he opted for the fast track process which Italy allows. It was not a reward and he did not testify at Knox’s and Sollecito’s trial.

During the trial, Knox and Sollecito were accused of planning and carrying out a sex crime that ended in the slow sawing open of the victim’s throat…. Then there was the prosecutor’s theory of a bullying four-way sex game gone wrong.

The sex crime idea is not so farcical as Katie Crouch suggests. Meredith had been sexually molested, and her body had been re-arranged some time after her death to point to a sex attack. It was reasonable that the prosecutor put this to the court. Judge Micheli named Knox as the probable initiator in sending her to trial. Judge Massei named Guede as the probable initiator. Guede, Knox and Sollecito were all convicted of a sex crime. Two trials and two appeals have all concluded that three people had to have participated in Meredith’s attack.

For one thing, during her interrogation, Amanda named her boss, a bar owner named Patrick Lumumba, as the killer, and herself as present in the cottage. But Lumumba had an airtight alibi of tending his bar, Le Chic, that night. Why this bogus accusation implicating herself?

This is fully explained by Judge Massei. The interrogators were checking Knox’s recent calls and Lumumba’s name came up. Knox was in an apparent panic at the time as she had just been told that Sollecito had just destroyed her first alibi. Naming Lumumba (which she did not recant until he was released) was an apparent panic attempt to create another.

Meredith Kercher’s blood was on the murder weapon, a knife found in Sollecito’s kitchen. But no it wasn’t, the experts who testified at the appeals said.

This is simply incorrect. The scientific police expert who conducted the original test invited defense experts to be present. One did appear, and he witnessed Meredith’s DNA profile emerging from the machine.  One prosecution witness at the appeal said there was enough material for a retest and the prosecution asked Judge Hellman for this. After a consultation with the jury he said what they had heard already was enough.

OK, well, what about the fact that Knox bought bleach at 7 in the morning after the murder? Wait, but she didn’t. A witness later said her co-worker was coerced into saying that by a reporter. (Plus, after a violent diaper emergency, I myself can tell you that no store in Perugia is open at seven in the morning.)

This is an absurd mis-statement of the relevant evidence. The manager of the Conad testified that Knox was waiting for the store to open when he arrived. Nobody testified that she bought bleach. The real significance of this evidence is that it destroys Knox’s claim that she slept in until after 10:00.

I got up at 5 in the morning and crept to the cottage where the murder happened, staring in the window that the prosecutor argued no one could climb into, meaning the killer had to have keys. But the window didn’t look that high. I could probably climb up there.

A tall and very agile defense staff member tried this and after getting his hands up to the windowsill he had to give up. Judge Massei describes extensively the evidence below the wall, on the wall, on the window sill, and in the room itself to prove that nobody entered by that route. The only DNA found in the room was Knox’s mixed with Meredith’s DNA. No DNA of Guede or any other possible perpetrator was found there.

Knox and Sollecito turned off their phones that night not so they couldn’t be tracked, but because they didn’t want their parents bothering them during sex.

They had never simultaneously turned off their phones before. Sollecito’s final alibi has it that Knox was away from his place for four hours which is hardly conducive to a claim that they were having undisturbed sex.

Knox named Lumumba as the murderer because it was 5 in the morning and she’d been interrogated all night in a language she didn’t, at the time, understand very well.

It was not 5 in the morning. She made the claim soon after midnight and then repeated it in writing at her request for Mr Mignini. At the witness interview (which she volunteered for and could have refused) she had a translator present. Knox mentioned the translator in her testimony at trial.

She had only been in Italy about six weeks, and she hadn’t had any food or water for hours.

Knox herself confirmed at trial that she was given refreshments and treated well. Her own lawyers have never backed up such claims or filed an official complaint. For making claims of abuse against the interrogators both Knox and her parents face calunnia suits by those who consider themselves defamed.

Amanda’s DNA is mixed with Meredith’s blood on the bathroom sink because she brushed her teeth every day.

Not even Knox herself made that absurd claim. Katie Crouch should read this post on the various traces of mixed blood which the defenses have kept well away from disputing.

The knife the police had didn’t match Meredith’s wounds because it wasn’t the right one.

A defense witness at trial conceded that the large knife did match one of Meredith’s wounds. Good grief. Is there ANYTHING that Katie Crouch did get right?


Sunday, July 03, 2011

A Deeply Ugly, Inaccurate And Callous Piece Of Junk By Nathaniel Rich In “Rolling Stone”

Posted by The Machine





Who is Nathaniel Rich?

According to Wikipedia, Nathanial Rich is an American author and essayist.

He is also the son of the New York Times columnist Frank Rich, and various online commentaries about him credit that.and not talent or ethics or hard work for any success he might have had.

Still, you would think that being the son of a high-profile journalist, Nathaniel Rich would try hard to write a fair, factually accurate and balanced report. One carefully checked out, with the Italians he impugns and with no sign of obsessive pro-female-perp bias. 

But instead Nathaniel Rich and his editor Sean Woods (image below) have come out with an xenophobic, defamatory,  highly inaccurate report..

In this piece Rich comes across like the notorious Stephen Glass who simply made stories up and whose editors never cross-checked until it was too late. Except Stephen Glass that never actually showed bigotry or defamed.

It does not seem too much to ask to expect anybody writing an article about the shocking sexual assault, torture and murder of Meredith Kercher for them to have done their due diligence? And to made sure that every single claim presented has been verified by the official court documents or independently corroborated by objective and reliable sources?

And for Sean Woods and other New York-based Rolling Stone editors even in their decline to check out their writers’ claims, especially with those impugned?

In this piece we analyze just some of the numerous wrong claims by Nathaniel Rich in his article The Neverending Nightmare of Amanda Knox and compare them (as he should have done) to official court documents such as the Micheli report, the Massei report, Rudy Guede’s final sentencing report by the Supreme Court, and testimony at 2009 trial and 2011 first appeal [later annulled].




Above: Nathaniel Rich’s editor at Rolling Stone Sean Woods

Claim 1: There were bloody fingerprints all over the apartment

Wrong. Nathanial Rich gets his first basic fact wrong in just the second sentence of his article with his claim that Guede left bloody fingerprints all over the apartment.

There was in fact not even one. According to the Micheli report, the Massei report and Rudy Guede’s final sentencing report, Guede was identified by a single bloody palm print, not a whole lot of bloody fingerprints:

b) traces attributable to Guede: a palm print in blood found on the pillow case of a pillow lying under the victim’s body ““ attributed with absolute certainty to the defendant by its correspondence to papillary ridges as well as 16-17 characteristic points equal in shape and position…  (page 5, Rudy Guede’s final sentencing report).

It is confirmed that Guede was identified by a bloody palm print in the Micheli report (pages 10-11) and the Massei report (page 43). There was not a single fingerprint of his or Sollecito and almost none of Knox at the crime scene - which consists of the entire apartment.

Rich’s “her killer” in his opening implies there was only one killer but FOUR courts including the Supreme Court insisted there had to have been three. The lone wolf theory has long been dead. This is why the defense had to drag Alessi and Aviello into court two weeks ago, to try to prove Knox and Sollecito were not the other two.


Claim 2: A provincial police force botched one of the most intensely observed criminal investigations in Italy’s history

Wrong. A Knox cult myth. Nathaniel Rich attempts to disparage the investigation in Meredith’s murder with the smearing claim that it was seriously botched (it wasn’t) and by a provincial police force. Nathaniel Rich is trying to insinuate that that the police officers involved in the investigation were unsophisticated. However, again he only succeeds in revealing his ignorance of even the most basic facts of the case.

Two separate police departments from the Italian equivalent of the FBI in Rome were heavily involved in the investigation into Meredith’s murder: a forensic team from the Scientific Police led by Dr. Stefanoni, and the Violent Crimes Unit, led by Edgardo Giobbi.


Claim 3: Sollecito finally stated that Knox could have left his apartment for several hours on the night of Kercher’s murder while he was asleep

Wrong. Nathaniel Rich’s claim that Sollecito said that Knox “could” have left his apartment for several hours while he was sleeping is simply not true. You can read Sollecito’s various alibis here. Sollecito categorically stated in his witness statement that Knox DID leave his apartment, while he was wide awake. He said she went to Le Chic at 9:00pm and she came back at about 1.00am.

“At 9pm I went home alone and Amanda said that she was going to Le Chic because she wanted to meet some friends. We said goodbye. I went home, I rolled myself a spliff and made some dinner.”(Aislinn Simpson, The Daily Telegraph, 7 November 2007

“Police said Raffaele Sollecito had continued to claim he was not present on the evening of the murder. He said: “I went home, smoked a joint, and had dinner, but I don’t remember what I ate. At around eleven my father phoned me on the house phone. I remember Amanda wasn’t back yet. I surfed on the Internet for a couple of hours after my father’s phone call and I stopped only when Amanda came back, about one in the morning I think.” (The Times, 7 November 2007).

So Sollecito never said Knox “could” have left his apartment “while he was asleep”. The source for Nathaniel Rich’s embarrassing factual error is almost certainly the conspiracy theorist Bruce Fisher, who has repeatedly made the same false claim on his conspiracy website, a site riddled with invented claims.

Shame on Nathaniel Rich for gullibly believing another Knox cult myth, propagated by the likes of Moore and Fisher, and for being too lazy to independently verify this information.


Claim 4: Amanda Knox was slapped on the back of the head

Wrong. Another Knox cult myth. Nathaniel Rich employs the same tactic as the conspiracists Bruce Fisher and Steve Moore who are trying by all possible means to rescue Amanda Knox from those dastardly Italians.

Namely, to give what appears to be a very detailed eyewitness account of what happened at the police station on 5 November 2007 despite the fact he wasn’t even there.  He makes all of this up, including “verbatim” quotes from some unnamed police officers.

Two female officers, who had been chatting informally with Knox, invited her to an interrogation chamber.

“Let’s go back over what you did that night,” they asked her. “Start with the last time that you saw Meredith.”

“Again?”

“Again.”

But they went slower this time.

“What did you do between 7 and 8 p.m.?” they asked. “What about between 8 and 9?”

“I don’t know the exact times,” said Knox. “But I know the general series of events. I checked my e-mail, I read a book, we watched a film, we ate dinner….”

More officers kept entering the room. An interpreter showed up. The tone sharpened.

“But Raffaele says that you left his house that night.”

“What? That’s not true. I was at his apartment all night.”

The interrogators became angry.

“Are you sure? Raffaele said you left his house.”

“I didn’t.”

“If that’s a lie, we can throw you in jail for 30 years.”

“I’m not lying.”

“Who are you trying to protect? Who were you with? Who was it? Who was it?”

This bit went on for hours.

There was now chaos in the room. The Italians were shouting at her, arguing with one another, calling out suggestions.

“Maybe she really can’t remember.”

“Maybe she’s a stupid liar.”

“You’re either an incredibly stupid liar,” said Knox’s translator, who was sitting right beside her, “or you’re someone who can’t remember what you know and what you did.” The translator, changing tactics, explained that she had once been in a gruesome car accident in which she broke her leg. The event was so traumatic that she suffered amnesia.

“Amanda,” said the translator, “this is what happened to you. You need to try to retrieve those memories. We’ll help you.”

Knox, ever-credulous, started to ask herself what she might have forgotten.

“C’mon,” said the interrogators. “You were going to meet Patrick that night.” “Remember. Remember. Remember.”

“We know it was him.”

Knox shook her head.

“Remember.”

Boom “” someone slapped her on the back of the head.

So Nathaniel Rich includes the false claim that Knox was slapped on the back of the head. All the witnesses who were present when she was questioned, including her interpreter, testified under oath at trial in 2009 that Amanda Knox was NOT hit even once.

Even Amanda Knox’s lawyer, Luciano Ghirga, confirmed that Amanda Knox had not been hit: “There were pressures from the police, but we never said she was hit.”  He never ever lodged an official complaint.

Nathaniel Rich should have pointed out that Knox claimed this hitting only long after, when she was trying to explain why she had framed Patrick Lumumba. He should not have repeated it as if it were incontrovertible truth.

And he should have pointed out that both Amanda Knox herself and both her parents are enmeshed in separate trials for doing that. 




Above: Rolling Stone aggravates defamation - this tweet was sent March 2013

Claim 5: Amanda Knox finally broke down and accused Diya Lumumba of murder at 5.45am

Wrong. Nathaniel Rich clearly does not know the chronology of events at the police station on 5 November 2007. His false claim that Knox finally broke down at 5.45am gives the impression that she had been subjected to a continuous all-night interrogation.

In fact Amanda Knox very rapidly “broke down” and claimed that Lumumba was “bad” and had murdered Meredith when she was still only a witness, not a suspect, and was told Sollecito had pulled the rug from under her alibi. She signed a statement at 1.45am, not at 5.45am, when she repeated the claim voluntarily. (She also repeated it later that same day in writing.)

Amanda Knox’s questioning was stopped at 1.45am when she became a suspect. She wasn’t actively questioned again that evening. However, several hours later she decided to make an unsolicited spontaneous declaration. Mignini was called at 3.30am and he observed her declaration. Knox makes it explicit in her witness statement that she was making her statement spontaneously:

“I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick, the African boy who owns the pub called “Le Chic” located in Via Alessi where I work periodically.” (Amanda Knox’s 5.45am witness statement).

Claim 6:  The knife was selected at random by a detective from Sollecito’s kitchen drawer

Wrong. Nathaniel Rich regurgitates another prevalent Knox-cult myth with his claim that the double DNA knife was selected purely at random. However, the person who actually selected the knife, Armando Finzi, testified in court that he chose the knife because it was the only one compatible with the wound as it had been described to him.

“It was the first knife I saw,” he said. When pressed on cross-examination, said his “investigative intuition” led him to believe it was the murder weapon because it was compatible with the wound as it had been described to him. (Seattle PI,



Claim 7: The confession, in violation of Italian police policy, was not recorded

Wrong. Another Knox cult myth. The police weren’t required to record Amanda Knox’s interrogation on 5 November 2007 because she was being questioned as a witness and not as a suspect. Mignini explained that Amanda Knox was being questioned as a witness in his letter to reporter Linda Byron:

“In the same way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.”

She came in to the central police station voluntarily and unasked that night when Sollecito was summoned for questioning, and police merely asked her if she could also be questioned as a witness. She did not have to agree, but she did. No recording of witnesses is required, either in Italy or the United States.


Claim 8: Amanda Knox refused to leave Perugia

Wrong. This Knox cult myth is actually contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she said she was not allowed to leave.

“i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”

Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation.

“ I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight’” (The Massei report, page 37).





Above: Rolling Stone aggravates defamation - this tweet was sent September 2013

Claim 9: Mignini suggested that the victim had been slaughtered during a satanic ritual

Wrong. Another Knox cult myth. He did no such thing. Mignini has never claimed that Meredith was slaughtered during a satanic or sacrificial ritual, and that’s the reason why neither Nathaniel Rich - or anybody else for that matter - has been able to provide a verbatim quote from Mignini.

Mignini specifically denied claiming that Meredith was killed in a sacrificial rite, in his letter to the Seattle reporter Linda Byron:

“On the “sacrificial rite” question, I have never said that Meredith Kercher was the victim of a “sacrificial rite”.

Mignini also made it quite clear that he has never claimed that Meredith was killed as part of a satanic rite in his interview with Drew Griffin on CNN:

1’03” CNN: You’ve never said that Meredith’s death was a satanic rite?

1’08” Mignini: I have never said that. I have never understood who has and continues to say that. I read, there was a reporter ““ I don’t know his name, I mention it because I noticed it ““ who continues to repeat this claim that, perhaps, knowing full well that it’s not like that.

I have never said that there might have been a satanic rite. I’ve never said it, so I would like to know who made it up.

In fact Mignini has zero history of originating satanic-sect claims despite Doug Preston’s shrill claims. The notion of a secret satanic sect in Florence goes way back into history and many had declared the Monster of Florence murders satanic because of the nature of the mutilation long before Mignini assumed a (minor) role.


Claim 10: Mignini referred to Knox as a sex-and-drug-crazed “she-devil”

Wrong. Another laughable wrong fact. It wasn’t Mignini who called Amanda Knox a “she-devil”, it was Carlo Pacelli, the lawyer who represents Diya Lumumba, at the trial in 2009.

Carlo Pacelli’s comments were widely reported by numerous journalists who were present in the courtroom. Barbie Nadeau describes the moment he referred to Knox as a she-devil in some detail in Angel Face: 

“Who is the real Amanda Knox?” he asks, pounding his fist in the table. “Is she the one we see before us here, all angelic? Or is really a she-devil focused on sex, drugs, and alcohol, living life on the edge?”

“She is the luciferina-she devil.” (Barbie Nadeau, Angel Face, page 124).



Conclusion

Nathaniel Rich has published a sloppy callous error-ridden piece of pure propaganda straight out of the Knox cult handbook, complete with a gushy fawning reference to Amanda Knox in the title.

The piece includes an inflammatory mischaracterization of the extreme caution of the Italian justice system and the various officials working on the case.

There is no mention at all of the never-ending nightmare of Meredith’s family or the fact that she is NEVER coming back. Rich doesn’t seem to have the requisite emotional intelligence or reporter skills to realise that he may have been duped and used by the money-grubbers and killer-groupies of the Knox-cult campaign.


Wednesday, June 22, 2011

Our Call To Editors Of London Magazine To Check Facts Before Propagating Crazy Nigel Scott Theories

Posted by Kermit



[Above: Lib-Dem Haringey Town Councillor Nigel Scott, the writer of Liberator’s conspiracy theory piece]

Liberator Magazine
24 Alexandra Grove
London   N4 2LF

Attn: the Editors

Dear Sirs,

Before you accept an article concerning a far away murder investigation and trial (well, Italy is farther away than the Channel Islands), you should ensure that your writers,

1) have correct facts, and

2) are not being used by a foreign lobby which has basically stated that it will try to force an extra-judicial solution to said trial.

I have read the version of Nigel Scott’s Liberator article as is reproduced on a conspiracy theory website

I have no idea what brought Scott to become interested in this case, nor who briefed him on the content of his article, but he breezily and frivolously brushes over the very wide and heavy set of evidence against American Amanda Knox in the murder of her English roommate Meredith Kercher in Perugia, Italy, in 2007 (Scott doesn’t hide very well the fact that his article has little to do with Kercher’s murder, and much to do with the defence of convicted murderer - pending appeal - Knox).

When Scott says, “When Knox, who was by then locked out of her flat because it was a murder scene, bought clean knickers, this was interpreted as casual disregard for her dead friend”, well that’s not the whole truth. Knox was joking with her boyfriend in the policestation, hugging and kissing him, and also performing cartwheels there. While she has not been convicted for showing “casual disregard” for her roommate, if you are looking to talk about Knox’s casual disregard for her dead friend, it would be better to cite the best examples.

Scott says, “When police learned that Knox’s mother was on her way to Italy to support her, they arranged an all night interrogation session to break the pair”. This is absolutely not true. Only Knox’s boyfriend was invited to the policestation on 5 November 2007, not Knox. She voluntarily accompanied him and was in a public waiting room. Shortly after he admitted that Knox’s alibi did not coincide with his, police interviewed her since she was there, and she soon admitted (not in an overnight interrogation session) that she indeed had been at the scene of the crime.

Scott says (repeating well-known pro-Knox talking points): “Mysteriously, they (the 5-11-2007 interviews) were not recorded, although they seem to be the only interviews that were not recorded during the whole case.”  In fact, I believe that no witness interviews were recorded of any of this case’s witnesses. As soon as Knox and her boyfriend incriminated themselves and they turned from witnesses into suspects, the 5-11-2007 interviews were stopped due to their lack of legal representation. I believe that all suspect interviews were recorded from then onwards (the few that occurred .... both Knox and Sollecito quickly invoked their rights as suspects to not respond to questioning during the investigation).

Scott continues by deriding the DNA evidence. Contrary to what Scott writes in your magazine, the bra clasp contains abundant DNA of Knox’s boyfriend Sollecito. No special testing procedures were required to detect that. The “Double DNA Knife” which contains both the victim’s and Knox’s DNA did require special procedures, and independent specialists are currently reexamining the knife. Until they return their report, there is no reason to sell the idea that LCN DNA evidence - which is used in other jurisdictions - is inacceptable.

Pro-Knox writers have slimed prosecutor Giulano Mignini, not questioning his legal processes, but describing him as “mentally unstable” and other such personal accusations. When as a citizen (not in his role as a prosecutor) he has tried to defend his honour, the pro-Knox lobby seems to have arranged for the US-based “Committee to Protect Journalists” to write to the Italian authorities criticising the fact the Mignini defends himself.

Scott writes about “the real murderer”, Rudy Guede, as if Guede was a person totally unrelated to Knox and Sollecito. The same investigation and the same body of evidence which convicted Guede in his trial (he opted for the fast-track version, instead of participating with Knox and Sollecito in the long trial), is the body of evidence which convicted the two lovers. Although Scott holds up US private detective Paul Ciolino as some sort of holder of truth, even as Ciolino announced on CBS in the USA that Amanda Knox had never met Guede and didn’t know him (which for some time was the “official” Knox media posture), Knox was admitting in the courtroom what was already widely known to followers of this case: that she knew Guede, had smoked drugs with him and been to a party with him in the flat below hers.

The unsubstantiated accusations and garbage that Scott writes continues, mostly following the pro-Knox camp’s exact template to blow fog over this case.

Knox and Sollecito (together with co-accused Guede) were all found guilty of murder and sexual assault. Knox and Sollecito are in the middle of their mult-level appeals. Knox’s Italian lawyers have apologised for the vilifying noise which comes from the American lobby and which they state hurts her (it should be said that probably most Americans don’t care about this case, or if they have followed it, many believe that Knox is guilty). The only reason that the American people around her continue to partake in this campaign must be because they know the purely legal strategy is lost and an extrajudicial solution must be sought (i.e., the intervention of the State Department). Not-so-independent Paul Ciolino stated as much at a recent pro-Knox event in Seattle. Another explanation are the growing commercial profits arising from this case as pro-Knox personalities write books and sell screen rights. Either way, it’s sad that a magazine with a political vocation such as Liberator gets associated with such antics.

Scott writes: “The Kercher family employed their own prosecutor, as is permitted in Italy, who has joined in cross examinations and also briefed the media.”  It is indeed dreadful when a representative of the British public such as Nigel Scott suggests in Liberator that a berieving London family, the Kerchers, should refrain from representing themselves as a private party to this case as is their right, given that it was their daughter and sister who was brutally murdered. What has come over this man? Does he want the Kerchers to just go away and get over their grief?

Most importantly, does the editorial board of The Liberator want to be associated with the sort of gibberish that Scott repeats from the “Friends of Amanda” US-based lobby group?

I wish you well with your magazine. I hope that you are able to find the right sort of content in the future for the readership you really care about. I hope you do get concerned about your magazine being referred to on the “injusticeinperugia.blogspot.com” site and being associated with a text-book case of media manipulation (do a google search on: marriott “amanda knox” “paid media”

... Gogerty Marriott is the US marketing company running the Knox PR campaign. In fact, on their website, Gogerty Marriott use the Amanda Knox campaign as commercial example of their services).

Please, get worried. Please feel free to contact me with any issue concerning this email.

I remain, yours sincerely,

Kermit


Sunday, June 19, 2011

The Massei Sentencing Report For Knox And Sollecito: Part 1 Of A Summary In 4 Parts

Posted by Skeptical Bystander




Why This Long Summary

The full Massei Report can be found here.

The wiki page controversy surrounding the murder of Meredith Kercher rages on in a tiny corner of the online universe, here is our own contribution to the debate.

It is a 4-part summary of the Massei report, the document that sets forth and explains the Court’s reasons for unanimously convicting Amanda Knox and Raffaele Sollecito for their role in the murder of Meredith Kercher, Knox’s roommate, after a long, thorough and fair trial.

