Category: Defendants in court

Thursday, January 22, 2015

The Sollecito Trial For “Honor Bound” #5: Gumbel Simply A Cowardly Defamatory Shill?

Posted by The TJMK Main Posters



Above: “Neutral ghostwriter” Andrew Gumbel tweets…

1, Today In The Florence Court

Lately many of the chest-thumping PR shills have whined a lot more about themselves as victims than done anything to boost Sollecito and Knox.

Think of Preston, Burleigh, Dempsey, Sforza, Fisher, Moore, and a whole lot of other serial complainers. Now chest-thumper Andrew Gumbel seems to want to join their ranks. That is if the claim that he was ONLY a ghostwriter was made by his lawyer with his consent to the Florence judge.

2. Signs Gumbel Really Is A Shill

Note that Sollecito gave many signs during his US book promotion tour late in 2012 that he really didn’t know much about what was in his own book.

So did Gumbel really only hang on Sollecito’s every word? Or did he talk to a lot more people than that, and get very invested in nasty, dishonest propaganda to deny justice for Meredith via the courts?

Here’s Andrew Gumbel on 1 May 2014, providing the first media opinion in the UK on Judge Nencini’s appeal report. The nasty false claims highlighted suggest Gumbel has a very strong investment in Sollecito and Knox and not a little contempt for the Italian courts.

One truth in Gumbel’s article which he must really regret? That sentence in the thitrd paragraph: “Disclosure: I am the co-author with Sollecito on his memoir about the case.”

The longer the Italian courts consider the Meredith Kercher case ““ and we have now had three trials, six presiding judges, two hearings before the Italian high court and a third on the way ““ the more the country’s institutions of justice have covered themselves in shame.

Judge after judge has twisted the available evidence into extraordinary contortions of logic to assert, at different times, that Kercher ““ a British exchange student stabbed to death in her room in Perugia in 2007 ““ was the victim of a premeditated attack; that her murder happened spontaneously; that the motive was sexual; that the motive was a dispute over housework with Amanda Knox, the star defendant; that the trigger for the murder was the unseemly appetite Knox and her boyfriend, Raffaele Sollecito, had for sex and drugs; that the trigger for the murder was Rudy Guede, the Ivorian-born drifter everyone agrees was involved, knocking on the door to use the toilet.

By now, Knox and Sollecito have been convicted, acquitted and convicted again, and the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated. (Disclosure: I am the co-author, with Sollecito, on his memoir about the case.)

Still, the latest judicial document in the ongoing battle, a 337-page justification of the most recent convictions made public on Tuesday, marks a new low. Not only has Alessandro Nencini, the presiding judge of the Florence appeals court, apparently resorted to the same tortured logic as his predecessors; he has also stated things as fact that are manifestly and provably wrong.

That may be more than even the Italian justice system can stomach; judges, after all, aren’t supposed to do things like that. And it may provide Knox and Sollecito with unexpected ““ if still slim ““ grounds for hope at the very moment when Kercher’s death had seemed settled, at last, according to the law.

To read the new conviction report in detail is to enter a kind of alternate reality, where concrete facts appear ignored and alternate facts are seemingly plucked from the air. Kercher’s murder is reduced to a parlor game and all roads lead to the inevitable, if not also foregone, conclusion that Knox and Sollecito are guilty. For instance:

  • On page 63, Judge Nencini claims that a partial shoeprint found at the murder scene comes from a size 37 women’s shoe and must therefore belong to Amanda Knox. But this is not based on the available evidence. In the early days of the case, the prosecution sought to show that the shoeprint was from Sollecito’s Nikes; the pattern of concentric circles on the sole was later proven to come from a different pair of Nikes belonging to Guede.

  • On page 81, Nencini grapples with the question of how Knox and Sollecito could have participated in the murder but left no more than a single, hotly disputed trace of themselves at the scene. Extraordinarily, Nencini argues that Knox and Sollecito must have wiped the place clean of their DNA (but left an abundance of Guede’s) because no traces of Knox’s DNA were found anywhere in the apartment that she shared with the victim. But multiple samples of Knox’s DNA were found and presented at trial; they just weren’t found in the room where the murder took place.

  • Then, on page 321, Nencini writes that the blade of the purported murder weapon ““ a large kitchen knife found in Sollecito’s apartment ““ bore traces of both Kercher’s and Sollecito’s DNA. Again, this is at variance with the evidence. The most the prosecution ever asserted was that Kercher’s DNA was on the tip of the blade. Sollecito’s DNA has never been found.

The defense teams have reacted with consternation: Knox issued a formal statement decrying the lack of “credible evidence or logic” in this latest document, which arrived just ahead of the three-month deadline following her latest conviction; Sollecito’s lead lawyer, Giulia Bongiorno, denounced what she said were “at least ten clamorous mistakes per page”. (A Kercher family lawyer called the document “a version that we have always in some ways sustained”.)

This being Italy, however, the judicial errors are not necessarily a bad thing for Knox and Sollecito, because they give the Italian high court an opening ““ should the justices choose to take it ““ to overturn the latest conviction, and either dismiss the case, send it back to get the mistakes fixed, or order yet another trial in another court.

The high court justices will be aware, of course, that the longer the case drags on, the more suspect the process will look in the eyes of world opinion. Another trial would test the patience of even the most ardent believers in Knox and Sollecito’s guilt, and certainly of the Kercher family. But the process is starting to curdle ““ even without the spectacle of lawyers arguing, yet again, over the same controversies before a barrage of international TV cameras. That leaves the high court, which always has one eye on the integrity of the system, with a genuine dilemma.

Much has been written about Italian justice’s desire to save face in this much written-about case. To admit a miscarriage of justice, the argument runs, has become too difficult, because it would expose the mistakes of too many people, from the primary investigators to the Rome forensic lab to the prosecutors and judges.

However, as the case trudges toward the seven-year mark, one has to wonder how much appetite the institutions of justice still have to stand by what they have done. Will the high court really want to endorse Nencini’s report with all these evident flaws? Or will this finally be the moment when the justice system calls a halt to a travesty committed in its name and exonerates Knox and Sollecito, as it should have done years ago?


3. How Gumbel Got It Wrong

We responded by rebutting 20 of Gumbel’s malicious claims in just the first 7 pages of Honor Bound. And Pataz1, a TJMK main poster who also runs his own blog posted this rebuttal of Gumbel below

This letter was sent to the Guardian’s Reader Editor on 4 May 2014, and again on 3 June, 2014. The Reader’s Editor did not respond to either of the email submissions.

Gumbel’s May 1st, 2014 article in the Guardian is a thinly veiled advocacy piece for Sollecito and Knox. He left out a significant phrase from a Nencini passage he cites; this phrase he omitted undermines one of his main claims.

To the Guardian:

I’m writing to you about Andrew Gumbel’s “comment” on developments in the murder of Meredith Kercher case. Gumbel writes about the recently released Nencini court motivations document, which outlines the court’s reasoning for affirming Knox and Sollecito’s conviction for the murder of Meredith Kercher.

Gumbel waits until the end of the third paragraph in his article to provide his disclaimer: that he is a co-author of the book by one of the defendants. Its hard to understand why Gumbel waited so long to disclose his vested financial interest in the innocence of one of the defendants on trial. By this time, Gumbel has already levied allegations of impropriety upon the Italian courts and judges. For example, he alleges “the country’s institutions of justice have covered themselves in shame.” He continues specific allegations that “judge after judge has twisted the available evidence [”¦]”.  If Gumbel had provided his disclaimer appropriately at the beginning of his letter, readers would have had a more appropriate understanding of Gumbel’s perspective and motivations for writing his letter.

Despite being a co-author of a book by one of the two still on trial for Meredith’s murder, Gumbel’s statements on the court process are wrong. Gumbel pushes the perspective that Knox’s reps have pushed in the US; that Knox and Sollecito have been “convicted again” after an acquittal. Gumbel leaves out any mention of the Italian Supreme Court ruling that overturned Knox and Sollecito’s acquittal and sent the case back to the appellate level. After the acquittal was annulled, the original 2009 conviction remained in place. Gumbel is no doubt aware that the Florence court is an appellate court.  (Curiously, Sollecito’s co-defendant Knox also wrongly claims on her website that the Italian Supreme Court “annulled all previous verdicts”; ref: http://www.amandaknox.com/about-contact/?).

Gumbel’s omission of the Italian Supreme Court ruling is odd, because the entire point of his article is the integrity of the judicial decisions. Gumbel left out that the Italian Supreme Court has already made one ruling regarding the integrity of a judicial decision in this case. The Supreme Court’s ruling wasn’t in favor of Gumbel’s co-author and defendant Raffaele Sollecito;  perhaps this is the reason that Gumbel failed to mention the actual outcome of the acquittal.

Or perhaps Gumbel left out this information so he could present the evidence the way it is framed by supporters of Knox and Sollecito. Later in the the same paragraph, Gumbel expresses confusion about why evidence remains in the case. He states “the underlying forensic evidence has been both exposed as a sham and, mystifyingly, reinstated.” As the co-author of the book with Sollecito, Gumbel is again no doubt aware that after the appellate-level acquittal was thrown out, the original conviction (with all of the evidence) remained as a part of the case. Any decision made by Hellmann on the evidence was also thrown out of the case, including Hellmann’s conclusions on the knife DNA evidence and the Sollecito’s DNA on the bra clasp. Further, if Gumbel had indeed read the Nencini decision, he would have read the passage where Nencini takes to task the “independent experts” in the Hellmann trial (detailed here:http://thefreelancedesk.com/amanda-knox-trials-meredith-kercher-case/). Gumbel should be well aware after his reading of Nencini why the evidence still contributed to the Florence court upholding his co-author’s conviction.

In his second point on the Nencini decision, Gumbel leaves out a key phrase that completely undermines his claim. By this time in his article, one is forced to wonder if this omission is deliberate. Gumbel’s claim is that Nencini contradicted himself by writing that Knox and Sollecito only left a “single, hotly disputed trace of themselves” despite the other evidence that Nencini also talks about. But the start of the passage Gumbel cites is:

“Una peculiarità  è, ad esempio, il rilievo che all’interno della villetta di via della Pergola quasi non sono state rinvenute tracce di Amanda Marie Knox ““ se non quelle di cui si dirà  e riferibili all’omicidio ““ né di Raffaele Sollecito.”

The phrase Gumbel deliberately left out is this: “se non quelle di cui si dirà  e riferibili all’omicidio”, which, roughly translated, is “except those which will be discussed and related to the murder.”  The Nencini Motivations document explicitly contains a clause that accommodates the other traces related to the murder. Gumbel’s point is provably false. As someone who arguably puts himself forth as an expert on the case, this omission is highly concerning.

In Gumbel’s third point he highlights what is a minor error in the Nencini report. Calling out one word in a longer passage, Gumbel points out the report states that Sollecito’s DNA was found on the knife that is alleged as a murder weapon. If Gumbel truly read the report, as he claimed in a twitter exchange with me, he would be aware that the rest of the section that is contained in makes it clear that the finding is Knox’s DNA on the knife, not Sollecito’s. This minor error is hardly cause to overturn the full conviction.

I could continue, but the rest of Gumbel’s article is largely a diatribe against the length of the trial and the Italian justice system. Gumbel cites an article written by Douglas Preston, another author who has financially benefited by being openly critical of the prosecutor in Knox’s case. Knox and Sollecito’s case has gone through three levels of the Italian court system, and back to appeals. Cases in the US that follow a similar path have not happened any faster than the one in Italy. For example, in the Scott Peterson case in the US his defense still filed appeals eight years after his first-level conviction.

That the Guardian has allowed itself to be used as a platform to push the defense’s perspective is not only a disservice to the family of the murder victim who lives in the UK, but is also a disservice to the victim of a violent, brutal murder.


Wednesday, January 21, 2015

The Sollecito Trial For “Honor Bound” #4: Chimera Examines The Most Inflammatory Angles

Posted by The TJMK Main Posters



[A far from joyful dad once again tries to knock sense into his loose-cannon offspring]

1. Overview Of This Series And Post

Tomorrow is the day when the wraps come off the prosecutions’ targets in the book.

This is also when Sollecito & Gumbel might try to justify themselves though they have a tough task ahead of them. For Sollecito and Gumbel (and also Knox and Kulman) their books actually constitute four kinds of problems;

(1) their defamations of the Italian courts and justice system;
(2) their defamations of many police, investigators and prosecutors who work within it,
(3) their numerous lies by omission, the pesky facts they never mention; and
(4) the unwitting truths and half-truths pointing to guilt, which the court may especially zero in on.

As mentioned in the previous post, a separate new TJMK pasge will soon take the book apart definitively. To this many posters have contributed.

Also we will have a new TJMK page on all of the lies of omission and who tends to avoid what area of evidence. .

2. Examination By Chimera Of Sollecito Book

In Part 1 Chimera addrresses problem (4) the truths and half-truths.

In Part 2 Chimera comes up with an alternative synopsis of the book.

In Part 3 Chimera Suggests why there could have been pre-meditation.

1. Examination Of RS’s Truthfulness

[page xv] ‘’....Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting….’‘

A main criticism by the Supreme Court of Judge Hellmann was that he looked at the evidence piece by piece, rather than trying to make a story of all the evidence as a whole.

[page xvi] ‘’....She was Amanda the heartless when she didn’t cry over Meredith’s death and Amanda the hysterical manipulator when she did. Whatever she did””practice yoga, play Beatles songs, buy underwear””it was held against her.

Well, when someone does not seem upset that their ‘friend’ is murdered, and then behaves in this fashion, would police not at least have their curiosity piqued?

[page 20] ‘’... First, Guede could reasonably assume that the occupants of the house were either out for the night or away for the long weekend. Second, he had previously stayed over in the boys’ apartment downstairs””he fell asleep on the toilet one night in early October and ended up sprawled on the couch””so he knew the lay of the land. He had even met Meredith and Amanda briefly. And, third, since it was the first of the month, chances were good that the accumulated rent money for November was sitting in a pile somewhere in the house.

In the upstairs apartment, Filomena took responsibility for gathering everyone’s cash and handing it over to the landlady. And it was Filomena’s bedroom window that would soon be smashed with a large rock…’‘

This only makes sense if and only if:

(a) Rudy knew the schedules of all 8 people in the house
(b) Rudy may have slept downstairs, but implies he must have been upstairs at some point
(c) Rudy knew that Filomena had all the money (that she took charge of it)
(d) That rent would be paid in cash, not a cheque or bank automatic withdrawl. Which suggests…

A failure on those parameters points to an inside job.

[page 22] ‘’... My father took her advice, but because my cell phone was turned off, I didn’t receive the message until six the next morning.

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

First, it is an admission that the cell phone was turned off

Second, it is an admission that had Francesco called him, he would have an alibi, suggesting he did not…

[page 24] ‘’ ... Many Italians, including most of my family, could not fathom how she could go ahead with her shower after finding blood on the tap, much less put her wet feet on the bath mat, which was also stained, and drag it across the floor.’‘

So, Amanda showered, even with blood on the tap and on the bathmat, and no one, not even Raffaele, can make sense of it. Perhaps it is just an odd way of being quirky.

[page 26] ‘’... Then I pushed open Filomena’s door, which had been left slightly ajar, and saw that the place was trashed. Clothes and belongings were strewn everywhere. The window had a large, roundish hole, and broken glass was spread all over the floor.

Okay, we thought, so there’s been a break-in. What we couldn’t understand was why Filomena’s laptop was still propped upright in its case on the floor, or why her digital camera was still sitting out in the kitchen. As far as we could tell, nothing of value was missing anywhere….’‘

And this would be found to be suspicious by the police. An apparent break in, but nothing seems to be missing. And we haven’t even gotten to the spiderman climb yet.

[page 27] ‘’... Amanda went into the Italian women’s bathroom alone, only to run back out and grab on to me as though she had seen a ghost. “The shit’s not in the toilet anymore!” she said. “What if the intruder’s still here and he’s locked himself in Meredith’s room?”

Interesting. Perhaps Raffaele instinctively leaves poop in the toilet as well. Why would he not flush to make sure?

[page 27 contains the following lines:]

‘’ ....Don’t do anything stupid.’‘
‘’ ....Now what do we do?’‘
‘’ ....My sister is in the Carabinieri.’‘

These were supposedly in reference to the frantic attempts to see in Meredith’s room. Does anyone think there is some innuendo/hidden meaning?

[page 29] ‘’... “No, nothing’s been taken.” I didn’t know that for sure, of course, and I should have been more careful about my choice of words. At the time, though, I thought I was just performing my civic duty by passing the information along. The only reason I was on the line was because Amanda’s Italian was not good enough for her to make the call herself.’‘

This sounds innocuous enough, with the qualifiers, but without them:  ‘‘No, nothing’s been taken… I should have been more careful about my choice of words.”

[page 33] ‘’.... As things spiraled out of control over the next several days, a senior investigator with the carabinieri in Perugia took it upon himself to call my sister and apologize, colleague to colleague. “If we had arrived ten minutes earlier,” he told Vanessa, “the case would have been ours. And things would have gone very differently.”

This sounds eerily like an admission that things could have been tampered with, or ‘saved’, if only the ‘right’ people had been there in time.

[page 35] ‘’... Amanda didn’t understand the question, so I answered for her, explaining that she’d taken a shower and then come back to my house. “Really, you took a shower?” Paola said. She was incredulous…’‘

However, the book does not clarify why Paola was incredulous. Take your pick.

(a) Amanda didn’t look or smell like she had a shower
(b) Amanda showered in a blood soaked bathroom
(c) Both ‘a’ and ‘b’

[page 39] ‘’... In the moment, I didn’t say anything because I didn’t want to make Amanda feel worse. The whole purpose of my being there was to comfort her. So I defended her, even beyond the point where I felt comfortable or could be said to be looking out for my own interests.’‘

This is arguably the most true part of the book. He does have to comfort her, so she doesn’t talk. And it probably was uncomfortable.

And ‘‘beyond the point where ... I could be said to be looking out for my own interests.’’ Notice that Raffaele does not say ‘‘beyond that point where I WAS looking out for my own interests. It only ‘looks’ like it, because it is very much in his interest - at that time - to pacify Amanda.

[page 40] ‘’.... Italian newspapers reporting ‘Amanda could kill for a pizza’.’‘

To most people, Raffaele could mean this signifies that killing and death did not affect her greatly, or that she is simply immature.

It could also be an admission: Meredith’s death was over something extremely trivial, and Raffaele knew it.

[page 40] ‘’...Why focus on her, and not on Meredith’s other friends? I wondered. She and Amanda were new acquaintances…’‘

Exactly. Compared to what has been portrayed, they were not close friends, or even friends

[page 41] ‘’... Amanda noticed the police’s sex obsession right away; they couldn’t stop asking her about the Vaseline pot and a vibrator they had found in the bathroom. The vibrator was a joke item, a little rubber bunny rabbit shaped to look like a vibrator and fashioned into a pendant, but the police seemed to find this difficult to accept. What about Meredith’s sex life? Amanda knew only that Meredith had left a boyfriend in England and was now involved with one of the men who lived downstairs, a twenty-two-year-old telecommunications student with a carefully sculpted beard and outsize earrings named Giacomo Silenzi. Amanda had helped Meredith out a couple times by giving her a condom from her supply. But Amanda had no idea how, or how often, Meredith had sex and didn’t feel comfortable fielding questions about it.’‘

This is creepily ‘Knoxian’ in that Raffaele is deliberately leaking extremely personal details about Meredith. Is this a desire they share: to humiliate her deeper, in the public domain, far beyond what they already have done.

[page 42] ‘’... A few days later, this episode would be distorted in the newspapers to make it seem as if the first thing we did after the murder was to buy sexy lingerie””specifically, a G-string””and tell each other how we couldn’t wait to try it out. The store owner, who did not speak English, corroborated the story in pursuit of his own brief moment in the spotlight. True, the surveillance video in the store showed us touching and kissing, but that was hardly a crime. I wasn’t making out with her in some vulgar or inappropriate way, just comforting her and letting her know I was there for her. Besides, there was nothing remotely sexy about Bubble. A much sexier underwear store was next door, and we didn’t set foot in…’‘

Interesting. Raffaele says that this was blown out of proportion, yet his defense is that we didn’t do anything sexual, but if we did, it is not a crime, and besides, there was a better place next door.

[page 43] ‘’... I realized I had not properly acknowledged my own discomfort with Amanda. I was not scandalized by her, in the way that so many others later said they were, but I shouldn’t have allowed her to climb all over me in the Questura, and I should have counseled her quietly not to complain so much. I understood the gallant side of being her boyfriend, but I could have given her better advice and protected myself in the process.’‘

Translation: Amanda, quit whining so much. And while boning you in the police station may be fun, it is seriously jeopardizing my interests.

[page 44] ‘’... She told them, quite openly, about a guy from Rome she went to bed with a few days before meeting me. She had no problem being open about her sex life, and that made her interrogators suspicious. How many men, they wondered, did she plan on getting through during her year in Perugia?

Probably true, except for the conclusion. More likely they wondered: Why does she have to bring this up now?

[page 46]’‘... My sister, Vanessa, made her own separate inquiries and felt much less reassured. The first time she called the Questura, they left her waiting on the line, even though she announced herself as a lieutenant in the carabinieri, and never took her call.
The second time, she had herself put through from the carabinieri’s regional switchboard, to make it more official. This time she got through, but only to a junior policeman clearly her inferior. (In Italian law enforcement, protocol on such matters is followed scrupulously.) “Listen,” the man told her impatiently, “everything is fine.”

“Is there someone I can talk to who is in charge of this case?” Vanessa insisted.

This sounds like a very detailed (if true) attempt at subverting justice. Way to drop Vanessa in it, Raffy.

[page 47] ‘’... The truth, though, was that the authorities were still clueless.’‘

Don’t worry, they will get a clue soon enough.

[page 48] ‘’... What did they have on us? Nothing of substance. But they did find our behavior odd, and we had no real alibi for the night of November 1 except each other, and we did not have lawyers to protect us, and we seemed to have a propensity for saying things without thinking them through. In other words, we were the lowest-hanging fruit, and the police simply reached out and grabbed us.’‘

So, what does Sollecito list in just this paragraph?

(a) Odd behaviour
(b) No real alibi except each other
(c) Saying things without thinking them through

Can’t see why this would attract police attention…

[page 49] ‘’... Not only did they have no physical evidence, they saw no need for any.’‘

Well, odd behaviour, no real alibi,conflicting stories, and saying things through without thinking them through… oh, right, and that very detailed account of Patrik murdering Meredith, Sollecito ‘might’ be there, and Raffaele telling a pack of lies.

I guess physical evidence would be overkill (pardon the pun). Sounds very Knoxian in the ‘there is no evidence’ denials.

[page 50] ‘’... Carrying a small knife had been a habit of mine since I was a teenager””not for self-defense, mind you, just as an ornamental thing. I’d use one occasionally to peel apples or carve my name on tree trunks, but mostly I carried them around for the sake of it. Having a knife on me had become automatic, like carrying my wallet or my keys.’‘

So the rumours of having a knife fetish are true? Thanks for confirming it.

[page 50] ‘’... Besides, what kind of idiot killer would bring the murder weapon to the police station?’‘

Wow - how to begin with this one…  Although, on a more manipulative level, was it not the other knife that actually delivered the fatal blow?

[page 51] ‘’... My words in Italian””stai tranquillo””were the last my father would hear from me as a free man.’‘

It could mean physically free. Could also mean not free as in forced to confront his actions.

[page 51]  “You need to tell us what happened that night,” they began.

“Which night?” I asked wearily. I was getting tired of the endless questioning. I don’t think they appreciated my attitude.

“The night of November first.”

I don’t think this is a drug haze. More just being arrogant and callous.

[page 56] ‘’... I had been brought up to think the police were honest defenders of public safety. My sister was a member of the carabinieri, no less! Now it seemed to me they were behaving more like gangsters.’‘

Another sign of entitlement showing. Surely, the little brother of a carabinieri officer should not have to be subjected to this nonsense.