Click here for the rest


The Massei Sentencing Report For Knox And Sollecito: Part 2 Of A Summary In 4 Parts

Posted by Skeptical Bystander





The full Massei Report can be found here. Continuing on with our summary:

4. Morning of November 2

Accounts of the events of the morning of 2 Nov do not agree. According to Knox’s statement, she and Sollecito slept until around 10-10:30 am.[67] After a while, she decided to go back to her house to take a shower and change her clothes, and to fetch a mop to clear up some water from a leaking pipe in Sollecito’s kitchen.[65] Her intention was that when she returned they would leave for a planned trip to the nearby town of Gubbio.[70]

When she arrived at her apartment, she was surprised to see that the front door was open. She entered the house, leaving the door open in case it had been deliberately left ajar by one of her flatmates, who might have gone out briefly, to get some cigarettes for example. She then went to her own room, undressed and went into the bathroom that she shared with Meredith. She took out her earrings and cleaned her ears - a regular necessity because the piercing in one ear had become infected. She noticed drops of blood in the sink, and thought this strange but continued to take a shower. Getting out, and not having remembered her towel, she decided to use the bath mat to shuffle into her own room. At that moment, she noticed the blood stain on the mat but thought it might be from some menstrual problem that hadn’t been cleaned up.[70]

Having returned the bathmat, she put her earrings back on, brushed her teeth, dressed in clean clothes and then went in the other bathroom (the one used by Romanelli and Mezzetti) and dried her hair with their hairdryer. She then noticed that there were feces in the toilet, which was strange as Romanelli and Mezzetti were very clean. She left her apartment, locking the front door, and went back to Sollecito’s, where they made breakfast and she told him what she had seen.[70]

In contrast to this account, forensic examination of Sollecito’s computer showed that it had been used for about half an hour from 5:32am to listen to music. After this, he turned on his mobile phone and, at 6:02 am,  received an SMS message which had been sent to him by his father the previous evening when the phone was switched off. Phone records also confirmed a call made at 9:30am to Sollecito by his father. There was no mention of any of this activity in Amanda’s statement.[82]

According to the testimony of Marco Quintavalle, the owner of a small supermarket, he opened his shop at 7:45am on the morning of November 2 and almost immediately a young woman, whom he identified as Amanda Knox, went into the store department that had groceries, detergents and toilet paper on sale. He saw her leave again but did not know if she bought anything. Quintaville did not present this information to the police until some months after the crime and explained that, although he had previously been questioned about the morning after the murder, he had not been specifically asked about Knox. Another of the shop’s employees stated that she had not seen Knox in the store.[83-84]

The court highlighted the discrepancies between Knox’s account and the evidence of the computer and phone records and the testimony of the shop owner. It also doubted the credibility of Knox going back home to change her clothes, take a shower and fetch the mop to dry the floor. Since Knox and Sollecito had planned a trip to Gubbio that morning, she could well have brought the clothes with her that would be needed. It was also noted that Knox had already showered and washed her hair at Sollecito’s house, the previous evening: there was no obvious need for her to repeat those actions and, if there were such a need, there was no reason why she couldn’t do so at Sollecito’s. Fetching the mop to dry the floor was also deemed to be scarcely credible, considering that Sollecito employed a cleaner and, in any case, everything needed to clean up some water was already there.[85]

What is certain is that, around midday, Knox called Filomena Romanelli to say she had arrived at the apartment and had found the door open: she had taken a shower and it had seemed to her that there was some blood in the apartment. She said that she was going to Sollecito’s place but did not know the whereabouts of Meredith. Romanelli rang Knox back and Knox (now at Sollecito’s) told her that the window in Romanelli’s room was broken, everything was in a mess, and that she should come back home.[30]

Knox and Sollecito went back together to the house in Via della Pergola. According to their accounts, they looked in Romanelli’s room where there had apparently been a burglary, and checked the other rooms, but found nothing missing. They were worried that Meredith’s door to her room was locked and, when she was called, there was no answer. Sollecito made an attempt to force open Meredith’s door (described by the court as a ‘timid’ attempt, given that it was easily forced open later).[31] After that, they left the house, partly to look at the broken window from the outside.

Earlier that morning, two mobile phones had been discovered in the garden of a house located in Via Sperandio, a short distance from 7 Via della Pergola (the shortest route would be distance of about 5-7 minutes on foot, according to one witness).[25] The owner of the house had contacted the Communcations Police with regard to a telephoned bomb threat which she had received and then discovered the two phones. One of the phones was registered to Romanelli (although both were in fact Meredith’s phones - one given to her by Romanelli for use in italy).[26][30]

The Communications Police traced Romanelli’s address and arrived at the girls’ apartment some time between 12:30pm and 1pm. Outside the house, they found Amanda Knox and Raffaele Sollecito ““ who said that they were waiting for the carabinieri, whom they had called because they had been away for the night and had come back to find the entrance door open and then a window broken.[28]

Romanelli, her friend Paola Grande and their boyfriends, Marco Zaroli and Luca Altieri arrived around 1pm.[28] Romanelli made a quick check of her room, discovering that, although it was in a complete mess with the windowpane broken and clothes thrown around the floor, nothing was missing.[31] Nonetheless, she was concerned that the front door had been found open, bloodstains had been found in the small bathroom, and there was no news of Meredith. Furthermore, Meredith’s bedroom door was locked.[31]

The significance of this fact subsequently became a point of disagreement, with Knox saying that even when she went to the bathroom for a shower Meredith always locked the door to her room (the fact that she said this being confirmed by Zaroli and Altieri). Romanelli, on the other hand, said she was aware of only one occasion when the door had been locked and this was when Meredith had returned to England for a few days.[31]

The Massei report notes Knox’s apparent lack of concern at the locked door, both in the presence of the Communications Police and in her earlier telephone conversation with Romanelli. This was at odds with an email that Knox sent to her friends and family a few days after the murder (November 4, 2007) in which the locked door acquired a central importance and Knox described herself as “panicking” when she first discovered it.  Massei concludes that panic at the locked door would be a logical reaction if Knox had been uninvolved in the murder, but according to Romanelli and the Communications Police, there was no such panic.

Knox and Sollecito, in fact remained in the living room, some distance away from Meredith’s room, while Romanelli and her friends were so concerned that they decided to force the door open. One of Romanelli’s friends broke down the door and the bloody body of Meredith Kercher was found.[32] The Communications Police sealed the area and called the Carabinieri, who arrived a short time later.[33]

5. Pathology: Injuries, time and cause of death and Conclusions

Massei observes that the injuries Meredith Kercher sustained were the subject of intense analysis and speculation in the courtroom, yet his summary and conclusions are clear and concise.  Many of Meredith’s injuries appear to have been caused by the actions of restraining, whereas some were obviously inflicted by a knife or knives and showed great diversity in both dimensions and overall harmfulness.  Massei found that one point was particularly significant: the knife wounds from the attack to Meredith’s neck came from both the right and the left sides.[371]

Massei believes Meredith’s injuries lie at the heart of the debate over the single attacker versus the multiple attacker scenarios.  The hypothesis of a single attacker requires that the single attacker continually modify their actions, first by exercising a strong restraining pressure on her, producing significant bruising, and then for some reason switching to life threatening actions with a knife, thereby changing the very nature of the attack from that of subjugation to that of intimidation with a deadly weapon, and finally to extreme violence by striking first from the right penetrating to a depth of 4cm (1.5 inches) and then from the left to a depth of 8cm (3 inches) into the neck.[371]

Massei describes the first knife blow coming from the right by saying that it was apparently halted from going any deeper by hitting the jawbone. The Court considered that this blow was an effort to force Meredith to submit to an action against her will. The Court also considered that the penetrating knife wound from the left was preceded by the action of running the knife over the surface of the skin on the same part of Meredith’s neck, just a few centimeters below the eventual strike zone where the serious, deeper second wound was inflicted.[371]

What surprised Massei about Meredith’s wounds was that in spite of all the changes in approach during the attack she somehow remained in the same vulnerable position, leaving the same part of her neck fully exposed to an attacker.  If this were a solo attacker then this person released a firm restraining grip on Meredith to somehow bring a knife into play, then striking her first from the right and then switching the knife-holding hand to somehow float a knife in an intimidating manner across her neck on the left, before finally stabbing her in that same location on the left with a final debilitating blow.[371-372]

Massei concludes that throughout the attack Meredith remained virtually motionless, and he cites the almost nonexistence of defensive wounds on other parts of her body in comparison to the number, distribution, and diversity of impressive bruises and wounds to her face and neck.  Massei finds this disproportion to be a significant factor, particularly when considering Meredith’s physical and personality characteristics.[370,371]

Meredith’s physical build was described as being slim and strong; possessing a physique that would have permitted her to move with agility.  In addition, Meredith was described as being athletic and one who practised football, karate, and boxing.[369]  Therefore, the court found it unlikely that only one person performed the attack against her, and inevitable that several people had acted together against Meredith; a group who forcibly restrained Meredith in movement so that she could not defend herself in any way nor shield herself with her hands in order to avoid the repeated attacks to her neck.[371]

Meredith’s defensive wounds were found to be minimal and consisted of a 0.6cm (quarter inch) long superficial slice on the palm of her right hand showing only a trace of blood and another 0.6cm (quarter inch) slice on the second finger of her left hand, along with several highly superficial cuts to the fingertip of the index finger.  Massei finds this remarkable considering that the normal and instantaneous human reaction to that first violent knife stab to the neck would have been to protect the area of attack, along with a strong desire to escape even if it meant receiving a blow to another part of the body.  However, Meredith remained in the same standing position while continuously offering her exposed neck to the actions of the person(s) striking her, with the peculiar distinction of striking first from the right and then from the left.  Massei believes that a scenario as such seemed inexplicable, unless one accepts the presence of more than one attacker who, as a group, forcibly restrained the athletic Meredith’s movements while intimidating and striking her from multiple angles.[369]

Massei also believes that evidence demonstrated Meredith was still dressed and awake when the attack began on her and that the violence against her could not have taken place as it did if Meredith were lying on her bed.  Massei concludes that Meredith was sober and fully conscious since no traces indicating either the use of drugs or the abuse of alcohol were found; all of which, if present, might have contributed an inability to firmly resist an attack.[369]

Furthermore, Massei finds it impossible to imagine a scenario in which a single person could have removed the clothes that Meredith was wearing (shoes, pants and underwear) while inflicting the sexual violence revealed by the vaginal swab.  Massei finds it highly unlikely that one person could have caused all of the resulting bruises and wounds cited above in addition to removing her sweatshirt, pulling up her shirt, and bending her bra hooks by force before finally tearing and cutting the bra. The actions on the bra alone, during which a small piece of material with hooks was cut off and thrown to the floor, were necessarily conducted from behind Meredith and required the attention of both hands of an attacker, and thus Meredith would have had her own hands free to attempt actions of self-defense.[370]

Massei concludes there was very little evidence of any defensive maneuvers on the part of Meredith, which to him was a strong indication that several attackers were present, each with a distribution of tasks and roles: either holding Meredith and preventing her from any significant defensive reaction, or actually performing the violent actions.  Massei concludes that the rest of the body of evidence came in full support of such a scenario, recalling that a biological trace of Rudy was found on one of the cuffs of Meredith’s sweatshirt indicating a gripping in order to prevent any reaction.  In drawing together all of the elements mentioned above, both circumstantial and forensic, Massei concludes that the diverse morphology of the injuries, their number, and their distribution mandated that the violence against Meredith was performed by multiple attackers.[370-371]

Summary of pathology findings

Massei describes the significant injuries discovered during the post-mortem examination and states that there were no noticeable injuries in the chest or abdomen areas, two areas of slight bruising on one elbow, small wounds on the hands indicative of a minimal defensive response, very slight bruising on the front of the left thigh, minor bruising on the front middle of the right leg, and a slight area of bruising just below the top of the head.[111-112]

Massei cites compelling evidence of recent sexual activity having the characteristics of non-cooperation on the part of the female participant.  Non-spermatic biological material belonging to Rudy Guede was discovered during the course of a gynecological examination of the corpse. This, in conjunction with a distinct pattern of abrasions, was interpreted by the court as being strong evidence of sexual violence.[157-158]

The head and neck injuries were the most significant and included small spots inside the eyelids indicative of asphyxiation, a bruise to the cheek possibly caused by a knife point, bruising on the nostrils and trauma to the lips suggestive of silencing or suffocation efforts, biting injuries to the tongue, bruising and abrasions on the lower jaw indicative of a hard compression by hand, and neck swelling and hemorrhaging with pools of blood left inside the lungs as a result of two significant knife wounds.[111]

Dr. Lalli, the Perugia Coroner, who performed the autopsy on Meredith at the morgue of the Perugia Polyclinic, reported that the hyoid bone, located at the back of the tongue muscle had been “severed”.[145: Professor Torri quotes Dr. Lalli’s comment]

The most significant wounds Meredith sustained were inflicted by knife-stabs and thrusts occurring very quickly from the right and from the left, severing the right superior thyroid artery and the hyoid bone.[139] The largest of these was inflicted by a knife high on the left side of the neck near the jawbone which penetrated to a depth of 8cm (3 inches).[111]

Another significant knife wound, 4cm (1.5 inches) deep, was noted on the right side of the neck, above which were found superficial parallel scratches.  The wound from the right crossed the path, inside the neck, of the wound from the left. The Court concluded that these knife wounds were made by single-bladed, pointed cutting tools and that Meredith’s injuries might be consistent with a virtually infinite number of instruments, provided they had a blade with only one sharpened edge that was not serrated.[111-113]

The Court held that it is self evident that should one conclude during forensic pathology investigations that a knife is not compatible with any of the wounds inflicted on the victim, it would be pointless to give that knife further consideration, including DNA testing.[166]

The experts and consultants who were examined during the course of the trial, taking into examination the various wounds present on the neck, did exclude the compatibility of Raffaele’s knife with the smaller stab wound inflicted on the right side of the neck, and the Court agreed.  However, the Court did not agree with arguments that the knife confiscated from Raffaele’s flat was incompatible with the deep wound on the left.  The Court concurred with expert testimony proclaiming that the knife presented by the prosecution as the murder weapon, with the DNA of both Meredith and Amanda on it (ie the “double DNA knife”), is clearly compatible with the large fatal neck wound.[169-173]






Cause of death

The Court found that the death of Meredith Kercher was asphyxia caused by the neck-wound which severed both the hyoid bone and the right superior thyroid artery. The severing of the hyoid bone opened Meredith’s airway directly through the skin to the atmosphere, and the severed right superior thyroid artery was the main source of the blood which asphyxiated her when she then inhaled blood directly through her severed airway down into her lungs.[162]

Time of death

In order to preserve the crime scene, a thorough examination of the corpse was not performed until approximately 11 hours after the body was discovered.  Relying upon the criterion of body temperature and the influences of various other factors such as blood loss, the corpse being covered with a duvet, and other environmental conditions the time of death was initially placed approximately between 8:00 pm November 1, 2007 and 04:00 am November 2, 2007.  An intermediate value for such a time range is considered of value, and the actual time of death was suggested by the coroner as being approximately 11.00 pm on November 1, 2007.  The combined criteria of temperature, hypostatic stains, and rigor mortis all supported this range for the time of death, but for a variety of reasons were unable to accurately define a more narrow time of death range.[113-116]

Massei notes that the state of digestion of Meredith’s stomach contents provided significant additional information towards establishing a more accurate estimate for the time of death.  Meredith’s stomach contents included apple, cheese, and floury fragments of the apple crumble she ate while visiting friends, which had not yet entered into her the small intestine.  In addition, a piece of mushroom was also found in Meredith’s esophagus.  This could not have been consumed during the meal with friends, which did not include mushrooms, since it was in a different less digested state.[115, 178-179]

Testimony during the trial established that an emptying of the stomach into the small intestine under typical conditions starts between two and four hours after the start of a meal.  A complicating factor is that Meredith apparently ate additional food at home after her earlier meal which, according to statements made by the British friends of Meredith, occurred sometime between 6 pm and 8 pm.  Nevertheless, it becomes possible to propose a time of death as being 3 to 4 hours beyond the time frame of the initial eating event: therefore, this could reasonably range between 9pm (around the time she arrived home) and midnight of November 1, 2007.  This timeframe remains consistent with all other indicators.  It is important to note that the beginning of the attack would have been a moment of tremendous stress for Meredith that may have arrested her digestive process. However, Massei notes that this, like many other variables concerning the behavior of the digestive tract, remains in the realm of speculation.[178-179]

The various consultants and experts heard in court regarding the time of death all emphasized the difficulty of establishing a precise time.  Regarding time of death, there can be no doubt that Massei relied upon the evaluations of a variety of evidentiary sources, including the consideration that Meredith would not have been able to make any vocalizations following the final fatal stab wound to her neck, which lends importance to witness statements regarding when they may have heard a scream on the night of the murder.  However, the Court concluded that testimony regarding the pathology alone made it possible to suggest that the time of death that was, in fact, within a range of tens-of-minutes either before or after 10:50 pm November 1, 2007.[131]

6. Forensic investigation

The forensic evidence included the analysis of DNA in various samples taken, of footprints revealed by Luminol, and of foot prints and shoe prints.

Meredith Kercher

The fatal wound was swabbed in order to obtain the profile of her DNA for comparison with other samples. [190] One of two swabs of her vagina produced genetic material, the DNA of the Y chromosome of Rudy Guede. [189] Samples taken from under her fingernails yielded only her own DNA. The court noted that her finger nails were very short and probably would not inflict significant scratches on an attacker. [190]

Rudy Guede’s Y chromosome was also found mixed with Meredith’s blood on Meredith’s handbag and on the left cuff of her sweatshirt.[192]

The Small Bathroom

Blood was found in seven locations in the small bathroom that Knox shared with Meredith. [192]

“¢ The Door Frame: blood was found on the right, inside door frame containing Meredith’s DNA. [192]
“¢ The Light Switch Plate: Meredith’s blood was also found on the light switch. [192]
“¢ The Sink: Blood was found in two places. There was dried blood near the faucet that had the DNA of Knox. [192] A streak from the left part of the sink toward the drain containing Meredith’s blood mixed with DNA of Knox.[192]
“¢ The Bidet: Meredith’s blood was found mixed with the DNA of Knox.[192]
“¢ The Toilet Lid: Meredith’s blood.[192]
“¢ Q-tip Box: Meredith’s blood mixed with DNA of Knox.[192]
“¢ The Bathmat: Three samples taken from the bathmat yielded Meredith’s blood.[192] The bloodstains on the bathmat were studied and compared with footprints taken of the right foot from Knox, Sollecito, and Guede, and found to be that of Sollecito. [351-355]

The Large Bathroom

Toilet paper and faeces were found in the toilet. Testing the toilet paper found the DNA of Rudy Guede.[192]

Traces Revealed by Luminol

Various surfaces were sprayed with Luminol, which fluoresces brightly when applied to blood. The fluorescence was then swabbed and tested for DNA. Nine traces were found; two were Meredith’s, three were Knox, and two were mixed DNA of Meredith and Knox.[281-286]

“¢ Romanelli’s Bedroom: One sample of Meredith, and one of Meredith’s blood mixed with DNA of Knox.[282]
“¢ Hallway: Three footprints matching, based on measurements, Knox’ right foot were found, two facing the exit, and one oriented toward the doorway of Meredith’s room.[247]
“¢ Knox’ Bedroom: Footprint of Amanda Knox’ right foot, also identified by measurements.[247]

Shoeprints

Shoeprints made in Meredith’s blood and visible to the naked eye led from Meredith’s bedroom to the exit, becoming fainter toward the exit. [193] These were determined to be incompatible with Sollecito’s shoe size 9, and to be compatible with a Nike Outbreak 2, size 11.[334-336]

Although the shoes were never found, a box for Nike Outbreak 2, size 11 was found in Guede’s apartment.[334]

A left shoe print was found on Meredith’s pillow, estimated to be between size 36 and 38.[342]

Knox wears a size 37.[343] A defense expert made a comparison of the sole pattern with Guede’s right shoe, and argued that the print could have been made by him. The court noted the conflicting theories without expressing a specific opinion,[343-344] and noted that Knox seemed to have been moving about the scene in her bare feet.[344]

Other Evidence

“¢ A small trail of drops of Meredith’s blood from the small bathroom to the kitchen/living room.[193]
“¢ A cigarette butt found in the kitchen had mixed DNA of Sollecito and Knox.[197]
“¢ A jack knife belonging to Sollecito was found to have the DNA of Sollecito and Knox, but no blood.[195]

The Court’s Analysis:

The defense did not contest the mixed DNA test results, but instead argued that they were irrelevant: that mixed DNA would be expected since Meredith and Knox lived in the same house and shared the small bathroom. [378] They suggested that Knox’s DNA could be exfoliated skin cells. Dr. Stefanoni (for the prosecution) testified that exfoliated skin cells are keratinized and contain no DNA. [202]

The court concluded that Knox’ DNA became mixed with Meredith’s blood from vigorous scrubbing of the hands and feet, and that this is how the mixed DNA sampled came to be found in the sink and the bidet.[279]

DNA testing cannot, by itself, determine when biological material has been deposited, or in the case of mixed DNA, which was deposited first or whether it was simultaneous. [211] However, the court noted that Knox told the court in her answer to questioning that the bathroom was clean when she left the house on the afternoon of November 1.[278]

The court concluded that Meredith’s killers had gotten blood on their hands and elsewhere on their bodies, and that they needed to clean off the blood. Accordingly, they tracked blood on their feet to the small bathroom, where Meredith’s blood was transferred to the doorframe and light switch plate when they turned the light on in order to use the bathroom.[279] Sollecito tracked Meredith’s blood into the bathroom, leaving a partial print of his right foot in blood.[379]

Knox was not wounded.[280] The trace of her blood on the tap was different in appearance from the mixed DNA samples, and was explained by her as having come from her own ear having been pierced. [280] The mixed trace in the sink and the bidet appeared to have been diluted with water, constituting a single trace placed there by Knox when she was cleaning Meredith’s blood from her hands and feet.[378]

The defense experts did not specifically attack the accuracy of the findings on the trace evidence revealed by Luminol.[285] Dr. Gino noted that a generic test for blood was negative on the sample, and that the DNA test was low copy number. She also noted that substances other than blood can cause Luminol to fluoresce.[282]

The court observed that there was an abundant quantity of Meredith’s blood on the floor of the bedroom to be tracked around the house.[279] The fact that DNA testing revealed the presence of genetic material in the samples indicates the presence of biological material that reacts with Luminol. The court said that attributing the fluorescence to fruit juice, rust, bleach, vegetables, etc. could not explain the presence of reactive trace in so many parts of the house, whereas the walking in blood and subsequent cleanup easily accounts for the findings.[283-285]

The defense’s “low copy number remark” was rejected because Dr. Stefanoni had testified that the sample had been processed according to standards and procedures necessary for international quality certification, and noted that the certification was granted by the international certifying body in 2009; the quality certificate was an acknowledgement of what already existed, and had already been done.[285]  Further, the court noted that the criticisms of Dr. Gino and Dr. Tagliabracci were hypothetical, and all concerned specific findings and a small portion of the specimens.[285]

The footprint on the bathmat was partial, missing the heel. [339] Based on the dimensions of the big toe, the plantar arch, and the shape and location of various “bumps”, Inspectors Rinaldi and Boemia concluded that the print was made in Meredith’s blood by Sollecito’s right foot, that it was consistent with Sollecito’s wider foot and inconsistent with Guede’s longer, narrower foot, and well as being inconsistent with Knox.[339-342]

The measurements from the bathmat: big toe”“33mm wide, 39mm long. Metatarsus”“99mm wide, 55mm long. [339]

Footprints taken with printer’s ink resulted: Big Toe—Sollecito: 30mm wide, 37mm long. [339] Guede: 23mm wide, 43mm long. Knox: 22mm wide, 41.8mm long.[339] Metatarsus”“Sollecito: 99mm wide[339]

Rinaldi and Boemia used the so-called L.M. Robbins grid, which is marked in centimeters, lining the vertical axis with right-hand outline of the foot, and the horizontal axis with the tip of the big toe. [340] By comparing the samples with the bathmat, they concluded that the shape of Guede’s plantar arch and the alignment of his “bumps” could not be reconciled with the print on the bathmat, whereas Sollecito’s bumps align consistently between his sample and the bathmat. [340-341] The primary distinctions between Guede’s right foot and Sollecito’s are: the width of the big toe, the shape of the metatarsus, differences in the plantar arch, and the shape of the left side of the foot.[341]

Professor Vinci, Sollecito’s expert attempted to show that the foot print was actually that of Guede. He argued that the morphology of Sollecito’s foot was such that his second toe made no contact with the paper, but that a portion of the mark on the right side of the big toe print on the bathmat is actually from the second toe. He thus measured the big toe print as being 24.8 mm wide.[352]

The court rejected this theory. It noted that the photograph appeared to show the opposite of what was claimed, i.e., it showed the blood had been deposited as a single unit on a decorative flourish of the mat. Moreover, the court noted that, by comparison, Guede’s foot is generally longer and more tapered, and that the second toe print falls quite far from the big. [354] Finally, the court discounted the idea that Guede had ever been in his bare feet that evening. The visible shoe prints clearly showed that he walked directly from Meredith’s room, down the hallway, and out the door.[379]

Part Three is here.