[page 56] ‘’... Something was exciting the police more than my pocketknife, and that was the pattern they had detected on the bottom of my shoes. By sheer bad luck, I was wearing Nikes that night, and the pattern of concentric circles on the soles instantly reminded my interrogators of the bloody shoe prints at the scene of the crime, which were made by Nikes too.

I had no idea of any of this. All I knew was, the rest of the interrogation team piled back into the room and told me to take off my shoes.’‘

Shoeprints placing a person at a crime scene? Why would that possibly be considered evidence?

[page 59] ‘’... Then, at some point after midnight, an interpreter arrived. Amanda’s mood only worsened. She hadn’t remembered texting Patrick at all, so she was in no position to parse over the contents of her message. When it was suggested to her she had not only written to him but arranged a meeting, her composure crumbled; she burst into uncontrollable tears, and held her hands up to her ears as if to say, I don’t want to hear any more of this.’‘

Depending on whether or not you believe Amanda’s ‘version’ of events, this could either be corroboration of her events, or corroboration she faked her fit.

Minor detail: Sollecito was in a totally different part of the Questera, but hey, it’s just semantics.

[page 61] ‘’...When I first found out what Amanda had signed her name to, I was furious. Okay, she was under a lot of pressure, as I had been, but how could she just invent stuff out of nowhere? Why would she drag me into something I had no part of? It soon transpired, of course, that she felt similarly about me. “What I don’t understand,” she wrote, as soon as she began to retract her statements, “is why Raffaele, who has always been so caring and gentle with me, would lie. . . . What does he have to hide?”

It took us both a long time to understand how we had been manipulated and played against each other. It took me even longer to appreciate that the circumstances of our interrogations were designed expressly to extract statements we would otherwise never have made, and that I shouldn’t blame Amanda for going crazy and spouting dangerous nonsense…’‘

-If Amanda got me locked up, I would be mad too
-Yes, she did make stuff (about Patrik) out of nowhere
-I was angry when Amanda asked ‘what I have to hide’
-Yes, police tend to play suspects off each other
-Yes, suspects try to avoid implicating each other
-Yes, Amanda only spouted dangerous nonsense after you took her alibi

This section is almost 100% true

[page 62] ‘’... Even before dawn broke on November 6, the authorities had us where they wanted us. True, neither of us had confessed to murder. But what they had””a web of contradictions, witnesses pitted against each other, and a third suspect on whom to pin the crime””was an acceptable second best.’‘

Also true, and great police work.

[page 63] ‘’... I asked to talk to my family again. I said I needed at least to inform my thesis director where I was. “Where you’re going, a degree’s not going to do you any good,” came the answer.’‘

Curious, he has just been arrested for murder and sexual assault, and among his first thoughts is his thesis. And didn’t he end up doing his Master’s thesis ... on himself?

[page 64] ‘’... As soon as we walked into my apartment, a policeman named Armando Finzi said loudly that the place stank of bleach. That wasn’t correct. My cleaning lady had been through the day before and cleaned the tile floor with Lysoform, not bleach. Still, he insisted on mentioning the bleach a couple more times””the clear implication being that I’d needed something powerful to clean up a compromising mess.’‘

Perhaps overanalysing this, but could Raffaele be flippantly thinking to himself: Nope, the cleaning lady used lysoform to clean up the mess. Wasn’t bleach, dudes.

[page 77] ‘’... Even before Judge Matteini had finished reading the complaint against me, I blurted out that I didn’t know Patrick Lumumba and that any prints from my shoes found at Via della Pergola could only have been made before November 1. Immediately I ran into trouble because I had in fact met Patrick at his bar, on the night Amanda and I first got together. And I had no idea that the shoe prints in question were made in blood. In no time, I was flailing and suggesting, in response to the judge’s pointed questions, that maybe I picked up some of the blood on the floor when I walked around the house on November 2, the day the body was discovered. Even more unwisely, I speculated that someone might have stolen my shoes and committed the murder in them. It just did not occur to me that the shoe print evidence was wrong.

At Raffaele’s first hearing:

-He claims not to have met Patrick, (his co-accused), but admits later, that he has
-He suggests that he may have picked up blood on the floor
-He claims the shoes were stolen

Why would Judge Matteini have reason to doubt his story?

[page 78] ‘’... I felt like a fool describing my extensive knife collection and even described myself as a testa di cazzo, a dickhead, for having so many. My judgment and my self-confidence were sinking fast.

“Perhaps the worst moment came when I was asked, for the umpteenth time, if Amanda had gone out on the night of the murder. I still had no clarity on this and could not answer the judge’s repeated questions without sounding evasive.”

[page 80] ‘’... Matteini swallowed the prosecution’s story whole. The break-in was staged after the fact, she asserted””just as Mignini had. The murderer or murderers must therefore have got into the house with a set of keys, and Amanda was the only keyholder without a solid alibi for the night in question. Patrick Lumumba had the hots for.

Meredith, Matteini theorized, and Amanda and I tagged along to experience something new and different. From my testimony at the hearing, Matteini concluded I was “bored by the same old evenings” and wanted to experience some “strong emotions.” (She moved my blog entry from October 2006, the date marked on the document, to October 2007, just weeks before the murder, which bolstered the argument.) She didn’t ascribe a specific motive to Amanda, assuming only that she must have felt the same way I did. The bloody footprints “proved” I was present at the scene of the murder, and my three-inch flick knife was “compatible with the possible murder weapon.” The house, she wrote, was “smeared with blood everywhere.”

Substitute in Rudy Guede for Patrick, and this sounds somewhat plausible.

[page 83] ‘’... Amanda recovered her lucidity faster than I did. The day we were arrested, she wrote a statement in English that all but retracted what she had signed the night before. “In regards to this “˜confession,’ “ she wrote, “I want to make clear that I’m very doubtful of the verity of my statements because they were made under the pressures of stress, shock and extreme exhaustion.” She was still conjuring up images of Patrick as the murderer, but she added, “These things seem unreal to me, like a dream, and I am unsure if they are real things that happened or just dreams in my head.”

The next day, she wrote a second, more confident statement: “I DID NOT KILL MY FRIEND . . . But I’m very confused, because the police tell me that they know I was at my house when she was murdered, which I don’t remember. They tell me a lot of things I don’t remember.” Then she gave a substantially more accurate account of the night of November 1 than I was coming up with at the time.’‘

All this does is confirm that much of the confusing, manipulative statements from Amanda exist. Gee thanks Raffaele.

[page 86] ‘’... short story about date rape that Amanda had submitted to a University of Washington creative-writing class was held up as evidence of her warped criminal mind. A Myspace video of her boasting about the number of shots she had downed at a party became an excuse to depict her as an alcohol-fueled harpy. I was described as “crazy,” based on a line I’d written in a blog entry, and held up to ridicule for a photograph, taken during a high-spirited moment of fun in my first year in Perugia, in which I was wrapped from head to foot in toilet paper, brandishing a machete in one hand and a bottle of pink alcohol in the other.’‘

“Amanda does lots of alcohol, write rape stories, and I dress in toilet paper, wielding a machete. Nothing to see here, people.”

[page 87] ‘’... I knew a lot of the coverage of the case itself was flawed. It was reported, for example, that the police had found bleach receipts at my house, strongly suggesting I had purchased materials to clean up the crime scene. But my cleaning lady didn’t use bleach, and the only receipts the police found from November 1 onward were for pizza. I wouldn’t have needed to buy bleach, anyway, because I had some left over from my previous cleaning lady. It had sat untouched for months.’‘

“Nope, I didn’t need to buy bleach for the cleanup, I already had it.”

[page 88] ‘’... Then came Maori. He told me that he too carried pocketknives from time to time. But he didn’t seem too interested in connecting with me beyond such superficial niceties. I felt he didn’t entirely trust me. His game plan, which became clear over a series of meetings, was to dissociate me as much as possible from Amanda. And that was it. He did not have a clear strategy to undermine the prosecution’s evidence on the knife and the shoe print, because””as he indicated to me””he believed there might be something to it. ‘’

Which means: “I don’t really believe you are innocent, the evidence seems too strong. But for your sake, separate yourself from this mentally unstable woman.”

Sounds very likely.

[page 90] ‘’... I even allowed myself a little optimism: my computer, I decided, would show if I was connected to the Internet that night and, if so, when, and how often. Unless Amanda and I had somehow made love all night long, pausing only to make ourselves dinner and nod off to sleep, the full proof of our innocence would soon be out in the open.

According to the police, it showed no activity from the time we finished watching Amélie at 9:10 p.m. until 5:30 the next morning.

That sounded all wrong to me, and my defense team’s technical experts would later find reasons to doubt the reliability of this finding. But there would be no easy way out of the mess Amanda and I were now in.’‘

Wishful thinking to form a coherent alibi or defense. Indeed, if only it was that simple.

[page 91] ‘’...Still, there was something I could not fathom. How did Meredith’s DNA end up on my knife when she’d never visited my house? I was feeling so panicky I imagined for a moment that I had used the knife to cook lunch at Via della Pergola and accidentally jabbed Meredith in the hand. Something like that had in fact happened in the week before the murder. My hand slipped and the knife I was using made contact with her skin for the briefest of moments. Meredith was not hurt, I apologized, and that was that. But of course I wasn’t using my own knife at the time. There was no possible connection.’

I imagined this happened? Is amnesia or hallucinating contagious? I’m surprised he did not have a vision that he saw Patrik attacking Meredith.

On another note: giving a blatantly false account of how a victim’s DNA ended up on your knife seems a bit suspicious.

[page 93] ‘’... The nuts and bolts of the investigation, the hard evidence, kept yielding good things for us. We were told that my Nikes had tested negative for blood and for Meredith’s DNA. So had my car, and everything else I had touched around the time of the murder. Even the mop Amanda and I carried back and forth on the morning of November 2, an object of particular suspicion, was reported to be clean.

Well, I have no doubt that the AMERICAN media reported this to be the case….

And ‘the mop Amanda and I carried back and forth…?’

[page 94] ‘’... During a conversation with her mother in prison, they reported, Amanda had blurted out, “I was there, I cannot lie about that.” She seemed not to realize the conversation was being recorded, and the police picked up on it right away.’‘

Amanda again places herself at the scene, but again, there is a simple explanation. Amanda being Amanda?

[page 94] ‘’... his time the papers quoted what they said was an extract fromher diary. “I don’t remember anything,” the passage read, “but maybe Raffaele went to Meredith’s house, raped and killed her, and then put my fingerprints on the knife back at his house while I was asleep.”

Of course, Amanda writes that someone planted her fingerprints. Odd, as I think that no one ever claimed her prints were on the knife. Why would she think they were?

This needs to be said: What the hell is U of W teaching in their ‘creative writing’ program?

[page 97] ‘’... I remember watching the news of Guede’s arrest on the small-screen TV in my cell and seeing the Perugia police all puffed up with pride about catching him. If anything, I felt happier than they did, because Guede was a complete stranger to me. The relief was palpable. All along I had worried the murderer would turn out to be someone I knew and that I’d be dragged into the plot by association. Now I had one less thing to worry about. Not that I wasn’t still wary: so much invented nonsense had been laid at my door I was still half-expecting the authorities to produce more.’

The ‘real’ killer is caught, and you are worried more things may be invented? Interesting.

[page 98] ‘’...Lumumba had every right to be angry; he had spent two weeks in lockup for no reason. He had been able to prove that Le Chic stayed open throughout the evening of November 1, producing an eyewitness, a Swiss university professor, who vouched for his presence that night. One would expect his anger to be directed as much toward Mignini, who threw him in prison without checking the facts, as it was toward Amanda. But Lumumba and his strikingly aggressive lawyer, Carlo Pacelli, could find only vicious things to say about Amanda from the moment he got out of jail””even though he had not, in fact, fired her and remained friendly with her for several days after the murder.’‘

True, except why be mad at Mignini? It is Amanda who falsely accused him, not Mignini. But again, minor details.

[page 107] ‘’... Papà  was spinning like a dervish to clear my name, but not everyone he hired was as helpful as he hoped. One consultant whom he asked to monitor the Polizia Scientifica demanded eight thousand euros up front, only to prove reluctant to make overt criticisms of the police’s work, the very thing for which he’d been hired. A forensic expert who also seemed a little too close to the police charged four thousand euros for his retainer with the boast, “I’m expensive, but I’m good.” He wasn’t. A computer expert recommended by Luca Maori didn’t know anything about Macs, only PC’s.’‘

That first line is a bit disturbing. ‘Not everyone he hired was as helpful as he hoped.’ This can be easily interpretted as shopping around for an expert of ‘hired gun’.

[page 110] ‘’... Amanda and I came in for what was by now a familiar drubbing. The judges said my account of events was “unpardonably implausible.” Indeed, I had a “rather complex and worrying personality” prone to all sorts of impulses. Amanda, for her part, was not shy about having “multiple sex partners” and had a “multifaceted personality, detached from reality.” Over and above the flight risk if we were released from prison, the judges foresaw a significant danger that we would make up new fantastical scenarios to throw off the investigation. In Amanda’s case, they said she might take advantage of her liberty to kill again.’‘

Most rational people would come to the same conclusions.

[page 112] ‘’... Since I had no such testimony to offer, I did the Italian equivalent of taking the Fifth: I availed myself, as we say, of the right not to respond.

I found some satisfaction in that, but also frustration, because I had at last worked out why Amanda did not leave””could not have left””my house on the night of the murder. She didn’t have her own key, so if she’d gone out alone, she would have had to ring the doorbell and ask me to buzz her back in. Even if I’d been stoned or asleep when she rang, I would have remembered that. And it didn’t happen.’‘

Hmm… I swear I am innocent, but plead the fifth ammendment. And I am not positive Amanda did not leave, but ad hoc have worked out that she must not have.

[page 112] ‘’...Obviously, I wanted to shout the news to the world. But I also understood that telling Mignini now would have been a gift to him; it would only have bought him time to figure out a way around it.’‘

“I could tell a certain version of events to the prosecutor, but if I did that now, he would only have time to discover the holes in that story.”

[page 113] ‘’... I knew the Kerchers had hired an Italian lawyer, Francesco Maresca, whom they picked off a short list provided by the British embassy. I addressed my letter to him, saying how sorry I was for everything that had happened and expressing a wish that the full truth would soon come out.

I was naive enough to believe that Maresca would be sympathetic.’‘

Knox was criticised for fake attempts to reach out to the victim’s family, and had been told to act more like a defendant. Interesting that it started so much earlier.

[page 115] ‘’... Regrettably, Guede’s shoes were not available, presumably because he ditched them; they were not at his apartment and they were not among his possessions when he was arrested in Germany.’‘

Very interesting. Raffaele believes that the ‘murderer’s shoes’ were not available, and may have been ditched. This seems to be more than just speculation on his part.

[page 117] ‘’... Mignini questioned Amanda again on December 17, and she, unlike me, agreed to answer his questions in the presence of her lawyers. She was more composed now and gave him nothing new to work with. She couldn’t have been present at the murder, she insisted, because she’d spent all night with me.’‘

How does this not sound incredibly incriminating? I refused to talk, though Amanda agreed to, but only with lawyers. And does this not sound like Amanda was better able to stonewall the investigation?

[page 121] ‘’... Instead, he tried to control the damage and talked to every reporter who called him. “The most plausible explanation,” he said to most of them, “is that the bra had been worn by Amanda as well, and Raffaele touched it when she was wearing it.”

There were two problems with this statement. First, it was so speculative and far-fetched it did nothing to diminish the perception that I was guilty. And, second, it showed that my father””my dear, straight-arrow, ever-optimistic, overtrusting father””still couldn’t stop assuming that if the police or the prosecutor’s office was saying something, it must be so.

There are 3 possibilities here, all bad.

(a) This entire scenario was made up, and like the ‘my shoes were stolen’, only leaves everyone shaking their heads in disbelief.

(b) Amanda actually had worn the bra BEFORE and returned it without washing it. Remember what this woman tends to think when she sees blood. Ew.

(c) Amanda wore the bra AFTER Meredith was murdered, and that she and Raffaele fooled around after. Not too farfetched when you remember that Raffaele kept the murder weapon as a souvenir.

[page 122] ‘’... Along with the Albanian, we had to contend with a seventy-six-year-old woman by the name of Nara Capezzali, who claimed she had heard a bloodcurdling scream coming from Meredith’s house at about 11:00 p.m. on the night of the murder, followed by sounds of people running through the streets.’‘

Yes, this confirms at least part of Amanda’s account that night. Yes, she seemed to vaguely remember Patrik killing Meredith, and wasn’t sure if Raffaele was there, but the scream detail is corroborated.

[page 125] ‘’... As my time alone stretched out into weeks and then months, I had to let go of everything that was happening and hold on to other, more permanent, more consoling thoughts: my family and friends, the memory of my mother, the simple pleasures I’d enjoyed with Amanda, the peace that came from knowing that neither of us had done anything wrong.

If they want to kill me this way, I remember thinking, let them go ahead. I’m happy to have lived life as I did, and to have made the choices I made.’‘

Hmm… so he finds peace being locked away for things he did not do?

More likely, Raffaele is coming to terms with the inevitable consequences of life in prison.

[page 129] ‘’... The one victory we eked out was a finding that we should have been told we were under criminal investigation before our long night of interrogations in the Questura. The statements we produced would not be admissible at trial.’‘

Do I really need to explain this one?

[page 150] ‘’... I talked about Amanda with Filippo, my cellmate, and he listened, just as I had listened to his problems. One day, though, he told me he was bisexual, and his eyes started to brighten visibly when he looked at me. Then he burst into tears and tried to caress my face.’‘

Given the overlap between Waiting to be Heard and Honor Bound, did the ‘authors’ collaborate?

[page 151] ‘’... My father hired a telecommunications expert to help resolve a few other mysteries from the night of the murder. The prosecution had given no adequate explanation for a series of calls registered on Meredith’s English cell phone after she’d returned from her friends’ house around 9:00 p.m., and many of them seemed baffling, assuming they were made””as the prosecution argued””by Meredith herself. We believed Meredith was dead by the time of the last two calls, and our expert Bruno Pellero intended to help us prove that.’‘

This sounds disturbingly like another attempt to subvert justice.

[page 154] ‘’... She also acknowledged that a contaminated or improperly analyzed DNA sample could, in theory, lead to an incorrect identification.’‘

Wait, weren’t those same people involved in the finding the evidence against Guede? Right, that evidence is clean.

[page 156] ‘’... Judge Micheli issued his ruling at the end of October. On the plus side, he found Guede guilty of murder and sentenced him to thirty years behind bars in an accelerated trial requested by Guede himself. Judge Micheli also accepted our evidence that it wouldn’t have been that difficult to throw a rock through Filomena’s window and climb the wall.

But, Spider-Man or no Spider-Man, he still didn’t believe Guede got into the house that way. He argued that Filomena’s window was too exposed and that any intruder would have run too great a risk of discovery by climbing through it. Therefore, he concluded, Amanda and I must have let him in. There seemed to be no shaking the authorities out of their conviction that the break-in was staged.’‘

So, Judge Micheli is a fine judge who saw Rudy Guede for who he is and convicted him, yet he is so poor a judge he ruled that Amanda and I had to be involved?

Didn’t Knox say very similar things in her December 2013 email to Appeal Court Judge Nencini?

[page 160] ‘’... Still, the prosecution jumped all over [Quintavalle] and later put him on the stand to bolster the argument that Amanda and I had spent that morning wiping the murder scene clean of our traces””but not, curiously, Guede’s. It was one of their more dishonest, not to mention absurd, arguments, because any forensics expert could have told them such a thing was physically impossible. Still, it was all they had, and they single-mindedly stuck to it.’‘

Depending on how you view this, it could be an ad hoc admission that yes, selectively cleaning up wasn’t really possible, as the evidence was all intermingled.

[page 167] ‘’... I was pushing for another sort of change, a single trial team to defend Amanda and me together. I was told right away that this was out of the question, but I don’t think my logic was wrong. The only way either of us would get out of this situation, I reasoned, was if we stuck together. If the prosecution drove a wedge between us, we would more than likely both be doomed.’‘

This seems to justify Guede’s suspicions that his co-defendants would team up on him.

[page 169] ‘’... Stefanoni and Mignini were holding out on that information, and we needed to pry it from them quickly before more damage was done. The shots would ultimately be called by the judge, and we hadn’t had a lot of luck with judges so far.’‘

Why would you need ‘luck’ from a judge?

[page 173] ‘’... No matter how much we demanded to be heard, no matter how much we sought to refute the grotesque cartoon images of ourselves and give calm, reasoned presentations of the truth, we never escaped the feeling that our words were tolerated rather than listened to; that the court was fundamentally uninterested in what we had to say.’‘

That is probably true. No one cares why Amanda’s vibrator is on full display.

And yes, you did demand to be heard. Perhaps, if you had agreed to full cross examination, you would know what the judges and prosecutors would be interested in hearing.

[page 173] ‘’... A week later, Meredith’s English friends took the stand and testified with such uniform consistency it was hard to think of them as distinct individuals. Robyn Butterworth, Amy Frost, and Sophie Purton all said that Meredith had been unhappy with Amanda’s standards of hygiene, particularly her forgetfulness about flushing the toilet. It sounded almost as if they were reading from a prepared script. Meredith, they agreed, had found Amanda a little too forward for keeping her condoms and what looked like a vibrator in their shared bathroom. And, they said, Amanda had acted weirdly in the Questura.

That was it. They mentioned nothing positive about the relationship. No word on Meredith and Amanda’s socializing together, or attending Perugia’s annual chocolate festival, or going to the concert on the night Amanda and I met.’‘

Yes, the prosecution case does seem stronger when their witnesses are consistent. Absolutely right.

Strangely, Meredith’s English friends also did not talk about how compassionate Amanda was at the memorial. Wait a minute….

[page 174] ‘’... Amanda arrived in court wearing a T-shirt with the words ALL YOU NEED IS LOVE emblazoned in huge pink letters, to mark Valentine’s Day. It seemed she wanted to find a way to defuse the English girls’ ill will toward her, but it didn’t work.’‘

No kidding.

[page 186] ‘’... Meanwhile, we had to worry about Amanda taking the stand. Her lawyers decided that the best way to refute the stories about her wayward personality was to have the court take a good, hard look at her up close. But my lawyers were deeply concerned she would put her foot in her mouth, in ways that might prove enduringly harmful to both of us. If she deviated even one iota from the version of events we now broadly agreed on, it could mean a life sentence for both of us.’‘

Amanda puts her foot in her mouth? Yup.

“The truth we agreed on”?? Come on, you actually put this in the book?

[page 193] ‘’... My father was all over the place. He knew exactly how bad the news was, but he wanted to shield me as best he could. “Whatever happens, don’t worry,” he told me. “There’s always the appeal. The work we’ve done won’t go to waste.”

And indeed, the first (now annulled) appeal did ‘save’ them.

[page 195] ‘’... Mignini had to scrabble around to explain how Amanda, Guede, and I could have formulated a murder plan together without any obvious indication that we knew each other. Guede, he postulated, could have offered himself as our drug pusher.’‘

“I can explain that. Amanda and I are admitted drug users. We smeared Guede as a drug dealer. Reasonable people might believe that there is some connection to drugs.”

[page 204] ‘’... The next piece of bad news came down within three weeks of our being found guilty. Rudy Guede’s sentence, we learned, had been cut down on appeal from thirty years to sixteen. The thinking of the appeals court was that if Amanda and I were guilty, then Guede couldn’t serve a sentence greater than ours. If I had supplied the knife and Amanda had wielded it, as Mignini and Comodi postulated and Judge Massei and his colleagues apparently accepted, we needed to receive the stiffer punishment.’‘

Yes, the thinking of the courts, and those pesky short-form trial sentence deductions that are mandatory.

‘’[page 204] ...I didn’t think I could feel any worse, but this was an extra slap in the face and it knocked me flat. Not only were Amanda and I the victims of a grotesque miscarriage of justice, but Meredith’s real killer, the person everybody should have been afraid of, was inching closer to freedom. It wasn’t just outrageous; it was a menace to public safety.’‘

Yes, it was a miscarriage in that Amanda and I didn’t get the life sentences Mignini called for, and that Meredith’s real killer, Amanda, would soon get her freedom via Hellmann.

[page 219] ‘’... My family was not beating up on Amanda entirely without cause. What I did not know at the time, because they preferred not to fill me in, was that they were exploring what it would take for the prosecution to soften or drop the case against me. The advice they received was almost unanimous:’‘

Although the deal itself is illegal, I have no doubt that the Sollecito family at least explored the option.

[page 258] ‘’... 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.’‘

That is true, with one huge omission: the defense only cherry picked a few small pieces of evidence. Yes, it ‘knocked down every piece of evidence we chose to contest.’

2. Synopsis Of “Honor Bound”

(20) The robbery that night was perfect, assuming the perp had the inside info.

(22) My cellphone was turned off.

(22) If my father called the land line I would have an alibi.

(24) I cannot make sense of showering in a bloody bathroom.

(26) Despite the break in, nothing had been taken.

(27) Someone did not flush the toilet, and I won’t either.

(27) The following dialogue:

‘’ ....Don’t do anything stupid.’‘

‘’ ....Now what do we do?’‘

‘’ ....My sister is in the Carabinieri.’‘

(29) I should have been more careful about my choice of words when I said

‘’ .... Nothing has been taken.’‘

(35) The police were shocked/disbelieving Amanda just took a shower.

(39) Things would be okay if my Carabinieri sister had helped.

(40) I defended Amanda, beyond the point of looking after my own interests.

(40) Amanda could kill for something minimal, even a pizza.

(40) Amanda and Meredith were not friends, despite living together.

(41) Amanda and I share embarrassing sexual information about the victim.

(42) We weren’t misbehaving in the lingerie shop, but if we were, it was taken out of context.

(43) Amanda whined, and we fooled around in the police station. Maybe not a good idea.

(44) Amanda does not shut up about her sex life.

(46) Vanessa made inquiries on my behalf.

(47) Prior to our arrest, the authorities were clueless.

(48) We behaved oddly, had no real alibi, and said things without thinking.

(49) We are not guilty only because there is no physical evidence.

(50) I like to carry knives.

(51) I had trouble remembering the date Meredith was killed.

(56) My sister works for the carabinieri. Why am I even here?

(56) My shoes are similar to ones found at the crime scene

(59/60) Amanda gave the false statement regarding Patrik.

(61) The police got Amanda and I to say things against each other.

(62) Amanda and I spun a web of contradictions.

(63) This is going to mess up my graduation.

(64) The smell wasn’t bleach, it was lysoform

(77) I never met Patrik, my co-accused (or did I)? 

The shoes might have dragged blood, or might have been stolen.

(78) I collect a lot of knives, and don’t remember if Amanda left.

(83) Amanda made admissions she tried to retract.

(86) Amanda and I engage in alarming behaviour, such as writing rape stories, and taking photos with weapons

(87) I had access to bleach, receipts or not.

(88) My lawyer thinks the evidence is strong, and wants me away from Amanda.

(90) I hope there is evidence on my computer that clears me.

(91) I imagined that the DNA on the knife came from a cooking accident.

(93) Amanda and I carried a mop back and forth for some reason.

(94) Amanda, in a jail recorded call, places herself at the scene.

(94) Amanda writes that I may have planted her fingerprints on the knife.

(97) Rudy Guede is caught, but I fear I may get named in other things.

(98) Lumumba is released, angry at Amanda for false accusation.

(107) Dad tried to cherrypick experts who would get me out.

(110) The courts saw us as unstable and potential flight risks.

(112) I decline to answer.

(112) I don’t want the prosecutor checking my story

(113) I creepily tried to reach out to the Kerchers, despite being accused, just like Amanda.

(115) Rudy should have kept his shoes in order to exonerate Amanda and I.

(117) I still refused to talk.  Amanda did, with lawyers.

(121) Amanda has been wearing Meredith’s underwear and without washing it.

(122) A witness heard Meredith scream, just as Amanda described.

(125) I am at peace with everything.

(129) The courts threw out our statements at the police station.

(150) I had a memorable encounter with a bisexual inmate (same as Amanda)

(151) My dad tried to find an alternate explanation for the phone evidence.

(154) The evidence against Rudy Guede is rock solid. The evidence against me is contaminated.

(156) Micheli is a great judge. He convicted Guede.

(156) Micheli is an idiot judge.  He believes Amanda and I were involved.

(160) It was foolish to think we could selectively clean the crime scene.

(167) In order to save ourselves, Amanda and I teamed up against Rudy.

(169) We weren’t getting the judges we wanted.

(173) We did not shut up, but had nothing helpful to say.

(173) Meredith’s English friends gave consistent testimony that did not help us.

(174) the ALL YOU NEED IS LOVE t-shirt was a bad idea.

(186) I worried about Amanda testifying, saying dumb things, and deviating from our ‘version’

(193) We knew the trial was doomed, but there was the appeal. (Hellmann)?

(195) For all the ‘drug dealer’ and ‘drug user’ name calling, prosecutors seemed to think this might be about drugs.

(204) Guede’s sentence was cut from 30 years to 16.  What an injustice for us… I mean Meredith.

(219) Legally speaking, it would be better to split from Amanda.

(258) Hellmann’s report knocked down the evidence we chose to present.

3. Premeditation And Why RS Goes No Further

The real reason Sollecito goes no further could be in as in the title ‘‘Honor Bound’‘.  Many altruistic people may interpret this as behaving, or conducting themselves honourably. 

But take a more shallow and selfish view.  It could just refer to being SEEN as honourable.  I think everyone here would agree that RS and AK are quite narcissistic and arrogrant.  And how manly to be protecting the women in your life.

The truth does set you free - except only when the truth is much worse than what the assumptions are. I repeat, the truth sets you free, except when it is actually worse.

What could be worse? Premeditation. Far beyond what has been suggested.

1) Raffaele himself suggests that doing a robbery at the house at that time would be ideal.

This makes sense if:

(a) Rudy knew that Filomena had all the money (that she took charge of it)
(b) That rent would be paid in cash, not a cheque or bank automatic withdrawl.

So, by this reasoning, there would be over 1000 Euros in cash at that time. Of course, the average household does not carry that much, and normally, there would be no reason to think so. The date had to be planned. It also lends credence to the theory that this really was about money, and he had help.

2) The fact that Laura and Filomena were gone, as were the men downstairs. Really, how often does it happen, and how would an outsider know?

3) The trip to Gubbio. Does anyone know if either AK or RS were heavily into travel, or was this a one time thing? My point being that it could have been to establish an alibi, they just didn’t expect to still be there when the police showed up.

4) The fact that Rudy Guede was brought in, when he had no legitimate reason to be upstairs. RS could explain away DNA or prints, but not RG. Even if it really was just about stealing money, would there not be some trace of him left when the theft was reported.

And if murder was the plan all along, there would still be some trace of him.

5) Purchasing bleach. Everyone had assumed that it was done after the fact to clean up, but there is another thought. What if there already was bleach available in the home, and this purchase was merely a replacement as an afterthought?

6) The knife in Raffaele’s home. What if Amanda chose to bring a knife that Raffaele would not be able to ditch, simply so that should suspicion fall on them, there would be a knife to implicate Raffy? Remember, Amanda already made statements that point to him. Maybe those weren’t her first attempts.

Of course, I did make the suggestion that they were keeping the knives for trophies.

7) The ‘alibi’ email home. Sure, it could have been written on the spot. However, it seems too long and detailed for that. Yes, some details would need to be added (like the poop), but who is to say she didn’t start working on it BEFORE the murder?

8) Keeping the text to Patrik to say ‘see you later’. Amanda says she doesn’t keep messages on her phone, but she had this one, and several days after the murder. Could this have been saved as a ‘backup plan’ in case naming Rudy does not work for some reason. Besides, don’t all black guys look the same? (sarcasm).

9) Yes, there was a bloody shoeprint (believed to be AK), but I don’t recall anyone saying her shoes were missing, or any other clothes she had. And she supposedly did not have many clothes. So, did she have ‘extras’ for that night?

10) Wiping down the home (even if it was botched), would take time, and ‘supplies’. A chronic slob just happens to have all these cleaning supplies on hand, or were they acquired before?

So, I suspect the real refusal to talk is that the full truth is a lot worse than any game or drugged up prank. The time and location is chosen, no clothes are ‘noticed’ missing, and Amanda has at least 3 potential patzies: Rudy, Raffaele, and Patrik. Remember, Guede and Lumumba are on ‘the list’ Knox ended up writing for Rita Ficarra. And AK and RS are scheduled to go on a trip that would take them away with a plausible alibi. Cleaning supplies may already be there.

Call me cynical: but I see all the signs of staging, and premeditation. Yes, the act itself was messy, but there are very obvious marks of forethought.

So. What will the judges of Cassation be seeing?


Sunday, January 18, 2015

The Sollecito Trial For “Honor Bound” #3: Targeted Claims On Which Sollecito & Gumbel May Fold

Posted by The TJMK Main Posters



Dr Giuliano Bartolomei of the chief prosecutor’s office of the Florence court brings the case

1. The Court Contenders

Judge Dolores Limongi will preside over Sollecito’s new trial in Florence this thursday and Dr Giuliano Bartolomei will prosecute.

No word about whether the hapless bungler Andrew Gumbel will attend, but Sollecito has said he will be there.  Sollecito’s defense team seems rather weak. After Sollecito’s own lawyers for his murder trial publicly renounced the most damaging claims in his book (see below) his family turned to Alfredo Brizioli for help.

Brizioli is a Perugia lawyer who was accused of being one of those trying to disguise the murdered Narducci’s involvement in the Monster of Florence killings. That shadowy group has just taken another hit in Italian eyes - a Milan court has ruled that Narducci, the probable murderer in the Monster of Florence crimes, was indeed himself murdered and there exists powerful evidence for this.

2. The Specific Charges

Charges against Sollecito are of two kinds: criminal defamation of both the justice system itself and of some of those who work within it. In US and UK terms criminal contempt of court comes close.

Criminal contempt charges become separate charges from the underlying case. Unlike civil contempt sanctions, criminal contempt charges may live on after resolution of the underlying case.

One charged with criminal contempt generally gets the constitutional rights guaranteed to criminal defendants, including the right to counsel, right to put on a defense, and the right to a jury trial in certain cases. Charges of criminal contempt must be proven beyond a reasonable doubt.

However, incarceration for contempt may begin immediately, before the contempt charge is adjudicated and the sentence decided. Depending on the jurisdiction and the case, the same judge who decided to charge a person with contempt may end up presiding over the contempt proceedings.

Criminal contempt can bring punishment including jail time and/or a fine.

 

In this case a guilty verdict can open the tidal gates to criminal prosecutions and civil suits against Sharlene Martin and the Simon & Schuster team and all those many who repeated ANY of Sollecito’s and Gumbel’s false claims as gospel in their own books and online in the US and UK.

3. Nature Of The Claims

Typically the modus operandi of Knox and Sollecito and their factions in their US campaign (this falls flat in Italy) is to make some very damaging core claims, while leaving hundreds of pesky truths ignored.

Pesky truths helpfully ignored by most of the US and UK media too who apart from freelance Andrea Vogt have still done almost zero translation of their own. The previous post below shows a good example of this. Sollecito makes 20 false claims in a few pages. Dozens of facts that would belie those claims are simply left out.

The false claims continue (with considerable duplication for emphasis) throughout the 250-plus pages of the book.

Sollecito’s claims were published only in English. That was in the apparent hope that things would be reversed by political pressure from the US. Perhaps the US would let Sollecito come and live and stiff the Italian courts.

The Italian flagship crime show Porta a Porta wrecked that unusual and in-itself damaging strategy only 10 days out - with Francesco Sollecito’s and Luca Maori’s help.

The three worst-case examples quoted here and some others became public when Andrea Vogt and Italian reporters pointed to them after an October hearing. Page numbers are for the hard-cover book. 



Raffaele Sollecito retained Alfredo Brizioli after he burned his trial lawyers in his book

4. Example Claim One

Our brief response to this for now is that this felony attempt to frame the prosecutor for a serious crime was entirely made up. His own father and both his trial lawyers publicly said so. There was never a police or prosecution bias against Knox or toward Sollecito. As was very obvious at trial in 2009 the case against both was equally strong (an example of a key fact left out). Knox herself would seem to have a reason to get mad with Sollecito for this shafting - and in fact she did.

[ Page 219-222] My family was not beating up on Amanda entirely without cause. What I did not know at the time, because they preferred not to fill me in, was that they were exploring what it would take for the prosecution to soften or drop the case against me. The advice they received was almost unanimous: the more I distanced myself from Amanda, the better. The legal community in Perugia was full of holes and leaks, and my family learned all sorts of things about the opinions being bandied about behind the scenes, including discussions within the prosecutor’s office. The bottom line: Mignini, they were told, was not all that interested in me except as a gateway to Amanda. He might indeed be willing to acknowledge I was innocent, but only if I gave him something in exchange, either by incriminating Amanda directly or by no longer vouching for her.

I’m glad my family did not include me in these discussions because I would have lost it completely. First, my uncle Giuseppe approached a lawyer in private practice in Perugia - with half an idea in his head that this new attorney could replace Maori - and asked what I could do to mitigate my dauntingly long sentence. The lawyer said I should accept a plea deal and confess to some of the lesser charges. I could, for instance, agree that I had helped clean up the murder scene but otherwise played no part in it. “He’d get a sentence of six to twelve years,”Â the lawyer said, “but because he has no priors the sentence would be suspended and he’d serve no more jail time.”Â

To their credit, my family knew I would never go for this. It made even them uncomfortable to contemplate me pleading guilty to something I had not done. It was, as my sister, Vanessa, put it, “not morally possible.”

The next line of inquiry was through a different lawyer, who was on close terms with Mignini and was even invited to the baptism of Mignini’s youngest child that summer. (Among the other guests at the baptism was Francesco Maresca, the Kerchers’ lawyer, who had long since aligned himself with Mignini in court.) This lawyer said he believed I was innocent, but he was also convinced that Amanda was guilty. He gave my family the strong impression that Mignini felt the same way. If true - and there was no way to confirm that - it was a clamorous revelation. How could a prosecutor believe in the innocence of a defendant and at the same time ask the courts to sentence him to life imprisonment? The lawyer offered to intercede with Mignini, but made no firm promises. He wasn’t willing to plead my cause, he said, but he would listen to anything the prosecutor had to offer.

Over the late spring and summer of 2010, my father used this lawyer as a back channel and maneuvered negotiations to a point where they believed Mignini and Comodi would be willing to meet with Giulia Bongiorno and hear what she had to say. When Papà   presented this to Bongiorno, however, she was horrified and said she might have to drop the case altogether because the back channel was a serious violation of the rules of procedure. A private lawyer has no business talking to a prosecutor about a case, she explained, unless he is acting with the express permission of the defendant. It would be bad enough if the lawyer doing this was on my defense team; for an outside party to undertake such discussions not only risked landing me in deeper legal trouble, it also warranted disciplinary action from the Ordine degli Avvocati, the Italian equivalent of the Bar Association.

My father was mortified. He had no idea how dangerous a game he had been playing and wrote a letter to Bongiorno begging her to forgive him and stay on the case. He was at fault, he said, and it would be wrong to punish her client by withdrawing her services when I didn’t even know about the back channel, much less approve it. To his relief, Bongiorno relented.

My family, though, did not. Whenever they came to visit they would suggest some form of compromise with the truth. Mostly they asked why I couldn’t say I was asleep on the night of the murder and had no idea what Amanda got up to.


5. Example Claim 2

Our brief response to this for now is that the case against Sollecito was being driven by Judge Matteini and Judge Ricciarelli and Judge Micheli, not Dr Mignini (an example of a key fact left out) and they got their information directly from the police. More than a year prior to Sollecito’s book coming out, a Florence appeal court had totally annulled a vengeance conviction against Dr Mignini [“there is no evidence”] and the Supreme Court had endorsed the result (an example of a key fact left out).

[2. Page 176-177] One of the reasons our hearings were so spread out was that Mignini was fighting his own, separate legal battle to fend off criminal charges of prosecutorial misconduct. He and a police inspector working on the Monster of Florence case stood accused of intimidating public officials and journalists by opening legal proceedings against them and tapping their phones without proper justification.

To Mignini, the case smacked of professional jealousy because the prosecutors in Florence resented his intrusion on a murder mystery they had struggled for so long to resolve. But Mignini’s behavior had already attracted international condemnation, never more so than when he threw the journalist most indefatigably devoted to following the Monster case, Mario Spezi, into jail for three weeks.

Spezi had ridiculed Mignini’s theories about Francesco Narducci, the Perugian doctor whom Mignini suspected of being part of a satanic cult connected to the killings. In response, Mignini accused Spezi himself of involvement in Narducci’s murder - even though the death had been ruled a suicide. It was a staggering power play, and the international Committee to Protect Journalists was soon on the case. Spezi was not initially told why he was being arrested and, like me, was denied access to a lawyer for days. Even Mignini, though, could not press murder charges without proving first that a murder had taken place, and Spezi was eventually let out.

I firmly believe that our trial was, among other things, a grand diversion intended to keep media attention away from Mignini’s legal battle in Florence and to provide him with the high-profile court victory he desperately needed to restore his reputation. Already in the pretrial hearing, Mignini had shown signs of hypersensitivity about his critics, in particular the handful of English-speaking investigators and reporters who had questioned his case against us early on. He issued an explicit warning that anyone hoping he would back off the Meredith Kercher case or resign should think again. “Nobody has left their post, and nobody will,”Â he said. “Let that be clear, in Perugia and beyond.”Â

Just as he had in the Monster of Florence case, Mignini used every tool at his disposal against his critics and adversaries. He spied on my family and tapped their phones. He went after Amanda not just for murder, but also for defaming Patrick Lumumba - whom she had implicated under duress and at the police’s suggestion. He opened or threatened about a dozen other legal cases against his critics in Italy and beyond. He charged Amanda’s parents with criminal defamation for repeating the accusation that she had been hit in the head while in custody. And he sued or threatened to sue an assortment of reporters, writers, and newspapers, either because they said negative things about him or the police directly or because they quoted others saying such things.

Mignini’s volley of lawsuits had an unmistakable chilling effect, especially on the Italian press, and played a clear role in tipping public opinion against us. We weren’t the only ones mounting the fight of our lives in court, and it was difficult not to interpret this legal onslaught as part of Mignini’s campaign to beat back the abuse-of-office charges. His approach seemed singularly vindictive. Not only did we have to sit in prison while the murder trial dragged on; it seemed he wanted to throw our friends and supporters - anyone who voiced a sympathetic opinion in public - into prison right alongside us.


6. Example Claim 3

Our brief response to this for now is that this was long ago revealed to be a hoax (an example of a key fact left out). Neither the police nor the prosecution were in any way involved. A fake positive for HIV turned up, Knox was warned not to be concerned, and she was soon told that a new test showed her fine. Her list of recent sex partners was her idea, and its leaking to the media was demonstrably a family and defense-team thing (an example of a key fact left out).

[Page 101-102] The prosecution’s tactics grew nastier, never more so than when Amanda was taken to the prison infirmary the day after Patrick’s release and told she had tested positive for HIV.

She was devastated. She wrote in her diary, “I don’t want to die. I want to get married and have children. I want to create something good. I want to get old. I want my time. I want my life. Why why why? I can’t believe this.”Â

For a week she was tormented with the idea that she would contract AIDS in prison, serving time for a crime she did not commit. But the whole thing was a ruse, designed to frighten her into admitting how many men she had slept with. When asked, she provided a list of her sexual partners, and the contraceptive method she had used with each. Only then was she told the test was a false positive

To the prosecution, the information must have been a disappointment: seven partners in all, of whom four were boyfriends she had never made a secret of, and three she qualified as one-night stands. Rudy Guede was not on the list, and neither was anyone else who might prove useful in the case. She hadn’t been handing herself around like candy at Le Chic, as Patrick now alleged. She’d fooled around with two guys soon after arriving in Italy, neither of them at Patrick’s bar, and then she had been with me. Okay, so she was no Mother Teresa. But neither was she the whore of Babylon.

To compound the nastiness, the list was eventually leaked to the media, with the erroneous twist that the seven partners on the list were just the men she’d had since arriving in Perugia. Whatever one thought of Amanda and her free-spirited American attitude toward sex, this callous disregard for her privacy and her feelings was the behavior of savages.


7. Looking Forward

More posts to come.  We are going to open the floodgates on our own analysis of the book if the court on thursday takes a significant step forward.

Note that Sollecito has to contend with negative Italian public opinion as his claims bitterly disparaging to Italy itself (see the post below) are finally repeated in translation by the media and so become better known - at a disastrous time for him and Knox, two months before Cassation decides on their failed appeal.

In late 2012 after the book came out the TV crime show Porta a Porta gave Dr Sollecito quite a roasting on the first claim here and anger continued for some days more. He and Sollecito’s sister may be in court but no surprises if they are not. Knox could also react - the second and third claims above also appear in her book.


Friday, January 16, 2015

The Sollecito Trial For “Honor Bound” #2: False Accusations From The First Few Pages

Posted by The TJMK Main Posters



Suggested cover for a followup book due to multiple attempted malicious framings in first books

Examples: 20 False Claims In Seven Pages

We count several hundred malicious claims throughout that can easily be proved wrong. These twenty examples all appear in the book’s preface, which is only seven pages long.

Such claims continue throughout the book at approximately the same rate. Many sharp eyes here set about identifying them and are credited in the TJMK Liewatch page for Sollecito which will be switched on again when the secrecy requirement described in Part #12 below is relaxed by the court next week. 

1. That Italian justice authorities took the easy way out

This is the story of two ordinary people who stumbled upon an extraordinary circumstance, the brutal murder of a British student in Italy. Neither Amanda Knox nor I had anything to do with the crime, but we came perilously close to spending the rest of our lives in prison because the authorities found it easier, and more convenient, to take advantage of our youth and inexperience than to mount a proper investigation.  It’s that simple. And that absurd.

No advantage was taken of them. The two stood themselves out very sharply from all the others of similar age, and of similar inexperience (whatever that means). They did and said dozens of things in the early days that set them sharply apart.

They were questioned quite fairly, the Italian media was not especially hard, Dr Mignini never ever leaked, and they had lawyers and family handy at every turn after they were arrested. They each gave the authorities less than zero help - they tried to lead them off on wild goose chases, for example the false claim AK made against Patrick and dozens of other false claims, and apparently tried to finger yet another north African, Hicham Khiri, in a conversation they clearly knew was being recorded.

A “proper” investigation was indeed done. Simply read through all the posts on the trial here in the first half of 2009, and the prosecutor’s excellent summations, and you will see what a smooth comprehensive job was done. And the Supreme Court concluded that THREE had to have been involved, from the recreation of the attack and all the wounds on Meredith’s body. Subsequent to Patrick, AK and RS and their lawyers never came within light-years of throwing real suspicion on anyone else.

2. That the preventive custody was very harsh

On November 1, 2007, Amanda and I were carefree students at the beginning of a cross-cultural love affair in a beautiful Umbrian hill town. Within days, we were thrown into solitary confinement in a filthy prison, without access to lawyers or loved ones, accused of acts so heinous and disturbing we may never be able to banish them from our thoughts, or our nightmares.

Raffaele was sent to preventative prison on Tuesday November 6. Capanne Prison was almost brand-new then, and far from crowded. Cells contain TVs and private bathrooms.

All questioning had been stopped early on 6 November until Sollecito could have a lawyer present. He himself wrote to his father in his “prison diary” on November 7:  “I may see you tomorrow, at least that is what I was told by Tiziano [Tiziano Tedeschi, his lawyer at the time], who I saw today and who defended me before the judge.”