The Massei Sentencing Report For Knox And Sollecito: Part 4 Of A Summary In 4 Parts

Posted by Skeptical Bystander





The full Massei Report can be found here. Continuing on with our summary:

9. Conclusions reached by the court

The court concluded that Amanda Knox and Raffaele Sollecito had colluded with the main protagonist, Rudy Guede, in murdering Meredith Kercher and that this was in the context of a sexual assault.[390-393]

The evidence that Guede was involved in the murder included his bloody handprint found on a pillow in Meredith’s room, and his DNA found on a vaginal swab taken from Meredith, as well as on the cuff of Meredith’s sweatshirt and on a strap of her bra and on her purse. Further biological traces of Guede were found on the toilet paper in the larger bathroom. His bloody footprints were found in the corridor leading out from Meredith’s room to the front door of the apartment. All this evidence pointed to Guede having been in the apartment, crossing the living room to the larger bathroom (where he used but did not flush the toilet), passing back through the living room and the corridor to Meredith’s room, where he committed the murder, then exiting directly along the corridor and through the front door.[43-44]

The court next considered whether Guede had entered the apartment through the broken window in Romanelli’s room.[45] The defense had argued that Guede had previously been found uninvited inside a Milan nursery school and had been in possession of items stolen from a Perugia law office which had been burgled by someone who broke a window with a rock. He had also been identified as the person who had broken into a house and threatened the occupant with a knife. The court noted this evidence but also highlighted some marked differences from the current case, and also the fact that there was no direct evidence that linked Guede to the law office burglary. In addition, the court made a detailed analysis of the evidence of the ‘break-in’ and concluded from many pieces of evidence (see section 8) that the ‘break-in’ had been staged and that no-one had entered the house through the broken window. In fact, the conclusion drawn by the court from this staging was that it had been done in order to throw suspicion onto a supposed intruder who did not have a key to the front door.[46-55]

The court next considered whether Guede might himself have staged the break-in, which might have happened if Meredith had let him in through the front door and he intended to throw suspicion onto a supposed burglar. The court rejected this hypothesis: if Guede was alone in the apartment, following the murder, it is improbable that he would have stayed longer than necessary, faking a break-in, when the other occupants, who would recognise him, might return at any moment. Further doubt is cast on this scenario by the fact that some aspects of the ‘break-in’ are superficially similar to other crimes associated with Guede, so might lead investigators directly to him. Finally, the court doubted that Meredith, alone in the apartment, would have let Guede, whom she barely knew, in through the front door, let alone waited in her own bedroom while he used the bathroom.

The conclusion of the court was that Guede was let into the apartment by somebody, other than Meredith, who had a key to the door and that the ‘break in’ was likewise staged by someone who had a door key. Laura Mezzetti was away from Perugia on the night of the murder and Filomena Romanelli was staying elsewhere, at a birthday party. This left Amanda Knox who had a key to the front door and lacked an alibi for the time of the murder. She, according to the court, was the only person who could have let Guede into the apartment and who also would have a motive for staging the ‘break-in’ to simulate the forced entry of an intruder.[56-58]

The court noted the ‘intense’ relationship between Knox and Sollecito, and the fact that they were both using drugs.[365] After Patrick Lumumba sent Knox a text, shortly after 8 pm on November 1, 2007, telling her that there was no need for her to go to work that evening, the pair of them were free of any commitment that evening. By 9:15pm they had eaten dinner and washed up (as witnessed by Sollecito’s father’s earlier phone call), turned off their mobile phones and made no further use of Sollecito’s computer. The court’s conclusion was that this point, they both left Sollecito’s apartment and were seen by the witness Curatolo, several times, around the Piazza Grimana.[359]

Guede already knew Knox and was attracted to her. The court believed that around 11pm, on the night of the murder, Knox, accompanied by Sollecito, let Guede into her apartment, possibly having first met him in the nearby square.[361] The reason for Guede’s visit to the apartment could not be known for certain: perhaps he was going to spend the night there as had happened on another occasion, although in the downstairs apartment; perhaps to hang out with Amanda and Raffaele for a while and to use the bathroom; maybe he had come to look for his friends in the downstairs apartment, and finding them absent, called on the upstairs apartment.[363] What is certain is that Guede used the toilet in the larger bathroom.[364]

Meredith had arrived home, alone, earlier in the evening and was most likely reading or studying in her own bedroom. The court found it probable that, having used the bathroom, Guede went into Meredith’s room, intent on making sexual advances, which were rebuffed. It was probably at this point that Knox and Sollecito joined Guede.[365-366]

The court concluded from the presence of Guede’s DNA in her body, that Meredith’s attack involved a sexual assault: the evidence that it was not consensual sex was deduced from other specific injuries as well as the obvious violence. Based on factors such as Meredith’s strength and physical fitness, and the way she had been undressed, they believed that she was the victim of multiple attackers.[369-372]

Based on the forensic evidence, the court believed a sequence of events in which Meredith refused to accept an invitation of an erotic-sexual nature and was then grasped by the neck by her assailants, for the purpose of intimidating her. When this intimidation was unsuccessful, it led to an escalation of violence, which involved the small stab wound to the neck.[164]

It is likely that it was at this point that Meredith’s trousers and underwear were removed by her assailants and that she was sexually assaulted. Her top was lifted up and rolled up towards her neck and there was an attempt to unfasten her bra which, despite her resistance, was eventually cut off. A pillow was placed under Meredith to allow further sexual activity: from Guede’s bloody hand print on the pillow, it was deduced that Meredith was already bleeding at this point. Part of the bra, including the clasp which bore Sollecito’s DNA, was found under the pillow, which indicates that this was cut off before the pillow was placed.[164-165]

It was, the court believed, around this time that Meredith screamed loudly, as confirmed by the evidence of Nara Capezzali and Antonella Monacchia, which placed the time around 23:30 pm. The response of the assailants was the compression of the upper airways, by pressing a hand over Meredith’s mouth and nose, and then inflicting the deep knife wound to the right side of the neck. Their conclusion was that death occurred a few minutes later, and was caused by asphyxia resulting from the major neck wound from which there was bleeding into the airways, impeding respiratory activity. This was exacerbated by the severing of the hyoid bone ““ also attributed to the knife wounds.[165]

In the court’s opinion, the initial attempt had not been to kill Meredith, but there was “a crescendo of violence” in which the assailants simply accepted the risk of death, constructively transforming their initial non-homicidal intent into a pro-homicidal intent characterised by reckless malice.[171]






Regarding the murder weapon, the court found it difficult to accept that the wounds of various sizes were all made by the same assailant and the same knife. Their conclusion was that the smaller wounds were made with a pocket knife that has never been identified, but the largest (and fatal) wound was made with the knife which was subsequently recovered from a drawer in Sollecto’s house and which bore traces of Meredith’s DNA on its blade and Knox’s on the handle (the “double DNA knife” discussed in section 7.1).

The court believed that, following the murder, the murderers went into the smaller bathroom to wash off some of the blood as witnessed by the traces of blood found there. They rejected the possibility that these were older traces, left from some previous incident, as Knox had testified that that bathroom was clean when she left on the afternoon of November 1.[278] In the process of cleaning themselves, the murderers must have touched the door and the light switch, leaving a dribble of blood on the former and stains on the latter.[281] The bloody footprint on the bathmat (which matched the size of Sollecito’s foot), indicates that whoever went into this bathroom was barefoot, and must also have been barefoot in Meredith’s room.[279] While in the bathroom, it was deemed likely that the murderers scrubbed their hands, thus leaving mixed traces of Meredith’s blood and their own DNA in the sink and the bidet.[279] The court noted that the traces found in the small bathroom not only tested positive for blood, but also included a mixture of Knox’s and Meredith’s DNA. They concluded it was Knox who, on the night of the murder, had washed off Meredith’s blood in the sink and in the bidet.[280]

The court considered the traces shown up by Luminol tests in Romanelli’s room, Knox’s room and the corridor. Luminol tests positive for blood but can give false positive readings for other substances, including fruit juice, rust and bleach. Other tests for blood were applied to the same traces and proved negative, but were noted to be less sensitive than Luminol. The court considered the alternative interpretations of the Luminol results: it found it improbable that the traces were caused by such things as fruit juice or rust - particularly as there was no explanation for why such substances would be in all three locations. The possibility of bleach having been spread through the three rooms was more feasible, but in that case, the court wondered why it would not appear elsewhere in the apartment. Also there was no evidence (smell for example) that bleach had been used.

Furthermore, the traces contained biological material, although it could not be proved to be blood. Considering all the possibilities, and the fact that there were copious amounts of blood at the murder scene, the court believed that the Luminol traces were indeed blood. They noted that the traces tested positive for Knox’s DNA and, in two cases, also included Meredith’s DNA. Their conclusion was that Knox had washed her bare feet in the bathroom, but some residue of Meredith’s blood had remained on the soles, and she had then walked into her own room, into Romanelli’s room and passed through the corridor, leaving the traces which were discovered.[281-286]

The conclusion of the court was that Guede had left immediately, but Sollecito had then brought in a big stone from the surrounding area and he and Knox had broken the window in Romanelli’s room with it and attempted to fake a break-in. They had gone back into Meredith’s room, covered her body with a duvet, then locked her door.[381] The court believed that the murderers took Meredith’s mobile phones, left the apartment and dumped the phones in a nearby garden. This must have happened before about half past midnight, as can be deduced by the phone records.[383] Knox and Sollecito returned to his apartment where he made a very brief (4 second) use of his computer at about 1am.

Contrary to the statements of Knox and Sollecito, his computer was in use for half an hour from about 5:30am the following morning, and he turned on his mobile phone at about 6am. The court believed that Knox and Sollecito returned to the murder scene that morning, with Knox perhaps having bought cleaning materials from Quintavalle’s shop at about 07:45.[384] There was evidence that cleaning had taken place: for instance the bath mat marked with a bloody footprint could only have been reached by taking steps that should also have left other footprints. None were found, so the logical conclusion is that they had been cleaned up. Even the drip of blood left on the internal edge of the bathroom door was said to seem like the remainder of a much larger trace.[384]

In conclusion, the court stated that all of the elements put together, and considered singularly, create a comprehensive and complete framework without gaps or incongruities and lead to the inevitable and directly consequential attribution of the crimes to both the accused.[388]

 


Wednesday, June 01, 2011

Michael Wiesner Of Hawaii: Ten Major Mistakes In His Ill-Researched And Malicious Claims

Posted by The Machine

[If video “disappears” because of considerable legal liabilities download this version here.]


Who is Michael Wiesner?

Michael Wiesner is actually a social studies teacher at the Mid-Pacific Institute High School in Honolulu in Hawaii. 

Principal Grace Cruz (image at bottom here) is the supervisor of the staff of the school who presumably supervises Michael Wiesner and makes sure that her students are taught the truth - and to stay far away from drugs. Real estate broker James Kometani is the chair of the institute’s board of trustees.

Wiesner is the latest and hopefully the last of the Knox sockpuppets intent on heading up that bizarre parade of middle-aged white knights and snake oil salesmen and commercial opportunists which Knox and her lawyers say they could do better without.

It is unclear if he has ever been to Italy or talked to anyone directly concerned with the case.

So far, he has worked hard to mislead a group of his high-school students as to the real Amanda Knox and the hard evidence in her case, he has posted a YouTube of some of his fabricated claims (above), and he has enmeshed himself in the conspiracy website run by the serial defamer “Bruce Fisher” who (surprise surprise) is now so desperate for adult attention.

To bolster Michael Wiesner’s credibility there “Bruce Fisher” attempts to draw attention away from Michael Wiesner’s irrelevant background, par for the course for that group, by claiming his “speciality” is “critical analysis of sources and media literacy”.

This is an analysis of ten of the claims made by Michael Wiesner in that YouTube. Smart students in Hawaii and smart parents of smart students in Hawaii would do well to absorb this before listening to any more shrill claims from this addled pretender.


False Claim 1: Amanda Knox had never been in trouble in her entire life (minute 0.44)

Amanda Knox had a reputation for being a heavy user of drugs in Seattle long before she ever headed for Perugia and the use of drugs in the US is an indictable crime.

Amanda Knox was charged for hosting a party that got seriously out of hand, with students high on drink and drugs, and throwing rocks into the road forcing cars to swerve. The students then threw rocks at the windows of neighbours who had called the police.

The situation was so bad that police reinforcements had to be called. Amanda was fined $269 (£135) at the Municipal Court after the incident - Crime No: 071830624. She was also warned about the rock throwing.


False Claim 2: Everyone who knew her swear she never could have committed that kind of violence (minute 0.48)

Many who knew her back in Seattle went ominously silent after she first was implicated, and several who claimed to have encountered her there posted on the web that they were not entirely surprised.

Meredith’s boyfriend, Giacomo Silenzi, and her British friends certainly did not swear that Amanda Knox could not been involved in Meredith’s murder. On the contrary, after witnessing her bizarre and oddly detached behaviour at the police station on 2 November 2007, they all told the police that her behaviour was suspicious.

“Giacomo then talked with Meredith’s British friends, who all agreed that Amanda was oddly detached from this violent murder. One by one, they told the police that Amanda’s behaviour was suspicious.” (Barbie Nadeau, Angel Face, page 62).



False Claim 3: Raffaele Sollecito had never been in any kind of trouble in his life (minute 1.11)

If Michael Wiesner had bothered to read the Massei report on the sentencing of Knox and Sollecito, he would have known that Raffaele Sollecito was considered a drug addict, he had unnatural sexual proclivities, and he had a previous brush with the police.

Sollecito was monitored at his university residence in Perugia after hardcore pornography featuring bestiality was found in his room.

“...and educators at the boy’s ONAOSI college were shocked by a film “very much hard-core”¦where there were scenes of sex with animals” at which next they activated a monitoring on the boy to try to understand him. (p.130 and 131, hearing 27.3.2009, statements by Tavernesi Francesco). (The Massei report, page 61).

Sollecito had the previous brush with the police in 2003.

“...Antonio Galizia, Carabinieri [C.ri] station commander in Giovinazzo, who testified that in September 2003 Raffaele Sollecito was found in possession of 2.67 grams of hashish. (The Massei report, page 62).

Raffaele Sollecito was clearly already a drug addict. Four years after this incident, numerous witnesses testified that Sollecito was using drugs.

“Both Amanda and Raffaele were using drugs; there are multiple corroborating statements   to this effect…” (The Massei report, page 62).

It seems that Sollecito was not just using hashish. Amanda Knox claimed in her prison diaries that Sollecito had taken dangerous drugs like heroin and cocaine.

“According to Amanda’s prison diaries, Raf been reminiscing about his incredible highs on heroin and cocaine…” (Barbie Nadeau, Angel Face, page 163).

Mignini stated at the trial that Sollecito and Knox ran with a crowd who often used stupefying drugs.

“He also hinted that Knox and Sollecito might have been in a drug-fueled frenzy when they allegedly killed Kercher. He outlined the effects of cocaine and acid, and told the judges and jury how Knox and Sollecito ran with a crowd that often used these “stupificante,” or stupefying drugs.” (Barbie Nadeau, The Daily Beast, 20 November 2009).

Amanda Knox was in contact with a convicted drug dealer before and after Meredith’s murder. According to this Italian news report, the drug dealer’s name was on Knox’s contact list on her mobile phone.

“The young man defended by [lawyer] Frioni, on the basis of a service report by the police, he appears to be among the list of contacts within the cell phone of Amanda Knox.” (Translated into English by PMF poster Jools).

Knox and Sollecito both admitted that they had taken drugs on the day of Meredith’s murder. Michael Wiesner makes no mention of this in his YouTube video, presumably because it undermines the falsely wholesome portrait of them that he’s trying so hard to sell..


False Claim 4: After the murder Amanda refused to leave Italy (minute 1.26)

This claim is flatly contradicted by Amanda Knox herself. In the e-mail she wrote to her friends in Seattle on 4 November 2007 she said she was not allowed to leave.

“i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”

Amanda Knox’s e-mail to her friends on 4 November 2007 can be found here.  Knox actually knew on 2 November 2007 that she couldn’t leave Italy. Amy Frost reported the following conversation.

” I remember having heard Amanda speaking on the phone, I think that she was talking to a member of her family, and I heard her say, No, they won’t let me go home, I can’t catch that flight’” (The Massei report, page 37).



False Claim 5: The police called her in at 11.00pm (1.31 minute)

Michael Wisener’s claim is contradicted by Amanda Knox herself who testified in court that she wasn’t called to the police station on 5 November 2007.

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

Amanda Knox: “No, I wasn’t called. I went with Raffaele because I didn’t want to be alone.”

The transcripts of Amanda Knox’s testimony in court can be read on Perugia Murder File.  Michael Wiesner is clearly totally unfamiliar with any of her court testimony.




False Claim 6: The police began a brutal interrogation (1.33 minute)

Michael Wiesner speaks with great authority about what what happened to Amanda Knox at that witness interview, despite the facts that he wasn’t present and that Knox herself is being sued for false claims she made about it.

All the witnesses who were actually present when she was questioned including her interpreter (Mr Mignini was not there) testified under oath during her trial that she was treated well and wasn’t hit.

“Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

The newspaper Corriere dell’ Umbria said that Giuliano Mignini, the prosecutor, would bring an additional charge of slander against Ms Knox, since all police officers and interpreters who have given evidence at the trial have testified under oath that she was at no stage put under pressure or physically mistreated.” (Richard Owen, The Times, 15 March 2009).

She is actually being sued by those who were present (again, Mr Mignini was not.) Even Amanda Knox’s own lawyer, Luciano Ghirga, confirmed that she had not been hit, at Rudy Guede’s fast-track trial:

“There were pressures from the police but we never said she was hit.”  Mr Ghirga had every opportunity to lodge a complaint if he believed her story to be true. He never has.

The judges and jury had to decide whether to believe the corroborative testimony of numerous upstanding witnesses, or the word of a someone who had provably repeatedly lied. It would not have been a hard decision to make.


False Claim 7: They coerced from her an accusation from a person who was innocent (1.42 minute)

According to the corroborative testimony of multiple witnesses, including her interpreter, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.

Judge Massei noted the following about Amanda Knox’s false and malicious accusation against Patrick Lumumba:

It must also be pointed out that Patrick Lumumba was not known in any way, and no element, whether of habitually visiting the house on Via della Pergola, or of acquaintance with Meredith, could have drawn the attention of the investigators to this person in such a way as to lead themselves to ‘force”› Amanda’s declarations. (The Massei report, page 389)



False Claim 8:  Amanda immediately released a statement retracting the accusation (1.55 minute)

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

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

This statement which, as specified in the entry of 6 November 2007, 200:00pm, by the Police Chief Inspector, Rita Ficarra, was drawn up, following the notification of the detention measure, by Amanda Knox, who “requested blank papers in order to produce a written statement to hand over” to the same Ficarra. (The Massei report, page 389).

The Massei court took note of the fact that Amanda Knox didn’t recant her false and malicious allegation against Patrick Lumumba during the whole of the time he was kept in prison.


False Claim 9: Rudy Guede’s DNA was inside Meredith’s handbag (3.05. minute)

According to the Micheli report, which was made available to the public in January 2008, Rudy Guede’s DNA was found on the zip of Meredith’s purse and not inside it.

Guede’s DNA was not in fact found all over Meredith’s room. Guede left no hairs, no saliva, no sweat, no blood, and no other bodily fluid at the scene of the crime, considered to be the entire house. Knox and Sollecito left substantial proof of their presence, including both their footprints, Knox’s blood, and Sollecito’s DNA.


False Claim 10: Rudy Guede pleaded guilty (3.39 minute )

Rudy Guede did not plead guilty at his fast-track trial in late October 2008 which Judge Micheli presided over. He claimed that he was on the toilet when Meredith was murdered. Anyone with even a superficial knowledge of the case is aware of this basic fact.


Extensive evidence Wiesner simply ignores

For example in the YouTube video above, Michael Wiesner does not provide a plausible innocent explanation for the numerous lies that Knox and Sollecito told before and after 5 November 2007.

  • He doesn’t explain why Raffaele Sollecito has refused for three-plus years and at trial to corroborate Amanda Knox’s alibi that she was at his apartment when Meredith died.
  • He doesn’t explain how Meredith’s DNA got lodged into a microscopic groove on the blade of the knife sequestered from Sollecito’s kitchen.
  • He doesn’t explain how an abundant amount of Raffaele Sollecito’s DNA ended up on Meredith’s bra clasp.
  • He doesn’t explain why Amanda Knox was bleeding on the night of the murder, or explain how her blood got mixed with Meredith’s blood in several spots in the cottage.

Michael Wiesner might not think the mixed blood evidence is important, but jurors at the first trial clearly thought it was. One sample was in Filomena’s bedroom, especially incriminating considering the simulated break-in there. 

“The defense’s other biggest mistake, according to interviews with jurors after the trial, was doing nothing to refute the mixed-blood evidence beyond noting that it is common to find mingled DNA when two people live in the same house.” (Barbie Nadeau, Angel Face, page 152).

He doesn’t account either for the visible bloody footprint on the blue bathmat which matched the precise characteristics of Sollecito’s foot,  or the bare bloody footprints of Knox and Sollecito in the corridor in the new wing of the cottage which were revealed by Luminol.

In short, he doesn’t address the vast bulk of the evidence which is detailed at great length in the Massei report, let alone in any way refute it. In fact, it’s quite clear that Michael Wiesner hasn’t even read the Massei report.

The only thing he has really proved is that he’s ignorant of the basic facts of the case.


Wiesner’s use of manipulative images

Michael Wiesner uses the manipulative tactic, which is an old favourite of CBS’s 48 Hours and now of CNN, of flashing images of Knox and Sollecito as children throughout the video as if that is some kind of proof of their innocence.

Childhood photographs of other notorious sex killers, such Myra Hindley and Ian Brady, and Fred and Rosemary West, are readily available on the web. The only thing these kind of photographs prove is that convicted sex killers were children once. Nothing more than that.


Summing up

The principal and parents and trustees of the Mid Pacific Institute High School should be very concerned that one of its teachers is championing the cause of two people unanimously convicted of sexual assault and a vicious murder by making demonstrably false claims.

It was not only the judges and jurors who thought the evidence against Knox and Sollecito was overwhelming. Legal expert Stefano Maffei made the following observation.

“There were 19 judges who looked at the facts and evidence over the course of two years, faced with decisions on pre-trial detention, review of such detention, committal to trial, judgment on criminal responsibility. They all agreed, at all times, that the evidence was overwhelming.”

The parents and the trustees of the Mid Pacific Institute High School should also be concerned at the fact that Michael Wiesner is shamelessly trying to manipulate the public by using photographs of Knox and Sollecito as children, and by sweeping under the rug any inconvenient facts about them, such as their extensive drug-taking and their previous brushes with the police.

Michael Wiesner needs to do now what the judges and jury did starting over two years ago. Namely, to look at all of the hard evidence against Sollecito and Knox, and stop regurgitating the many false claims which are a small industry on “Bruce Fisher’s” website.

[Below: Mid-Pacific Institute High School principal and supervisor of Michael Wiesner Grace Cruz]


Sunday, April 24, 2011

Why The FOA’s Increasingly Hapless Steve Moore Should Probably Stay Well Away From TV

Posted by SomeAlibi

 

Steve Moore’s presentation in the recent Case for Innocence forum in Seattle to a small bunch of undergrads and other parties left me nearly speechless. 

I consider that the number of errors in Moore’s presentation were so numerous that it was quite astonishing that this was the work of a man who claims he has been involved on this case for a year and who claims he has professional experience in law enforcement. 

A big statement but it’s not one that’s hard to justify.  Steve Moore will be our principal witness.  He will repeat for you, if you watch the above youtube video, at least six absolute howlers of misstatement, misunderstanding and exaggeration and many other medium sized ones.

Worst of all of these, he states a core aspect of the prosecution case (proof of the staged break-in at the cottage due to broken glass being on-top of clothes that had already been tossed on the floor) completely upside down. 180 degrees wrong and back to front… and he does it repeatedly in a way that makes it impossible to conclude anything else than he doesn’t actually understand central and important points of evidence against the person he would seek to help.  For a law enforcement or legal professional, that is a serious issue.

Let’s begin:

Steve opens by asserting he has been involved with sticking away nine people to a sentence of life without parole. Crassly, and I think he thinks it is humorous, he states that “two of them have completed that sentence” (think about it - he means they are dead and is seeking to have a laugh about it) “..and seven remain in prison.” He is met with not a single titter. Steve gets really crass by having another go at the same joke: “Actually the other two remain in prison too, they’re just not aware of it.” Deafening silence.

Remember Steve is the guy who positioned a bible, an ammo clip and a mortgage statement behind him in interview (seriously) and whose wife Michelle likes to remind people he’s a sniper? All part of the tough-god-fearing-guy image.  The dead-convicts thing is part of the same swagger. I’m really impressed myself. How about you?

In passing, shall we reflect that if you’ve been in the FBI for nearly 25 years and were a “supervisor”, nine sentences of life without parole is really rather surprisingly low?

At 41:20 of the YouTube clip, we start to see an old line used before: “Just prior to the conviction my wife said “˜I’ve seen some things that concern me’”. Steve goes on to say that he said to Michelle “I will prove within a day that she’s guilty” but that this turned into two months of investigation where he concluded “she” *(Amanda) was not. Three issues with this:

  • I don’t know a single law enforcement professional or lawyer who would ever say to you that they could prove someone was guilty or not guilty in a single day review of a capital crime case. It’s just not feasible and anyone who does this for a living knows this. The hyperbole is off the charts, as per usual.

  • Steve’s story about Michelle’s challenge and the “one day” proof doesn’t match anything he wrote on the Injustice in Perugia website where instead he said “But then I began to hear statements from the press that contradicted known facts” which led him to investigate.  Which one is it?  A one day challenge or a gradual accumulation of knowledge and investigation? 