Mr Tedeschi made no complaint about any delay in the first meeting with his new client. In Italy, a judge must determine within 48 hours whether to hold or release detained suspects. Judge Matteini did so meticulously with Tedeschi present and refused Sollecito’s release.

3. That the prosecution and Italian media demonized the pair

In the newspapers and on the nightly news, we were turned into monsters, grotesque distortions of our true selves. It did not matter how thin the evidence was, or how quickly it became apparent that the culprit was someone else entirely. Our guilt was presumed, and everything the prosecution did and fed to the media stemmed from that false premise.

In the real world, the prosecution fed nothing at all secretly to the media and publicly very little, none of it self-servingly biased. Italian reporting was sporadic and very mild compared to anything one can see said daily about possible perps in the US and UK newspapers and on US TV. Besides, any coverage, which was in part deliberate in the situation as dozens of students were fleeing Perugia, had no influence on anything, neither on the investigation nor the trial.

The Italian system is set up so media can have less influence than almost any other media on any other justice system in the world. The Micheli and Massei sentencing reports show the judges were not unduly influenced even by the lawyers right in front of them, let alone by mild media reports 1 or 2 years before that.

4. That four years were wasted showing where the prosecution went wrong.

By the time we had dismantled the case and demonstrated its breathtaking absurdity [in the bent and annulled Hellmann appeal] we had spent four of what should have been the best years of our lives behind bars.

“We” meaning the defense lawyers did very little in the bent and annulled Hellmann appeal that they hadn’t flailed uselessly against in the trial. Except of course shopping for an inexperienced and pliable business judge, and for DNA consultants who they could then spoon-feed.

The list of lies by omission is extremely long. Much of the hard evidence they simply kept well away from, both in the trial and annulled appeal. Such as the extensive evidence in the corridor and bathroom and Filomena’s room, which were all considered parts of the crime scene.

On the other hand, RS’s claim could well apply to what Dr Galati and Cassation did for the Hellman sentencing report. Dismantled the appeal verdict, and demonstrated its breathtaking absurdity.

5. That Knox was made a target because timid Italy was scared of her.

Amanda and I certainly made our share of mistakes. At the beginning we were too trusting, spoke too frivolously and too soon, and remained oblivious to the danger we were courting even after the judicial noose began to tighten. Amanda behaved in ways that were culturally baffling to many Italians and attracted a torrent of gossip and criticism.

An inaccurate and xenophobic remark originated by the American Nina Burleigh, who was having severe culture shock of her own and surrounded only by other foreigners with similar mindsets.

What EXACTLY was so baffling about Knox to the very hip Italians? That Knox was pushy, obnoxious, humorless, rather lazy, rather grubby, and not especially funny or pretty or bright?  That she slept with a drug wholesaler up to the day of her arrest and cost him a stint in prison? That she put off Patrick, Meredith, her other flatmates, the boys downstairs, the customers in the bar, and just about everybody else except for the distasteful druggie loner Sollecito?

Read this post by the Italian-American Nicki in Milan. To quote from it “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….. Amanda Knox is not on trial because she is American and therefore too “emancipated”....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.”

6. That Knox and Meredith were really great, great friends.

We were young and naive, unthinking and a little reckless. Of that much we were guilty.  But what we did not do””and could not have done, as the evidence clearly showed””was murder Meredith Kercher.

Meredith was Amanda’s friend, a fellow English speaker in the house they shared with two Italian women just outside Perugia’s ancient city walls. She was twenty-one years old, intelligent, and beautiful. She and Amanda knew each other for a little over three weeks, long enough to feel their way into their new surroundings and appreciate each other’s interests and temperaments. I never heard about a single tense moment between them.

Plenty of other people did know of tensions. Meredith’s family and friends all knew Meredith was finding the noisy dirty lazy loud unfocused Knox and her one-night-stands hard to take.  Her other flatmates found her hard to take. Her employer Patrick found her hard to take. His customers in the bar found her hard to take.  The Lifetime movie got this strident angle of Knox pretty straight.

Remember, Meredith had enrolled for a full academic load at the main university. Knox in sharp contrast took only one undemanding language course - which anyone could walk into - requiring maybe 10 hours of study a week.  They increasingly did less together. In fact after several weeks, nobody was lining up to have anything to do with Amanda Knox.

Seemingly unable to reverse herself, Knox was headed to being among the least popular of students (or part-time students) in Perugia.  It should be recalled that the callous remarks by Amanda Knox about the death of her so-called friend Meredith included “Shit happens”, “She fucking bled to death”, and “‘I want to get on with the rest of my life”.

7. That an intruder knew about the rent money and so murder ensued.

Meredith, of course, suffered infinitely worse luck than we did: she came home, alone, on an ordinary Thursday night and had her throat slit by an intruder hoping to steal the household rent money.

There is zero evidence that this was the case. Knox herself ended up with a similar amount of cash that she has never been able to explain. There is zero possibility that Guede would know that any money was lying around - or not lying around, as it was concealed in Meredith’s drawer.

And take a look at the many images of the brightly lit house at night around 8:00 pm. There are several dozen other houses behind it in the dark which any smart burglar would have chosen first and entered hours later.  In 2008 two real break-ins occurred at the house - both were in the dark behind the house, which is by far the easiest place to break in.

So much for the spurious lone-wolf theory, which Judge Micheli first ruled out even before trial.

8. That the media got hysterical and portrayed heartless killers.

But the roles could easily have been reversed. If Meredith’s Italian boyfriend had not gone away for the weekend and if Amanda had not started sleeping over at my house, she””not Meredith””might have been the one found in a pool of blood on her bedroom floor. That reality was quickly lost amid the hysteria of the media coverage. But it continued to hover over both of us””Amanda especially””as we sank into the legal quagmire and struggled in vain to overcome the public image of us as heartless killers.

There was zero media hysteria. This silly claim was addressed above. Watch the Porta a Porta YouTubes and dozens of other Italian reports and try to find ONE that is not fair and cautious and mature.

How precisely did the two struggle in vain to overcome their public image? By coming up repeatedly with stories which didnt even tally with others of their own, let alone with one another’s? They never between them made even one helpful statement which actually helped the police.  And even their respective parents strongly suspected or knew of their guilt and were all caught incriminatingly on tape.

9. That Rudy Guede did it alone; ignore vast evidence that proves not.

This should not have been a complicated case. The intruder was quickly identified as Rudy Guede, an African immigrant living in Perugia with a history of break-ins and petty crimes. His DNA was found all over Meredith’s room, and footprints made in her blood were found to match his shoes. Everything at the crime scene pointed to a lone assailant, and a single weapon. Guede repeatedly broke into houses by throwing a rock through a window, as happened here, and he had been caught by the authorities in the past with a knife similar to the one that inflicted Meredith’s fatal wounds.

This is laughable. The room itself could not be checked for DNA as the choice was to fingerprint-check it instead. Sollecito’s footprint on the bathroom mat is a smoking gun all by itself. Crack national investigators demonstrated in numerous ways that the attack involved multiple assailants and this was endorsed by the Supreme Court.

Sollecito’s own lawyers never forcefully argued this. They produced two non-credible witnesses in the appeal trial (Alessi and Aviello) to actually prove that Guede had some other accomplices or that several others did it. Amanda Knox if anything diverted attention AWAY from Guede as he did in turn from her. He wasn’t quickly identified precisely because Knox had extremely credibly again and again on 5-6 Nov fingered Patrick.

There is no proof Guede intruded anywhere. The trial court concluded Knox invited him in. Guede had zero proven history of break-ins or petty crimes or drug-dealing, and late in 2008 at his trial Judge Micheli became angry at such claims. Guede had no prior criminal record at all. He had only been back in Perugia for a few weeks, after an extended stay up north.  His DNA was not found “all over” Meredith’s room. A major surprise, in fact, was how few traces of him were found.

The recreation of the crime scene and the autopsy both pointed AWAY FROM a lone assailant, not toward.  From Meredith’s wounds, it was quite evident that two and perhaps three knives had been used, and not a single weapon. What lone intruder carries or uses two or three knives?  And footprints in blood outside the door matched the feet of both RS and AK. This is why the Supreme Court confirmed Guede’s guilt only “in concorso” (with others).

10. That the cops could have caught Guede fast, despite Knox’s frame

Guede did not call the police, as Amanda and I did, or volunteer information, or agree to hours of questioning whenever asked. Rather, he fled to Germany as soon as the investigation began and stayed there until his arrest two and a half weeks later.

Guede’s apprehension and eventual conviction on murder charges should have been the end of the story. But by the time Guede was identified, the police and the public prosecutor’s office had convinced themselves that the murder was, incredibly, the result of a sexual orgy gone wrong, in which Amanda and I had played leading roles. Their speculations ignited a media firestorm, inspiring sensationalist headlines across the world about the evil lurking behind our seemingly innocent faces.

The authorities had no shred of evidence to substantiate this story line, only erroneous suppositions and wild imaginings. We had an alibi for the most likely time of death, and none of the initial forensic evidence tied us to the scene of the crime. Nothing in our backgrounds gave any hint of a propensity for violence or criminality. We were both accomplished, hardworking students known to our friends and families for our gentleness and even tempers.

Four more untrue claims. All three were convicted of a murder with a sex-crime element, and nobody was wrongly “convinced”. Which alibi is Sollecito talking about now? He himself admits in chapter 1 (Love and Death) that they had no “real alibi”. They still have no alibis at all for the second half of the evening, neither of them, when Meredith’s murder indisputably occurred.

Extensive forensic evidence within days tied them both to the scene. Not a single element of it has been discredited in the eyes of the Massei trial and Nencini appeal court. Not even one. Nothing was proven falsified, no item at all.

Neither of their backgrounds was squeaky clean. Both had long been into illegal drugs, the loner Sollecito had to be watched by his father and teachers, the increasingly disliked Knox had a history of doing and saying crass off-putting things. Both were lagging behind their brighter peers in their studies and Knox was in reality taking a year off.

11. That the prosecution fed the media a huge number of false claims.

Yet the authorities stuck to their guns. They fed the media a steady diet of sensationalist stories of how Amanda, the promiscuous American she-devil, and I, her sex-and-drug-addled Italian helpmeet, had tried without success to drag Meredith into our depravity and punished her by plunging an outsize kitchen knife into her neck.

Complete fiction. Again, in the real world, as the media reporters all confirm, the prosecution fed nothing at all secretly to the media, and publicly very little, none of it self-servingly biased.  Italian reporting was sporadic and very mild compared to anything one can see daily on possible perps in the US and UK newspapers and on US TV crime shows. There is zero sign this mild coverage mattered to the courts. As the media reporters all confirm, they were fed next to nothing by the police or prosecution on the case,

But whereas Mr Mignini famously never leaks, the defenses are widely claimed to have leaked throughout like sieves. So did Sollecito’s own family - they leaked an evidence video to Telenorba TV, for which they were considered for trial. Even we at TJMK and PMF received several offers of juicy leaks. Here is one example of where the Knox forces leaked - wrongly in fact - and then nastily slimed the prosecution and defenseless prison staff.

12. That the authorities had lots and lots and lots of scenarios.

It might have been funny if the consequences had not been so devastating. Listening to the tortured language of the prosecution””“one can hypothesize that . . . ,” “it is possible that . . . ,” “one can imagine that . . . ,” “this scenario is not incompatible with . . .”””it became clear that the authorities, like the media, were treating our case with the bizarre levity of an after-dinner game of Clue, or an Agatha Christie mystery. Everyone, even the judges in their black robes, had theories they were itching to air.

Have Sollecito and Gumbel ever before been in any other court in Italy or the UK or the US?  Every judge and/or jury seeks to zero in on a viable scenario on lines not unlike this. That is the whole POINT of having courts - to weight the probabilities in what happened in the crime.  The only difference in Italy is that the judges have to think their verdict through for weeks, and then write it all out, and then see it scrutinized by a higher court. Hardly a requirement to be sneered at.

Gumbel and Sollecito should have studied how US and UK juries arrive at their own scenarios. Very few US and UK lawyers think they do a better job. Ask those who watched the OJ Simpson and Casey Anthony trials and bitterly criticised the outcomes of those. And Italy has a vastly lower rate of false imprisonment than the US does, less than 1/6 of the US rate.

13. That Italy is a medieval country with a primitive justice system.

It could have been Colonel Mustard in the drawing room with the revolver; instead it was Amanda and Raffaele in the bedroom with the kitchen knife. How was it conceivable that a democratic country known for its style and beauty and effortless charm””the Italy of the Renaissance and la dolce vita””could allow two young people to be catapulted to international notoriety and convicted of a horrific crime on the basis of nothing at all?

This is not remotely what happened. There was very far from nothing at all. Convictions in the US and UK regularly result based on evidence 1/10 or 1/100 of that here - sometimes from one single evidence point. Any one or several of maybe 100 evidence points here could have convicted them in a US or UK court.

Italy gives defendants every possible break, and the justice system has become seriously loaded against victims and their families. Read here and here.

14. That the prosecutors office and media were in a grim embrace.

The answer has something to do with the grim embrace that developed between the prosecutor’s office and the sensationalist media. Like addicts constantly looking for the next fix, each fed the other’s insatiable appetite for titillation and attention. The casual cruelty of “Foxy Knoxy” and her Italian lover became too good a story line to abandon, even when it became apparent it was overheated and unsustainable. Our suffering was the price to be paid for the world’s continuing entertainment.

WHAT grim embrace? WHAT addicts? WHAT fix? WHAT insatiable appetite? WHAT titillation and attention? This is clearly defamatory if it can’t be proven, and we can turn up no evidence that any of it is true. It has to be one of the most foolish lies in the entire book, it is so easy to disprove. These who are being accused of crimes here are career police and prosecutors secure in their jobs, and perhaps some in the media, and none have the slightest gain to make from convictions arrived at through a hoax.

15. That in the justice system speculation and hearsay run rampant

The meandering complexities of the Italian legal system, where speculation and hearsay are allowed to run rampant and time invariably slows to a maddening trickle, did little to help our cause.

Total mischaracterization. First note that by comparison with any country in the world THERE IS NOT MUCH CRIME IN ITALY.  There is some minor corruption and still some minor mafia action, but thefts and burglaries and assaults are few and murders even fewer. The main crime if you can call it such is citizens not lining up to pay taxes.  Italy’s murder rate is 1/6 that of the United States and its prison system size is 1/30 that of the United States, so where IS all this crime about which the claimed speculation and hearsay are running rampant?

The legal process would have been fully over by the end of 2009 if (1) there was not the entitlement to two automatic appeals; in UK and US terms there was very little to appeal about;  and (2) the Hellmann appeal court had not been fixed to produce a corrupt outcome, as the displaced judge Sergio Matteini Chiari and Cassation and the Council of Magistrates have all made plain.

And compared to American police and prosecutors, their Italian counterparts are famously taciturn under their unusually firm rules. There is media interest, for sure, as there should be when there are crimes, but that also is comparatively restrained. Watch the various Porta a Porta shows on YouTube and you will see how sedate crime discussion tends to be.

The Constitution and the judicial code set out to achieve the exact opposite of speculation and hearsay affecting justice, and they do so.  Creating this restraint is a primary reason for the judges’ sentencing reports, and for all the magistrates’ checks of investigations along the way.

This whole series of dishonest claims about the the Italian system in the preface of the book and a later chapter have clearly not been read through or okayed by even one Italian lawyer. They would all know it is wrong.

16. That in Italy proof beyond a reasonable doubt scarcely exists

For reasons deeply embedded in the country’s history, the concept of proof beyond a reasonable doubt scarcely exists in Italy, and the very notion of undisputed fact is viewed with suspicion, if not outright aversion.

So Gumbel and Sollecito are historians and legal experts now? It would be nice, wouldn’t it, if either were able to explain the remark. This may be an ignorant swipe at the Napoleonic Code on which the law of a lot of continental Europe is based. Ignored is that Italy carried out its own reforms to the Code in 1990 and more subsequently. Much of that reform, it should be pointed out, was procedural or structural rather than substantive law.

There are two things wrong with “..the concept of reasonable doubt scarcely exists in Italy.”

    1. It is factually wrong. Italian jurists, the courts, and so on, are well acquainted with the concept as it has been a fundamental aspect of criminal proceedings in Italy as elsewhere for many decades if not centuries.

    2. It suggests that Italians are not intelligent enough to understand the concept anyway. That of course is an insult to Italians.  Actually they are no less intelligent than the rest of us elsewhere who strive to understand it.

Until the 1990 Reforms the relationship between criminal and civil proceedings in Italy were governed by the principles of unity of jurisdiction and the prevailing status of criminal proceedings. Hence, if the facts were the same then criminal proceedings (to punish the guilty) and civil proceedings (to render liable the guilty for damages) were heard at the same time and still sometimes are, as in the Meredith Kercher case.

What has changed (relevant to the above quote) is that civil cases can be and are more likely to be heard independently from the related criminal cases and, where not, the standard of proof in civil cases (the preponderance of evidence or, as we usually refer to it, the balance of probabilities) is to be applied to the civil case, and the civil case only, rather than be confused with or overriden by the criminal standard of proof (beyond reasonable doubt).

Not an easy task, admittedly, to apply different standards to different tasks, based on the same facts, in the same proceedings, but Italian judges are trained to do this because that is their system. No judge would EVER confuse “beyond reasonable doubt” with “the balance of probabilities” when the issue at stake is depriving an individual of his freedom.

17. That the Italian judiciary has vast, unfettered powers

Few in Italian society wield as much unfettered power as the robed members of the judiciary, whose independence makes them answerable to nobody but themselves.

Radically the opposite of the truth. The paranoid claim reads like it came from ex PM Berlusconi fearful of his own conviction or one of his parliamentary lackeys such as Girlanda.

The checks and balances on judges in the Italian system are enormous, perhaps the toughest checks and balances in the world. Read here and here about them.

All of the best judges in the world are independent and they all follow a demanding career path, not elected (as ex-Judge Heavey was) under zero criteria, or appointed under the political sway of politicians. We wonder if Gumbel and Sollecito have ever heard of the US Supreme Court? Do those judges answer to anybody? No? How unfettered. 

18. That the courts are the most reviled institution in Italy.

Many Italians retain a healthy skepticism about the reliability of their procedures and rulings. The courts””tainted by politics, clubbishness, pomposity, and excruciating delays””are the most reviled institution in the country.


As our Sollecito Book pages make clear again and again and again, the Italian system is remarkably NOT tainted by politics, as even the most surperficial watcher of the trials of ex Prime Minister Sylvio Berlusconi would know.

And on the issue of popularity we have previously posted this and this and also this.

Our Italian poster Machiavelli (Yummi), who posted our deep analysis of the appeal to the Supreme Court by Dr Galati, has provided these hard facts:

For comparison, in 2011 the percentage of Italians who declared they trust the justice system “a lot” or “enough” was 53.3%. By comparison, the percentage of Italians who declared they trust the government “a lot” or “enough”  were 14.7%, and those who trust the parliament were only 15%.

In 2012, the percentage of Italians who trust the parliament is now only 9.5%, and those who trust the Mario Monti administration are only 21.1%.

Over the eight years from 2004 to 2012 the percentage of Italians who trust the justice system was always bigger than those who trust parliament or government by at least ten points, and in some years we can see a spread of 20, 30, even 39 percentage points achieved by the judiciary over the parliament and government.

However, some cases of corruption (such as our Hellmann-Zanetti case, but also several others indicated by the Rapporto Italia 2012) do hamper trust.

The most trusted institutions in Italy above all are the Carabinieri (74% of Italians trust them) and the Polizia di Stato (71%).

Which means the most trusted institutions are precisely those law enforcement instruments which are deployed to enforce the orders of prosecutors.

19. That prosecutors can spin their cases into any shape they please.

Because the Italian legal system is almost completely blind to precedent and relies on a tangle of impenetrable codes and procedures, prosecutors and judges have almost boundless freedom to spin their cases into any shape they please and create legal justifications on the fly. Often, they are more interested in constructing compelling narratives than in building up the evidence piece by piece, a task considered too prosaic and painstaking to be really interesting.

Whoever wrote this either wasnt an Italian or a lawyer, and either way didnt have much of a clue. The entire Italian system under the post WWII constitution was designed to PREVENT what Sollecito & Gumbel claim it allows here.

There are checks and balances and reviews every step of the way. Magistrates (initially Matteini here) determine what a prosecutor may do in developing and presenting a case. Parties may appeal to the Supreme Court AT ANY TIME as Knox’s lawyers did over her second written confession - which she herself had demanded to make in front of Dr Mignini after he finished warning her of her rights.

Hard for Sollecito & Gumbel to believe, perhaps, but the defense is actually present in the same courtroom. They can raise points of order at any time. So can the defendants themselves, at any time, something maybe unique in the world.

And judges actually have minds of their own. And then there are the unique written sentencing reports, and the two automatic appeals if any parties want to pursue them.

Sollecito & Gumbel should have read the 2012 Galati appeal more closely. The Prosecution’s Appeal To The Supreme Court is available in English here.  Precedent has a section to itself - “The non-observance of the principles of law dictated by the Cassation Court in the matter of circumstantial cases (Article 606(b)) in relation to Article 192 paragraph 2 Criminal Procedure Code.”

Well, that’s precedent, via the Court of Cassation no less! How surprising from Gumbel/Sollecito that they should make that claim about ignoring precedent when in fact there it is, going right to the heart of the flawed Hellmann/Zanetti judgement on circumstantial evidence!  What else is a Code but in effect a codification, a gathering together, a rationalisation, of best law - and precedent? 

There is an absurd irony here, were they aware of it. Perhaps they are. Surely it is Hellmann and Zanetti who have displayed “a boundless freedom” in spinning the case “into any shape they please”, and who have “created legal justifications on the fly”?  As for prosecutors doing this, at least Dr Mignini followed the evidence, and American readers may recall the infamous Jim Garrison, the DA hero of Oliver Stone’s movie “JFK” but who in reality, unlike Dr Mignini, was a total and utter crackpot.

And what issue exploded the Porta a Porta TV show in Italy in September 2012? It was Sollecito’s false claim that the prosecution had secretly tried to offer him a deal if he would roll over on Knox.  NOBODY including his own father and his own lawyers confirmed him. Evidence against both was overwhelming. Nobody needed such a deal, and Italian prosecutors are highly rules-bound against ever offering such deals.

Sollecito was in effect accusing Dr Mignini of a felony with this much-repeated false claim in his book. (In her book Knox also accused Dr Mignini of a felony.)

20. That the prosecutors and judges in Italy are far too close.

Prosecutors and judges are not independent of each other, as they are in Britain or the United States, but belong to the same professional body of magistrates. So a certain coziness between them is inevitable, especially in smaller jurisdictions like Perugia.

Yes, prosecutors and judges in Italy belong to the same professional body of magistrates. But then so does the defense lawyer Ms Bongiorno. The claim that there is no independence between prosecutors and judges in Italy, in fact a coziness between them, is a bit rich.

Consider, say, the UK. It is true cases are prosecuted by the Crown Prosecution Service, a government body, but in serious cases the CPS will employ barristers from the Inns of Court. There is scarcely a judge in the UK, even up to the highest level, who was not and who is not still a member of one of the Inns of Court from whence barristers, for the prosecution or for the defence, ply their trade.

You can’t walk past an Inn without seeing the names of judges on the roll call on the plaques outside. A judge is still a barrister, just fulfilling a different function, although, of course, now paid by the State.  The old school boy tie? Corruption? No, the fulfilling of different roles by members of the same body is called professionalism. 

Judges and lawyers all belong to the American Bar Association in the US and attend the same conferences. No sign that this lack of “independence” ever affects trials.  This claimed excess of coziness is often ranted about online by the Knoxophile David Anderson who lives near Perugia. Nobody who pays him any attention can get where he derives this from. Maybe he heard it from Hellman?