  • In fact, as we know, Michelle herself let slip that the Moores were “approached” by Bruce Fisher, a pseudonym for the person who runs Injustice In Perugia, and when this was pointed out on PMF.org that it flatly contradicted the previously announced statement (a wifely challenge to a husband with no prior contact), that same day, she deleted her entire “Michellesings” blog from the web ““ all of it ““ to remove what she had said in what bore a remarkable resemblance to a panicked action.

It was further underlined when Michelle subsequently re-created her blog with just a single letter difference in the title.  That give away on the internet undermines the whole story of how Steve Moore, from LA, got involved in this case which he has told many times (in various versions admittedly) in public. 

At 43:22 Moore makes a baseless overstatement ““ “[Rudy Guede] was a known burglar who had 5 to 6 burglaries in the last month”. We have to stop the clock here and be very serious: this is an exaggeration which neither I nor anyone I know who has a good handling of the facts of this case has ever stated.  It was once stated by a Daily Mail journalist many moons ago, the same Daily Mail the Friends of Amanda revile for other articles but *it never made it into evidence* because of course it wasn’t true.  And by this time, in 2011, one needs to know the *evidence* not repeat baseless conjecture because it supports “your” case.  Please reflect for a second”¦

Guede is accused of being in a school without permission for which the police didn’t even bother to prosecute, so it wasn’t a burglary. Bzzt. We all know he handled a stolen laptop but there was no suggestion of a burglary related to it, as much as one can see the hypothesis.

We know that another witness said someone like Guede was in his house but he was discounted as unreliable.  I am a vociferous critic of Guede but one cannot take a law enforcement professional seriously who massively inflates evidence. “5 or 6 burglaries in a month”? NO-ONE in the case, in the official body of evidence, has ever suggested that.

Such a suggestion from a law enforcement professional is hugely undermining if it can’t be proven, and it can’t.  Nor has it been ever suggested by Amanda or Raffaele’s own legal counsel. If this was stated in court without proof (and, again, there is none), we would all rightly expect that to destroy the credibility of that law enforcement professional. Baseless assertion is a serious issue.

Moore then suggests that Meredith came home after Guede broke in. Sounds prima facie reasonable, but again, anyone who knows the evidence and is familiar with the scene knows that the green outer shutters were open and the gate and the walk up the drive faced that window. And Meredith didn’t see the broken-into window? Oh really? 

Rudy Guede, a burglar standing directly in front of an open window apparently half-pulled one shutter to, but left the other open three open and himself clearly visible from the drive when “tossing” Filomena’s bedroom - without taking anything? Then how about Amanda Knox, walking in day-light up to the house the next morning who claims she didn’t see the open shutters. 

It is over one hundred feet from the gate to that window, and on the 2nd of November, the shutters were open on the left as we look in and marginally more shut on the right.  This is consistent with the police statements at the time and it is trite to say, no, they haven’t been opened by the police. 

The left hand one (right as Massei relates from a direction of looking *out* from the house) is “half-closed in the sense that fully open is with it pushed against the outside wall.  The right hand one as you can see is marginally more shut. 

Can you really imagine a burglar who has climbed up to the shutters to open them, then climbed down and gone up to the drive to find a rock, then climbed down under the window and up again before miraculously getting in without a scratch, nick or spot of DNA would turn round inside and partially close the right hand shutter but not close the left hand one?  It makes literally no-sense.

Amanda Knox asks you believe that as she walked 100+ feet up the drive she didn’t notice it either.  That’s the first time.  The second time she returned to the cottage she was already “panicked” about the open door, the evidence of blood and unknown faeces and was returning to the cottage.  And she walked up the hundred feet again and didn’t notice… again.  Nor did Raffaele who was so concerned he suggested they return notice?

I suggest to you there’s more than enough reason Amanda has her hand to her face looking at the open shutters in this picture taken on 2nd November!  (Please note, this image has IBERPress logo on it.  I am linking it on another website, not created by us, which is publicly available and presumably asserts fair-use, but all rights are acknowledged by this site).

You’d leave that open as a burglar would you, facing the gate and the road?  Total nonsense.  And no, again, it hasn’t been moved.

Steve then suggests, in contravention of every banking security protocol I’ve ever heard of, that Guede, while having just murdered someone and held two towels to her neck in panic at that, then completely relaxed and phoned Meredith’s bank with her own mobile phone to try to get an ATM number *while still in the cottage* based on the mobile cell records.

Have you ever heard of a bank that will give you your pin number over the phone without substantial cross-checking of private passwords / other information that Guede couldn’t possibly know about Meredith?  Moore also neglects to mention that Rudy would also have to have phoned Meredith’s voicemail two minutes before, something the call records show.

The reason for this suggestion is that Steve is trying to support the defence case for a time of death for Meredith that is incompatible with Amanda Knox and Raffaele Sollecito’s involvement. Steve neglects to mention that Amanda and Raffaele tried to establish an alibi for a time of *11pm* for their dinner at Raffaele’s flat which was destroyed by Raffaele’s own father who stated that Raffaele mentioned matters relating to having completed dinner at around 8.30pm.  No-one at this panel talk ever heard of *that*...

Steve and others suggest Amanda and Raffaele dated for 2 weeks. The only people who disagree with this are Amanda and Raffaele’s team, who state one week. Ho hum.  Not really important.  Just sloppy.

Steve suggests that what the prosecution alleged in the trial was that Amanda and Raffaele “Decided for the first time that they are going to do a threesome” with Rudy Guede. Again, anyone with the slightest knowledge of this case knows the prosecution never alleged this “threesome”.  They alleged a sexually aggravated murder of Meredith Kercher.  A threesome? Where does Moore get this stuff from?

Again, totally undermining of his credibility. How many black marks are we up to? I’ve lost count. To be fair, Paul Ciolino the P.I. who has worked on the case and belongs to the FOA started covering his mouth during Steve’s presentation.  In body language terms, that’s not terribly supportive… 

On this topic of the threesome he’s invented in his head that no-one else mentioned, Steve states: “They decide to choose a burglar whom they don’t know real well ““ they’ve only met once. Raffaele had only met him that day. Raffaele said ‘that’s a great idea, lets bring this guy who is a burglar whom I don’t know and he can have sex with my girlfriend’”.

Rather inauspicious logic, Steve. If they didn’t know him, they would not have known he was a burglar? Yet you transplant those words into the mouth of a fictional Raffaele Sollecito to make a cheap, but ultimately beautifully self-defeating, point. Amanda, of course, says she met Rudy many times in passing, as did Rudy about Amanda. I’m very interested that Steve also stated “Raffaele had only met him that day” because of course Raffaele and Amanda never admitted that. Where does that come from? Please tell”¦. Bzzt, bzzt, bzzt.

Moore then states that the prosecution case is that “Rudy goes in first and then Meredith screams. Then Amanda comes in and sides with the rapist.” Again, anyone with a perfunctory knowledge of this case knows that is not the prosecution case. This is hugely undermining because once again he is misinforming a public gathering on the case presented against Knox.

You can disagree with the case against Knox, but actually fundamentally misstating it?  At this point, with so many marks on the board, I started asking myself… how is it possible that he doesn’t know all this? 

And that question I still don’t have an answer to. 

But it gets worse…

Now we get to one of the most egregious sections of the whole presentation and misleading of the audience: concerning the blood spattered apartment, Moore makes a major case that Perugian police released the picture of the vividly pink Phenolphthalein stained bathroom as being the *blood* stained bathroom where Amanda Knox showered.

Please watch the video and see how nakedly this is suggested. He juxtaposes the picture of the sink as it was on November the 2nd with the post-phenolphthalein shot and says that the prosecution alleged “that’s what Amanda saw, that’s it.. that’s what was really there. That’s when you start saying ‘oh my god’. Knowing that the jurors are not sequestered”¦ they released this and said ‘that’s blood’”.

Here’s how Moore presented it:


The fact that the ACTUAL pictures of the scene *he himself uses on the left* were in the core evidence bundle in front of the jury as prime exhibits as any lawyer or serious law professional should immediately appreciate is ignored. It must be ignored because of course otherwise no-one could come up with such a patently incoherent line of logic. I’m losing count of the pieces of lack of knowledge and logic by now. How about you? 

Re the staged break in ““ “one of the most incredible lies I have ever seen in a court-room outside of Iran.” Have you been involved in an Iranian court proceedings Steve? No. Mo(o)re hyperbole.

Next, a baffling and possibly funny line of reasoning if the matter wasn’t so serious. Moore proceeds to state that it was “very obvious the stone was thrown from outside and busted the shutter open.” So far so normal as an FOA meme ““ no issue. Except he then goes on to state more than once “The Perugian police said that a rock was thrown inside the house [to] outside the house.”

Huh? To “outside the house”? Are you perchance suggesting that the prosecution were saying the rock was thrown from “inside to outside” the house, then they went down and recovered it and replaced it in the bedroom where it was found and photographed which you would have seen if you had a sound knowledge of the case? Because no-one else has ever said that ever Steve! Not once! Huh? Outside the house? My head hurts. Does anyone have any pills?

Then Steve makes a point of highlighting some embedded glass in the wooden frame of the interior shutter as evidence of a rock thrown from the outside-in, when, again, it is blindingly obvious to anyone that the broken window could have been actioned from inside with exactly the same result. He’s so carried away with himself that he doesn’t even notice. It’s not that unsurprising I guess because he hasn’t noticed the legion other mistakes he’s made so far.

Next statement “Anyone who thinks the rock was thrown from inside out is either an idiot or lying”. It’s simply not logical Steve; as anyone can see it would have been possible to smash the window from inside, whether you actually agree that happened or not. Again, baseless exaggeration. You don’t have to agree but stop with the hyperbole!

56 minutes in we get to a huge howler where Moore completely misstates the prosecution case on the staged break-in and doesn’t appear to have even thought about it enough to see the obvious logical hole in what he is about to say.  In my original notes to this talk I jotted down “Amazing and astounding ““ doesn’t understand the clothes / glass point:”.

Moore says:

They [the prosecution] say that the reason they know that this was staged is because when they got there, there was clothes on top of the glass, the broken glass in the room. Well you’d think that the glass would be on top of everything wouldn’t you? Unless a burglar came in and started throwing things on the floor after the glass was broken. If you look on the bed you’ll see a purse. You’ll see the contents of the purse all over the floor, all over the bed. You will see that he went through her clothes hamper there, her clothes cabinet there, threw everything on the floor. That is why there are clothes on top of the glass. Why is that so hard?

Steve, you’ve stated this 180 degrees completely wrong.  The prosecution case is that both the police and Filomena, Amanda’s flatmate, stated there was glass on top of clothes which had been apparently tossed by a burglar (not vice versa) and on top of a laptop that was closed but which had previously been open.  The point is that it shows that the room was ransacked and *then* the glass was broken, proving the staging of the burglary. 

In any court of law I have seen, if you can show a supposedly authoritative witness, who shall we not forget has been on this case for a *year*, has such a bad handle on the evidence, you can get a jury laughing and that witness completely discounted.  This is, in my opinion, what Moore did to himself somewhat prior to this point, but by the end of this point, absolutely comprehensively.  How is it possible to misunderstand the case so clearly?  Ciolino and Waterbury both look very uncomfortable at this point.

Next point: a pearly Steve quote: “When is a murder weapon not a murder weapon? When the Perugian police say it is.”

Uhhh”¦ think about it”¦. That’s not actually what you meant to say, is it? What you meant is “When is a non-murder weapon, a murder weapon? When the Perugian police say it is”. Given Steve’s penchant for getting things upside down and arse-backwards, perhaps we should not be surprised, but call me a stickler for suggesting people get their arguments right.  Steve compounds this 180-degree misstatement in the Q&A session by stating that the defence will try and throw a million things against the wall in the appeal and see if something will stick.  The defence?  Like those representing Amanda Knox, Steve?  Huh?  With the glass, the “murder weapon” and “defence” points, Moore appears to not be able to listen to what he himself is saying.  It’s just… bizarre…

Steve then makes a big point about the Raffaele cooking knife being the wrong shape for the mark on the bedsheet without mentioning the fact that two knives were posited in the case. Nice and misleading. Still not representing the basics of the case to those assembled.

As we approach the end of this car-crash, Moore makes a big point that “they say Amanda was in front of her and stabbed her like this”. He then mimics a vertical stabbing motion and makes a distinction of the lateral cut compared to vertical method of attack. But no-one ever said this definitively in court and Massei clearly states the blood spurts on the wardrobe (i.e. facing away from the attackers) are from the neck injury. Mo(o)re fabrication. How many is it now?

There is a chuckle-worthy moment where Moore uses the different exposures of pictures of the bra-clasp on the original investigation versus that taken on December 16th as clear evidence of “contamination”. A 2 second glance shows this is an exposure issue unsubstantiated by other pictures which again are in front of the jury.

Unsurprisingly, he then goes on to make the standard declaration that the gathering of the bra-clasp with Raffaele Sollecito’s DNA on it on December 16th “delay” as “apparently not important” to the prosecution.  He neglects to mention that it was a sealed crime scene where the passage of time can have no effect on the forensic value of evidence *if no-one is within the sealed crime-scene*.  He also neglects to mention the delay was due in substantial part to the requirement to invite the defence to attend…

To finish, a damp whimper after these major trumpetings of lack of knowledge and/or understanding: a statement about a pillow under Meredith’s body: “Guess what they found on there ““ semen and the police refused to test it”. It has been suggested but without testing, we obviously can’t know it’s semen. Again, serious legal professionals don’t make absolute statements like this about unproven evidence.

Amanda Knox is incarcerated for 26 years.  As someone who has been involved in many defences of individuals charged with serious criminal matters, it is unacceptable to me that people willing to hold themselves out as prominent supporters of an imprisoned person who have experience in the law or law enforcement show that they don’t know, appreciate, or are able to process core aspects of the case against that person.

In my opinion, this performance was inexcusably weak and must raise serious questions about the judgement of those seeking to help Amanda.  Would you want this sort of standard of knowledge held out as adequate, as representing a member of your core Home team?  I sincerely hope not.  Only the lack of knowledge of the case and the partisan support in the room stopped Moore from being extremely badly shown up in the Q&A session. 

There’s a meme in the supporters of Amanda camp that says that pro-prosecution commentators cost Moore his job at Pepperdine.  It’s nonsense. Moore got himself removed before most of us had ever heard of him.

Neither I nor anyone else I am aware of ever wrote to his *former* employer before he was fired.  Nor did I write to them afterwards either because I considered they had a simple case against him and he’d like it if we were involved. Once I did write that I wanted to take down Steve Moore, by which I meant stop him posting misleading statements about the Meredith Kercher case using his career as credentials. 

But following this performance at the Case for Innocence forum, in my opinion, it is quite evident that Steve Moore has done it comprehensively and totally to himself.


Tuesday, February 22, 2011

Open Questions: An Experienced Trial Lawyer Recommends How To Zero In On the Truth

Posted by SomeAlibi


Welcome

If you’ve come to this website because of the Lifetime movie of Meredith Kercher and Amanda Knox, then welcome. 

Like all of us who come to this case, you have one key question: did they do it?  The movie you’ve just watched is equivocal on that matter and perhaps didn’t help you at all.

On the internet, you will find people who are passionate in their defence of Amanda Knox and Raffaele Sollecito and you will find people who are passionate in their support of the prosecution. 

My own arrival

Placing my own cards on the table here: as a twenty-plus year practising trial lawyer, I am firmly a part of that latter camp.  But it wasn’t always that way.

It was information ““ evidence ““ that changed my views. What became very clear to me, early on, was that very few people in the English-speaking world are aware of anywhere near all of the evidence in this case.

I had thought I had grasped the core of the case, but I did not.  The case is deep and complex and like many criminal cases, the complete facts behind it have been only sketchily reported in the media.  The movie you may have just watched only skirts the real reasons the jury convicted.

The unanimous jury

I am sure that we all agree that no jury, in any murder case, given the awesome responsibility of adjudicating on (young) people’s lives for a multi-decade period of imprisonment, condemns people lightly.

It should be a matter of logic that the evidence presented against the accused must have been deep and satisfied the 6 lay jurors and 2 judges on the case for them to pronounce that huge judgement. That doesn’t mean that there couldn’t be the possibility of a mistrial, but clearly the evidence presented must have been substantial.

In this, we’ve already hit the first problem.  Some supporters of Amanda Knox and Raffaele Sollecito will tell you there’s no evidence against them. 

This is patently silly.  No jury ever convicts people and sends them to prison for 24 plus years without being quite convinced of the case against them.  Miscarriages of justice do happen, but the idea that there is “no evidence” can be summarily dismissed. 

The only question is whether the evidence is sufficient, true and accurate.

The voluminous evidence

So is the evidence enough to convict beyond a reasonable doubt?  The six lay jurors and two professional judges thought so, clearly.  What you realise, when you come to the facts of the case, is that the evidence is based not around a single key event but on multiple points. 

It can be astonishing to realise that the case is based not only on DNA evidence but also on cellphone evidence and computer records and further yet on multiple conflicting and contradicting versions of what happened that night from the mouths of the accused, not to mention falsely accusing an innocent man of responsibility for murder causing his incarceration. 

The wealth of evidence is actually extremely unusual. It goes way beyond the quite similar Scott Peterson case.

The Massei Sentencing Report

What is absolutely new to the English speaking legal world is that the reasoning for the conviction can be read in an extremely detailed 440+ page report online.  Bilingual posters at the Perugia Murder File Forum many of whom who are also key posters at TJMK translated the entire document into English over several months last year. 

It was my privilege to play an extremely small part in that work.  People from four different continents with backgrounds in forensic science, law, academia and a host of other disciplines participated. 

You can read an effective executive summary by clicking on the Massei Report link at top here and reading the conclusions from page 388 onwards:

The Knox PR campaign

If you are new to this case, you will likely be shocked how much evidence there is against the convicted parties.  Amanda Knox’s family have spent over $1m and involved a professional PR agency called Gogerty Marriot to suggest otherwise in the English-speaking media. 

You might wonder why an innocent person needs a million dollar PR campaign on their part.  Make yourself a coffee and read the conclusions of the judge’s report. It will take you about 15 minutes.  Up until you read this report, almost everything you watch, hear and read is PR spin and is quite deliberately positioned to make you believe there is no case.

When you complete it,  I believe you will have a very different take. That 15 minutes could change your ideas about everything you thought you knew about the murder of Meredith Kercher.

Now for a quick tour of the evidence.


Some of the points of evidence

Consider as you read it what is your own possible explanation for each of the following:

  • the DNA of Raffaele Sollecito on Meredith’s bra-clasp in her locked bedroom;

  • the almost-entire naked footprint of Raffaele on a bathmat that in *no way* fits that of the other male in this case ““ Rudy Guede;

  • the fact that Raffaele’s own father blew their alibi that they were together in Raffaele’s flat at the time of the killing with indisputable telephone records;

  • the DNA of Meredith Kercher on the knife in Raffaele’s flat which Raffaele himself sought to explain as having been from accidentally “pricking” Meredith’s hand in his written diary despite the fact Meredith had never been to his flat (confirmed by Amanda Knox);

  • the correlation of where Meredith’s phones were found to the location of Raffaele Sollecito and Rudy Guedes’s flats;

  • the computer records which show that no-one was at Raffaele’s computer during the time of the murder despite him claiming he was using that computer;

  • Amanda’s DNA mixed with Meredith Kercher’s in five different places just feet from Meredith’s body;

  • the utterly inexplicable computer records the morning after the murder starting at 5.32 am and including multiple file creations and interactions thereafter all during a time that Raffaele and Amanda insist they were asleep until 10.30am;

  • the separate witnesses who testified on oath that Amanda and Raffaele were at the square 40 metres from the girls’ cottage on the evening of the murder and the fact that Amanda was seen at a convenience store at 7.45am the next morning, again while she said she was in bed;

  • the accusation of a completely innocent man by Amanda Knox;

  • the fact that when Amanda Knox rang Meredith’s mobile telephones, ostensibly to check on the “missing” Meredith, she did so for just three seconds - registering the call but making no effort to allow the phone to be answered in the real world

  • the knife-fetish of Raffaele Sollecito and his formal disciplinary punishment for watching animal porn at his university ““ so far from the wholesome image portrayed;

  • the fact that claimed multi-year kick-boxer Raffaele apparently couldn’t break down a flimsy door to Meredith’s room when he and Amanda were at the flat the morning after the murder but the first people in the flat with the police who weren’t martial artists could;

  • the extensive hard drug use of Sollecito as told on by Amanda Knox;

  • the fact that Amanda knew details of the body and the wounds despite not being in line of sight of the body when it was discovered;

  • the lies of Knox on the witness stand in July 2009 about how their drug intake that night (“one joint”) is totally contradicted by Sollecito’s own contemporaneous diary;

  • the fact that after a late evening’s questioning, Knox wrote a 2,900 word email home which painstakingly details what she said happened that evening and the morning after that looks *highly* like someone committing to memory, at 3.30 in the morning, an extensive alibi;

  • the fact that both Amanda and Raffaele both said they would give up smoking dope for life in their prison diaries despite having apparently nothing to regret;

  • the fact that when Rudy Guede was arrested, Raffaele Sollecito didn’t celebrate the “true” perpetrator being arrested (which surely would have seen him released) but worried in his diary that a man whom he said he didn’t know would “make up strange things” about him despite him just being one person in a city of over 160,000 people;

  • the fact that both an occupant of the cottage and the police instantly recognised the cottage had not been burgled but had been the subject of a staged break-in where glass was *on top* of apparently disturbed clothes;

  • that Knox and Sollecito both suggested each other might have committed the crime and Sollecito TO THIS DATE does not agree Knox stayed in his flat all the night in question;

  • the bizarre behaviour of both of them for days after the crime;

  • the fact that cellphone records show Knox did not stay in Sollecito’s flat but had left the flat at a time which is completely coincidental with Guede’s corroborated presence near the girl’s flat earlier in the evening;

  • the fact that Amanda Knox’s table lamp was found in the locked room of Meredith Kercher in a position that suggested it had been used to examine for fine details of the murder scene in a clean up;

  • the unbelievable series of changing stories made up by the defendants after their versions became challenged; Knox’s inexplicable reaction to being shown the knife drawer at the girl’s cottage where she ended up physically shaking and hitting her head.


In conclusion

This list is not exhaustive. It goes”¦ on”¦ and on”¦ and on”¦ And yet, those supporting Knox will tell you that’s all made up, all coincidental. 

Really?  Does the weight of all that evidence sound made up to you?

If so, it must be the most over-rigged criminal case in the history of crime.  Unlikely beyond all and any reasonable doubt.

The judge’s report explains why the jury found the defendants guilty. I truly expect you will be astonished at the amount of evidence if all you’ve done is watched a film or read a few press reports. 

For any questions thereafter, please join us and post them on truejustice.org or perugiamuderfile.org .  You’ll find here a host of good people who are all working on a totally volunteer basis in memory of the only victim of this crime.

Meredith Susanna Cara Kercher. RIP.


Tuesday, October 12, 2010

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

Posted by The Machine




1. The Chronic Chest-Thumper

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

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

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

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


2. Moore Adrift On Hard Facts

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

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

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

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

3. Ten Of The Oft Repeated Lies By Moore


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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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


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

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

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

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


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

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

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

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


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

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

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

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

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

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

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

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


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

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

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

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


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

Steve Moore has made this claim on a number of occasions

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

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

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

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

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


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

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

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

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

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


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

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

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

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


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

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

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

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

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

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

4. Verdict On Steve Moore

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

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

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

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

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

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

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

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

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

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

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


Monday, August 02, 2010

Why The Media Are Wrong To Rely On Amanda Knox’s Family For Impartial and Accurate Information

Posted by The Machine


1 False claim-making endemic in support of Knox

In many posts we have been addressing the myriad false claims of Knox & family that, lies that now number up in the hundreds.

And here are 150 questions for the two perpetrators posted by our great Powerpoint creator, Kermit, just prior to their conviction. If reporters had sought answers to all of those, they might have once and for all nailed down the truth from the two, and made clear what REALLY happened.

Edda Mellas is already charged along with Curt Knox with making things up, in that pending case about slandering Amanda Knox’s interrogators. And as Finn MacCool seems to have got all the facts right in this post on Amanda Knox’s calls with Edda Mellas, it seems surprising that she is not also charged with perjury.

It’s a great pity that not more media people have put aside their emotions, and actually analyzed the numerous wild claims that come pouring out of Edda Mellas. The fact that so many professional journalists have given her a free pass and never challenged, cross-checked, or probed her claims is especially shameful.

Why has Edda Mellas been able to make so many false claims in the media without being challenged? 

One primary reason according to the Daily Beast is because journalists are required to give certain guarantees about positive coverage in order to gain any access to Amanda Knox’s family: “Of the handful of American journalists in Perugia in late 2007 and early 2008, none got access to the Knox family without certain guarantees about positive coverage.”