Perugia prosecutors and magistrates are all known to do a fine job, and the national Olympics & earthquake relief cases involving powerful Rome politicians were assigned for competent handling to where? To Perugia… Defense lawyer Ghirga and Prosecutor Mignini have the reputation of being good friends. And Mignini and Massei would both draw their salaries from the State. But so what? Do not judges and DAs in the the USA do likewise? Are Gumbel and Sollecito impugning the professionalism of the counterparts of Mignini and Massei all over the world? It sure reads like it.


The Sollecito Trial For “Honor Bound” #1: History Of How This Ill-Fated Saga Began

Posted by The TJMK Main Posters



The “supertanker” the PR forces worked hard to turn has become a Titanic for them now

1. The Latest Legal Developments

A new phase of the Florence trial of Raffaele Sollecito and Andrew Gumbel is scheduled to start on Thursday of next week.

Why is this the iceberg in the Titanic’s path? Because Sollecito and later Knox made numerous demonstrably false and damaging claims that so many others then made, most usually worse.

See Sollecito go down here, or withdraw his claims, for lack of any proof, and the legal liabilities of all those others stretch to the horizon and beyond.

This trial puts Knox herself and her parents with her wild book and their wild claims at more risk. 

For reasons explained below, the investigation of the myriad claims by an Italian, beamed only at Americans, of official crimes and alternative “facts” couched in a jeering, sneering anti-Italy tone was taken behind the scenes by the Florence prosecution early in 2013.

The charges and target defamatory passages selected out of numerous passages falsely describing facts of the case and falsely accusing officials of crimes have not been formally reported even in Italy yet, except for a website update last October by the indefatigable journalist Andrea Vogt.

2. Chronology 2009-2011: The Trial And Appeal

In 2011 what is widely known in Italy to have been a bent Hellmann appeal court ran a cartoonish and illegal retrial of Sollecito and AK.

This illegal retrial, mostly annulled by the Supreme Court in March 2013, was lacking a few things. Such as most evidence, most witnesses, and all of the 2009 prosecution case and the compelling prosecution summations at the end. An illegal DNA consultancy which should never have occurred at appeal is also believed to have been bent.

3. Various Flashing Warning Lights

On 3 October 2011 Judge Hellmann told RS and AK they were free to go, despite the fact that no legal process for murder and some other crimes is considered final in Italy until no party pursues any further appeals or the Supreme Court signs off. Most still accused of serious crimes (as in the UK and US) remain locked up. Hellmann, pathetically trying to justify this fiasco ever since, was firmly edged out and still the target of a possible charge.

Other flashing warnings should have made Sollecito’s family and legal team and book writers very wary. They included the immediate strong warning of a tough prosecution appeal to the Supreme Court. They also included the pending calunnia trials of Knox and her parents, the pending trial of the Sollecitos for attempting to use politics to subvert justice, the pending trials of Spezi, Aviello, and Sforza, and so on. 

A major flashing warning was right there in Italian law. Trials are meant to be conducted in the courtroom and attempts to poison public opinion are illegal. They can be illegal in the US and UK too but, for historical reasons to do with the mafias and crooked politicians, Italian laws in this area are among the world’s toughest. So mid-process, normally no books are ever published

4. Chronology 2012-2013 The United States Track

Knox quickly headed back to the US West Coast and Sollecito soon came after her there.

After three-plus years of Sollecito and his camp being very iffy about Knox he suddenly - to his father’s open frustration - could not get enough of her.

Very quickly Sollecito found a book agent, Sharlene Martin,  who lives just a couple of miles from the Mellases and Knoxes, and she lined up a shadow writer, Andrew Gumbel, who lives in LA and had been based in Italy in the 1990s.

Both Sharlene Martin and Andrew Gumbel soon revealed that their “knowledge” of the case was paper-thin and dangerously biased.

Sollecito’s Italian lawyers seemingly did not have a clue what was going on on this book front - lately an angry Giulia Bongiorno made that plain enough.

Sollecito’s father and sister did have growing concerns (among much fallout in Italy of their own such as Vanessa losing a plum Carabinieri job) and in March they hopped on a flight to Seattle to try to ditch Knox and presumably the book and drag Sollecito home.

Even Knox at times seemed to want the clingy nuisance gone, and she produced a claimed new love-interest to help to keep him at bay.

Throughout 2012 the hubris of the Knox camp within which Sollecito had embedded himself was immense. David Marriott and Bruce Fischer both posted that it was their efforts that had got the two released, making no mention of a court the defenses had bent.

On 18 September Honor Bound hit the shelves. If Sharlene Martin or Andrew Gumbel or Simon & Schuster had done any due diligence on the book, such as reading court documents, or even run it in final draft in Italian past Sollecito’s lawyers in Italy, that due diligence sure did not show. (A legal case for the Sollecito family to pursue?)

Seemingly irresponsible or incompetent and not caring who in Italy they hurt, Sharlene Martin and Andrew Gumbel then assisted Sollecito in a triumphalist but mostly unconvincing sweep of the US crime shows.

The flagship interview was with Katie Couric on ABC right before the book came out. It really hurt. She had an advance copy and had done her homework. See our suggested questions and report and posts and Kermit’s great spoof here , here , here , here , and here.  The book promotion tour ended in Seattle thus..

Late April 2013 Knox’s book came out. Strong differences with Sollecito emerged both in the books and publicly in the media as described here and here.

Sharlene Martin later set up a panel of the useful idiots Michael Heavey and John Douglas and Steve Moore in a Congressional room for hire, an odd role for an agent of a book, which nobody of importance attended. Just as well. Truth was scarce.

Sollecito repeatedly visited the United States (and the Caribbean) though he was provisionally a convicted felon, not least in a desperate, cynical and hurtful attempt, after the sharp rebuff by Amanda Knox, to find an American wife.

You can read the rest of Sollecito’s US saga in the top posts here. His last visit to the United States was in late 2013.

5. Chronology 2012-2013 The Italy Track

The book was written and published only in English; Francesco Sollecito said no Italian publisher would touch it (surprise, surprise).

In Italy, from our post of 27 September 2012, this media explosion is what happened next.

In Italy Sollecito’s wildly inaccurate and hyper-aggressive book has already set himself 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 lawyer Maori have already been forced to admit the book contains serious lies. Prosecutors are considering whether there should be new charges

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, also had to deny in frustration that the offer of any deal either way ever happened.

Now the prosecution has announced that they are weighing whether there should be new charges lodged against Sollecito.

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.

Prosecutors and police have all already stated that he simply lied here too, and again prosecutors are considering whether there should be new charges

Thereafter we posted a number of times about false claims others and we ourselves identified in the book -  one of three (with Preston’s and Knox’s) probably the most defamatory ever written about any justice system or justice officials anywhere. Our next posts will pick up that thread.

5. Italy Officially Reacts

Finally for now, we posted on 18 February 2013 on a formal move against the book by the Florence Courts, with a Breaking News addendum that (very unusually) the prosecution and supervising magistrate had taken the investigation behind closed doors.

That secrecy order to counter the toxic PR still persists, right up to now, and it will only be next Thursday that the results of the investigation and the charges against Sollecito and Gumbel become widely know.

Next post: selected examples of Sollecito’s and Gumbel’s false claims.


Tuesday, January 13, 2015

The Scale Of Evil By Forensic Psychologist Professor Michael Stone Of Columbia University NYC

Posted by Mark


1. Who Is Dr Stone

Dr Stone is increasingly on American TV and in American courts as demands for better answers to heinous crimes grow.

He has published a lot and is a partner in a research clinic in New York. These are Dr Stone’s professional credentials as posted on Psychology Today.

Dr. Michael Stone is a professor of clinical psychiatry at Columbia. His specialty is personality disorders - most especially “borderline personality disorder.” But in recent years he has concentrated as well on the extremes of personality, as shown by persons who show antisocial, psychopathic, and sadistic traits. This led to an interest in the kinds of people committing murder - spanning the spectrum from jealousy murders to serial killers and torturers. Recently he served as the host of the Discovery Channel show, “Most Evil,” for which he was sent around the country interviewing serial killers and murderers of other types.

This experience, plus his research over the past twenty years, led to his writing The Anatomy of Evil (appearing in July of 2009). The book explores the “why” factor: what are the inborn and environmental factors that cause certain people to commit murder and, at the extreme end, to behave with uncommon cruelty toward their fellow man. Modeled after Dante’s Inferno, the book progresses from the least to the most “evil” crimes, and contains a chapter devoted to recent contributions from neuroscience toward understanding the mind of the psychopath.


2. Interviews On Radio And TV

In the video above, how Dr Stone explained his scale of evil on a Canadian interview show, and below how he explained it on American National Public Radio.

Perhaps no surprises for Americans in the names of the killers in the examples. How they divide up confirms some postings we have had here before. For one thing, most don’t fit in the full-blown psychopathic group (Group 4). 

Introduction

Columbia University professor Michael Stone knows evil. He’s a forensic psychologist “” the type of expert that provides testimony on the mental state of accused murderers when a declaration of insanity can mean the difference between life and death row.

Inspired by the structure of Dante’s circles of hell, Stone has created his own 22-point “Gradations of Evil” scale, made up of murderers in the 20th century. “I thought it would be an interesting thing to do,” he says.

His scale is loosely divided into three tiers. First are impulsive evil-doers: driven to a single act of murder in a moment of rage or jealousy. Next are people who lack extreme psychopathic features, but may be psychotic “” that is, clinically delusional or out of touch with reality. Last are the profoundly psychopathic, or “those who possess superficial charm, glib speech, grandiosity, but most importantly cunning and manipulativeness,” Stone says. “They have no remorse for what they’ve done to other people.”

Stone hopes the scale could someday be used in prosecutions. “The people at the very end of the scale have certain things about their childhood backgrounds that are different,” he says, from those who appear earlier in the scale. And because the scale follows a continuum of likelihood a killer will kill again, courts may be able to better categorize the risks posed by releasing a psychopath.

Conspicuously absent from Stone’s scale are wartime evil-doers. “My scale is a scale for evil in peacetime,” he says. That’s because assessing wartime evil from a criminal-psychological standpoint is more complicated because of factors like culture, history and religion.”

And in war, there are often two sides. Take Hitler, Stone says. “He thought we were evil, we thought he was evil.” But, he adds, “in that particular case, we were right.”

The Scale Of Evil

1. NOT EVIL

1. Justified Homicide

The least malevolent: Those who have killed in self-defense and do not show psychopathic features.

Cheryl Pierson

Long Island native Cheryl Pierson had been repeatedly molested by her father after her mother died. He was a domineering man with rigid and bizarre rules “” for example, he insisted she eat three items on her dinner plate incrementally in a clockwise rotation; if she didn’t he would become violent. In desperation at age 17, she paid a classmate $400 to kill her father. She was sentenced to six months in jail for what was, in Stone’s words, “in effect a self-defense killing.”

2. IMPULSIVE MURDERERS

People who are not really psychopaths, not subject to routine unspeakable acts without remorse. “Ordinary people that get caught in some terrible situation,” Stone says.

2. Jealous Lovers, Non-Psychopathic

Though egocentric or immature, evildoers in this category committed their crimes in the heat of passion.

Jean Harris

School director Jean Harris led an exemplary life before she became romantically involved with “Scarsdale Diet” doctor Herman Tarnower. But when she found another woman’s panties in his dresser, she snapped. Harris shot her lover to death in a crime of passion “” and was sentenced to 10 years in prison.

3. Willing Companions Of Killers

Still far from psychopathic, some have antisocial traits and an aberrant personality. They’re often driven by impulse.

Cindy Campbell

Jack Olsen’s 1987 book Cold Kill describes Cindy Campbell as a manipulative, chaotic woman. She claimed she was the victim of incest and was accused of enlisting her lover, David West, to kill her parents in their sleep. Both she and West were convicted of murder.
Susan Cummings. Larry Morris/AFP/Getty Images i

4. Provocative “Self-Defense”

These people kill in self-defense, but they aren’t entirely innocent themselves; they may have been “extremely provocative” toward their victim.

Susan Cummings

A shy, tomboyish daughter of a billionaire arms trader, Susan Cummings fell in love with an Argentine polo player, Roberto Villegas. But after two years together, they fought: She was stingy and began to refuse sex; he would get angry and verbally abusive. Finally she shot him to death in her kitchen in 1997. Originally charged with first-degree murder, she was ultimately convicted of voluntary manslaughter and sentenced to 60 days in jail.

5. Desperate Measures

These are traumatized, desperate killers of abusive relatives or others “” but they lack “significant psychopathic traits” and are genuinely remorseful.

Susan Wyche

Susan Wyche was a topless dancer who married and had a child with Jeff Wright, a successful carpet salesman from Houston. He used cocaine, had affairs, gave Susan herpes and was physically abusive. In 2003, she reached a breaking point, and in a fit of rage stabbed him 193 times. Portrayed as a battered wife by the defense and a vicious seductress by the prosecution, she was given a relatively light sentence: 25 years. A new punishment hearing is set for October.

6. Hot Heads

Killers who act in an impetuous moment, yet without marked psychopathic features.

Issei Sagawa

Born in Japan, Issei Sagawa was pampered by his mother, but became highly irritable and prone to tantrums. In high school, he developed cannibalistic fantasies, and in 1981 he was accused of carrying one out in Paris. His victim: a Dutch student named Renee Hartevelt. He lured her to his apartment, shot her to death, sexually assaulted the body and then began eating her muscle tissue. He was declared legally insane in France and sent back to Japan, where he was released from a mental institution in 1986. He’s now a minor celebrity and has written books and magazine articles about his experience.

7. Narcissists

Highly narcissistic killers who are often possessive, not distinctly psychopathic, but “with a psychopathic core.” They typically kill loved ones or family members out of jealousy.

Prosenjit Poddar

In 1968, college student Prosenjit Poddar met Tatiana Tarasoff at a dance class in California. They dated briefly but she rejected him. Poddar then told his therapist about wanting to kill her. His therapist wanted to commit him to hospital, but Poddar convinced campus police he was not dangerous. In the summer of 1969, after she returned from a vacation, Poddar stabbed Tarasoff to death with a kitchen knife. Poddar was convicted and deported back to India after his conviction was overturned. Her parents sued the campus police for failing to warn that their daughter was in danger. This led to the famous Tarasoff decision, which ruled physicians now must warn potential victims of a psychiatric patient.

8. Fit of Rage

Non-psychopathic people, who live with an underlying, smoldering rage, then kill when that rage is ignited.

Charles Whitman

In 1966, ex-Marine Charles Whitman gunned down his wife and his mother, then ascended a tower at the University of Texas and began shooting people with a rifle. He killed 14 people and wounded 32, before being shot and killed by police. His early life was plagued by physical abuse by his father. A UT psychologist who met with Whitman before the murders described him as “oozing with hostility.” An autopsy revealed that he had a brain tumor, which may have contributed to his rage.

3. SEMI-PSYCHOPATHS

Those who show a “fair number” of psychopathic traits “” grandiosity, superficial charm, or general lack of remorse.

9. Jealous Lovers, Psychopathic

The scale’s first foray into psychopathic territory, these killers are jealous lovers but with marked psychopathic features.

Paul Snider

Paul Snider “discovered” Dorothy Stratten when she was working at a Dairy Queen at age 17. He became her manager and steered her to Playboy magazine, where she became Playmate of the Year in 1980. They married, but their relationship soon deteriorated, and she became involved with film director Peter Bogdanovich. In a jealous rage, Snider lured her to his apartment and shot her to death with a rifle before killing himself. Bob Fosse made a film about her tragic life, Star 80.

10. “In The Way” Killers, Not Fully Psychopathic

Killers of witnesses or people who are simply “in the way.” These evildoers are egocentric, but not totally psychopathic.

John List

Born in 1925, John List was described as rigid, joyless, angry and a neighborhood crank. A failed accountant with poor executive ability, he kept losing jobs, yet bought a big house for his wife and three children “” which he couldn’t afford. Caught between his indebtedness and his monstrous pride, he decided to kill his family. In 1971, he shot and killed his mother, wife and children, and fled to Colorado under an assumed name. He was at large for 18 years, until an image constructed by a forensic anthropologist was broadcast on America’s Most Wanted. He died in prison in 2008 at age 82.

11. “In The Way” Psychopaths

Psychopathic killers of people “in the way.” Premeditation is not usually a major factor in their killings.

Jeffrey MacDonald

An Army Green Beret doctor named Jeffrey MacDonald began showing signs of violence and hatred of women in his adolescence. In 1970, was accused of killing his wife and daughters, and then staging the scene to look like a cult slaying in the mold of Charles Manson. MacDonald was convicted of murder, but his case “” the subject of the book Fatal Vision “” has dragged on for four decades. In August 2010, his lawyers filed a brief in federal court asking for a new trial and claiming that DNA evidence could prove MacDonald’s innocence.

12. Power-Hungry And Cornered

Power-hungry psychopaths who kill when “cornered,” or placed in a situation they wouldn’t be able to escape with their power intact.

Jim Jones

Born in 1931, Jim Jones was attracted early on to a Pentecostal religious group that practiced “speaking in tongues.” He later became a charismatic leader of the Peoples Temple. Grandiose and fanatic, as well as psychopathic and paranoid, he gathered a large group of followers and moved with them to Guyana. In 1978, U.S. Rep. Leo Ryan and his entourage went to Guyana to investigate; he and four others were shot and killed. Cornered, Jones told his followers to commit group suicide. In all, 914 people died, 276 of them children. He also took his own life.

13. Inadequate And Rageful

Murderers with shortcomings that follow them throughout life, who also express psychopathic impulses and are prone to rage.

Karla Faye Tucker

Karla Faye Tucker was born the illegitimate daughter of prostitute and abused drugs since she was 9. She married at 16 “” by which time she had already had a hysterectomy for pelvic inflammatory disease. She divorced at 20. In 1983, she and boyfriend Daniel Garrett invaded the apartment of Jerry Lynn Dean while the two were high on methadone, valium, heroin and alcohol. Tucker and Garrett killed Dean and the woman he was with, using a hammer and pickaxe. After 14 years on death row, she was executed in 1998. She was the first woman executed in Texas since the Civil War.

14. Schemers

Ruthlessly self-centered and psychopathic, schemers stop at nothing to deceive, con and steal.

Sante Kimes

Sante Kimes was born in 1934 and soon became a self-trained con artist. Briefly married to Lee Powers, she had a son, Kenny. Many more thefts followed, along with use of numerous aliases. She made her son into a kind of slave; the two became “grifters” “” accomplished at stealing. In 1998 she and her son conned their way into the good graces of Irene Silverman, a wealthy Fifth Avenue widow in New York City. They got her to sign over her property and then killed her, disposing of her body. Kimes is a classic psychopath, and is considered responsible for other murders besides that of Silverman. She and her son are serving life sentences.

15. Cold-Blooded Spree

Murderers who kill multiple people calmly and with a psychopathic motive. Often pathological in their denial of guilt or inability to confront reality.

Charles Manson

Charles Manson was born in 1934 to a troubled family. At a young age, he began stealing, ending up in reformatories then jail and prisons. In his 30s he began to attract a following of waif-like women who were in his thrall. Then in 1969 he had his group invade the home of pregnant actress Sharon Tate, killing her, her unborn baby and four friends. Later they killed Rosemary LaBianca, scrawling “Death to Pigs” in her blood around the house. He received the death penalty, later commuted to a life term in Corcoran Prison in California.

4. PSYCHOPATHS

Fully psychopathic by every modern definition.

16. Vicious Psychopaths

Those who commit multiple vicious acts that may also include murder, rape or mutilation.

Miyazaki Tsutomu

Born in 1962 into a wealthy Japanese family, Miyazaki Tsutomu had a congenital hand defect, such that he was unable to hold his hands palm-up. He was ostracized as a child and began to lurk around young girls, stalking them. In 1989, he kidnapped and murdered four young girls, mutilated their bodies and drank the blood of one victim. When his crimes were discovered, his father committed suicide out of shame. Miyazaki coldly regarded that as “just punishment” for not raising him correctly. He was executed in Tokyo in 2008.

17. The Sexually Perverse

Serial killers with some element of sexual perversion in their crimes. In males, rape is usually the primary motive and killing follows to hide the evidence. Torture is not a primary motive.

Ted Bundy

Ted Bundy was born in 1946, performed well in school and was acutely shy. His sexual homicides began in earnest in 1974, near his alma mater, the University of Washington. He worked his way down to Florida, luring, raping and killing at least 28 girls en route. He escaped from a Colorado prison in 1977, and continued killing until identified and apprehended (thanks to bite marks that matched his teeth) in 1978. He was executed in Florida in 1989.

18. Torturing Murderers

Though psychotic, they do not typically prolong their torture. Murder, not torture, is their primary motivation.

Gary Ridgeway

Gary Ridgeway, a.k.a the “Green River Killer,” grew up in Washington state. He was troubled by his sexual attraction to his mother and of his feelings of lust and humiliation. He’s one of the serial killers showing the famous childhood “triad” of bed-wetting, fire-setting, and animal torture. He began serial killing of prostitutes in earnest after a third divorce in 1982. Some investigators believe he may have killed as many as 90 women, subjecting some to bondage or necrophilia. He’s now serving 48 life sentences plus 480 years.

19. Non-Homicidal Psychopaths

Psychopaths who fall short of murder, yet engage in terrorism, subjugation, intimidation or rape.

Gary Steven Krist

Gary Steven Krist had served prison time for robbery and fraud in three different states before he was 18. Out of prison in 1968 at age 23, he planned a ransom kidnapping. His victim was Barbara Mackle. Krist buried her underground, allowing her to breathe using a tube, while he awaited a $500,000 ransom from her father. She was rescued after 83 hours buried alive. He was sentenced to life in prison, but was paroled and later convicted of importing cocaine into the United States. He’s in a federal prison in Florida, with a planned release in November 2010.

20. Murdering Torturers

Psychotic (legally insane) and primarily motivated by their desire to torture.

Joseph Kallinger

From a young age, Joseph Kallinger’s foster family abused him so severely that at age 6 he suffered a hernia inflicted by his foster father. He was psychotic and schizophrenic, and when he married and had children, he was equally brutal. In 1972 he was held on charges of child abuse but was later released. In 1974, he and his 13-year-old son Michael began to break into houses in Philadelphia, Baltimore and New Jersey, where they terrorized and tortured four families, and then sexually assaulted and killed a 21-year-old nurse. Finally arrested, he was sentenced to life, and then sent to a mental hospital where he died in 1996 at age 59.

21. Pure Torturers

Not all torturers murder. These psychopaths (evaluated to be in touch with reality) are preoccupied with torture “in the extreme,” but never convicted of murder.

Cameron Hooker

Cameron Hooker was born in 1953. As he grew older he read pornography, particularly that which portrayed women being tortured. He married his wife, Janice, in 1975. He fantasized about having his own sex slave and allegedly reached an agreement with his wife that she could have a baby if he could have a sex slave. After the birth of their child, Hooker kidnapped 20-year-old Colleen Stan in 1977 and kept her captive for seven years. She was whipped, strangled, burned, electrically shocked and raped. For much of that time, she was locked inside a box for 23 hours a day. She and Hooker’s wife fled together in 1984. He was convicted and sentenced to 104 years in prison.

22. Psychopathic Torture-Murderers

Defined by a primary motivation to inflict prolonged, diabolical torture. Most in this category are male serial killers.

Jeffrey Dahmer

Born in 1960 in Milwaukee, Jeffrey Dahmer was sexually molested by a neighbor when he was 8. At 10, he was decapitating animals and mounting their heads on stakes in the backyard. At 17 he committed his first murder, a male hitchhiker whom he bludgeoned, strangled, dismembered and buried. After a failed stint in the Army, his serial killing began in earnest in the late 80s, ending up with at least 17 victims “” all males, some homosexual, like Dahmer. Finally arrested in 1991, he was convicted the next year of 15 murders and sentenced to 936 years in prison. In 1994, another inmate at the Columbia Correctional Institution in Wisconsin bludgeoned Dahmer to death with a bar from a weight machine.