And another reason why Edda Mellas has been able to get away with repeatedly propagating the same core false claims is that the journalists in the US who have interviewed Edda Mellas are almost completely ignorant of the basic facts of the case. They haven’t bothered to find out enough about the case to be in a position to challenge what she says.

In fact any journalist - in fact, anyone interested in the case - can check the veracity of her claims against the official court documents, including the Micheli Sentencing Report of January 2009 (summarised on TJMK in English) and the Massei Sentencing Report of March 2010 (very soon available on PMF and TJMK in English).

And they can check the claims against the objective reporting of the various respected Rome-based journalists who speak fluent Italian and who actually attended the trial - the only Rome-based English-language reporter who has ever filed biased reports was Peter Popham, who seemed reflexively anti-Italy, and who was withdrawn two years ago.

2. Numerous False Knox-Family Claims

This analysis focuses on the claims that Edda Mellas has made in interviews with Larry King on CNN, Chris Wragge on CBS, Linda Byron on King 5, and The Guardian’s Simon Hattenstone. There are other videos and text interviews that we could have drawn examples from.

We start with Edda Mellas on CNN’s Larry King Live.

Edda Mellas and Curt Knox appeared on Larry King Live shortly after the verdict last December. You can see them in the videos above and below. The timing here corresponds to the time counter at bottom-left of the video.


False claim 1 “The prosecution had changed the motive four times during the trial. and at the end they finally had to say we don’t have a motive but it doesn’t matter.” (minute 4.22 above)

Barbie Nadeau pointed out that the prosecutors had changed their theory, but only rather slightly:

“The prosecution lawyers began their case in January 2009 by arguing that Kercher was killed during a sex game gone awry. When it came time for closing arguments, they had changed the theory slightly, trying to make the case that Knox resented her prissy British roommate and killed her in hatred” A sex attack was still involved.

Prosecutor Mignini also suggested that a hards drug like cocaine might have been involved, and certainly never said that they didn’t have a motive. Co-Prosecutor Manuela Comodi said that she didn’t know precisely what the motive was, but certainly never claimed that there was none.


False claim 2:  “He (Rudy Guede) all of a sudden had money that he didn’t have earlier in the day” (minute 3.22 above)

Edda Mellas is plucking “facts” out thin air with this claim. No evidence was presented at any court hearing that showed that Rudy Guede suddenly had money that he didn’t have earlier in the day on 1 November 2007.


False claim 3:  “There is no murder weapon.” (minute 4.32 above)

Judge Massei indicates in the sentencing report that Amanda Knox’s judges concluded that the double DNA knife, the larger of the two indicated by Meredith’s autopsy, is indeed the murder weapon.

It is totally compatible with the deep puncture wound in Meredith’s neck, and according to a number of independent forensic experts, it contained Meredith’s DNA on the blade..

 


False claim 4:  “The Italian Supreme Court found the interrogation illegal” (minute 7.54 above)

Though this claim has been repeated in different ways, the Italian Supreme Court has NEVER ruled that Amanda Knox’s interrogation either as a witness or a suspect was illegal. In the suspect interview, she had both a lawyer and interpreter present.


False claim 5:  “They admit to the fact they really have no physical evidence” (minute 7.54 above)

As it took the prosecutors four or five months to present it, they have never admitted that they have no physical evidence. The stop-start-stop nature of the defense phase of the trial showed how very telling the evidence was.


False claim 6:  “They believe Meredith was killed at about 9.30pm” on Larry King Live (minute 0.54 here)

The prosecutors didn’t claim this at the trial. According to Mignini’s timeline, which he used when presenting his scenario for what happened to the judges and jury at trial, Meredith was killed at about 11.50pm.


False claim 7:  Amanda Knox didn’t know Rudy Guede (minute 1.02 here)

Unbelievably, Edda Mellas claimed that Amanda Knox didn’t know Rudy Guede despite the fact that Amanda Knox testified IN COURT that she had met Rudy Guede on several occasions.

Here’s the actual court transcript:

Carlo Pacelli (CP), Patrick Lumumba’s lawyer: In what circumstances did you meet him (Rudy)?

Amanda Knox (AK): I was in the center, near the church. It was during an evening when I met the guys that lived underneath in the apartment underneath us, and while I was mingling with them, they introduced me to Rudy.

CP: So it was on the occasion of a party at the house of the neighbors downstairs?

AK: Yes. What we did is, they introduced me to him downtown just to say “This is Rudy, this is Amanda”, and then I spent most of my time with Meredith, but we all went back to the house together.

CP: Did you also know him, or at least see him, in the pub “Le Chic”, Rudy?

AK: I think I saw him there once.

CP: Listen, this party at the neighbors, it took place in the second half of October? What period, end of October? 2007?

AK: I think it was more in the middle of October.


False claim 8:  Rudy Guede’s DNA was in Meredith’s purse (minute 3.16 here

Edda Mellas’s claim that Rudy Guede’s DNA was in Meredith’s purse is completely untrue. According to the Micheli report, which was made available to the public in January 2008, Guede’s DNA was found on the zip of Meredith’s purse and not inside it.


False claim 9:  “Even the Italian Supreme Court ruled that her rights were repeatedly violated.” (minute 5:32 above

The Italian Supreme Court has NEVER ruled that Amanda Knox’s rights were repeatedly violated. Not even her own lawyers claimed that, and no complaint was ever lodged.

The first of Knox’s two written statements couldn’t be used against her simply because she wasn’t represented by a lawyer when she made it - and she volunteered that statement, in a seeming state of panic, when she was told Sollecito was no longer supporting her alibi..

We continue next with Edda Mellas making claims in an interview for the CBS Early Show.

Whilen Edda Mellas was in Perugia, she was interviewed by CBS’s Chris Wragge. (Embedding of this CBS video YouTube on sites like TJMK is disabled, which suggests that CBS might be worried that the claims made were wrong and they should have been challenged on-air.) 


False claim 10:  The double DNA knife is incompatible with the wounds on Meredith’s body. (minute 0.16 above)

In the interview Edda Mellas made the following claim: “The knife they think is the murder weapon is way too big and demonstrated how it had to have been a much smaller knife that caused all the wounds.”

Edda Mellas’s claim above is simply not true.

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

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

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

Judge Massei categorically states in the judges’ sentencing report that the double DNA knife was compatible with the large wound on Meredith’s neck.


False claim 11:  Meredith’s room was so tiny, there wasn’t enough room for four people in some kind of tussle. (minute 0.27 above)

In the same interview with Chris Wragge, Edda Mellas asserts that there couldn’t have been an attack on Meredith involving three assailants.

“The space available this crime happened is so tiny you can’t have had four people in that room in some kind of tussle.”

The Violent Crimes Unit itself used detailed images at the trial to show that there was more than enough room for an attack involving three attackers.


False claim 12:  There is no evidence of Amanda Knox at the actual crime scene. (minute 2.06 above)

“Its the fact at the actual crime scene there is no physical evidence of Amanda; not a hair, not a fingerprint, not a nothing.”

The crime scene involves the whole cottage and it isn’t limited to Meredith’s room. Knox and Sollecito were both CONVICTED of staging the break-in and tampering with the crime scene.

Furthermore, there is plenty of evidence actually placing Amanda Knox in Meredith’s room on the night of the murder: the double DNA knife, and the blood she tracked into the bathroom, the hallway, Filomena’s room, and her own room.

According to two imprint experts, there was a woman’s bloody shoeprint on the pillow under Meredith’s body which matched Knox’s foot size.

Even Sollecito’s forensic consultant, Professor Vinci, claimed that he had found Amanda Knox’s DNA on Meredith’s bra.


False claim 13:  “The DNA is so insignificant. It’s this tiny spot. It’s not blood.” (minute 2.16 above)

Three independent DNA experts -  Dr. Patrizia Stefanoni, Dr. Renato Biondo, and Professor Francesca Torricelli - confirmed that Meredith’s DNA was definitely on the blade of the double DNA.

The DNA charts themselves show a clear and unmistakable match. Edda Mellas doesn’t seem to understand that DNA evidence almost always involves only microscopic traces of DNA.

Dr. Stefanoni testified at the trial that the DNA on the blade could indeed have come from Meredith’s blood.

We continue next with Edda Mellas in an Interview with Linda Byron on Seattle TV station King 5.


False claim 14:  Amanda Knox and Raffaele Sollecito maintained the same story (minute 3.17)

Edda Mellas claimed in this interview with Linda Byron that Amanda Knox had maintained the same story for over a year when she was asked whether her daughter had lied.

In another interview with Linda Byron in November 2009, Edda Mellas bizarrely claimed that Amanda Knox hadn’t changed her story. KING 5 Investigator Linda Byron asked her: “Did she change her story?”

Edda Mellas responded: “No, no. For this whole year they have maintained the story - what they did that night. They stayed at Raffaele’s, they made dinner, they watched a movie. That’s it, that’s the story.”

Edda Mellas’s statement that Amanda Knox didn’t change her story and that she and Sollecito maintained the same story is yet another incorrect and misleading claim.

Knox and Sollecito both gave three different alibis. The posts on their alibis are linked-to up at the top here. Knox gave at least three different times for when she and Sollecito had dinner on the night of the murder.

Knox gave different reasons for writing her handwritten confession, and she gave different accounts of seeing the blood in the bathroom which contradict each other.

And most devastating of all, Sollecito stopped providing Knox with an alibi on 5 November 2007.

Sollecito is STILL nearly three years later refusing to corroborate her alibi. He clearly hasn’t maintained that Knox was with him at his apartment - actually he claimed that she went out for four hours.


False claim 15 : Amanda Knox wasn’t provided with an interpreter (minute 2.37)

Edda Mellas made this false claim, which has been widely propagated by Knox groupies, in an interview with Linda Byron on King5.

It’s not difficult to prove that this claim is completely false. Knox’s interpreter on 5 November 2007, Anna Donninio, even testified at the trial. And Amanda Knox herself spoke about her interpreter when she gave testimony at the trial.

We continue next with the claims of Edda Mellas on ABC TV.


False claim 16:  “Amanda Knox is incredibly honest” (minute 11.25)

In an interview with ABC’s Elizabeth Vargas Edda Mellas claimed that her daughter is “incredibly honest”.

And Edda Mellas told The Guardian’s Simon Hattenstone that “Amanda doesn’t know how to lie.”

In fact, Amanda Knox’s mobile phone records, data recovered from Sollecito’s computer, and corroborative testimony of numerous witnesses, provide irrefutable proof that Amanda Knox has lied - again and again.

For example, her lies about him directly led to Diya Lumumba, an innocent man, spending two weeks in prison - even though as recorded in prison she told her mother Edda Mellas that her claims were not true. .


False claim 17 : Amanda Knox could have left Italy, but she chose to stay and help the police.

In an earlier interview with Larry King in October 2009, Edda Mellas told him that Amanda Knox could have left Italy, but she chose to stay and help the police:

“After the murder, Mellas said, friends and family told Knox to leave Italy—to either come home or stay with relatives in Germany—but Knox refused because she wanted to help find the killer and prove that she had nothing to do with it.”

“Many people asked her to leave, but she said no. ‘I’m going to stay. I’m going to try and help. I’m going to try and finish school,’ ” Mellas said.”

Edda Mellas’s claim is flatly contradicted by Amanda Knox herself, in the e-mail she wrote to her friends in Seattle on 4 November 2007:

“i then bought some underwear because as it turns out i wont be able to leave italy for a while as well as enter my house”

And along with one of Meredith’s friends who walked home with Meredith on the night, the police told Amanda Knox pretty promptly that as her status was (then) a primary witness, she was not to go anywhere.

The fact that Knox did stay was of little help to the investigation - in fact, she seemed to work hard to derail it - and one of her main concerns at the time, a pretty callous one, was whether she would be staying or moving out of the house and getting a rent refund.


False claim 18:  Amanda Knox and Raffaele Sollecito were not under the influence of drugs on the night of the murder (BBC Radio)

In an interview with BBC Radio after the verdict, Edda Mellas apparently stated that Amanda Knox and Raffaele Sollecito were not under the influence of drugs on the night of the murder.

This is despite the fact that both Knox and Sollecito had both themselves actually claimed they had smoked cannabis. The prosecution believed they might have been on a hard drug like cocaine, which also seems the general belief around Perugia.


3. And Some Conclusions

The fact that Edda Mellas has been able to propagate so many wrong claims in the media for so long without being challenged seems to speaks volumes about the naivety and unprofessionalism of her interviewers, and of the media organisations they work for.

As they usually do,  ABC News, CBS News, CNN, King 5, and other media outlets should have interviewed objective crime-case professionals, who don’t have a vested interest in the case.

Instead they have relied again and again on Amanda Knox’s mother and other family members as primary sources.

Amanda Knox is not an innocent political prisoner who was railroaded in some Third World country for some very murky reason. She was unanimously convicted after a lengthy trial at which the evidence was absolutely overwhelming. 

As the Christian Longo and Scott Peterson cases that we posted on below go to prove, seemingly quite normal people commit horrific murders. Probably the vast majority of murders are committed by people who to many seemed normal.

It seems downright perverse that some of the journalists who have interviewed Edda Mellas treat Amanda Knox as a victim, and with cloying sympathy ask “How is Amanda doing?”  They wouldn’t dream of asking Charles Manson’s mum how the Manson girls are doing.

It is time for the sake of the truth, the legitimacy of the verdict, the relations between the US and Italy, and the peace of mind of Meredith’s family and friends, that from now on they hold Edda Mellas’s feet to the fire..


Wednesday, June 02, 2010

Calunnia Claims At The Core Of The Problem For Amanda Knox - And Her Parents

Posted by Peter Quennell



Here is Amanda Knox claiming mistreatment as the reason why she falsely fingered Patrick Lumumba.

This was the court CCTV camera feed to the press-room on 12 June 2009. It was legitimate for the reporters there to capture it.

Our Italy-based Italian-speaking posters Fiori and Nicki both observed that to many or most Italians. Knox’s two days on the stand rang pretty hollow. She apparently needed to come across as a lot more fragile for the claims in the video to ring true.

Yesterday at the first hearing to set the date for Knox’s new trial, the number of police interrogators who are considered to have been targets of calunnia Amanda Knox was stated as twelve.

They will presumably all be testifying both at Knox’s new trial in October, and at the trial of Curt Knox and Edda Mellas, who allegedly repeated Knox’s claims on TV, and for whom the first hearing is coming up on 7 July.

They could face prison time and/or fines.

Judge Claudia Matteini observed that her presiding over the early hearings into Meredith’s case in 2008 (and denying Knox house arrest, a denial believed based in part on a psychological profile never made public) was not automatically a reason for her being replaced as a judge in this new case.

Knox had not made the claims you can see in the video at the time Judge Matteini was presiding. However, she agreed with what seems a reasonable defense request that a higher court should take the question of a possible conflict of interest under review.

She stated that the appeals court will issue a decision on who should be the judge for the new trial on 17 June.


Tuesday, June 01, 2010

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

Posted by Peter Quennell



[click for larger image]

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

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

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

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

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

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

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


Sunday, May 30, 2010

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

Posted by Peter Quennell





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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Friday, April 02, 2010

How The Strongarm Public Relations Resulted in Most Of The Media Getting It Wrong

Posted by Peter Quennell


Click above for the full excerpt from Barbie Nadeau’s new book.

This is surely one of the worst cases of misreporting and malicious bias in all of media history. It’d be very nice (though don’t hold your breath!) if journalism schools and media owners examined the firestorm to stop it ever happening again.

Consider just the US hall of shame.

And please remember: this is the SAME media that turned a blind eye to the Micheli sentencing report on Guede, and appears to be trying hard to do the same (not one of them is translating it) to the Massei sentencing report on Knox and Sollecito.

Here is Barbie Nadeau describing how the sharp-elbowed Knox/Marriott public relations bombardment warped Americans’ take on the case.

Coverage of the crime began to diverge on the two sides of the Atlantic. From the vantage point of Perugia, it seemed as though the Knox family’s American supporters were simply choosing to ignore the facts that were coming to light in Italy….

The American press hung back, at first, objective and somewhat disbelieving that such a wholesome-seeming girl could have any connection to such a sordid foreign crime, and then, as the family stepped up its defense, increasingly divided between two camps that would become simply the innocentisti””those who believed she was blameless””and the colpevolisti, those who did not. In Perugia, these labels governed access…

Of the handful of American journalists in Perugia in late 2007 and early 2008, none got access to the Knox family without certain guarantees about positive coverage. Within months, the family decided to speak on the record primarily to the American TV networks, often in exchange for airfare and hotel bills. Most of the print press was shut out. And the TV producers learned to be very cautious about being seen with people like me, lest the Knox family should cut them off.

But as interest in the case grew, an odd assortment of American talking heads attached their reputations to Amanda’s innocence. An aggressive support group called Friends of Amanda formed in Seattle, headed by Anne Bremner, a media-savvy criminal lawyer who had cut her teeth as a tough prosecutor in Seattle’s King County Court…

Very quickly, [PR manager David] Marriott lost control of the situation. As he spoon-fed the Knox-approved message to American outlets that couldn’t afford to send correspondents to Italy, those of us on the ground in Perugia began passing his contradictory e-mails around as entertainment during the long days in the court.

[We reporters in Rome] began what would be a two-year battle against the Seattle message machine, incurring personal attacks and outright threats.

.

We rather like the Daily Beast book, for its splash of cold water on the media, and for its highly accurate accounting of the court proceedings and of the voluminous evidence the judges also describe in their report.

We also believe that although Meredith’s family did not participate, Barbie Nadeau has strong compassion for them, and a sense of real loss over Meredith.


Wednesday, March 17, 2010

Tomorrow In Rome: Italian American Foundation Panel - May Be Tilted Anti Truth

Posted by Cesare Beccaria



The venue Palazzo Marini above and at bottom

1. Notice Of The Panel

[See at bottom for a report]  Strange panel. Perhaps we are wrong, but none of these names seem to have surfaced before in connection with Meredith’s case.

Nobody seriously acquainted with the facts to be there? The introducer and organizer Rocco Girlanda blatantly pro-Knon?

This is the notice of the panel posted on the Italian American Foundation website. And these are the experts who will speak.

  • Anthony Sistilli, lawyer, Novastudia Law Firm

  • Catherine Arcabascio, Dean of Nova Southeastern University Law Center of Fort Lauderdale FL, and a co-founder of the American organization The Innocence Project

  • Rebecca Spitzmiller, Faculty of Law University Roma Tre

  • Patricia Thomas, Associated Press

The chairman will be Moreno Marinozzi, Sky Tg24 journalist. And the meeting will be introduced by the President of Italy-USA Foundation Hon. Rocco Girlanda.

2. Andrea Vogt Reports

Excerpts from the Seattle PI 18 March

In Rome, a discussion of Amanda Knox tries to improve U.S.-Italian relations

Amanda Knox sits in a prison in Italy, convicted of murdering her roommate, Meredith Kercher.

But in Rome on Thursday, lawyers and professors gathered to consider what would have happened if Knox, a Seattle native and University of Washington student, had been tried in the U.S.

The gathering was not so much an exercise in legal theorizing as one to smooth the hard feelings between Italy and the United States over the trial of one American college student. It’s a case that has spawned books, Websites and congressional involvement.

In fact, experts decided they couldn’t say what would have happened in an American trial.
globe

“The only answer is, it is impossible to answer this question,” lawyer Anthony Sistilli told the audience, according to ANSA Italian wire services that covered the forum. “We do not want to retry the case. We want to help bridge the gap of understanding, which is our mission for this meeting.”

The debate, held at a parliamentary annex in Rome, was sponsored by the Italy-USA Foundation. The panelists included Sistilli and two American law professors, Catherine Arcabascio, dean of the Nova Southeastern University Law Center in Fort Lauderdale and Rebecca Spitzmiller, who teaches at the Roma Tre University, as well as the American University in Rome.

“Trial outcomes are unpredictable. You really can’t guess what the outcome would be,” Arcabascio, who is co-director of the Florida Innocence Project, told the crowd.

“But reasonable doubt is a standard of proof we use in both countries.”

Arcabascio also noted that sequestered juries are still used in the United States, but less and less common due to the high cost.

The forum’s aim, organizers said, was to bridge the widening gap between observers of the case in Italy and in the United States, where Washington state politicians in particular have made their voices heard on the case.

“No-one had any intention of bringing up criticisms,” said Rocco Girlanda, president of the U.S.-Italy Foundation told seattlepi.com. “Our scope was simply to compare the judicial systems and trial processes of Italy and the U.S.”

Girlanda ended the evening on a light note, saying that perhaps after the case’s expected appeal, the association would even have the chance to have a “special honored guest,” meaning Knox.

He also mentioned that the association is continuing to meet regularly with Knox in prison. Italy-USA Association officials said that prison authorities have called Knox’s behavior in Capanne “exemplary.”

Though she had requested work in the prison laundry, she has been given a less menial task with the prison commissary. Her job, according to foundation officials who meet with her, is to take orders from the various cellmates about what they want from the prison store. Inmates are able to buy items such as candy, cheese, soda or other small shopping items….

The Italy-USA Association, which works closely with the U.S. Embassy in Rome, has waded into the Knox debate before.

When angry reactions criticizing the Italian justice system flared after Knox’s guilty verdict, Girlanda, the association’s current president, used his position in the Italian parliament to arrange for a visit to Knox in the Capanne prison.

Parliamentarians are able to request access to the prisons at any time to review prison conditions. Girlanda, is from a small Umbrian town of Gubbio, near Perugia.

Girlanda has spoken with Prosecutor Giuliano Mignini about concerns raised over the case. He works in public relations.

Behind the scenes, a few observers speculated that Girlanda might become the Italian version of David Marriott., the Seattle public relations expert who represents the interests of Amanda Knox and her family and who has coordinated media appearances of Knox’s family and friends in the U.S.

Marriott is also the gatekeeper for Italian journalists who have wanted to interview friends and family of Knox’s in Seattle.


 


Friday, January 08, 2010

A Month Has Passed And Senator Cantwell Still Hasn’t Answered Constituents’ Hard Questions

Posted by Highly-Concerned Washington-State Voters


On December 9, 2009 five well-informed constituents of US Senator Marie Cantwell sent her an Open Letter.

It asked some questions about the reasoning behind her December 4th press release on the verdict in Meredith’s case.

The public release of this letter to Maria Cantwell garnered international attention, and it was quoted-from in various stories and reports published in Europe..

On December 10, a Cantwell Senate-office staff member in Washington DC, John Diamond, provided the one and only direct response to inquiries about it.

Mr Diamond claimed “Our staff has checked every possible in-box and not turned up the letter. We get lots of mail and email sent through to us every day, so I don’t know what the problem was. We now have your letter so it’s a mute point. We will get back to you.”

Rather bizarrely, on December 11th, Mr. Diamond then forwarded to the authors of the Open Letter a Knox/Mellas Family Press Release. It was issued by the paid Seattle PR man David Marriott, and Ms Cantwell’s office seemed to be endorsing it.

The release stated among other things, “We would like to publicly thank Senator Maria Cantwell for her support of Amanda, support of the family, and her continued work on our behalf.” 

No other response has ever been received by the authors of that Open Letter, other than one auto-reply email from Mr. Diamond saying, “I will be out of the office through Labor Day.” (Labor Day is the first Monday in September, then a full nine months away.)

On December 15th the Seattle PI’s Andrea Vogt in her story “The debate continues over Knox’s guilt”  reported that instead of repeating the harsh complaints of her press release, Cantwell’s spokesperson Katharine Lister was now saying this:

“Senator Cantwell believes that Amanda Knox deserved a fair trial, and now deserves a fair appeal by an impartial tribunal; all in keeping with the Council of Europe and the European Union’s treaties to which Italy has long been a signatory. While she certainly understands that the legal system and practice in Italy is different than in the U.S., she believes it is the responsibility of the U.S. government to press for fair treatment for any U.S. citizen facing legal jeopardy overseas. She will continue to press to ensure that Amanda gets a fair appeal, by an impartial tribunal.”

On December 24, 2009 the following new inquiry was sent to Senator Cantwell, reiterating the concerns of the original letter and a desire for a response from Senator Cantwell, and repeating the request to meet with Senator Cantwell herself or a senior member of her staff. 

To this letter Senator Cantwell’s Seattle area constituents are still awaiting her reply more than two weeks later.

Dear Senator Cantwell:

Last December we submitted an Open Letter and had some contact with John Diamond regarding your press release concerning the Amanda Knox guilty verdict in Italy for the murder of Meredith Kercher.  We have yet to receive a response other than an email from Mr. Diamond simply forwarding a press release from the Knox/Mellas Family. Five of your Seattle area constituents authored that Open Letter to question the reasoning behind statements made in your press release.

We did not feel as though we were well represented by that press release and are still awaiting a response to the issues we raised, including a request to meet with your Chief of Staff.  Now that the holiday break is upon us I think it’s a great time to revisit these issues since we haven’t seen any additional press releases from your office and are left wondering if the situation has progressed or if you have adjusted your position on the issue of the Amanda Knox guilty verdict in light of ongoing events and news coverage.

As a recap, here are the key points from your press release and a few of our questions regarding the rationale behind your points:

1. “I have serious questions about the Italian justice system and whether anti-Americanism tainted this trial.”

If you are requesting a full briefing on the principles of Italian justice it seems that there are far better places to ask than in what might be construed as a xenophobic press release. To our eye, you seem to be suggesting that anti-Americanism in Italy is a serious ongoing problem and I am wondering what evidence you have to support this perception and, specifically, how it would apply to the Amanda Knox (American) and Raffaele Sollecito (Italian) murder trial.

2. “The prosecution did not present enough evidence for an impartial jury to conclude beyond a reasonable doubt that Ms. Knox was guilty.”

How can you justify making such a statement?  You seem to be indicating here that you were following the case quite closely, but elsewhere you indicate that you weren’t.  Do you state this as an opinion or as a fact?  I am concerned because Curt Knox and Edda Mellas have been charged with defamation by the Italians for making similar unfounded accusations against the Italian justice system.

3.“Italian jurors were not sequestered and were allowed to view highly negative news coverage about Ms. Knox.”

What special knowledge do you have to make an informed critique of the Italian justice system? Our impression, having closely followed of the murder trial for Amanda Knox and Raffaele Sollecito, was that the jury behaved honorably and was somewhat restrained and lenient in issuing their ruling. We expect to find some justification for this impression in the lengthy and detailed summary of findings that the court will issue within 90 days of the ruling.

Regarding press coverage, our personal observation is that the media battle waged by the Knox family and David Marriott was, in fact, very effective in highlighting the concerns of the Knox family in outlets around the world, to the extreme point that whatever Curt Knox and Edda Mellas have to say about the murder case is reported verbatim, without question or verification.  We also believe that media coverage during the lengthy trial itself focused heavily on the prospect of an “innocent” Amanda Knox and the weaknesses in the prosecutor’s case.

4.“Other flaws in the Italian justice system on display in this case included the harsh treatment of Ms. Knox following her arrest; negligent handling of evidence by investigators; and pending charges of misconduct against one of the prosecutors stemming from another murder trial.”

What specific systemic flaws are you referring to here, and in comparison to what system?  We’re wondering what your specific recommendations would be to the Italian Foreign Minister and where you will find the time to research and author them. 

While we’ve seen the claims of harsh treatment and abuse in the media we are unable to verify any of these allegations.  We have noticed, however, that Amanda Knox has been charged with and investigated for making false allegations, and convicted in the instance of accusations made against her former employer Patrick Lumumba. Can you clearly detail any specific incident of harsh treatment Amanda Knox received, either before or following her arrest? 

Can you provide specific examples of the negligent handling of evidence that clearly compromised Amanda Knox’s right to a fair trial? We have followed this case closely from the beginning and while certain investigative elements could have been better handled we are not aware of anything suggesting that the Italians are fundamentally incapable of properly documenting and evaluating a crime scene, or conducting a fully “fair trial” for that matter.

In addition, we would appreciate a detailed description of your understanding of the alleged charges against prosecutor Giuliano Mignini and the relevant connection you are trying to make between that legal proceeding and the Amanda Knox, Raffaele Sollecito murder trial.

In regards to Amanda Knox, Mignini was one of two prosecutors in a case that involved the coordination of a variety of completely separate entities in Italian law enforcement and legal systems.  According to our understanding of Italian legal processes, the charge against Mignini relating to the other murder trial case seems somewhat routine, rather insignificant, and could very well be dismissed later this month.

5.“I will be conveying my concerns to Secretary of State Hillary Clinton.”

What was Secretary Clinton’s response to you?  It has been our understanding that the US State Department and US Embassy in Rome have been following this case from the beginning, have visited Amanda Knox in prison, and have attended court sessions.

We’re wondering what compelled you to insert yourself so publicly into an international situation when your press release gives the strong indication that you were not fully briefed before issuing it and appear to know very little about what has actually been going on with the case.

In the sole interest of providing you with our valid and informed perspective, we remain very interested in meeting with you and/or your Chief of Staff to discuss these issues in detail and share the facts as we understand them.  As your concerned constituents, please us know if this will soon be possible.

[signed by five constituents in the original]


Thursday, January 07, 2010

The False Accusation By Amanda Knox Against Patrick Lumumba

Posted by The Machine

This incisive video by our main poster ViaDellaPergola explores Amanda Knox’s accusations against Patrick Lumumba - made even though she knew very well he had then been at his bar.

These accusations resulted in Patrick’s arrest and imprisonment on the morning after the night that she first voiced them. Knox first made the claims as a WITNESS and so no lawyer was present, and so the statement was not entered into evidence.

But later on 6 November 2007 when she was in her prison cell as a SUSPECT she wrote her claims all out again. This purely voluntary written statement (alibi version 4)  by definition puts her at the scene of the crime. 

This written statement WAS entered into evidence - and not retracted or modified in any way until all believability had flown, and Patrick was already back home with his family.

In fact, it was not until she was on the stand on June 12 and 13 2009 that Amanda Knox came up with Alibi Version 5. This is the one never supported by Sollecito - where she claimed she was at his place all night.  Amanda Knox STILL has no alibi that stands firm.

Knox is being prosecuted by the Republic of Italy, not by Lumumba, on a calunnia charge. 

Explanation of

calunnia

The charge of calunnia (art. 368) has been commonly translated as “slander” in the English/US media. This translation is incorrect, however, as calunnia is a crime with no direct equivalent in the respective legal systems.

The equivalent of “criminal slander” is diffamazione, which is an attack on someone”Ÿs reputation. Calunnia is the crime of making false criminal accusations against someone whom the accuser knows to be innocent, or to simulate/fabricate false evidence, independently of the credibility/admissibility of the accusation or evidence.

The charges of calunnia and diffamazione are subject to very different jurisprudence. Diffamazione is public and explicit, and is a more minor offence, usually resulting in a fine and only prosecuted if the victim files a complaint, while calunnia can be secret or known only to the authorities. It may consist only of the simulation of clues, and is automatically prosecuted by the judiciary.

The crimes of calunnia and diffamazione are located in different sections of the criminal code: while diffamazione is in the chapter entitled “crimes against honour” in the section of the Code protecting personal liberties, calunnia is discussed in the chapter entitled “crimes against the administration of justice”, in a section that protects public powers.


Wednesday, December 09, 2009

Our Letter To Senator Maria Cantwell: Please Don’t Take Precipitate Action Till Full Facts Are In

Posted by Highly-Concerned Washington-State Voters


We are all regular voters who live in the Seattle area. We have signed the original of this letter to our US senator, Maria Cantwell, and sent it off to her Capitol office. 

We think we increasingly mirror a very large minority or even a majority of cool-headed but concerned Seattle-area voters who would like to see her speaking up for truth and real justice in this case.

And for the rights of the true victim.

We are not running a campaign. We don’t think Senator Cantwell needs hard persuasion. We think once she immerses herself deeply in the real facts, those facts will tell her the right thing to do.

Dear Senator Cantwell

A number of your well-informed constituents are wondering about your motivations for suddenly injecting yourself into the Meredith Kercher murder trial debate, immediately following last week’s unanimous guilty ruling for American Amanda Knox in Perugia, Italy. 

We wonder because you said you were saddened by the verdict and had serious questions about the Italian judicial system and whether anti-Americanism had tainted the trial.  But then you went on to describe how you knew for a fact that the prosecution in the case did not present enough evidence for an impartial jury to conclude beyond a reasonable doubt that Amanda Knox was guilty. 

We’re confused because it seems to us that if you had been following the case closely enough to be certain that not enough evidence had been presented by the prosecution that you would consequently have a very clear idea of how the Italian judicial system functioned and know whether or not anti-American sentiment had impacted the ruling. 

So, as a group of concerned Seattle area constituents who have been following every detail of this case since poor Meredith Kercher was murdered, we humbly offer you our assistance towards bringing things into proper perspective.

Were you aware that Raffaele Sollecito, an Italian from Giovinazzo, Bari was convicted right alongside Ms. Knox?  Mr. Sollecito received some of the best legal representation available in Italy, including senior lawyer and parliamentary deputy Giulia Bongiorno who won fame as a criminal lawyer when she successfully defended former Italian Premier Giulio Andreotti a few years ago. 

Ms Bongiorno has said nothing about anti-American sentiment having influenced the ruling against her client, nor has she complained about fundamental problems with the way this trial was run.  Instead, she is now completely focused on looking ahead to the appeal process as her next opportunity to mitigate sentences or argue for her client’s innocence. 

This should assuage some of your concerns.

But perhaps you are referring to the extra year Ms. Knox received in comparison to Mr. Sollecito’s 25-year sentence as a clear example of anti-American sentiment?  That’s a fair concern; however, in Italy the jury panel for a trial is required to submit a report within 90 days of a ruling describing in great detail the logic used to convict and sentence, or absolve a defendant. 

For example, in Rudy Guede’s fast-track trial for the murder of Meredith Kercher last year Judge Paolo Micheli issued an exhaustive 106 page report outlining the panel’s labored decision-making process, in sometimes excruciating detail.  We can expect no less for the trial of Amanda Knox and Raffaele Sollecito, and when that report is issued we will have our best look yet at the evidence that was used to convict the pair.

We suggest that you seriously reconsider “bringing” Hillary Clinton and the State Department into the debate.

Consider that State Department spokesman Ian Kelly stated that the US embassy in Rome had been tasked with monitoring the trial and had visited Ms. Knox in jail, and several embassy representatives were known to have attended the reading of the ruling last week. In addition, an American reporter based in Italy who has followed the case from the outset said last night on CNN that the trial had been monitored from the outset.

Secretary Clinton has clearly been very busy with far more critical tasks than to have maintained a personal familiarity with the Kercher murder case; however, Kelly did state that in response to recent press reports Secretary Clinton had taken time to look things over and has yet to find any indication that Knox did not receive a fair trial.  You surely realize that Secretary Clinton will not be interested making public comments regarding an ongoing legal process in a sovereign, democratic nation that is a long-time ally of the United States.

Also note that on the Italian side of the equation, Italian Foreign Minister Franco Frattini told his countrymen that he has yet to receive any criticisms of the trial from the office of the US Secretary of State and that the fierce criticism of the case by the Seattle based Amanda Knox support group should not be confused as the position of the US government. 

And Luciano Ghirga, Knox’s own Italian lawyer, has stated that he does not question the validity of the trial and that he believes it was conducted correctly. Furthermore, regarding your desire to have Clinton become involved, Ghirga concluded, “That’s all we need, Hillary Clinton involved”¦this sort of thing does not help us in any way.” 

Perhaps he is referring to the heated discussions in the Italian press these days regarding the strong criticisms of Italy’s legal system coming from a country that supports Guantanamo Bay, the death penalty, and other perceived injustices of a far-from-perfect American legal system.

As these examples demonstrate, and from your own humble constituents’ well-informed perspective, there is nothing out of the ordinary or alarming about the Meredith Kercher murder trial process.  The prosecutors and defense teams will continue to debate the evidence throughout the appeal process, just as we should expect them to. 

If you do decide to go forward with your inquiry, despite significant opposition from your constituents, we recommend that you do so only after becoming more familiar with the evidence presented during the trial, as presented by a neutral source. The family and friends of the US citizen recently convicted are probably not neutral.

If you take a good look, you will see that there are checks and balances in the Italian way of achieving justice, just as there are in the American system. In the final analysis, it is completely as Beatrice Cristiani, deputy judge for the Kercher murder trial, put it: “As far as I am aware our system of justice does not make provision for interference from overseas.”

Fully signed by all of us in the original sent to Senator Maria Cantwell


Thursday, October 08, 2009

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

Posted by Peter Quennell


And,  in short, it is ominous.

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

Evidence: Rudy Guede

Who it hurts: Knox and Sollecito

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

Evidence: Murder dynamic

Who it hurts: Knox and Sollecito

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

Evidence: Knox’s confession

Who it hurts: Knox

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

Evidence: Conflicting alibis

Who it hurts: Unknown

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

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

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


Wednesday, September 16, 2009

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

Posted by The Machine


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

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

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

False claim 1

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

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

False claim 2

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

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

False claim 3

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

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

False claim 4

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

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

False claim 5

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

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

False claim 6

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

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

False claim 7

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

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

False claim 8

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

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

False claim 9

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

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

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


Friday, July 31, 2009

Prosecutor Mignini Describes What Actually Happened At The Session With Knox Ending 5:45 AM

Posted by Peter Quennell


Linda Byron is an investigative reporter for a TV station in Seattle.

Her investigative exclusives seem almost exclusively to consist of long and unchecked quotes from the FOA camp together with two or three spaniel-eyed questions.

Which then become yet another shrill report on Seattle TV about what those dastardly Italians are doing to poor Knox. A typical report of hers can be seen here (try later if they are still hiding it).

These are a few of the facts of the case that Linda Byron seems NOT to have mastered.

  • That the Italian process of justice is actually very fair and very cautious, is tilted much more to the defense than in the UK and US, and requires prosecutors to jump through a number of hoops before they ever get their case to trial.

  • That a judge in Perugia last January issued an impressive 106-page report which explains in great detail why he decided Guede was guilty and why a great deal of evidence suggests that Knox and Sollecito might be too.

  • That there are TWO senior and respected prosecutors on this case, not just one, that the victim’s family has expressed full confidence in them, and that neither prosecutor has ever made any claims about a satanic motive here.

  • That the prosecution has just presented a formidable case with the help of Italy’s equivalent of the FBI and Scotland Yard, and the defenses seem to be gaining little traction in bringing it down or offering alternatives

  • That almost every prosecutor in Italy runs into administrative charges at some time in their career, they are so easy to file, and the charges against Mr Mignini always did look politically motivated and frivolous and likely soon to evaporate.

  • That the sliming of Mr Mignini has not been a success, that the FOA campaign in Italy has not been a success, and that Amanda Knox on the stand doesn’t seem to have been much of a success either.

And that above all there is a REAL victim here at the heart of this sad crime, known by the name of Meredith Kercher. And that her poor family is suffering for real here -  though of course many miles away from Linda Byron.

So. Instead of good journalism at long last in her latest report, what does Linda Byron have to offer?

No surprises here. Yet more of the sliming of Mr Mignini (this is an acrobat version).

“There are many parallels between the Monster of Florence case and the Knox case, I mean there are shocking parallels,” said American crime writer Doug Preston.

Preston says Mignini believes the monster was no lone psychopath, but part of a satanic sect. He suggested an eerily similar motive for Kercher’s murder, which took place on November 1, 2007.

“Which is right before the Italian day of the dead, and that this was some kind of satanic ritualistic ceremony that they were engaged in. That they killed Meredith Kercher as part of this satanic ceremony,” said Preston….

“He decides right up front with almost no evidence based on his gut feeling or intuition that you’re guilty and then sets out to prove it,” said Preston.

Actually, there seem to be no parallels whatsoever between the Florence and Perugia cases. For example Amanda Knox was interrogated only for two rather short periods - and Mr Mignini was not even present at the first of them.

And Mr Mignini was quite tangential to the Monster of Florence case. He was actually investigating a drowning to the west of Perugia. And when Preston and his partner interfered in Mr Mignini’s case in a particularly harebrained manner, a sharp response was inevitable.

Linda Byron invited Mr Mignini to provide a response to the heated claims in her piece. Either the response was completely over her head, or she did understand it and tried to bury it - it is ONLY only available in Italian, via a link, with a second link to Yahoo’s awful cut-and-paste translator.

Here now is Mr Mignini’s entire response put into good English, not by Yahoo, but by two of our own excellent native-Italian speakers.


Dear Ms Byron,

I hope we will be able to meet and discuss sometime in person, since some of the issues you have examined, specifically the Florentine proceedings against myself and Dr Giuttari, are way too complex to be described in just a few words. I will try to give a short answer here.

To begin with, there is no relationship between the events that are the subject of Spezi’s and Preston’s book and the murder of young Ms Kercher beside the fact that I am the one person dealing with both the Narducci proceedings (connected to the Monster of Florence case) and the Meredith Kercher murder.

These two are totally different events, as well as wholly unrelated to each other, and I am not able to see any type of analogy.

Furthermore, while the precautionary custody order for Spezi has been voided by the Tribunale del Riesame of Perugia, exclusively on the grounds of insufficient elements of proof, the precautionary custody order for Knox was firmly confirmed not only by the Tribunal of Riesame in Perugia,, but above all by the Sixth Section of the Court of Cassazione, which has declared the matter decided and closed.

About the “sacrificial rite” issue, I have never stated that Meredith Kercher was the victim of a “sacrificial rite”.

It should be sufficient to read the charges to understand that the three defendants have been accused of having killed Ms Kercher in the course of activities of a sexual nature, which are notoriously very different from a “sacrificial rite”.

The Monster of Florence investigations have been led by the Florentine magistrates Adolfo Izzo, Silvia della Monica, Pierluigi Vigna, Paolo Canessa and some others.

I have never served in Florence. I have led investigations related to the case since October 2001, but only with regard to the death of Dr Francesco Narducci, and just a superficial knowledge of those proceedings [Dr Narducci drowned or was drowned] would suffice to realize that I never spoke of a “sacrificial rite” which in this case doesn’t make any good sense.

About the defense lawyer issue.  Mr. Preston was heard as a person claiming information about the facts (in effect a witness), but after indications of some circumstances against him surfaced, the interview was suspended, since at that point he should have been assisted by an attorney, and since according to the law the specific crime hypothesis required the proceedings to be suspended until a ruling on them was handed down.

All I did was to apply the Italian law to the proceedings. I really cannot understand any problem.

In the usual way, Knox was first heard by the police as a witness, but when some essential elements of her involvement with the murder surfaced, the police suspended the interview, according to Article 63 of the penal proceedings code.

But Knox then decided to render spontaneous declarations, that I took up without any further questioning, which is entirely lawful. According to Article 374 of the penal proceedings code, suspects must be assisted by a lawyer only during a formal interrogation, and when being notified of alleged crimes and questioned by a prosecutor or judge, not when they intend to render unsolicited declarations.

Since I didn’t do anything other than to apply the Italian law applicable to both matters, I am unable to understand the objections and reservations which you are talking about.

Secondly, I have told you that explaining the nature of the accusations against me is a complex job.

In short, it has been alleged that I have favored Dr Giuttari’s position, who was investigated together with two of his collaborators for a (non-existent) political forgery of a tape recording transcription of a conversation between Dr Giuttari and Dr Canessa.

The latter was giving vent to his feelings, telling Dr Giuttari that the head prosecutor in Florence (at the time) was not a free man in relation to his handling of the Monster investigations.

A technical advisor from the prosecutor’s office in Genoa had tried to attribute that sentence to Dr Giuttari, without having previously obtained a sound test from him, only from Dr Canessa.

I decided, rightly and properly, to perform another technical test on that tape for my trial (I have a copy of it, and the original transcripts of the recording).

I had the technical test performed by the Head of the Sound Task Force of the RIS Carabinieri in Rome, Captain Claudio Ciampini.

If Giuttari had lied, Captain Ciampini would have certainly said so. But his conclusions from the analysis were that that sentence had been pronounced by Dr Canessa. And by the way, this is clearly audible.

I then deemed it appropriate to interrogate the technical adviser from Genoa, in the sphere of the investigations led by me, since the people under investigation were thoroughly but inexplicably aware of the development of the investigation of Dr Giuttari.

The technical advisor from Genoa had made some absolutely non-credible declarations, and I had to investigate him.

The GUP from Genoa, Dr Roberto Fenizia, by means of a non-contested verdict on 9 November 2006, acquitted Dr Giuttari and his collaborators, because the alleged crimes had never occurred.

Therefore, I am accused for doing a proper and due investigation, without even the consideration that I have spared some innocent people from a sentence. I leave any further evaluation up to you.

As for the phone tappings, they had been fully authorized or validated by the GIP. [Those charges are now thrown out.] Explain to me how they can be considered wrongful. I haven’t been able to understand this yet.

This is the story of that case in short, and I am certain the truth will prevail.

None of us is guaranteed not to be subjected to unjust trials, especially when sensitive and “inconvenient” investigations have been conducted.

When accusations are serious and heavy in Italy, a magistrate that has been investigated or charged suffers heavy consequences.

There are appropriate bodies in charge to intervene according to the current laws, but the Florentine penal proceeding so far hasn’t affected me at all, perhaps because everybody ““ and specifically those professionally working on the matter - have realized that such penal proceedings have been anomalous, to use a euphemism.

As to my possibility to appeal any conviction, the Italian law provides for it, and I don’t need to say more.

I will make some closing remarks on the different jurisdictions.

Indeed there are differences between the [UK and US] common law jurisdictions and those of continental Europe, including the Italian one, which like any other jurisdiction has its flaws but also its merits, of which I “˜m becoming more aware as I carry on.

Furthermore, both jurisdictions are expressions of the juridical culture of the Western world, and this is something that shouldn’t be disregarded.

I don’t think I need to add anything else, except that these issues would need to be discussed in a personal conversation in order to delve further into the matter.

Sincerely

Giuliano Mignini

No wonder Linda Byron seemed to want to bury this letter. Does anybody now not think that the charges against Mr Mignini are quite ludicrous?  Preston’s and the Florence prosecutor’s both? 

Mr Mignini seems to be suggesting to Linda Byron to hop on a plane to Italy and to try getting her facts straight once and for all. Don’t hold your breath waiting for that one.


Sunday, June 14, 2009

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

Posted by Nicki





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

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

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

  • Amanda growls but Patrick bites (Il Giornale)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Saturday, June 13, 2009

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

Posted by Fiori





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

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

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

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

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

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

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

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

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

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



Monday, March 16, 2009

Outcome Of Back-Seat Driving: Defense Lawyers Pulling Their Hair Out? Again?

Posted by Peter Quennell




1) Stepfather Chris Mellas

Mr Mellas as reported on Saturday:

He had spoken to Ms Knox on the eve of the hearing. “I told her she’s innocent and she needs to speak up for herself.”

2) Prosecutor Giuliano Mignini

Dr Mignini as reported on Sunday.

The newspaper Corriere dell’ Umbria said that Giuliano Mignini, the prosecutor, would bring an additional charge of slander against Ms Knox, since all police officers and interpreters who have given evidence at the trial have testified under oath that she was at no stage put under pressure or physically mistreated.

3) Stepfather Chris Mellas as reported on Monday:

Ooops. Did I just cost her 6 more years? Maybe her lawyers really can advise Amanda better than an amateur who doesn’t speak the language. 

I’m on the next plane outta here. Sorry, kid, and all that. Still friends, though, right?

Okay, we made that last one up. But maybe even Amanda Knox is now thinking this way?

4) Times Report - Full Quote

The [UK] Times

Richard Owen, Rome

March 15, 2009

Amanda Knox, the American student charged with the murder and sexual assault of Meredith Kercher, faces an additional charge of slander for claiming that police struck her while she was being questioned.

At the latest hearings in her trial in Perugia, Ms Knox claimed that police had put her under psychological and physical pressure to admit that she was present at the murder.

Ms Knox, who has the right to address the court at any time during her trial, was reacting to evidence from Anna Donnino, a police interpreter who claimed that Ms Knox had behaved “as if a weight had been lifted from her” when she admitted that she had been at the scene of the crime and accused Patrick Diya Lumumba, a Congolese bar owner for whom she worked part-time, of the killing. Ms Knox told police that she had covered her ears in the kitchen to block out Ms Kercher’s screams.

Ms Donnino said that when questioned after Ms Kercher’s body was found, Ms Knox walked up and down nervously at the police station, “hitting her head with her hands”. She had denied responding to an SMS message from Mr Lumumba telling her there was no need to come to work because there were few customers, leaving her free for the evening. But she broke down when police said phone records showed that she had done so, Ms Donnino said.

“She showed extreme emotional involvement ““ she was crying and visibly shocked, saying ‘It was him, it was him. He’s bad’,” Ms Donnino added.

Ms Knox, speaking in fluent Italian, said police had called her a “stupid liar” during “hours and hours” of questioning during which she had stuck to her story that she spent the night of the murder at the flat of Raffaele Sollecito, her former boyfriend and co-accused.

She said that Ms Donnino had suggested to her “that probably I didn’t remember well because I was traumatised, so I should try to remember something else”. There had been an “aggressive insistence” on the text message she had received from Mr Lumumba, Ms Knox said. She insisted she had been slapped on the head by police, adding “I’m sorry, but it’s true”.

Ms Donnino said that Ms Knox had been “comforted” by police, given food and drink, and had at no stage been hit or threatened.

The newspaper Corriere dell’ Umbria said that Giuliano Mignini, the prosecutor, would bring an additional charge of slander against Ms Knox, since all police officers and interpreters who have given evidence at the trial have testified under oath that she was at no stage put under pressure or physically mistreated.

Ms Kercher’s semi-naked body was found under a duvet on the floor of her bedroom in November 2007, at the hillside cottage in Perugia she shared with Ms Knox and two Italian women. She had been stabbed in the throat.