Friday, January 02, 2015

The Serial-Burglar Arm Of The Rudy Guede Hoax: Testimony 2009 In Court Provided ZERO Proof

Posted by Peter Quennell



Maria Del Prato in the inner courtyard in Milan from which her pre-school opens off

1. Summary Of The Hoax

To the present day no UK or US media have ever reported properly this key segment of the 2009 trial.

Had they ever done so the now-pervasive notion of Guede as sole perp - lone wolf - would never have gained the ground that it has. UK and US followers would understand why ALL courts said three were at the scene and the breakin was faked. 

2. 2009 Trial Attempts To Incriminate Guede

All the testimony about supposed break-ins by Guede was presented by the defense on 26 July and 27 July 2009.  These were two lackluster half-days for the defense. 

3. Summary Of What It Amounted To

That trial testimony fell far short of providing the numerous Rudy Guede demonizers with all they now claim. Here are the witnesses the defenses called. 

1. Pre-school principal Maria Del Prato

She came across as understanding and fair. Maria Del Prato conceded that Guede probably had a key loaned to him by one of her staff which explained why no break-in charges were lodged.  Milan police did not just let him go, they checked his record with Perugia police (he had none and police knew little or nothing of him) and knew where he was for a possible later charge.

2. Christian Tramontano

Tramontano was a security guard and bouncer. There is a noted tendencies in those occupations to claim acts of bravery which in many cases never happened. This looked to cops like one such instance. His one-page police report filed late said he called the cops; there is no record.

He had claimed someone threatened him in his house in the dark with a knife who he much later said looked like a shot of Guede in the papers.He was never called to court. At a hearing in October 2008 Judge Micheli sharply denounced him in his absence as having made things up and wasted police and court time.

3. Lawyers Matteo Palazzoli and Brocchi

Matteo Palazzoli had first encountered the break-in scene during a Sunday night visit to his office and found his computer gone. He did not elaborate very much, and seemed glad to be gone.

His colleague Lawyer Brocchi who had the least involvement talked the most - but he could be read as pointing a finger away from what he believed really happened for brownie points with the court.

Here courtesy of Miriam’s translations is the key 2009 trial testimony

Click for Post:  Guede Hoax: Translation Of Lawyers Testimony #1 On Breakin Shows No Concrete Connection To Guede

Click for Post:  Guede Hoax: Translation Of Lawyers Testimony #2 On Breakin Shows No Concrete Connection To Guede

4. A Major Unfairness To Guede

We have knocked chips off Guede in the past, but how this testimony (albeit mild) opened the gates to a wave of innuendo was simply unfair. HE WAS NOT EVEN IN COURT.

Neither he nor his lawyers were there to cross-examine the witnesses or call more witnesses of their own and the prosecution did not ask even one question. Nobody asked what legal documents may have been involved.

This has allowed supposition to grow unchallenged, though it looked like a red-herring by the defenses at the time.

5. What Guede’s Team Could Have Brought Out

Note what Guede if his team had been present could have brought out:

1. Nobody in Italy is given precautionary custody simply for possessing several items none of which were reported as stolen which conceivably could have been passed to him by another perp. When those were later proven stolen Guede was charged and he was recently sentenced in Milan to another 16 months.

2. The French window one floor above the ground in the dark around the back would have been easy to break into on a Saturday night according to Matteo Palazzoli by simply climbing up the grill over the French window below and then using the balcony to break through.

This is very far from the supposed scenario for Guede breaking into Filomena’s window

    (1) during Perugia’s late rush-hour on a weekday evening with a lot of cars and people still around,

    (2) under a great deal of light both from the street lights and the carpark lights above,

    (3) bypassing several other much easier entrances all of them in deep dark,

    (4) while leaving no prints and no DNA anywhere outside the window or in the room,

    (5) on a day when as far as he knew all four girls were in town (in fact three of them still were).

3. Zero fingerprints were found in the lawyers’ offices though a great many items had been touched.

4. What appear to be the tools of a habitual burglar were left at the scene.

5. The burglar alarm dial-out had been disabled by someone who knew the special trick to doing that.

6. The copier was switched on and some quantity of copy paper and several USB drives with legal data were gone.

7. A front window had been opened and then not fully closed, seemingly to pass things through to someone waiting with a car.

Payback or warning by a legal opponent? Such things are not unknown. Neither lawyer ever systematically reported a theft to the police. No comprehensive investigation was ever begun.

Paolo Brocchi claimed he didnt even know that one of his cellphones was gone. Matteo Palazzoli never gave the serial number of his computer to the police. Palazzoli could only weakly testify that Guede came by - to say he was not the real thief.

Each seemed embarrassed to be put on the stand by a flailing defense and simply anxious to move on.


Thursday, January 01, 2015

Guede Hoax: Translation Of Lawyers Testimony #2 On Breakin Shows No Concrete Connection To Guede

Posted by Peter Quennell



Exit route was via one of those windows; weeks later, Guede would come knocking at that door.

1. Overview Of The Post

This post provides the translated testimony of lawyer Matteo Palazzoli.

He was the owner of a Sony Vaio computer stolen from his office, which was possibly the same one that Guede was found in possession of. The previous posts on this aspect of the Guede hoax showed:

  • How similar to the back balcony route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices.

  • How the testimony from the lawyer Paolo Briocchi on the office break-in pointed as much away from Rudy Guede as it did toward him.

There will be an overall assessment in the next post.

2. Testimony Of Matteo Palazzoli

Translation of the difficult language here and in previous posts was kindly provided by Miriam. MP stands for Matteo Palazzoli, the lawyer whose office was broken into. GCM stands for Judge Giancarlo Massei. LM stands for Sollecito defense lawyer Luca Maori. MDG stands for Knox defense lawyer Maria Del Grosso.

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

General information: Matteo Palazzoli, born in Umbertide, province of Perugia, October 9 1974, resident of Perugia.

GCM:  Please proceed.

LM:  Lawyer Maori, for the defense of Sollecito.  What is your profession?

MP:  Lawyer.

LM:  Where is your legal office?

MP:  At via del Roscetto no. 3, from Febuary 2007, if I am not mistaken.

LM:  Together with lawyer Brocchi.

MP:  Together with lawyer Brocchi.

LM:  Before you, Lawyer Brocchi told us of this theft you were subject to on the night between the 13th and 14th of October 2007.

MP:  Yes.

LM:  Can you give us information of what happened in that situation?

MP:  I was coming back on Sunday October 14, after being away from Perugia for 2 days, and before coming back”¦ because I live close to the office, I keep the car parked with a subscription at the parking lot of Sant’Antonio [opposite Meredith’s house], therefore I walk down via del Roscetto regularly to return home, which is in via Imbriani [further down the hill behind the law offices]. In these circumstances, I sincerely don’t reacll the reason, I stopped at the office before returning home. I think it was 6:30, 7.00 pm, of Sunday afternoon, I don’t recall the exact time.

I went to the office, and upon entering the office, I noticed right away that something was not right, because to begin with it was October, and it was rather warm, I remember, and strangely the heaters were turned on and it was rather hot inside the office. The heaters were turned on and I immediately noticed upon turning on the light that the bathroom light was on, the restroom of the office. At that moment I didn’t notice anything else.

Then I turned my head to the right in respect to the office entrance , and I immediately noticed my jacket, a black jacket, and a jacket of Lawyer Brocchi’s laid out on the floor. Honestly I asked myself the reason for this. I went to the French window of the office that gives out to an inner courtyard of the building, and opening the inner shutters, I noticed the glass had been broken, and that the jackets had probably been laid on the floor to cover the broken glass.

At this point I ran to my office, that is in front of Lawyer Brocchi’s , and I immediately noticed, cautiously, that the only thing that was missing”¦ besides the binders being completely opened, and the dossiers, in there turn, also were opened with papers strewn throughout the office, I noticed that my computer was no longer there, it was not where it should have been, and that the window of my office that gives out to via del Roscetto [a window in the image at top] that at first glance appeared to be closed, in reality was open. Therefore, it had been reclosed but not completely closed, probably,  don’t know why.. whoever entered, exited through my window, not closing it completely on the way out, I honestly don’t know the reason.

I did another round of the legal office, and I noticed again upon entering the restroom, the light on in the restroom. I went into the office of Lawyer Brocchi, and I remember that inside his office, on the desk of Lawyer Brocchi, there was a suitcase of his and on top were positioned, with a certain precision, certain objects, that I seem to remember were screwdrivers, I am frankly not sure if there were screwdrivers.

After having gone into Lawyer Brocchi’s office I turned and went into the waiting room that is there close to the conference room, and I noticed that there was a small pile of glass, that I don’t know where it came from, because the window of the waiting room”¦ that is, no other window, if I remember correctly,  of the office was broken, in the office the only window that had been broken was the French window that gives onto the inner courtyard.

The window of the waiting room had not been broken and yet still, there was this small pile of glass, furthermore well arranged, in the waiting room. The copying machine was turned on, I don’t know for what reason,  several reams of paper of the copying machine were missing.

LM:  The person who entered had drunk beverages that were in the legal office?

MP:  Yes, I remember that it was a bottle of orange drink, if I am not in error, it was left in the waiting room.

LM:  Listen, you spoke of this computer that was taken on this occasion. Can you tell us what type of computer it was?

MP:  It was a Vaio, the outside cover was white. The distinctive trait is that differently”¦ the distinctive feature of that computer is that it has a 16:9 screen that is high resolution.

LM:  It’s a Sony.

MP:  It is a Sony Vaio, that is a brand of Sony. It has a particular graphics, it is only one of a few computer that doesn’t change the type of color depending on how one roatates the screen. It was a laptop, in any case.

LM:  This laptop did you have any news of where it was”¦ was it ever found? Was it given back to you?

MP:  In these days I have had ways to reconstruct, in my mind, the events and the only thing I have not had a way to”¦ it happened in the succeeding days, I don’t remember exactly when, that while I was coming back from a client outside the legal office, Lawyer Brocchi called me to tell me that the police or carabinieri called from Milan saying that they had found our things, commenting: “you are always lucky, you lose everything, they steal everything, but you always recover everything”, “Okay”, I said.

I arrived back at the office and he told me about the call in detail, that it was”¦ the police station, I sincerely don’t remember, of Milan anyway, they had called and they had found us because on the cellphone of Lawyer Brocchi”¦ which in the immediacy of the event, we had not noticed had been taken because it was an out of commission cellphone and not used by Lawyer Brocchi, thus probably he did not remember in the immediacy of the event it had been taken, he did not realize at that moment.

Opening the cellphone, the message, if I am not in error,  “welcome Lawyer Brocchi” had appeared. Thus they were able to find us, and substantially tell Lawyer Brocchi that they had found his cellphone and my computer. Now, I said before, in these days before today’s judicial hearing I was able to gather my thoughts and furthermore I was never able to verify that the cellphone [note: he presumably means his laptop] that was found was effectively mine, because when Lawyer Brocchi and I went to the police station of Perugia to do the report, I did not have at hand, because my accountant had not given it to me, the invoice that indicated the specific model of the commuter. Thus, today I would not be able to say, if not”¦

LM:  Anyway the computer was not given back to you?

MP:  No.

LM:  Before you spoke of this telephone call by the Milan police station.

MP:  Made to Lawyer Brocchi.

LM:  Do you know if those [investigators] attached to the police station in Milan had discovered the perpetrator of the theft?

MP:  I sincerely don’t know, they certainly did not tell us. That is, we were told only that our things had been found, or rather, Lawyer Brocchi related to me that the police station of Milan had told him that the things we reported stolen had been found.

LM:  Lawyer, do you know Rudy Hermann Guede?

MP:  No.

LM:  Have you heard of him?

MP:  I have heard of him in relation to the renowned incident of this proceeding.

LM: Do you know that Hermann Rudy Guede was found by the police station of Milan, a few days before these matters, with your computer?

MP:  I don’t know that he was found with”¦ or rather, at the time that Lawyer Brocchi related to me that the police station of Milan had called him, the police station did not specify the individual that was found with the computer. I think that in that circumstance they had specified that it was found on a boy that was committing a similar crime, if I am not in error, in a kindergarten in Milan.

LM:  Was it related to you by your assistant Doctor Morini, I believe that is his name, and by Lawyer Brocchi of an encounter that took place on October 29 with this Rudy Guede?

MP:  Yes, it was related”¦ somehow in this case”¦when these things happen, unfortunately I am never there.

LM:  You were not present, it was only related to you.

MP:  It was related to me that a boy had come to the legal office, and a conversation had intervened between”¦

LM:  What kind of boy?

MP:  A colored boy, I gathered, had come to the legal office and held a conversation with Doctor Morini and probably even with Lawyer Brocchi, and declared himself absolutely extraneous to the matter and declared that he bought my computer legally , if I am not in error at the train station of Milan, I sincerely don’t know. This was related to me by my colleagues.

LM:  In any case, you exclude having had your computer returned?

MP:  No, absolutely.

LM:  That, by your knowledge, is in Perugia?

MP:  I think I remember having done a request of release [to Milan] that unfortunately was rejected.

LM:  If you do it here in Perugia, probably you will have a better result. Another question, before you spoke of the fact that when you entered the legal office on the evening of October 14th you saw lights on. The light that was on, where was it situated?

MP:  At the instant I entered the legal office, it was dark obviously, inside the office, and I had not yet turned on the light, I noticed the shining of the bathroom light on.

LM:  Had the bathroom been used?

MP:  The bathroom”¦ honestly this I can’t tell you, that is I can’t know if it was used, from evident signs I think not, but, that is a simple supposition on my part , that does not have much value.

LM:  Thank you.

GCM:  There were no signs of it having been used.

MP:  Yes, no signs of use, no odor.

GCM:  This is what the lawyer was asking. Other questions? For the prosecution? There are no questions. Excuse me, probably just a peculiarity, the window that was broken, if you can give us a description? Are there inner shutters, outer shutters?

MP:  It is a French window that gives out to a small terrace that overlooks an inner courtyard of the building, and below our window, right in alignment, there is a door covered with a metal mesh, so much so that we supposed that whoever entered inside the legal office, one of the possible hypothesis, climbed that metal mesh, because it is a mesh, with squares not more than fifteen centimeters, thus perfectly usable for this purpose. It is a French window that has inner shutters. It doesn’t have”¦I don’t remember, I think it has”¦ because there was a period when our legal office, for reasons of restoration, eliminated all the outer shutters. So I don’t remember if in that moment it had or not the outer shutters, I think not, but I would say something I don’t remember exactly.

GCM:  I also wanted to ask you, there were only the two jackets on the glass? Where there other items of clothing that indicated a search in wardrobes, or only these two jackets? 

MP:  Honestly I would not be able to remember.

GCM:  You remember of these two jackets, that one was yours.

MP:  Yes because I don’t think there were other clothingsd in the office. I don’t remember if there were others”¦ besides the toga of Lawyer Brocchi, but it was left”¦

GCM:  I wanted to ask you, these jackets where [normally] were they? On a coat rack?

MP:  They were on a coat rack that is to the right of the entrance to the legal office, they were on a coat rack, a bluish jacket of Lawyer”¦

GCM:  Not in a wardrobe?

MP:  No, no, not in a wardrobe, on a coatrack.

GCM:  A coatrack.

MP:  A coatrack, yes.

GCM:  I also wanted to ask you, you spoke of a small pile of glass.

MP:  Yes.

GCM:  That is, what was it, a small gathered pile or scattered?

MP:  A small gathered pile of glass.

GCM:  Purposely put there?

MP:  I don’t know that.

GCM:  A little gathered pile, not scattered..

MP:  Not scattered glass as the ones”¦

GCM:  Not scattered glass but a small pile.

MP:  A small pile of glass.

GCM:  Originating from the broken window?

MP:  Probably yes even because there was no other broken window if not that one and there were no other bottle or other things inside the legal office.

GCM:  The computer, can you describe it? Seen as you said: “you gathered your thoughts” you remember something”¦

MP:  If I can see it, I will be able to say if it is mine..

GCM:  It’s not that the invoice has”¦

MP:  No, my computer is a Sony Vaio with a white cover, but the model is not”¦

GCM:  Okay.

LM:  With regard to the question by the President”¦

GCM:  Please proceed.

LM:  In connection to the glass, the glass of the broken window, was this glass scattered?

MP:  In part scattered, I gather, seeing as there weren’t others”¦that the others clustered inside the waiting room were from that glass, but not”¦

LM:  So there was glass scattered both inside the room where the window was broken, and in adjacent rooms?

MP:  Let’s agree that the scattered glass, covered by the jackets, was in the corridor that leads to the administrative office, which is to the right of the entrance and is in front of the French window from where the individuals had”¦

LM:  So, in conclusion, there was a scattering of glass”¦

MP:  Yes.

LM:  “¦ let’s say with enough range”¦

MP:  More than where the jackets were located.

LM:  Thank you.

MDG:  May I, President, just one question?

GCM:  Yes, please proceed, Lawyer.

MDG:  Do you remember if you had inserted a password on your computer.

GCM:  Okay, maybe the last questions, on the computer.

MDG:  On the computer model, President.

MP:  No.

MDG:  It was not inserted?

MP:  No.

MDG:  Thank you.

GCM:  The witness is excused.

There are no other questions; the witness is dismissed.

 


Friday, December 26, 2014

Guede Hoax: Translation Of Lawyers Testimony #1 On Breakin Shows No Concrete Connection To Guede

Posted by Peter Quennell



Christmas in Milan where Rudy had an ambiguous encounter in a pre-school in October 2007


Our previous post showed the giant scale and surreal flavor, and the hard facts left out of the innuendo, of the crackpots of the Knox-Mellas campaign.

Innuendo will get them precisely nowhere. All the courts that have processed the case have warned about this, except for the hapless Judge Hellmann’s, and in March 2013 Cassation was especially sharp in warning that unless there is EVIDENCE to the contrary the hard facts presented to the panels of judges must be respected.

For evidentiary reasons exclusively, Rudy Guede has never been charged with breaking and entering. Guede got no breaks, ever, contrary to myriad claims.

The one questionable location where he was found was the nursery school in Milan. As he apparently used a key from one of the staff, any breakin trial would have been dead on arrival. No law required that he be detained. (He was however later charged with being in possession of stolen property,  and just a few days ago his sentence was extended by 16 months.)

The previous post in this series showed how similar to the BACK BALCONY route to a forced break-in of Meredith’s house was the supposed route into the Perugia lawyers’ offices. It had nothing in common with Filomena’s window, contrary to myriad claims.

This post and the next in this series show how the evidentiary proof that it was Guede (and not someone with a grudge or a trial opponent) who broke into the Perugia lawyers’ office is ambiguous and contradictory. Some signs point away from Guede, not least that photocopies apparently made of legal documentation (the copier was on and copy paper missing) would have required the use of a car.

This post is on the testimony of the lawyer Brocchi (owner of the cellphone) and the third post is on the testimony of the lawyer Palazolli (owner of the Sony Vaio computer). Brocchi was quite talkative, despite his minor role, and so we will hold our highlights and interpretation for the next post.

The extensive translation of the difficult language here and in the post still to come was kindly provided by Miriam.

The witness, admonished pursuant to Article 497 of the Criminal Procedure Code, reads the oath.

General Information: Paolo Brocchi born in Rome, March 2, 1968

GCM: Please proceed.

LM:  Good Morning, lawyer Maori, for the defense of Sollecito.

PB: Good morning.

LM: It is an unnecessary question, but I must ask it. The first question is this: what profession do you hold?

PB: Lawyer.

LM: Where is your legal office?

PB: In via del Roscetto no.3 in Perugia.

LM: Did your office undergo a burglary in 2007, in October 2007?

PB: Yes.

LM: Can you tell us how this burglary took place, how the thieves got in, and what was taken?

PB: Certainly, the burglary was discovered by my colleague lawyer Palazzoli, the owner of the office, he told me about it on a Sunday afternoon, because the theft took place….. It was done between the night of 13th and 14th of October 2007, a night between Saturday and Sunday. The burglary was discovered by my colleague, the lawyer Palazzoli, on Sunday afternoon, because he entered the office to look for a professional file, and upon entering he discovered the burglary. The person or persons that entered inside the office, from what we were able to reconstruct together with members of the Squadra Mobile that intervened for us at the office, they entered through a window situated in the secretary’s office that was subjected to broken glass, the glass of this window was broken with the aid of a piece of porphyry, a big rock that we found there at the spot. The window was broken, then these persons or person turned the handle. The glass clearly was spread everywhere, because it was a rather thick glass. After which, on top of these pieces of glass we found our clothes. For the most part the glass was scattered on the floor and on top of the glass were our jackets, mine and my colleague’s Palazzoli, that had been hanging on the clothes hanger in the corridor right in front of the window.

LM: Excuse me if I interrupt you, to reconstruct the dynamics of the event exactly . It would seem   that the 13th of October was a Saturday.

PB:  From what I remember, yes.

LM: Your colleague had remained in the office until….........

PB: No, I stayed in the office. Saturday I remained in the office because I had a client on Saturday   afternoon, that was something anomalous, but it was for an urgent discussion. I called for a meeting that Saturday morning, then he arrived in the afternoon, and I left the office at 8.30 pm that Saturday.

LM: 8.30 pm that Saturday and after, the following Sunday, the evening…...

PB: The day after, Sunday, I was called on the telephone by lawyer Palazzoli, who told me “Look somebody came into the office, I have already called the Carabinieri”, who then because of the jurisdiction of the old town center, as we found out, alerted the Squadra Mobile of the State Police.

LM: Does your office have an alarm?

PB:  The office was fitted out with an alarm, but that evening it was not activated, because, as I reconstruct the event, it had just been installed. That evening I left at 8.30 pm. I remember perfectly that I did not activate the alarm system. The strange thing that I can highlight in connection here is that I noticed the alarm system the next day, when we entered, was not damaged, the bright light was functioning even if it was dis-activated, and the person or persons that entered did not damage the alarm, they only dis-activated the telephonic combination, thus with this they manifested a minimum confidence, a certain competence in the subject matter of alarms, of electronics, because to dis-activate a telephonic combination without damaging the alarm, I would not be capable, even being the owner, thus I would not have this competence.

LM:  One other thing. You spoke then about a window that “¦..

PB:  Yes, apparently

LM:  Was that the only break in?

BB:  Yes

LM:  Is it a window that gives onto the main street or onto a private court yard?

PB:  No, this window gives out to a private court yard that is than protected from the public street by an exterior gate. So it is probable…. I don’t know if can be possible…. because close to that window there are other windows of other apartments, there are… there is a window that is about one meter from the balcony of my office, so everything is possible. But this person or persons if they came from the public street would have to open a gate that gives on private property and then, with the help of I don’t know which tools, climb up for three, four meters on a vertical wall to then arrive to the terrace ,where was located my office, where it is still located, first up to this window and then through this window enter inside my office, if this was the way in.

LM:  However this break in took place in this window, three/four meters high.

PB:  More or less

LM:  Did you find a ladder close by?

PB:  No

LM:  Did you find other tools?

PB:  No. I remember that we inspected with the Squadra Mobile crew. I should say that the property below us has a door, an armored mesh and a particularly able person could have climbed up. Could have, I don’t know, this is just an assumption.

LM:  Anyhow it was not easy to climb up.

PB:  Absolutely not.

LM:  Before, you spoke about this rock, this porphyry..

PB:  Yes

LM:  Where was it found, inside or outside?

PB:  Strangely, right on the little terrace, evidently the person or persons that entered with the help of this very heavy porphyry because a double glass had to be broken, it was not a thin glass, but it was that type of glass utilized mainly for thermal insulation, certainly not for security reasons, evidently it needed a heavy impact in order to somehow succeed in the intent, otherwise a small piece of rock would evidently have been sufficient.

LM:  What was taken from inside the office?