The prosecution accuses Ms Knox and Mr Sollecito of murdering and sexually assaulting Ms Kercher with Rudy Guede, an Ivory Coast immigrant who was given a 30-year sentence last October for the crime under fast-track procedures. He began his appeal last week, claiming Ms Knox had killed Ms Kercher in a row over stolen cash.

The all-night interrogation in which Ms Knox accused Mr Lumumba and described blocking her ears was ruled inadmissible by Italy’s Supreme Court because no lawyer was present. However a voluntary statement written by Ms Knox in English repeating this scenario has been accepted as court evidence despite defence protests. The defence claims Ms Knox was not at the cottage during the murder but at Mr Sollecito’s flat.

Mr Lumumba, who was arrested but later released without charge, is suing Ms Knox for defamation. He is also seeking damages for wrongful imprisonment.

Aida Colontane, another police interpreter, told the court that she had noticed a red mark on Ms Knox’s neck which “leapt out” from her “extraordinary pallor”. Laura Mezzetti, one of the Italian flatmates of Ms Knox and Ms Kercher, has also testified that Ms Knox had a red mark on her neck. Curt Knox, Ms Knox’s father, has suggested the mark was a love bite.

Fabio D’Astolto, an English-speaking police officer who helped to question Ms Knox, told the court that she and Mr Sollecito had behaved strangely, kissing and cuddling and talking together in low voices. A number of other witnesses have given the same testimony.

Mr D’Astolto said he had ensured that Ms Knox understood procedures and questions at all times. Daniele Moscatelli, another police officer, said officers had confiscated a long knife from Mr Sollecito, who had explained to them that he collected knives as a hobby. Mr Sollecito appeared confused and nervous during questioning, he said.

At the last hearings two weeks ago the court was told that Ms Knox had done cartwheels and the splits while waiting to be questioned by police. However Chris Mellas, her stepfather, who is attending the trial, said that his stepdaughter was doing yoga exercises and a police officer had asked her to do gymnastics, remarking “You look rather flexible”.

Oreste Volturno, the police officer who led a search of Mr Sollecito’s flat, said he had been struck by “the powerful smell of bleach”. The prosecution says the kitchen knife found at the flat which is presumed to be the murder weapon had been scrubbed with bleach in an attempt to erase blood and DNA traces.

The court was told that police investigating Ms Knox had tapped her phone calls and intercepted her correspondence before and after her arrest, including an email to friends in Seattle in which she claimed that she had found Ms Kercher’s body. She had written and received around 600 letters over a six-month period, all of which were intercepted and then translated by a team of four police interpreters. Her conversations with prison visitors were also recorded.

Francesco Maresca, the lawyer for the Kercher family, said that the suspects’ alibi that they had spent the night of the murder at Mr Sollecito’s flat had collapsed after Marco Trotta, a police computer expert, said that tests on Mr Sollecito’s computer showed that nobody had used it on the night that Ms Kercher was stabbed to death. Mr Sollecito claims he was at his flat working on his computer at the time of the murder.

Mr Trotta said tests his team had carried out on Mr Sollecito’s computer showed “no human interaction” between 9.10pm on November 1 and 5.32am on November 2, 2007. Ms Kercher’s body was found in the late morning of November 2 but she is believed to have died between 9pm and 11pm the night before.

Mr Sollecito says that he downloaded and watched the film Amelie during the night. However, Mr Trotta said that the film had been watched at around 6.30pm. Ms Kercher returned to the cottage she shared with Ms Knox at about 9pm.

Ms Knox’s Italian language teacher in Perugia, Antonella Negri, told the court that as a class exercise Ms Knox had written a letter to her mother, after the discovery of her flatmate’s body but before her arrest. “In it she said she worried and confused and she wanted her mother to travel to Perugia so she could distract herself and they could go shopping together,” Ms Negri told the court. She said Ms Knox had referred to the murder at the start of the class. “She leaned forward on to the desk and lay her head in her arms.”

The trial resumes next Friday, when the six jurors are expected to tour the murder scene in an inspection requested by lawyers acting for Mr Sollecito. The prosecution claims Ms Knox and Mr Sollecito broke a window at the cottage to simulate a burglary, but the defence contests this.

The court was shown grainy CCTV images said to be of Ms Kercher returning to the house shortly before her death. The images were taken by a surveillance camera at the car park above the cottage. Defence lawyers said that the footage was of such poor quality that it should not be admitted as evidence.


Saturday, March 14, 2009

Trial: More Testimony On Knox Acting Weird After Meredith Was Murdered

Posted by Peter Quennell




Overview

Click above for the full ABC website report.

Perhaps ABC News is attempting to turn over a new leaf here. Long conspicuous for banging the PR-inspired drum about a frame-up of Knox by those meanie Italians, ABC now seems the one American network attempting its own reporting.

This story was written by Ann Wise, apparently in Rome on 13 and 14 March,  with Zach Nowak, an American resident of Perugia, in the courtroom.

Witnesses on these two days included investigators D’Astolto and Volturno and interpreters Colantone and Donnino.


1) Testimony about Knox hitting herself on the head

Fabio D’Astolto, an English-speaking police officer in Perugia, told the court today that he was asked to come to the police station on Nov. 2, 2007, the day Kercher’s body was found, to help question Knox.

“She seemed calm, as if nothing had happened, while everyone else was crying,” said D’Astolto. However, when D’Astolto accompanied Knox to have her fingerprints taken, he said Knox “paced up and down the hallway pretty nervously, and brought her hands to her head, hitting herself on the temples.”

D’Astolto said her behavior worried him, and he offered to get her something to drink, but Knox said she was fine.

At bottom here is a full translation of this testimony by Catnip.


2) Testimony about Knox shaking uncontrollably back at the house

Another interpreter, Ada Colantone, described Knox’s behavior two days later when she and the two Italian women who also shared the Perugia apartment were taken back to confirm that the knives found in the kitchen belonged there. Knox “started shaking,” recounted Colantone.

“She was shaking so hard that the coroner went over to her. She was visibly upset, and made to lie down on the couch.” She said Knox also began crying.


3) Testimony about Knox’s “emotional shock” at seeing Patrick’s text message

Anna Donnino, an interpreter for the Perugia police, said she was summoned to the police station to translate just after midnight. Knox was calm as police talked to her again about what she had been doing the evening of Nov. 1, the night Kercher was slain, Donnino said.

But Knox had an “emotional shock” when she was shown a text message she had sent to Patrick Lumumba, her boss at the pub where she worked occasionally. “She brought her hands to her head, and shook it,” Donnino told the court. And also: “It’s him, he did it, I can feel it,” referring to Lumumba.

The questioning stopped, and when Knox was asked if she wanted a lawyer, she said no, according to Donnino. Donnino repeatedly confirmed that Knox was never mistreated, and made her statements voluntarily.

Included in this post is a transcript of Anna Donnino translated by Catnip.


4) Testimony about Chief Inspector Oreste Volturno’s investigations

He testified that he took part in the search of Raffaele’s place; and investigated when and where the bleach found there was purchased, and investigated the 20 euro withdrawal from Meredith’s account, and tried to track down Raffaele’s school and police records; and also participated in the seizure of material from the Telenorba TV station after their broadcast had gone to air.

On the next post here is a full translation of this testimony by Catnip.


5) Finally, Knox rose in the court today to attempt some damage control:

In Italian courtrooms, defendants are allowed to make statements during their trial, and Knox stood today to refute the police depiction that they treated her well and that her statements were made voluntarily.

In a respectful but insistent tone, Knox said in clear Italian, “The witnesses are denying things about the interrogation. There were hours and hours that they don’t talk about, during which I confirmed my story and there was an aggressive insistence on the text message to Patrick,” she said.


6) Translation Of Testimony Of Assistant Fabio D’Astolto

Fabio Astolfo helped translate during interviews, helped with food and drink from the vending machines, and observed Amanda hitting herself while on the way to get her fingerprints taken.

Transcript translated is of testimony given in the hearing of 13 March 2009, pp 68-84

[68]
Depositions of the witness Fabio D’Astolto

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

Particulars: Assistant Fabio D’Astolto, with the Perugia Police ““ Flying Section; born 22 July 1972 in Sydney (Australia).

President: Mr Public Prosecutor.

Public Prosecutor, Dr Mignini
QUESTION: You on the date of 2 November 2007 were in service at the Perugia Police Station, in which office in particular?
ANSWER: I was at the Flying Section of the Station.

Q: You were born in Australia?
A: Yes.

Q: Your mother tongue is English?
A: Yes, yes, I lived in Australia until 14 years of age, I studied several”¦

Q: I wanted to know this, you remember the murder of Meredith Kercher, you took part in investigation activity or anyway had been called in relation [69] to the investigations that were being carried out?
A: I had been simply called as someone knowing English the afternoon of the 2nd.

Q: Do you remember the exact time?
A: It was afternoon but the exact time, exactly I don’t remember.

Q: Were you there in the Police Station?
A: I was at home and then they had called me from the Station saying that they needed a person who obviously knew the English language, I did nothing else but take the car and go to the Station.

Q: You knew that Meredith Kercher was dead and how she died?
A: No.

Q: What did you know?
A: I knew that there was a decease, but how”¦

Q: Knew from whom?
A: Yes, then when I had arrived at the Station that I went to the office they had mentioned that there was an English girl but I absolutely didn’t know how this girl had died.

Q: So it could even have been a natural death?
A: For me it could have been a natural death, suicide, I don’t know, anything.

Q: So no one had informed you?
A: No.

Q: So you arrive at the Station and then what happens?
A: I arrive at the Station, I go into the Inspector’s office, I go in, I sit down beside the Inspector and I begin, in quotes, to translate what they were asking me and then I was referring, that is I was re-translating the words of the signorina.

Q: You’d spent”¦
A: This was my job. Miss Amanda.

[70] Q: You’d spent how many hours at the Station?
A: A lot, up until around seven in the morning, more or less.

Q: You had in practice carried out the functions of an interpreter?
A: Yes, simply translating what was asked and then the reply.

Q: By Amanda Knox?
A: Yes.

Q: Can you say what behaviour Amanda had?
A: Her behaviour was, in my opinion, enough”¦

Intervention: No, not your opinion, let’s avoid evaluations!

President: Like a photograph.
A: Yes. Her behaviour was one thing only, in the sense that it seemed to me to be something calm enough, as if absolutely nothing had happened, this was her behaviour.

Public Prosecutor ““ Dr Mignini: Were there also other girls?
A: Yes, there were other friends, I think acquaintances, anyway there were other girls inside the Station, at the Flying [Squad] and they were all obviously tried.

Q: What were they doing?
A: They were seated quietly, they were really”¦ some were crying, some were a bit distressed obviously by the event.

Q: Amanda, you had seen her also waiting to be heard or else you’d seen her only in the”¦
A: I had seen Amanda for the entire span of time that I was inside the Police Station because obviously then we were there also with the other persons, every now and then I was accompanying some girl down to get something to drink, something to eat, we have a little [71] automatic machine, a vending machine downstairs, so if they needed anything we were always obviously at their disposal.

Q: You saw her with Sollecito in the Station?
A: Yes, yes.

Q: This when, before being heard or after?
A: After.

Q: And after what was she doing?
A: There’s a small waiting room there by the Flying Squad offices where there was obviously everyone, the ones who were waiting to be heard etc etc, their behaviour they were kissing each other, they were hugging, every now and then they were laughing.

Q: Were they talking to each other?
A: Yes, they were talking also between themselves.

Q: Were they talking in a loud voice?
A: A lowered voice, I in fact had heard absolutely nothing of what they were saying. They were talking amongst themselves.

Q: But they had said something at that moment or one of the two”¦
A: Every now and then, I remember that Sollecito asked me once: “But what time are we finishing?” and I had simply told him: “a bit of patience, we’ll try and finish as quickly as we can”, to stay calm for a sec, it takes what it takes.

Q: You’ heard her first at the beginning, that is you’d translated the questions and the answers.
A: I had simply translated the questions that the Inspector had asked and then I’d referred obviously to Amanda, always asking her: “you’ve understood?” and then as Amanda was going me the reply I simply retranslated for the Inspector.

Q: She was demonstrating an ability to in part understand Italian?
[72] A: Yes, yes, she was understanding also because I more than once had asked her “Have you understood? Do I need to repeat the question?”, so.

Q: Then you had also seen her subsequently? Had there been things ascertained?
A: Yes, then I think that it was around four, now I don’t remember well, in the morning obviously, I had accompanied her down where there’s the Scientific Police to take her prints, for the mugshots basically. We had gone down, no problems, then at a certain point along the corridor, right in front of the Scientifica there’s a corridor, she was walking up and down in a quite nervous manner and every now and then she was taking her hands and she was putting them like this on her head, she was hitting herself a bit like this. I at a certain point I started to get a bit worried, if she was feeling ill, I don’t know. Then I asked: “Do you need some water? Do you want a coffee? Do you want to sit down for a bit? Don’t worry yourself, stay calm” and I remember that she had turned round as if to say”¦ in fact she’d said to me: “no, no, I don’t want anything, I don’t need anything”. I’d left it at that, I’d said: “OK, it’s no trouble at all’, if you don’t need anything”.

Q: These blows she was giving herself”¦
A: Basically she was making this gesture here.

Q: Were they strong?
President: A gesture where she was lifting both her hands simultaneously to the height of her temples?
A: Yes, of her head.

President: Repeatedly?
A: Yes.

Public Prosecutor ““ Dr Mignini: She was hitting herself on the head with her hands or just lifting her hands to her head and that’s it?
A: No, no, she was hitting herself.

[73] Q: You have said in the statement of 21 December 2007 “strong enough”, you were saying that she was hitting herself rather hard, at page 10.
A: Yes I confirm that.

Q: You then tried, you insisted?
A: Seeing this scene I became worried and asked her: “Do you need some water? Do you need a coffee? Do you need something? Do we want to go a bit to the machines and get something?”

President: This, when is it that”¦ what time are we at, what day are we at, can you make it precise?
A: It was around four in the morning of the 3rd, so at night basically, around four in the morning if I’m not mistaken. Nothing, I asked her if she needed anything, she turned round and said, “no, I don’t need anything!”, “sorry, OK”.

Public Prosecutor ““ Dr Mignini: Did you by chance hear what they were saying to each other, what she was saying?
A: No.

Q: What she was saying not only to Sollecito, but in the event to the other girls present, to the young English people for example?
A: No, I don’t remember having heard anything, also because she was whispering quietly.

Q: And after having taken her to the Scientifica she left there?
A: Yes, then I accompanied her back up.

Q: How was she after the mugshots actually?
A: She was calm enough and settled herself back down in the waiting room.

Q: So these blows to the head, she was giving them to herself before going to the Scientifica?
A: While we were downstairs, when we had gone down to the [74] Scientifica”¦

Defence ““ Bongiorno: Mr President excuse me because while I’ve been talking to Sollecito, and asking him questions, we have documents on the computer, it’s an electronic instrument”¦
Intervention: It’s linked to the Internet, Mr President!
Defence ““ Bongiorno: {incomprehensible "“ overlap of voices}
President: Everybody! Please, I point out that the order of proceeding in this hearing at this moment is”¦ given the defenders may speak with each other, there are no particular security reasons for which the accused need a different location, they can remain where they are, they can talk and also consult the documents they’re consulting. Please continue”¦
A: Then actually while we were down at the Scientifica, I repeat around four in the morning, more or less that was the time, we had gone down, at the moment in which we had entered the corridor where there was the door to the Scientifica, she started to walk up and down the corridor making this gesture of lifting her hands.

Public Prosecutor ““ Dr Mignini: Multiple times, this?
A: Multiple times, yes.

Q: But you had asked her questions? Had there been something, had you encountered someone?
A: Nobody, we hadn’t encountered anybody, I had taken her and accompanied her downstairs.

Q: And as soon as you had arrived downstairs”¦
[75] A: As soon as we had arrived downstairs we entered into the corridor where the Scientific is she had started to make this gesture and to walk obviously nervously up and down the corridor.

Q: You didn’t occupy yourself with asking any more questions?
A: No, absolutely.

Q: Then you accompanied her back and that was it?
A: I’d accompanied her back up and then I did other things.

Q: I have no further questions.

Defence ““ Ghirga:

Counsellor Ghirga, Amanda Knox defence. It was the 2nd of November when they called you, true?
A: Yes.

Q: Now 15:30 or 16:30 we’re in the Police Station. You were at home, you said?
A: Yes.

Q: Was your morning shift finished, or else were you on holidays? You were at home?
A: Yes, I was at home in any case.

Q: And they were calling you for?
A: They were calling me saying”¦

Q: You were at home, but I asked you: had you finished your shift, were you on holidays?
A: Honestly I don’t remember. I was simply at my home where a call arrived from the Station saying that they needed a person who knew English. No problem, I did nothing else but take the car and go into the Station.

Q: So you take the car and go to the Station?
A: Yes.

Q: Why are you still today saying: “for me, it could have been an accidental death?” If they were calling you that [76] first afternoon, you go to the Station”¦
A: For only a bit.

Q: You’ve used this expression.
A: Then, for a bit only”¦

Q: Mr President he cannot contest what I’m saying!
A: No, I’m not contesting anybody, if you make me respond I will explain.

President: He’s not contesting, he’s waiting to be able to respond.
A: If I’m made to respond I will explain everything.

President: The defence is asking how come they were calling you at home”¦
A: They called me at home.

President: You knew if there was”¦
A: No, absolutely, I went up to the Station, I entered the Inspector’s office, I sat myself down and I began to translate, that’s it.

Defence ““ Ghirga: I’m a step before that, you have said: “for me it could have been an accidental death”, yet you say: “once I arrived at the Station I was informed about something”, is that so? Relating to the death of the girl.
A: Now then after ten minutes or so, twenty minutes, I don’t remember perfectly now, obviously I tried to understand what might have happened, but I was aware that there had been a decease, but I was unaware for what reason.

Q: A couple of questions on the modality of exercising the interpretative activity.
A: Yes.

Q: So you get to be called because you know English, you’ve said, and it couldn’t have been anyone else but, who was translating Inspector Ficcara’s questions.
A: Yes.

[77] Q: Therefore questions in Italian translated into English for Amanda Knox, Amanda was replying and you were translating into Italian the replies given in English?
A: Yes.

Q: Is that so?
A; Yes.

Q: You were translating the questions and you were translating the answers?
A: Exactly.

Q: In the first three pages of the statement of the 2nd, which is in the case file, I don’t see one question, can you explain why?
A: By question is meant, obviously in the moment in which we were taking the summaries [the SIs] it needed a second to say: “What do you call”¦”

Q: No, no, no, excuse me for interrupting, you’re going ahead. I don’t see one question asked by Inspector Ficcara and translated by you, how come?
President: Counsel is asking, in the statement you had said”¦
Defence ““ Ghirga: Not the personal details or the address.
President: You’ve said that you were translating the questions that were being put to Amanda Knox, but Counsel is saying: “I can’t find the questions in the statement”.
A: In the moment in which I was being asked to translate what it was called, where it was obviously needed to formalise the summaries.

President: Yes, but at the moment of the exposition of the facts, who was transcribing it into the record?
A: The Inspector.

President: You were translating into Italian and into English?
A: Yes.

Defence ““ Ghirga: Then he doesn’t remember, he doesn’t know why the questions were not translated.
[78] Public Prosecutor ““ Dr Comodi: But translated or transcribed?
Defence ““ Ghirga: Listen, in the first three pages there isn’t”¦
President: Counsel it’s clear.
Defence ““ Ghirga: It was only to understand the modality and that’s it.
President: Do you know how come the questions weren’t also put into the record?
Defence ““ Ghirga: When he says: “I was translating the questions”, he’s not saying something true because the questions aren’t there.
President: Excuse me, Counsel, please! Why aren’t the questions you say you were translating also reported in the record, if you know.
A: I don’t know.

Defence ““ Ghirga: And the last three are: “RTQ ““ replies to question”, here as well do you know why?
A: I don’t know.

Q: Do you know at what time the bar at the Station opens in the morning?
A: The Station bar varies, the times vary every now and then, in the sense that if there’s a service or anything else, a special service, I don’t know, usually they also open earlier, usually around a quarter past seven, 7:20, I don’t know the opening times exactly because I hardly ever go there.

President: Who manages the bar? Internal Station personnel?
A: No, no, if I’m not wrong they’re external, they have a contract [79] if I’m not mistaken.

President: So they are called in for a particular need?
A: It happens, it’s happened often.

Defence ““ Ghirga: No, I haven’t understood then.
A: The opening hours”¦

Q: You’ve answered about the opening hours, there’s no bar inside the Station?
A: Yes, it is, of course! Sure there is!

Q: You’ve said no now.
A: It’s on the first floor.

Q: Who manages it? Someone private?
A: I think that it might be someone private.

Q: You don’t know the opening hours?
A: Exactly, no, because I hardly ever go there, I’ve been only a very few times.

Defence ““ Dalla Vedova: Just one clarification: do you remember the exact time that you arrived at the Station?
A: Frankly I don’t remember because I wasn’t standing there with a watch, usually I don’t even wear a watch.

Q: Was it in the afternoon or in the evening?
A: No, no, in the afternoon.

Q: Could we say around five or around six?
A: No, it was earlier, at five or six I was already in the Station, it was earlier, much earlier.

President: It was still daytime?
A: Yes, yes.

President: Daytime still?
A: Yes, yes.

President: It’s November, it was still daytime, afternoon.
[80] A: Yes, although I repeat I don’t remember the precise time because I don’t wear a watch, out of habit, and I wasn’t there either to look at the clock honestly, they had called me, they needed someone, I take the car and go, inasmuch as I had no particular need at home and I went.

President: He doesn’t recall. Please, Counsel.
Defence ““ Dalla Vedova: You carried out the function of interpreter also with the other non-Italian girls who were present at the Station, true?
A: Yes.

Q: Exactly what did you do? Were you translating questions also for them?
A: I have to repeat, my job was to translate”¦

Q: I’ve understood that, I asked you if you also interpreted for the other girls, for example Ms Jade Bidwell?
A: Yes.

Q: And also other girls as well?
A: Yes, I remember having also done translation for the other girls.

Q: It was always an interview with an Italian functionary who was asking questions in Italian and you were translating into English and then the English person was answering in English and you were translating into Italian or was there”¦
A: There were summary informations [SIs].

Q: Was it only an enquiry if they needed something, like you referred to earlier, because you were also concerned with offering them a coffee, some water, taking them downstairs.
A: Certainly. Now the point is this: we are human beings to start with, so if a person needs something we have to”¦ if they need a coffee, a glass of water, something else, there are [81] machines downstairs, they’re accompanied downstairs and they’re given it, that’s it. We aren’t”¦

President: Yes, but Counsel was asking, in addition to this activity, which before you had described in relation to Amanda Knox, you have also carried out the function of interpreter and in the examination of Amanda Knox and also in the examination of the other English girls.
A: Sure.

President: How many other English girls if you’re able to recall? All of them or “¦
A: No, now I don’t recall, I think it might have been three, now I don’t remember exactly.

Defence ““ Dalla Vedova: Do you remember having taken part in the statementing of the SIs of Jade Bidwell, mentioned earlier, on the 2nd at 21:30?
A: Possibly yes, although I repeat I frankly don’t remember the names. I don’t remember the names of these girls.

Q: Another clarification in relation to your activity at the Police Station, when you took Ms Knox to the Scientifica to do the prints and photos had you informed her what thing you were going to do?
A: Yes.

Q: And what did you say to her?
A: I said to her that we were going downstairs, that we had to take these prints and that’s it, like what was done with all of the others.

Q: And you also accompanied the other English girls in this activity?
A: I don’t remember, I think no.

Q: You don’t remember?
A: I don’t remember, I honestly don’t remember.

Q: But the other girls also had had the same [82] necessity to do the ID-ing with their fingerprints?
A: I think so, I say I think.

Q: But they were foreigners, was there someone helping the girls in explaining what was happening? If you were with Amanda how was it done? Was there someone else?
A: The point is also this, that some of these girls were also understanding Italian a bit, therefore definitely my colleagues had explained it to them definitely, then I must reiterate I am only one person.

Q: There was some other interpreter that evening?
A: I don’t think so.

Q: So you, from the afternoon of the 2nd until four in the morning of the 3rd, were the sole official interpreter who was working inside the Police Station for all the foreigners, for all the foreign girls?
A: Yes, I think so.

President: You were however the only one, that’s what he’s asking, that you knew about?
A: That I know of I think it was only me.

Defence ““ Dalla Vedova:

In this whole period of time you had always stayed near Amanda?
A: During the summaries and then when I took her for the prints and mugshots, then I was present while she and the other friends and with the other friends were in the Squad office, in the waiting room, so I was there next to the wall, standing there, watching.

Q: And listening to the conversations?
A: No.

Q: But if you were standing there”¦
A: Obviously when they were talking aloud I was hearing something, but it wasn’t that I was”¦

Q: Do you remember if Ms Knox’s phone rang, [83] did she receive calls?
A: This I don’t remember.