PB:  So, at first we noticed that the office was in a state of general disarray : all the archive was turned upside down, all the files of the offices were piled up in a heap. But from the first inventory that we did there at the moment, this was missing: a new computer belonging to the lawyer Palazzoli, a note book the brand of which I absolutely do not remember [actually a Sony], a USB flash drive used to save data, a portable Canon printer which was mine, and then a few days later, when I was contacted by a crew of the Police of Milan, agent Spesi Rita, I realized that they had also stolen a cell phone, that anyhow was not working properly, that furthermore was included in the process of investigation (SDI) of the Police Force. Therefore there was also this cell phone, that beforehad I had quit using and didn’t even remember about, that was in the drawer of my desk.

LM:  Lawyer, were money and checks stolen too?

PB: No, there were none.

LM: On this I have to challenge, that you on the complaint of the burglary indicated also checks from the Banca delle Marche [were stolen].

PB: No I will explain the reasoning. Those checks at the first moment appeared to us not present. There was a block that was finished, but then after checking with the bank, those checks had been annulled, so in reality they hadn’t been stolen. The verification that we did at the bank the Monday after, highlighted that I had annulled those checks and the bank had trace of it, so nobody took anything.

LM:  Another thing before speaking of the recovery of the computer, you told us of the small havoc done inside your office.

PB:  Yes.

LM:  You spoke of the ransacking, in addition to, as you said before, of the broken glass with your clothes on top. Was also the photo-copy machine utilized?

PB:  I am not able to say that. It was easily usable because it was not code protected, but this I am not able to…

LM:  Did they turn on the heating?

PB:  Yes, when we entered the heating system was on, as matter of fact there was a torrid temperature inside the office, because it remained on, I think, more than 24 hours, in a month, October, that was not particularly cold. Furthermore I noticed that this person or persons that entered inside my office even made use of drinks that were in a cabinet, leaving…. they even opened the cabinet of the first aid meticulously looking for everything that was inside, but more than anything else disinfectants and blood pressure gauge, this type of things, but they really did an accurate selection of the material present inside the first aid cabinet.

LM: Returning to the computer, the property of…..

PB: Of the lawyer Palazzoli, yes.

LM: Was it discovered at a later date?

PB: Well, we never saw it. I say, that the 27th of October 2007, around noon, it was a Saturday, I was in the office in a anomalous way because generally I had the first 3 hours at school and the last 3 hours are normally always….. making 6 hours Saturday morning. But that morning I left early and I was in the office. A telephone call came in on the land line, a call from the police station Venezia Garibaldi from the Milan Police, the agent Rita Spesi, who told me that they had found an individual, of whom I was not given general information, nor the gender, I was only told that certain goods were on this individual, that if I remember correctly they were found inside a kindergarten, a school, an institute of learning, and in this instance, among goods that were in possession of this individual or better held by this individual, this person also had this cellphone. Turning it on, my name appeared, and from here the police officer by way of a search of the SDI system of investigation, saw my complaint of theft of October 15th 2007, and so she asked me if proveably those goods were my property.

LM:  Therefore the telephone and computer?

PB:  Telephone without doubt, the computer was described to me, it was not mine, I manifested doubts in the sense that…... well I had never seen it, or used it, because it was my colleague’s, who had just bought it, a short time ago he had just bought it. On the computer I manifested doubts. On the telephone, on the telephone however by way of the names of the address menu, the clients and friends of mine, I was able to confirm with certainty that at least my SIM card was on that phone.

LM:  It is a Sony model…..no excuse me…..

PB: No, the telephone is a Nokia.

LM: It is a Nokia, model 6310.

PB: Nokia, for sure, the model now not….....

LM: Like this one, so to….....

PB: Yes, exactly.

LM: 6310.

PB: It is the same color, if I remember correctly.

LM: However this is not yours, it is mine.

PB: No, fine.

LM:  Was the name of the person that was stopped given to you by agent Rita Spessi?

PB:  No, absolutely not.

LM:  Did you then find out the name of this person?

PB:  No, this happened on October 27th when the police officer calls me. All ends with this telephone call in which I stated I recognized at least the cell phone. On October 29th, a Monday afternoon I am in the office and on the phone with some clients. October 29th, I may be mistaken, but I believe I mentally reconstructed the facts in this way, I did not take notes, I must be honest. October 29th my attention - I was on the phone - my attention was drawn by a commotion in the lobby, the common reception area outside the office. I hear voices in the corridor, I am still on the phone, afterward I get closer to see that an assistant of the office, Dott. Luciano Morini, is speaking with someone. Before I can realize what is happening, he tells me “Look Paolo, here is a person that says that he was found with merchandise, goods, objects that were reported stolen by you and your colleague Palazzoli, but that he bought them in Milan close to the train station in central Milan”. At which I go to the corridor and I see, at the entrance of the lobby, a colored person that has a basketball in his hands and is dressed in sport clothes. These things surprised me, because we were at the end of October and it was kind of cold, it struck me quite a bit seeing this person in sport clothes, a tank top like those used by basketball players, and a basketball. I recognized the basketball because I played basketball for twenty years, so I know how to recognize one.  At that point I say: “Look I don’t know who you are”, he answered: “I don’t know who you are either”, I replied: ” Look we are only interested in having our belongings returned” and that was all. At that point I went back to the office. I don’t know if the person stayed in front of the office, and anyhow I close the door and there it ended. A few weeks later, may be a month later, I’m not sure, some time later I see on the newspapers photographs of a person that was associated with the matters of this proceeding, from which I recognized the person that presented himself that afternoon on October 29th, before the matters that brought to this proceeding, at the office to say that, yes he was found at that location in Milan by the crew of the Squadra Mobile, of the police station Venezia Garibaldi, that he did not…. tell me but tell to my colleague Morini, that he did not take anything from anybody but those things he obtained by purchasing them.

LM:  Who is this person? Can you give us a name and surname?

PB: Doctor Luciano Morini that…....

LM: No, no, I say…....you told us of your assistant. You said that this colored person that you did not know, that you saw for the first time October 29th 2007, then at a later stage had the means to see by the newspaper who it was.

PB: Yes.

LM:  Can you give us the name and surname of this person?

PB: I believe that I recognized in that person this Mr. Rudy Hermann Guede, that is not a defendant   in this proceeding, but is involved in the other one…..

LM: Always in reference to October 29th , at the moment this person came to your studio, you said : “This person arrived , and spoke with my colleague Morini”.

PB:  Yes.

LM: And he told you: “I do not know you”. These are the exact words that you said before?

PB: When I was on the landing, I said….....

LM: That which Guede said to you.

PB: That which I said to him, because I spoke first and said: “Look I do not know who you are”. He responds: ” I don’t know who you are either”, furthermore in a perfect Italian, with a Perugian accent, something that surprised me, because been a person”¦”¦ but everything is possible. To which I told him, “look let’s cut it short we are not interested. We are only interested in getting our goods back “, end.

LM:  But naturally you knew the subject of the discussion between”¦.

PB:  Because a moment before Dr. Morini related to me “look there is a person outside that says that he bought goods that you and your colleague reported stolen, he bought them in Milan”.

LM:  One last thing. Concerning the computer of your colleague Pazzoli, do you remember the brand, the model?

PB:  No, I’m not able to answer.

LM:  Thank you.

GCM:  Please proceed.

LG:  Excuse me Lawyer Brocchi, I am Ghirga. Your office is on which street?

PB:  Via del Roscetto, 3.

LG:  First”¦. You already told us the height, can you repeat it?

PB:  The office is on a raised floor, technically, it is not a first floor, is a raised ground floor, that means that from the entrance of the building you go up ten steps to enter the condominium, then on the left end side there is the entrance to the office.

LG:  An what about this terrace window?

PB:  It is on the other side of the building.

LG:  From the outside how much can it”¦

PB:  Let’s say that are a few meters, may be three, four, but I am not able “¦..because I never measured it.

LG:  But you were speaking of an access from another street that intersects Via del Roscetto?

PB:  Exactly there is an intersection, Via del Lupo, going downhill.

LG:  Via del Lupo

PB:  Via del Lupo, if I remember correctly, it goes down till you reach a dead end, it comes to a courtyard behind the building and then there is another courtyard that is private property enclosed by a gate. If these person or persons entered through here they would have had to open that gate to get inside to what I described before to get into the office.

LG:  Thank you, I wanted to clarify that.

GCM:  Mr. Prosecutor, please proceed.

PM:  (unintelligible - no microphone) ?

PB:  In effect I don’t know. Seeing as I was alerted to these happenings by agent Rita Spessi of the police station Venezia Garibaldi, sometime later, together with my colleague, we filed an application for the repossession of these goods at the central penal record office of the Procura di Milano, via Manara. After 24 hours an agent, an operator, or a clerk of the central penal record office, calls me on the telephone and tells me: “Look, Lawyer, we saw the application of release, but to us form 21, does not result in any procedure”. To which I said: “How can it be that no form 21 procedure shows up ? The agents would have done a CNR, or not? At least by the end of their duty, having found a person in possession of stolen goods should have reported”¦”, “Look , there are no results of this procedure”

PM:  (unintelligible - no microphone) ?

PB:  Form 21, subject known, in the sense that in the Procura della Repubblica there are various forms, 21, 45, 44, relative documents, etc.

PM:  (unintelligible - no microphone) ?

PB:  No, I looked for it as a form 21, but even then they”¦..I even asked: “Be patient, I will look for it on the other forms”, to which he said: “We cannot find it”. Given that some time had passed this caused me some surprise. That’s it.

PM:  But they notified you (unintelligible - no microphone) ?

PB:  No, never.

PM:  So then this procedure in any case is not a charge (inaudible - outside the microphone)?

PB:  This I don’t know. I only say that the application of release, I filed it, and that the central penal record office of the Procura called telling me that they could not find the application filed by me and my colleague as the offended parties and no other relative documents regarding this procedure.

PM:  When did this happen?

PB:  2008, last year in the spring, months and months after”¦..

PM:  Did you by any chance verify if there was (unintelligible audible-outside the microphone)?

PB:  No, no.

PM:  (unintelligible - no microphone) ?

LM:  I oppose this question by the Public Prosecutor because I would like to make it known to the court that we know that there is a penal proceeding, the Public Prosecutor D’Amico in Milan even has it. We asked for the acquisition, and we have right here”¦”¦

GCM:  Excuse me lawyer, what is the motive for your opposition?

LM:  Because the Public Prosecutor is asking if there is a penal proceeding, when in reality”¦”¦

GMC:  Excuse me Lawyer, but the Public prosecutor is asking questions to the witness on what he knows. That if evidences comes out from other sources, they will be acquired. The objection is rejected. Please Public Prosecutor.

PM:  (unintelligible - no microphone) ?

PB:  Yes, it is a palace of the 15 century

PM:  Do you know, by chance, which was the path (unintelligible ““ no microphone)?

PB:  I can presume it, having found the glasses in the inside, that”¦.

Note: in this moment the PM microphone is turned on

PM:  Therefore before I could not be heard.

GCM:  The answers have been”¦

PM:  The answers were”¦

GCM:  Yes.

PM:  I understand.

GCM:  The other questions”¦ excuse me, the Public Prosecutor was asking if something to you results”¦

PM:  If there is a proceeding, and you say there is not one.

PB:  No, I don’t say there isn’t one, It does not result from me because the the central penal record office of the Procura di Milan, calling me on the telephone, referred to me the day after, that up to that date there was no registration. Now, everything is possible, that they it registered it later, I don’t know.

PM:  You did not have any news, in any case”¦

PB:  Never, never.

PM:  Did you receive an extension of the investigation?

PB:  Never, never.

PM:  Let’s go back to the position of this”¦ then this office is on the ground floor”¦

PB:  Raised ground floor.

PM:  “¦ raised ground floor. From what point do you arrive?

PB:  On via della Roscetto there are 2 windows on the raised ground floor, on the street front, that are the rooms of my colleague Palazzoli and mine. Then there are”¦

PM:  What is the distance from the ground?

PB:  From via della Roscetto it is minimum 3 meters, yes 3 meters, because I am tall”¦ well it’s 2 or 3 meters. Then going down via del Lupo, there is a slope, until this public courtyard, because via del Lupo is a dead end. Thereafter, from this side the height increases, let’s say, it increases slightly after this small slope, therefore the ground goes up and there is an internal court yard that is accessible from the public courtyard through an iron gate. Going through this gate you arrive at this private courtyard, than there is an armored door with a mesh, so that one with the mesh is on the ground floor, looking up you see this balcony, this little terrace that is outside is my office, that is situated “¦.. more than three meters, between three and four meters from ground level.

PM:  So, this door with the mesh is a door and not a window.

PB:  No, it is a door

PM:  Therefore all the way to the ground.

PB:  Yes

PM:  How high is it?

PB:  More than two meters for sure.

PM:  So after this door, there is another meter to arrive”¦ or a meter and a half, two meters?

PB:  I presume at least another meter.

PM:  Another meter to arrive to the balcony.

PB:  At least.

PM:  Where was the porphyry rock found?

PB:  On the balcony, on the outside.

PM:  You said that inside “¦ can you describe what you found? How was the”¦..

PB:  The situation.

PM:  So the rock was outside.

PB:  The rock was outside, the glass was inside, the glass of the window in part on the corridor and they were covered with our clothes, mine and those of Lawyer Palazzoli, placed right on top of the glass.

PM:  They were on top of the glass.

PB:  On top of the glass, and the thing surprised us, “maybe” we said “to not make noise passing over them”, I don’t know, it is only a supposition. After which they were in the room of the photocopier other pieces of fragments of glass always coming from that window, the only one broken, they were situated on a small rug that was right in front of a workplace, a computer. Then right in front of this there were drinks, real close, open, partially consumed. Then we went into the other room, where the filing cabinet is, it was completely turned upside down. All the drawers were open, all the files were taken and the papers all mixed up on the floor, there were a mountain of paper, an entire archive practically mixed up, that many things we were never able to find, some later, some first, others later. Therefore this was the situation. Then inside my room, on my desk, there was a leather suitcase belonging to me, on top of this suitcase in a very orderly way were placed some screwdrivers, pliers, a hammer, facing the window, all perfectly aligned and facing the window. Even here all the papers in disarray. A chest of drawers was opened, inside were files, all the records of the law practice funds, all the annual quotas of the inscriptions, all things that we found eventually with a lot of effort, mixed one on top of the other. Even here was another filing cabinet of my dossiers that was opened and all the papers mixed up. Then inside of the administrative office there were, there are all the folders with the contracts of the intensity bills, with the deed to the office, all upside down. There was the placement of the [printer] that was”¦ let’s say there had been activity, because we found receipts scattered close to the machine, so there had been”¦at the least this person or persons had gone to satisfy themselves of what that instrument was. This was”¦

PM:  Listen, was the cell phone given back to you?

PB:  No, I asked for the release, I deposited “¦

PM:  So it is in possession of the police or the procura?

PB:  Office of the body of evidence, I presume.

PM:  Fine. I don’t have any other questions.

GCM:  Questions from the civil parties? None, President. The defense can complete it’s questioning.

LM:  I would like to deposit a record that naturally is in the dossier of the Public Prosecutor and on the basis of this record then ask questions of the witness.

GCM:  Maybe put this record at”¦

LM:  It’s about.. this can be useful to the lawyer because the number of the penal procedure that charges Rudy Guede is indicated and a warning effected on February 1, 2008 by the Procuratore della Repubblica, the assistant D’Amico, that is carrying out the investigation with regard on Rudy Guede for the crime of theft, receiving stolen good, and for the crime of carrying an illegal weapon, law 110 of ‘75. This information was also given to the Procura della Repubblica of Peruga, to Dr Mignini, with communication via fax.

PB:  When was the procedure registered? Ah excuse me,I can’t”¦

GCM:  Let’s see the document. So the parties have seen this document?

LM:  There is an error in the writing of Dr Mignini (“Dr Minnini”) but it can be understood that it is his fax and and it was even addressed “¦

GCM:  Even the defense of Knox knows this”¦?

LG:  (unintelligible no microphone) ?

GCM:  The question in relation to this document?

LM:  The question is this, Doctor D’ Amico makes aware that all of the confiscated material and thus the computer and the Nokia cell phone, had already on the date of February 1, 2008, prior to February 1, 2008, been passed on to the police station of Perugia.

PB:  So it is in Perugia.

LM:  The question is this, I would like to know, did you request in the first days of the year 2008 to the police station the return of”¦

PB:  No, I did so to the Procura di Milan, believing that it was held in the body of evidence of the Procura di Milano, because those people told me they were found in Milan and that it was probable evidence of a criminal activity. Therefore, I thought to make a request of release to the Procura di Milano.

LM:  Reading the letter sent by Dr D’ Amico , for the Procura di Perugia, both the computer and the cell phone are indicated. Can you recognize the computer, property of your colleague?

PB:  I say that the cell phone without doubt was a Nokia; the 27th of October 2007 is true because it was Saturday; the Sony Vaio I cannot be certain of the brand, because I absolutely don’t remember it, because it was not even mine, , therefore I don’t know. The attempted aggravated theft, 56, 624, 625, 648”¦

GCM:  Only on the objects.

PB:  Yes. No, the objects”¦ I can only say about the cell phone.

GCM:  So only the cell phone.

LM:  I ask for the acquisition so as to demonstrate that, indeed, there is a penal proceeding.

GCM:  Agreed. Other questions?

PB:  So it is pending in Milan. The strange thing that I can say to the president is this”¦  I see that it includes the form 21/2007. So I don’t understand why the Penal Central Record Office told me that it was not pending”¦

GCM:  Excuse me layer, let’s go back to the testimonial questioning, therefore on the circumstantial facts.

LM:  Let’s go back to the reconstruction of the entry path in your office by the thief. To the question by the Public prosecutor you explained, as you explained to me, that this window is at the height of about 3/4meters from the ground floor.

PB:  From via del Lupo, yes

LM:  Then you refer to a door, an iron door which is close”¦

PB:  Yes, I confirm.

LM:  And this iron door at what distance is from the window?

PB:  It is perpendicular just under the window.

LM:  So therefore there were, let’s say, coarseness on this door that could allow an eventual”¦

PB:  A fit person, not I; a fit person, not someone like me, could have climbed up with the risk of plummeting to the ground, because there is clearly no protection, there is nothing but a vertical wall.

LM:  I do understand. One last thing, the window from which the thieves entered as you indicated, is higher than the other windows?

PB:  No, because the office is on the same level and it is exactly”¦you mean compared to the office or as per the window height?

LM:  Compared to the street level and the other windows.

PB:  No, at this point, when you get to little terrace you are practically at the level of the other windows.

LM:  One last thing, when that man on the 29th of October that man, Rudy Guede, came to your office”¦

PB:  No, not in the office, he was on”¦

LM:  On the landing?

PB:  Not even, he was in the entrance”¦ on the steps between the street and the entrance of the office”¦part of the lobby. He did not enter the office.

LM:  His intention was to come inside the office, to come to you?

PB:  I don’t know. As a matter of fact he didn’t know who I was, because, when he rang he rang on Legal Office, because evidently somebody had told him that those goods had been”¦ but I repeat, I did not speak with him, therefore no”¦ they are all things told to me by Dott. Morini, so they are not of my direct knowledge.

LM:  Thank you.

GCM:  When did this take place?

PB:  This happened Monday afternoon around 5, late afternoon on October 29th 2007

GCM:  So how many days after the theft?

PB:  The theft was October 13th, this on the 29th .

GCM:  If there no other question the witness is excused.

There are no other questions; the witness is dismissed.

GCM:  The communication from the Procura della Repubblica, Tribunale Ordinario of Milano dated the 1st of February 2008 is acquired in order to be used. Who is next?

LM:  Lawyer Palazzoli



Tuesday, December 23, 2014

Calling Planet Knox: Maybe Chris Mellas And Bruce Fischer Need To Rein In Their Crackpot Brigade

Posted by Peter Quennell





Above is Chris Mellas with Curt Knox, who we are told maybe thinks the way-too-rabid Mellases now damage the prospects of Knox. 

Here is some chest-thumping babble on the reliably dishonest website GroundReport by one of Chris Mellas’s crackpot gang, the singularly foolish crackpot Jay.

Today I examine the role of the Italian judiciary in the framing of Amanda Knox and Raffaelle Sollecito for the murder of Meredith Kercher, the skillful way Giuliano Mignini used the Italian media to hold the entire judiciary hostage to his career ambitions, and why I believe the Italian judiciary may finally be ready to fully exonerate Amanda and Raffaelle of any involvement in the murder of Ms Kercher.

This case has been out of the hands of Dr Mignini for over five years - if it ever was fully in his hands. He initially took a decidedly mild stance against Knox, who he thought, through drugs and mental problems, had got in over her head and Meredith’s death was not planned.

In fact from the day after Knox’s arrest the no-nonsense Judge Matteini and Judge Ricciarelli led the case all the way to trial. They got all their information directly from THE POLICE. In light of hard evidence and a psychological report they insisted a potentially dangerous Knox be kept locked up. In April 2008 Cassation very strongly agreed.

Pretty bizarre to see a Mignini witchunt in this, or a judiciary about to reverse itself on years of meticulous work.

At the time of the Meredith Kercher murder on November 1, 2007, the Italian judiciary was was locked in a struggle with the Perugian prosecutor Giuliano Mignini. Mignini was facing charges for abuse of office, relating to his “˜Narducci Trail’ investigations.

This is more chest-thumping babble by the crackpot Jay. Dr Mignini rarely even talks to the media and he is regarded by good reporters as especially careful with the truth. The Italian justice system is not only one of the world’s most careful and most pro-victim-rights, it is very popular and trusted in Italy second only to the President who is also the Justice System’s top dog.

Dr Mignini’s past caseload as a prosecutor was quite mundane as Kermit’s meticulous and powerful Powerpoint showed. Perugia and its region of Umbria are among the most prosperous and least crime-ridden in Italy toward which the very popular Dr Mignini contributed a great deal over the years.

Dr Mignini rose to his present seniority of Deputy Prosecutor-General in Umbria because on his merits he consistently excelled. He is often on national TV (among other things ridiculing conspiracy theories and the too-ready blaming of crimes on satanism) and has high-level professional friends and supporters throughout Italy, not least in Florence where he has known senior colleagues since law-school.   

Mignini and his colleague Michele Giutarri had both been indicted after Mignini had Mario Spezi arrested and briefly imprisoned, in connection with the Monster of Florence crimes. Spezi was released just three weeks later, after an intense media campaign by his writing partner the American author Douglas Preston.

But rather than back off of his satanic sect Narducci trail investigations, Mignini instead plowed ahead with still more satanic sect cases. At the time of the Kercher murder, Mignini had a case unravelling in Florence against a pharmacist and friend of Spezi’s named Francesco Calamandrei.

When the Calamandrei case was dismissed in 2008, Mignini pressed his next “˜satanic sect’ case against the 20 innocent people in Florence, including Spezi and members of the Narducci family. Mignini had also tried at first to link the Kercher murder to “rites related to Halloween”.... It is these two convictions, these two false convictions, which the Italian judiciary is in my view trying so desperately to protect.

More chest-thumping babble by the crackpot Jay. The vast majority of Italians believe the truth of the Monster of Florence case is as set out in the exceptional book Il Mostro by Michele Giuttari in which there really was and is a shadowy group. It was for proving this that a desperate Florence prosecutor took Mignini and Giuttari to court.

We have shown repeatedly that the fading fiction-writer Preston often does not tell the truth. After his near-arrest for falsifying evidence to seek to make Spezi and himself world-famous for “solving” the MOF case,  Preston took off out of Italy like a terrified rabbit and has tried to prove he actually has a backbone ever since.

Italians know that in his one brief formal interview with Dr Mignini Preston melted down. He blubbered and wailed while he lied and lied, and was considered so incompetent and naive he might as well be given a break.