Q: Do you remember if Ms Knox had made calls?
A: I don’t remember this either frankly.

Q: Do you remember whether in translating the questions the subject of sexual activity had been put to Ms Knox? If anyone had asked her questions on this subject?
A: I don’t remember.

Q: You don’t remember this subject?
A: No.

Q: And do you instead remember the subject of the vaseline? Whether this question in relation to a presumed usage or in any case the presence of this material had been put?
A: This I absolutely don’t remember. This is news to me, I don’t remember.

Q: You remember in any case whether Amanda Knox had a phone?
A: If I’m not mistaken yes, I think yes.

Q: And the other young people had a phone?
A: I think so, some had used it, I think so.

Public Prosecutor ““ Dr Mignini: But this is cross-examination, they’re not questions”¦
President: Let’s limit it to what was the examination.
Defence ““ Dalla Vedova: Although seeing that he was changing his stance and that he had acknowledged the fact that”¦
President: In fact these questions are being put.
Defence ““ Dalla Vedova: Since it appears from the documents that almost everyone was making phone calls, it would have helped me [84] to understand how come he can claim that the young people were quiet, therefore I wanted to know if anyone had made calls for example to their parents or in any case at that moment.
President: So he remembers that they had them, from their behaviour, under this aspect.
Defence ““ Dalla Vedova: Exactly, under the aspect of their behaviour, when he had claimed that the other girls were quiet, I wanted to better understand what led him to that conclusion, that’s all. Thank you, I have finished the examination.

Public Prosecutor ““ Dr Comodi: Only one question: when the bar in the Police Station is closed, if you want to have a coffee, a tea, a brioche, a bottle of water, do you have to go outside?
A: No, actually on floor zero, on the ground floor”¦

Q: Which is the same floor where there is the bar also?
A: No, the bar is on the first floor. So on the ground floor there are three small machines, one for drinks, the other obviously for snacks etc etc, then there’s the other one for coffee, like those outside.

Q: Which work 24 hours a day?
A: Yes, yes, 24 hours a day.

Q: Is the electricity switched off?
A: No, 24-hour, they’re always on.

Q: Thank you.

President: Very well, you may go.

- - -
Note: “fotosegnalazione” ““ “the taking by police authorities of a person’s fingerprints and face-on and profile photos for identification purposes” ([Italian Neologism Observatory]) ““ has been translated here as “˜(fingerprinting and) mug shots’, according to context. Usage of the term carries no imputed meaning as to legal status.



On the next post here is a full translation of the testimony of Chief Inspector Oreste Volturno by Catnip.


Tuesday, March 03, 2009

Cartwheels Or No Cartwheels? You Be The Judge

Posted by Peter Quennell



[above: examples of cartwheels, not by Amanda Knox]

The ever-careful and supremely objective Steve Shay has another scoop!

This below is Mr Shay’s report to gullible Seattleites (if there are any left) in the, ah, very well-edited West Seattle Herald:

“Amanda accompanied Raffaele to the station where he was then interrogated by Monica Napoleani, the Perugia chief of homicide. Amanda was there to support him, as he had supported her before, when she was interrogated,” said Chris Mellas. Chris Mellas is the husband of Edda Mellas, Amanda’s mother. Both live in West Seattle.

“She was actually sitting alone in a separate room waiting for her boyfriend, and Napoleani said in court Friday (Feb. 27) that when she went to get some water she walked by the room where Amanda was and saw Amanda “˜doing the splits.’ She said she thought this was “˜odd behavior,’ and that Amanda should have instead appeared to be mourning the loss of Meredith.

The tabloid press further sensationalized her statement by changing “˜the splits’ to “˜cartwheels,’ and the mainstream press ran with that. “

“Amanda does yoga to calm herself down and relieve stress, and she told her father and me that’s why she was doing the splits. Also, in those four days she was in mourning over Meredith, which followed her outrage. Six hours after the discovery (of the body) she was like, “˜Let’s find the bastard who killed her.’”

Meanwhile, back here in the real world….  This was the actual report from the BBC News:

Meredith Kercher murder suspect Amanda Knox “turned cartwheels” in the police station after the killing, a police witness told a court in Perugia, Italy.

Former flying squad chief Domenico Profazio said he had to tell Ms Knox and her boyfriend Raffaele Sollecito their behaviour was “not appropriate”.

From Seattle’s own Post-Intelligencer

They were always together, Napoleoni said, and did not want to be separated. While police questioned Sollecito, Knox waited in a side room where policewoman Lorena Zugarini, also present at Knox’s questioning, said she saw Knox doing a cartwheel and the splits. Zugarini said she told Knox it was “not the right place” for such activities.

From the UK’s Sky News:

Ms Napoleone also described Knox’s unusual behaviour at the police station where she had been taken for questioning. She said: “She had complained that she was feeling tired and at that stage I told her that she could go if she wanted.” “She said she wanted to stay, Sollecito was also at the station at the time and she said she wanted to wait for him.

“A few minutes later I walked past a room at the police station where she was waiting and I saw Amanda doing the splits and a cartwheel. It was around 11am on November 5th.

From the UK’s Daily Express:

The exchange came as Inspector Ficarra, of the city’s Flying Squad, described 21-year-old Knox’s bizarre behaviour after her arrest following the killing in 2007.

“I was in the elevator and when I got to the floor where the Flying Squad department is the door opened and I saw Amanda doing floor exercises,” he said.

She was doing the splits, cartwheels and arching herself backwards, pressing her hands on the floor. I said to her, “˜What on earth are you doing? Is this the right way to behave?’

From the UK’s Independent:

Chief Inspector Monica Napoleoni told the court where the pair are on trial for murder how, at the police station as they waited to be first questioned, Mr Sollecito and Ms Knox “appeared completely indifferent to everything, lying down, kissing, pulling faces and writing each other notes. They were talking to each in low voices the whole time ““ it was impossible that they were behaving like this when there was a dead body in their house. It seemed strange to everybody”. Ms Knox had also “turned cartwheels and done the splits,” she said.

From the UK’s Daily Telegraph:

Ms Napoleoni recalled thinking that Miss Knox and her boyfriend seemed “indifferent to everything” when they were called to a police station in Perugia for questioning on Nov 5, 2007. It was there that the American turned cartwheels and did the splits.

And the last word, as always, from the London Times:

Ms Napoleoni said she and other officers had seen Ms Knox “doing cartwheels and the splits” while Mr Sollecito was being questioned and she was waiting her turn. Ms Napoleoni said she found this “very strange”. She said Ms Knox and Mr Sollecito “had a bizarre attitude throughout - they were laughing, kissing and pulling faces at each other.

Pehaps Chris Mellas and Steve Shay and Ken Robinson of the West Seattle Herald should discover the tubes of the internet.


Wednesday, February 11, 2009

Knox PR Campaign: Have The Dishonest Talking Points Now Become A Trap?

Posted by The Machine



[David Marriott of a Seattle public relations firms]

Marriott’s dishonest campaign

David Marriott apparently manages (see sample press release) the message and media relations for the campaign to enhance Amanda Knox.

The main thrust of the PR campaign seems to be that there’s no evidence against Knox, or the evidence is tainted, they are holding the wrong person (or already have the right person), and there’s no need to have a trial…  but those rascally Italians just won’t let her go.

Marriott’s nasty campaign already seems to have most of Italy backed off (the Amanda Knox and Raffaele Sollecito legal teams both included), and to have lost most of its traction in the UK and New York.

Many good PR gurus think it is very sleazy. Even in Seattle, there are now those who speak out against it.

Not exactly what we’d call a big win.

True, people accused of a cruel and depraved murder do not normally have a PR campaign making their case. Normally they have a lawyer out front - preferably a very good lawyer, who can contend with evidence as it comes out, and appear on the talk-shows and news to explain what really happened.

And true, the PR campaign was launched almost instantly after Knox had already come out with suggestive actions and statements which seem to implicate her in the crime which do not want to go away.

So the campaign was maybe handicapped right from the start.

But still, public relations guys we know are scratching their heads over this one.

Ten obvious public relations lies

Why run a campaign which, time and time again, has taken loud positions not 5 degrees away from probable truth - but a full 180 degrees away? And therefore very hard to quietly back away from?

Each of these ten false claims and mantras below - still not put to rest, although last week was not a good week for them - have been incessantly propagated, some for nearly one year. 

Each of them now seems to be an albatross around the necks of the Seattle defendant and her team. The danger now is that, as the media find ONE false claim fake, they will start to question all of them, and feel that they have been lied to.

Again, not exactly what we’d call a winning stance.

False claim 1: Amanda was beaten or “smacked around” by the police during her questioning

Amanda herself may have started this false claim when explaining to family why she incriminated herself. Although Mr Knox wasn’t present when Amanda was questioned by the police, he has frequently repeated this claim when interviewed by the media.

Reality 

Amanda gave two very different accounts of where she was, who she was with, and what she was doing on the night of the murder. She also accused an innocent man of Meredith’s murder.

This is highly incriminating and poses a real problem for Amanda’s defense and family and supporters. 

However Amanda’s lawyer, Luciano Ghirga, confirmed that Amanda had not actually been beaten or “smacked around” at Rudy Guede’s fast-track trial last October: “There were pressures from the police but we never said she was hit.”

Mr Knox has not acknowledged the admission of his daughter’s counsel or apologised for accusing the Italian police of brutality. The false claim continue to mislead people, with posters on Internet website still maintaining that Amanda’s confession was beaten out of her. 

False claim 2: Amanda was interrogated for 9 hours/14 hours/all night

Jon Follain in The Times quoted the parents in an interview proclaiming: “On November 6, five days after Meredith’s murder, Knox was interrogated by police for nine hours until she signed a statement at 5.45am.” 

Juju Chang claimed it was “an all night interrogation” on ABC News. Jan Goodwin stated in her article in Marie Claire magazine that:“After her arrest, Amanda was detained by the police and interrogated for 14 hours.”

Mr Knox repeated the claim that Amanda’s interrogation last all night, and that it lasted 14 hours, on a recent Seattle TV station King5 interview.

Lexie Krell wrote in The UW Daily on 16 January 2009 that: “The Italian Supreme Court has already thrown out Knox’s original statement on the basis that she was denied a lawyer during her initial 14-hour interrogation.”

Reality 

We know that Amanda was on the phone with one of her Italian flatmates at around 10.40pm, asking if the living arrangement could continue in spite of Meredith’s death. The police questioning had not begun then.

And according to the Italian Supreme Court, Amanda’s questioning was stopped at 1.45am when she became a suspect. So Amanda was questioned for only approximately 3 hours and then she was held as a suspect.

There never was an all-night interrogation, and it certainly was nowhere remotely near 14 hours in length. 

It seems there may be a simple and straightforward explanation why Amanda suddenly admitted that she was the cottage when Meredith was murdered and implicated Lumumba:

She was informed that Raffaele Sollecito was no longer providing her with an alibi that she was with him all the night of the murder.

False claim 3: Knox’s confession to being at the murder scene was thrown out.

This was the spoken confession at the end of the claimed 14 hours which Knox claimed she finally came out with only because she was knocked about.

Reality 

True in the narrow sense. But one of Amanda’s statements in which she admits to being at the cottage on the night of the murder was not “tossed” out by the Italian Supreme Court. 

Her letter to the police is almost identical in content to the statements that were not admitted as evidence. This incriminating letter was admitted as evidence last Friday.

False claim 4: Meredith wasn’t sexually assaulted.

Jan Goodwin claimed in Marie Claire: “There is also no indication that Meredith was subjected to sexual violence”¦”

In his unprecedented letter to Italy’s justice minister, Judge Michael Heavey stated that it was not true that: “Sexual violence was perpetrated against the victim”

Jonathan Martin claimed in The Seattle Times. “An autopsy found no evidence Kercher had been raped or had sexual contact with anyone except Guede.”

Reality 

Rudy Guede was found guilty of sexually assaulting Meredith on 30 October 2008. Sexually assaulting. And Judge Micheli in commiting Knox and Sollecito to trial graphically describes how the physical evidence points to a kind of gang rape. 

The claim that Meredith wasn’t sexually assaulted is not only untrue, it’s deeply offensive to Meredith and her poor family. By claiming that there was no sexual assault, the likes of Judge Heavey and Jan Goodwin are insinuating that Meredith consented to sexual activity with Rudy Guede.

False claim 5: The double DNA knife has been essentially ruled out.

The DNA on the blade could belong to half of the population of Italy or there is only a 1% per cent chance that the DNA on the blade belongs to Meredith.

Reality 

Forensic expert Patrizia Stefanoni has consistently maintained that Meredith’s DNA IS on the blade and Amanda’s DNA is on the handle of the knife found at Raffaele Sollecito’s apartment. 

This result was confirmed as accurate and reliable by Dr Renato Biondo, who is head of the DNA Unit at Polizia Scientifica, Rome.

Patrizia Stefanoni and Dr Renato Biondo are highly respected, independent forensic experts with impeccable credentials.

False claim 6: The crime scene was totally compromised by the police or analysts

Many of Amanda Knox’s supporters who seem to have no relevant qualifications or expertise in forensic science have claimed that the crime scene was compromised or violated. One vocal supporter analysed a police break-in downstairs on TV and offered it as proof that the crime scene upstairs had been compromised.

Reality 

This claim has been vigorously refuted by the forensic police. They claim that they have followed international protocols throughout. They recorded the investigation as it happened, changed tweezers when they needed to, and duly informed the defence of every finding.

Independent forensic expert Renato Biondo stated: “We are confirming the reliability of the information collected from the scene of the crime and at the same time, the professionalism and excellence of our work.”

False claim 7: The European press gave Amanda Knox the nickname Foxy Knoxy.

This is a part of the larger “UK and Italian tabloids have crucified her” meme for which actual evidence online is very hard to find..

Reality 

European newspapers, including the quality newspapers, have occasionally called Amanda by the nickname she herself called herself by on her MySpace page.

False claim 8: Amanda has never ever before been in trouble

Paul Ciolino has stated: “I was stunned that this was why he suspected Amanda and her boyfriend were involved in the crime,” he says. “These two kids, never in trouble, classic middle-class college students “” it’s ludicrous that they were implicated.”

Reality 

Amanda Knox was charged for hosting a party that got seriously out of hand, with students high on drink and drugs, and throwing rocks into the road forcing cars to swerve.

The students then threw rocks at the windows of neighbours who had called the police.

The situation was so bad that police reinforcements had to be called. Amanda was fined $269 (£135) at the Municipal Court after the incident - Crime No: 071830624.

Incidentally, anyone who has recently tried to gain access to the police report has been denied access. It seems strange that a police report into a “routine” incident has seemingly now been hidden from the public.

False claim 9: Amanda hasn’t lied or if she has, she has only lied once

Amanda’s mother claimed in a recent interview with Linda Byron on Seatlle TV’s King5 (6 January) that Amanda has maintained she told the same story for over a year when she was asked whether Amanda had lied. She had previously stated that Amanda had only lied once.

Reality 

Amanda has given multiple alibis and told different stories repeatedly. Amanda herself apologised to Judge Paolo Micheli for lying about Diya Lumumba’s role in the murder. Amanda’s conflicting statements to the police seem to indicate that she lied to them several times. 

False claim 10: The prosecutors have been widely leaking information to the media

Amanda’s family and supporters have frequently made this claim. The biological parents claimed in their interview with Linda Byron on King5 that the international media frenzy had been fed by leaks by the prosecutors. 

Deanna Knox claimed on the Today Show that Amanda is the victim of an anti-American bias: “It’s because she’s an American,” she told Matt Lauer. “They don’t really like her there because she’s a pretty girl and they see her as some target that they can get to, because she’s from a different country.”

Reality 

In Italy Prosecutor Mignini is widely known for not leaking. Many of the so-called leaks were information put out in the course of the many hearings. The evidence in this case has in fact long been like an iceberg - all but a tiny fraction of it has remained out of sight, as the startling revelations last Friday and Saturday went to show.

Media sources have mentioned that many of the leaks have in fact come from defence sources. Fellow TJMK poster Skeptical Bystander was offered access to Amanda’s diary, not by the prosecutors, the police or prison guards, but by somebody close to Amanda herself.


Wednesday, November 26, 2008

“They Were Held For A Year Without Even Being Charged!!” How Italian Justice REALLY Works

Posted by Nicki



[Above: Cassazione, the Italian Supreme Court Of Appeals}

A misleading mantra

This frequently quoted claim above is maybe the most mindless and misinformed of all the mantras on the case.

Much of the US media and some of the UK media - sometimes enthusiastically, sometimes with reserve - has parroted the claim that Raffaele Sollecito and Amanda Knox were “held without charges” for nearly a year.

Perhaps bringing to mind the notion of two innocent bystanders to the crime being arbitrarily arrested? Locked up in cockroach-infested jails by abusive police? Led on by an evil prosecutor with endless powers up his sleeve, and nothing at all to slow him down? Lost and forgotten by any judges in the case?

Well, good luck with that one, if it’s designed to sway the process.

It irritates just about everybody here in Italy, the judiciary and the media included. And it is doing the defendants no good at all.

Negative stereotypes like these really should not be applied to a country that is one of the founding members of the EU, of NATO, and of the European Council, and of the G-7, G-8, OECD, and United Nations (the non-permanent member of the Security Council in 2007-2008).

So for media reporters and commentators, please let us get the facts straight. Once and for all?!

Origin of Italian jurisprudence

Italian jurisprudence developed from Roman Law. It was shaped in the course of history to become a modern and very fair system. Judicial powers are subjected to a very complex and extremely pervasive set of checks and balances, which really assure maximum protection of every citizen’s rights.

Comparing the US and UK common law system - a model founded on non-written laws and developed through judicial proceedings - with this system which arose from the Roman Law model - based on a written civil code - is really like comparing apples to oranges.

They were both conceived to protect individual’s rights at a maximum level, while seeking justice for the victims. But with entirely different processes.

One is not necessarily better or worse. But there are legal experts who think the Italian system is distinctly fairer - much more weighted toward the defendants. In the US and the UK the prosecutor usually has to make it through only one pre-trial hoop. In Italy the prosecutor has to make it through a whole row of pre-trial hoops.

Legal status of a witness and a suspect

Let’s see what happens in Italy to the legal status of a person who, while considered a “persona informata dei fatti” which means “a person who could yield useful information” in relation to a brutal murder, suddenly becomes a suspect in the eyes of the police.

If while interviewing the “person who could yield useful information” the suspicion arises that such person could have played an active role in the crime, their status then turns into that of a suspect. The police can then detain that suspect up to 48 hours.

Those 48 hours are the period within which a prosecutor - if he believes that the evidence of guilt is meaningful - can request a validation of the arrest by the Judge of Preliminary Investigation (the GIP).

If the judge agrees with the prosecutor that a serious indication of guilt exists, a warrant for the arrest is issued by the judge, and the person’s detention is thus validated.

Immediately, as soon as the status of “person who could yield useful information” status changes into the status of a suspect, the suspect person has a right to legal counsel. This legal counsel normally immediately appeals for the release of the suspect.

Subsequent hearings by different judges

Thus setting in motion what can be a LONG sequel of hearings - for which in US and UK common law there is no such equivalent. Each hearing is headed by a different judge. This judge examines prosecution and defence arguments, and decides if the suspect may be released on any of these bases:

  • Seriousness of the clues presented by prosecution

  • Likelihood of repeating a similar crime

  • Likelihood of fleeing the country during the ongoing investigation

  • Danger of tampering with, or fabricating evidence

If every one of the defence appeals fails, in front of a number of different judges, in a number of different hearings, and the investigation is officially closed, the suspect then goes on to a pre-trial hearing.

Once again here, yet another judge rules either to clear and release the suspect by rejecting the submitted evidence, or to send the suspect to trial on the basis of that evidence, thus making the charges official.

Judicial decisions on bail, house arrest, or jail

Now that the charges are official, the judge can decide if the defendant must await trial under house arrest, or in freedom, of if the defendant must remain in jail.

If the judge, based on their knowledge of the crime and the defendants, estimates that the chances of re-offending or fleeing the country are high, the suspect must remain in jail.

So nobody in Italy can be detained without a reasonable suspicion, a long series of judicial hearings (any one of which could set them free) or eventual official charges.

Amanda Knox and Raffaele Sollecito have not in fact been incarcerated for over one year due to zealous police or a bizarre prosecutor or the complicity of a number of judges throughout the process.

They have been incarcerated because an articulate and balanced process of law has officially and very fairly established there are strong indications that they willingly participated in the vicious murder of Meredith Kercher.

Failure of defenses to persuade judges

Their own lawyers have put up a tough fight for Raffaele Sollecito and Amanda Knox throughout the judicial process.  But they have simply failed to convince the judges throughout that process.

One that actually seems strongly weighted in their favor.


Sunday, October 26, 2008

Amanda Knox… Trapped, In Her Own Words

Posted by The Machine




Post Overview

Newcomers to the case and casual readers may not realize this.

But it is an indisputable fact that Amanda Knox has spun the truth. Tells lies. Deliberately, repeatedly, and very incriminatingly. I think it’s worth revisiting a few of her many lies for any new visitors to this board, so that they can get a clearer picture of the real strength of the case.

Some of Amanda’s vociferous supporters have claimed that Amanda only lied once - and that was because she was “smacked around” by the police, or put under pressure.

And that her confessions, in which she admitted to being at the cottage on the night of the murder, were thrown out by the Italian Supreme Court.

It doesn’t take a careful examination of the known facts to conclude that both these claims really are nonsense. Amanda’s first known lie wasn’t to the police, but to her flatmate, Filomena, on 2 November, the day after Meredith’s murder.

False claim one.

Amanda phoned Filomena at 12.08 pm, and said she was worried about the front door being open and blood stains in the small bathroom.

Amanda said she was going to call Raffaele, but according to Raffaele, Amanda had already returned to his apartment at 11.30 am, and then they had gone back to the cottage.

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

False claim two.

Amanda and Raffaele didn’t actually call the police until 12.51 pm.

The postal postal police unexpectedly turned up at the cottage at 12. 35 pm.

False claim three.

Amanda and Raffael told the police that they had called the police and were waiting for them.

No they had not.

False claim four.

Amanda told the postal police that Meredith always kept her door locked.

Filomena strongly disagreed with her, and told the postal police the opposite was true.

Amanda and Raffaele were then taken in for questioning.

False claim five.

They said they couldn’t remember most of what happened on the night of the murder, because they had smoked cannabis.

It is medically impossible for cannabis to cause such dramatic amnesia and there are no studies that have ever demonstrated that this is possible.

Long term use of cannabis may affect short term memory, which means that users might have difficulty recalling a telephone number. But it won’t wipe out whole chunks of an evening from their memory banks.

False claim six.

Amanda accused Diya Lumumba of murdering Meredith at the cottage.

It’s true that two of Amanda’s such statements were not allowed out by the Italian Supreme Court. However, Amanda repeated the accusation, in a note that she wrote to the police on 6 November.

This note was not thrown out by the Italian Supreme Court, and it was admitted as evidence.

False claims seven & eight.

In her 6 November note Amanda claimed to have seen Diya Lumumba (1) at the basketball court at Piazza Grimana; and (2) outside her front door.

He was actually at his bar.

False claim nine.

Amanda’s supporters claim that she confessed to a lesser role in Meredith’s murder, and blamed Diya Lumumba, because she had been “smacked around” or put under pressure by the police.

But the real reason she had to say she was at the cottage was because she was informed that Raffaele Sollecito was no longer providing her with an alibi.

Raffaele had been confronted with phone records, and was now claiming that she was not with him the whole evening, and that she had only returned at 1.00 am. Amanda did not attempt to refute Raffaele’s claim, but now admitted that she had been at the cottage.

The significance of this about-turn cannot be stressed enough.

(Incidentally, Raffaele was also claiming that he had lied, because he had believed Amanda’s version of what happened and not thought about the inconsistencies. He is acknowledging that Amanda’s version had inconsistencies.)

If it had been true that Amanda had been “smacked around” by the police during questioning, why haven’t her lawyers ever filed a complaint? It was very telling that Amanda dropped her allegation of being hit by the police at her recent court hearing, and instead just claimed she had been put under pressure.

There’s a world of difference between police brutality and being put under pressure. It wasn’t the first time that Amanda has made a false and malicious accusation, as Diya Lumumba knows only too well.

False claim ten.

Amanda claimed to have slept in at Raffaele’s until the next morning.

However, her mobile records show that this was not so.  Amanda turned on her mobile at approximately at 5.32 am.

The only plausible explanation for Amanda’s deliberate and repeated lies? That she was involved in the murder of Meredith Kercher.

It should be no surprise to anyone following the case that the same three witnesses who have repeatedly lied, Amanda Knox, Raffaele Sollecito and Rudy Guede, have all been placed at the crime scene.

By a total of 23 separate pieces of forensic evidence.

Renato Biondo has just recently provided independent confirmation that the scientifc police’s investigation was carried out correctly. And that the forensic findings are accurate.


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