Here from a public document arguing for custody of Mario Spezi (the “brains” of the two, if that is not a stretch) is a conversation between the publicity-hungry Inspector Clouseaus (through public sources we have also obtained the tapes) thinking here that they have made the cops look like foolish dupes:

[The word “passeggiata” (leisure walk) in the context of these statements makes little sense literally; in fact, it is a code word by which both Spezi and Preston mean the police visit to Villa Bibbiani that Spezi and Zaccaria are plotting to trigger by way of a letter they wrote reporting false incriminating testimony, and by way of which they expect the police to find the false pieces of evidence contained in six boxes that they are going to place in the villa. Preston is aware of this intended fraud, and he is happy about it, because he presumably expects that from such an operation their “Sardinian track” theory would gain visibility as a media scoop and he and Spezi would become world-famous from it, sell a lot of books, and make a lot of money out of it. So “passeggiata” is really the police eating their bait, going there, and finding their forged false evidence in the house.]

In conversation n. 17077 of Feb. 18. 2006, PRESTON calls Mr. SPEZI, who informs him, expressing satisfaction:

“We have done everything.. I mean”¦ we went and we did it”¦  you know my telephone is ugly [sic]”¦”

and Mr. PRESTON, still in a chummy and allusive tone:

“Oh yes, I understand perfectly, yes, hey”¦ the”¦ the”¦ the “˜passeggiata’ isn’t that”¦ isn’t that”¦ we have “¦  someone has done the “˜passeggiata’?”

and the journalist pointed out, interspersing that with chuckles of satisfaction: “No, no, no, but”¦ they are going to do it!!”

and Mr. PRESTON: “Yes, yes”¦ but”¦ isn’t that interesting wow”¦.”

and Mr. SPEZI: “”¦. We told them to do it !”

At PRESTON’s question about when they would be going to do the “˜passeggiata’, SPEZI answers: “Well”¦ I don’t know but I hope soon” and at a further question by PRESTON, he says: “In.. within.. within the 24th”

SPEZI again answers: “I hope yes”, laughing.

Then, Mr. Preston adds: “It’s fantastic!... Oh the end maybe, I don’t know but”¦”

and Mr. SPEZI: “That would be beautiful!” still sniggering, and Mr. PRESTON agrees enthusiastically.

After his charging, in conversation n. 17231, Mr. PRESTON calls SPEZI and tells him that they need to speak about it in person.

The criminal operation stands out even more egregiously in conversation n. 16950 of February 13. 2006, between Mr. SPEZI, the deviser of the plot, and his right hand man Nando Zaccaria; and when RUOCCO gives Mr. SPEZI “information” about the name of the person who allegedly attended the villa, Mr. SPEZI himself calls Mr. ZACCARIA, and, while making him understand that Mr. Gianfranco Bernabei had already been contacted and the report-complaint had been given to him, he adds: “So he called me.. not him Gianfranco”¦ the other guy, we have an appointment at 2:30pm, because he knew about the name”; and ZACCARIA cries out: “Beautifullllll!” with satisfaction.

In conversation n. 17095 of February 19. 2006, Mr. SPEZI calls Mr. ZACCARIA again and urges him to explain him (to the Flying Squad chief) thoroughly about the “six small boxes”, that is to convince him that the objects are related to the murders. Mr. ZACCARIA tells him that he already explained it to the other guy and says: “If they go there they must look very well.. at everything”¦”, and Mr. SPEZI: “What I mean to say”¦ if he finds a hairpin this doesn’t mean anything to him”¦”, making him understand that he will need to “work” him out.

Mr. ZACCARIA adds in the end: “Then I told him, well while we go”¦ when it’s”¦ when you are going”¦ he says anyway he advises us”. Mr. SPEZI says he agrees and Mr. ZACCARIA reassures him saying he [Bernabei] doesn’t know anything about the case and never dealt with it, then he complains about that the nowadays officers are incapable of doing their job. Thus the chief of the Flying Squad, Dr. Fillippo Ferri, will need to be led by “malicious” Mr. ZACCARIA. Then Mr. SPEZI asks Mr. ZACCARIA to advise him when he goes there (to the Villa). Anyway we remand to the unequivocal content of the conversation, at pages 6, 7 and 8 of request n. 114/06 G.I.De.S.

Back to analysing more from the crackpot Jay.

And Mignini, by continuing to file “˜Narducci trail’ cases, and invoking the same “˜satanic sect’ conspiracy theory, was holding the judiciary hostage to his unprincipled career ambitions.  The challenge Mignini presented to the Italian judiciary, was how to stop Mignini’s witch hunt of innocent citizens, without also discrediting the “˜satanic sect’ convictions of Vanni and Lotti in the Monster of Florence cases.

The task of acting as a kind of judicial baby-sitter to Mignini, fell to Judge Paolo Micheli [who] presided over Rudy Guede’s fast track trial in 2008 ““ which was also the pre-trial hearing against Amanda Knox and Raffaelle Sollecito, to certify the case against them as warranting a full trial. The challenge for Judge Micheli, was to walk Mignini back from the edge, but without so completely devastating Mignini’s reputation, that the public might begin to question the validity of the satanic sect theory which had been used in the convictions in the Monster of Florence murders.

This is 180 degrees wrong. Judge Micheli is believed to have been leaned on but ultimately the courts at all levels came round to confirming that Dr Mignini had no choice but to act and he acted quite right. The notion of a satanic sect goes way back and Dr Mignini was more doubtful about it than most.

Judge Micheli’s ruling was scathingly overturned by Cassation, and some of the cases against malicious meddlers were resumed. Spezi has been in court after court - just a couple of weeks ago, he lost yet another defamation case brought by Michele Giuttari.

But Judge Micheli allowed Mignini’s case against Knox and Sollecito to go forward to trial. Had Judge Micheli simply done his job, properly heard and investigated Mignini’s case, the only fair outcome would be full dismissal. What Mignini has pulled off is a kind of blackmail. Mignini wanted his promotion at all costs, and was willing to convict and imprison dozens of innocent people to get his way. Amanda and Raffaele are only two of Mignini’s more recent victims, but there are scores of damaged lives left behind in the wake of Mignini’s lust for career advancement.

The crackpot Jay has defamed American prosecutors too? Probably not. Typical of the cowardly Mellas-Fischer gang he writes in English in the United States in a language and from a distance which makes him feel safe. Dr Mignini has zero record of overzealous or wrongful prosecution, and very, very few cases reversed on appeal, and nobody at all in Italy would buy this defamatory crap.

After Michelli dismissed the case against the Florence 20 in 2010, Judge Hellman’s appeal court fully acquitted Amanda Knox and Raffaelle Sollecito for any involvement if the murder of Meredith Kercher in October of 2011.

Hello?! Hellman’s verdict was ANNULED for terrible law, and for illegally trying to repeat the complete trial (absent the witnesses, who he ridiculed) instead of sticking to the few points that had been appealed. Cassation annuls very, very few cases, and reversing this corrupted overstretch was universally seen in Italian law circles as right.

Extraordinarily, Judge Micheli waited over one year to release his motivation report, only doing so about two months after the Hellman court released its motivation report in favor of acquittal. Motivation reports in Italy, are normally due in 90 days. I believe Judge Micheli’s delay in releasing his motivation report, was to allow him the opportunity to conform his report to that of Judge Hellman.

Good grief. What is the crackpot Jay on about here? Judge Micheli was leaned on, and he knew he had got the law wrong, and he presumably expected to be overturned - which Cassation very scathingly did. No wonder his homework was not handed in on time; he feared losing his job and serving time.

The Narducci trail case of the Florence 20, was sent back down absent the element of criminal conspiracy among the defendants. In essence, the case was rigged for dismissal, a fact confirmed by Michele Giutarri in a magazine interview earlier this year. Whereas the case against Ms Knox and Mr Sollecito was rigged for conviction.

A previous cassation ruling against Rudy Guede in his fast track process where Guede’s defense waived the right to challenge the evidence, determined that Guede had killed Meredith along with others. Cassation ruled that Knox and Sollecito’s trials should be bound by that finding, which is grossly and patently unfair.

There was nothing unfair. This is a foolish meme. Cassation simply ruled that two others had been involved and that had been proved. It was proved in the 1/4 of the trial that was held behind closed doors where two recreations connected all the dots of the vicious 15-minute taunting attack on Meredith. Both defenses without argument accepted this.

As irrational as the cassation ruling overturning the Hellman acquittal may seem, there may be a deeper reason behind it. In an article from CBS news earlier this year, Doug Longhini writes: “Following the verdict, judge Hellmann didn’t pull punches.  He declared: “the evidence was nonsense.”  Suddenly, several prosecutors and judges became the targets of criticism claiming they had mishandled the case from the beginning.” ...

For his part, Berlusconi and his party were at war with Italy’s prosecutors and judges.  The Prime Minister was trying to reign in their investigative powers.  Prosecutors, for their part, were trying to put Berlusconi in jail.”  Seen in this light, the court of cassation reversing the acquittal of judge Hellman is not an act of judicial wisdom, but one of self preservation. To avert a political investigation among their own members, Italy’s court of cassation had to reverse Judge Hellman’s acquittal.

The addled Doug Longhini is consistently out to lunch both on the excellent Italian system and the Perugia case as have been the entire CBS team - no wonder they have said very little for several years.

The courts at all points have simply done the right thing and public opinion has been very solidly behind them. Almost every Italian knows that RS and AK carried out the attack. The courts are not in self-preservation and charges against the toothless Berlusconi still stand.

One can sense the political pendulum swinging first in favor of conviction, then back towards acquittal, then back again towards conviction. And events that unfolded just this year, cause me to believe that the Italian judicial-political pendulum is once again swinging back in favor of acquittal. Giuliano Mignini has received his promotion. In his new role, he will never again prosecute a case or lead an investigation, he is only allowed to sit with other judges on appeals courts. So the judiciary can be confidant there will be no more Mignini led witch hunts.

Only recently in the past few weeks, the last of the criminal charges against Mignini have been allowed to languish, due to statute of limitations. So Mignini is out of legal jeopardy.  Despite the fact that the only trial on the merits resulted in a conviction and jail sentences for both Mignini and Giutarri, neither will be going to jail, or being held accountable for the crimes they were found to have committed at their first level trial. In the end, it may be said that the Italian judiciary found it easier to promote Mignini, then to jail him

More babble. Dr Mignini was NEVER in legal jeopardy as everyone in Perugia knew - a judge had signed the wiretap of the prosecutor who unwittingly confirmed a Florence cabal and Dr Mignini and his boss and all his colleagues KNEW he would overturn the spurious conviction on appeal.

Dr Mignini did overturn the verdict in Florence on appeal - the appeal judge’s ruling was the hardest-line “there is no case” - and as with ex-Judge Hellmann, both the rogue prosecutor and the rogue trial judge are now out.

Dr Mignini commendably kept pushing back and he won and won and won against the malicious meddlers in the MOF case. On 3 December the great reporter Andrea Vogt posted this:

Those following the side trials that have spun off or become entangled in the Amanda Knox trial might be interested to know that the now infamous and often-cited abuse of office investigation against Perugia prosecutor Giuliano Mignini, which once made such big headlines in the U.S. and UK media, has officially resulted in no charges, and the investigation has been closed.

An initial conviction stemming from 2006 wiretaps and the Monster of Florence investigation was overturned and annulled in Florence on appeal [in 2011]. The court ordered that the case be transferred to Turin for any future investigation. Earlier this year he was acquitted of nearly all the accusations.  The Turin court on Tuesday chose to shelve the last remaining question regarding the wiretapping of a La Stampa journalist earlier this week, ruling it was time barred.

The court’s ruling finally settles the long debated question of Mignini’s record: He has no abuse of office conviction, and there is no longer any active investigation into such allegations.

The other protagonist, Mario Spezi, on the other hand, still has quite a few problems on his hands. His 2006 arrest eventually resulted in the high court (cassation) ruling No. 865/2013 deeming that the following crimes occurred: aggravated interfering with public investigation from Febuary 2004 to summer 2006, aggravated attempted judicial fraud between February and May 2004 and aggravated slander and defamation for naming Antonio Vinci as linked to the Monster of Florence homicides in 2006.

For this last charge, Spezi could be held liable in civil court. But he will never be sentenced for any of these crimes, because after the cassation sent it back down for trial at the appeal level, the appeals court in Perugia shelved the case, ruling that the statute of limitations had passed for any further prosecution. And once again, true justice grinds to a halt, caught up in the gears of Italy’s slow and messy system.

In the meantime, Spezi’s faulty thesis on the Monster of Florence case has landed him in court in several other jurisdictions, where ex-Florence homicide cop Michele Giuttari has been pressing forward with slander and defamation charges related to accusations made about him in his now discredited Monster of Florence yarn that Spezi and his American co-author, Douglas Preston made into a bestseller, pinning the blame on an innocent man in the process. [Bold added here]

And so the plot thickens.  Giuliano Mignini was made into a convenient media villain when a high-profile American was being tried across the courtroom from him . . . on trumped up allegations that have since fallen unceremoniously to the wayside. Amanda Knox and Raffaele Sollecito, who Mignini initially prosecuted, await the decision of their final appeal before the court of cassation in March 2015.

Back to analysing more from the crackpot Jay.

In short and to sum things up: Mignini has gotten his promotion which he valued above the liberty of the innocent; Mignini’s Narducci Trail investigations are over for good; the Monster of Florence convictions against Vanni and Lotti claiming their participation in a non-existent satanic sect are safely in the past; and the war between the Italian judiciary and Burlesconi is in a state of a truce.

For all of these reasons, I believe the pendulum of Italian politics has again swung in the direction of acquittal, and the Italian judiciary is once again in a position to finally recognize, and exonerate, Amanda Knox and Raffaelle Sollecito.

It may be a good idea for the crackpot Jay to not hold his breath on this. Cassation and the Florence appeal court have been the most hardline on this. And it was Judge Matteini with the police not Dr Mignini who drove the case forward in 2007 and 2008. As explained above, Dr Mignini had almost no guiding hand, and on 17 December 2007 gave Knox a real break. A shot to get herself off - which she herself tanked.

Prior to that long conversation with Knox on 17 December at her request, where Dr Mignini played eminently fair and she had to be stopped as she was incriminating herself, they had barely spoken any words. Once briefly at the house on the day of the crime, once briefly when Knox was shown the knives, and once briefly when Dr Mignini presided over the reading of her rights on 6 Nov. That was it. From the post directly below, see also this:

In a move serially misinterpreted by the dimwits of the Knox brigade, the prosecution, suspecting she was both mixed up and high on hard drugs, in effect offered Knox and her team a way to a lesser count, when they said that the murder could have been a taunting attack which spun out of control.

As explained near the top here, from 7 November it was Judge Matteini and Judge Ricciarelli, not Dr Mignini, in the saddle, and they got all of their information directly from the police. Prior to the Guede and Knox/Sollecito trials Dr Mignini did not guide the process, impossible though that seems for the Mellas/Fischer crackpots to believe.

These facts, and in conjunction with the ECHR soon to take up the conviction of Ms. Knox for Calumnia in the European Court of Human Rights, provides the Italian Court of Cassation, in March of 2015 when they hear the appeal from conviction of Knox and Sollecito, with the opportunity and incentive to quietly discharge the case, and reinstate the verdict of Judge Hellman, finding that Knox and Sollecito are innocent of any involvement in the murder of Meredith Kercher, and innocent of the crime of “˜staging a crime scene’ because the crime does not exist.

Reinstate Judge Hellmann?! He is being investigated for his suspect role in bending the 2011 appeal right now! Again, it may be a good idea for the crackpot Jay to not hold his breath on this.

The appeal to the ECHR in Strasbourg is dead in the water because Knox herself made up all the claims of the supposed violations of her human rights. She has ZERO case. Read this series here.

By the way, for his wild defamations and his contempt of court, Crackpot Jay opens himself to the exact-same charges Knox and Sollecito and Knox’s parents and Sforza all still face.


Tuesday, December 16, 2014

The Knox Interrogation Hoax #17: Sollecito April 2008 Before Supreme Court Again Coldsholdered Knox

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of very nasty claims by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

3. Sollecito’s appeal to the Supreme Court

In Knox Interrogation Hoax #16 we described the fourth pre-trial hurdle Knox failed to make. That was her appeal to the Supreme Court against the Matteini and Ricciarelli rulings that much evidence pointed to her and for the safety of others she needed to be kept locked up.

Knox hadnt really lifted a finger to deflect suspicion away from Sollecito and the same thing applied in reverse from 2007 right through to 2014 with the one bizarre exception of Sollecito’s book.

Catnip kindly provided this translation below of Cassation’s ruling on Sollecito’s appeal in April 2008 that much evidence pointed to him too and for the safety of others he also needed to be kept locked up.

If Sollecito had not fingered Knox at his own interrogation on 5-6 November 2007 which set her fireworks off, here was his second chance after his memo to Judge Matteini to set things straight and get her off the hook. 

So did he? No. He again left Knox dangling in the wind. 

Summary: Held: the decision to continue pre-trial prison detention for the suspect was reasonable.

THE REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
SECTION 1 CRIMINAL DIVISION

Comprised of the most Honourable Justices:
Dr Torquato GEMELLI - President -
Dr Emilio Giovanni GIRONI - Member -
Dr Maria Cristina SIOTTO - Member -
Dr Umberto ZAMPETTI - Member -
Dr Margherita CASSANO - Member -

have pronounced the following

JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).

REASONS FOR THE DECISION

The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery ““ in the kitchen of his house ““ of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

““ reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

““ absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

““ arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

““ inexistent evidential value of the phases relative to the discovery of the body;

““ absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

““ absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

““ irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

““ interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

““ attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

““ insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

““ missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

THE APPEAL IS UNFOUNDED

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 ““ coincident with P’s visit ““ who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told “˜a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, ““ which would narrowly evaluate as innocuous youthful stereotypes ““, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.
Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008


Friday, December 12, 2014

Why All The Desperate Attempts To Prove Rudy Guede Was A Burglar Have Fallen Flat

Posted by Peter Quennell




1. The Knox-Sollecito State Of Play

On average we get an email or two from readers in Italy every day.

Maybe half are from Italians and half are from foreigners who are resident there. This is from an appreciative American who is married to an Italian and now lives in Milan.

I go back to Perugia and my friends there as often as I can - everything there is very special to me. Perhaps this sounds a little strange but, to me, the city seems to have lost it’s innocence with Meredith’s murder. I still haven’t met anybody in Italy - from North to South (or from Switzerland either) who believes that Amanda Knox and Raffaele Sollecito are innocent.

No-one in Italy any longer seems to believe that AK and RS or of course Guede were not involved. The courts have made their case.

There has simply been too much documentation, too much commentary broadcast on TV, too many disturbing facts coming to light like Knox having sex for drugs with a drug kingpin right up to the night of her arrest.

The incessant bickering of the two has become a bore. Trials against Sforza, Aviello, and Sollecito proceed and more charges against Amanda Knox and Curt and Edda Mellas remain.  Since this time last year neither of the two has won even one point.

2. More Proof Undermines The Guede Hoax

Can you figure out what the image at the top depicts?

This is the north end of the massif from the east. Right at the center is the law office of Dr Paolo Brocchi, whose office was burgled and whose laptop turned up in the possession of Rudy Guede in Milan. Meredith’s house is visible at top-right and Patrick’s bar, the English girl’s house and the courts are all off to the left.

At the bottom of the image below in the center is a narrow dark ally. Whoever broke in seems to have done so via that ally and a narrow balcony on the second floor of the law offices. 






The killer-groupies refer to Rudy Guede as the FORGOTTEN killer though there is no logical reason why. He doesnt hog the limelight but he is convicted and he is doing his time.

The killer-groupies claim Guede was a drug dealer (untrue), a petty thief (unproven), a knife wielder (untrue), who threatened a man (untrue), a police snitch (untrue) who killed Meredith alone during a burglary which went wrong (untrue). Quite a list of false claims. 

There is in fact zero evidence proving Guede acted alone. Meredith’s missing money was equivalent to money Knox could not explain.  Read the 45 posts here for all the proof the killer-groupies ignore.

Absolutely key to the verdict of the trial court were the TWO recreations of the attack on Meredith. Each pointed to three attackers. Both were presented in closed court. 

Please follow the images below to see how a burglar broke into Dr Brocchi’s office two and a half weeks before Meredith was killed.

The front door of the law office is at street level. Because the ground slopes down at the rear, the law office is one level above ground level. That is where the glass in the French doors was broken and the break-in may have occurred. 




Above and below: images of law office at the street level from the front,






Whether it was Guede or not (there are good reasons for thinking it was not) he or she broke in around the back, up that alley, in the dark, where there is a quite easy reach up to the floor of a narrow balcony outside the French doors.



Above and below, law office from back, balcony is at hard left not visible here





Above and below, law office from back, balcony is visible one floor up from ground level





Above law office from back, balcony is visible one floor up from ground level



What does that climb resemble? See the final image below. It fairly precisely resembles the climb in the dark onto Meredith’s balcony, also at the back, a route which two separate sets of burglars used in 2009.

It does NOT resemble at all the climb into Filomena’s room, much higher, in bright light, which to this day not one person has been able to emulate, and which would actually resemble a climb to the office windows at the front in bright streetlight . 

Those who claim that climbing into Filomena’s window was anyone’s known “modus operandi” are not telling the truth.




Above, Meredith’s house from the east with balcony used by burglars at the back


There were no fingerprints in the office and to this day nobody can say for certain what the burglary was really about.

Only that certain legal papers had been accessed and it is held probable in Perugia that someone was trying to interfere with a legal case. Two other offices at the back were bypassed. 

Neither Dr Brocchi nor Ms Maria Del Prato who encountered Guede in her nursery school in Milan pressed charges against him for assault or theft. Their testimonies at trial were low-key and puzzling but certainly did not leave Guede in a worse light. Neither had an axe to grind with him.

So the Milan police and courts finally acted against Guede merely for being in possession of a couple of items of stolen property. Nothing more.

If Guede had no already been convicted he would have served no prison time.

But as we recently reported he gets an additional 16 months in prison and his work-release is denied.  Guede’s final appeal to Cassation has just been turned down.

The killer-groupies should move along. Demonizing Guede with false claims and lying to justice departments (their new angle) will never ensure Knox remains free.


Tuesday, November 18, 2014

The Knox Interrogation Hoax #16: The Fourth Opportunity Knox Flunked: The Supreme Court

Posted by The TJMK Main Posters



Media outside the Cassation back entrance waiting for news of the ruling

1. Where This Series Stands

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do.

They trust that one or other of her versions of the 5-6 November 2007 police-station session is right.

We have been demonstrating the rock-solid evidence that Knox and her supporters have lied and lied and there will be more evidence of this to come.

We’ve shown in this series that Knox insisted on being there; she was merely helping to build a list; she was treated kindly and taken for refreshments; she was the only one overheard by anyone to raise her voice, when she screamed about Lumumba “He did it!”; it was Sollecito not the police saying that she had been lying and had made him lie; and there is documentary evidence that the police investigators who sat with Knox told the truth.

Coming soon, we are going to post hundreds of false claims made by Knox shills, all sparked by and never reigned in by Knox.

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed. In the Mignini hearing of 17 December 2007 they eventually advised her it would be in her best interests to shut up.

This post covers the third hurdle, specifically why in April 2008 the First Criminal Section of the Supreme Court ruled that for reasons of evidence and psychology Knox and Sollecito should remain locked up and the judicial process against them should go forward.

Please consider this meticulous (and for the pair, damning) statement, which denied their release, in light of a couple of explanations which follow in Part 4 below.

3. Catnip Translation: Gemelli Report On Knox

The Judgment

REPUBLIC OF ITALY
IN THE NAME OF THE ITALIAN PEOPLE
THE SUPREME COURT OF CASSATION
FIRST CRIMINAL DIVISION

Comprised of the Most Honorable Justices
Dr Torquato GEMELLI ““ President
Dr Emilio Giovanni GIRONI ““ Member
Dr Maria Cristina SIOTTO ““ Member
Dr Umberto Zampetti ““ Member
Dr Margherita CASSANO ““ Member

has pronounced the following

JUDGMENT

on the appeal lodged by AMK born on X

against the Order of 30/11/2007 Liberty Tribunal of Perugia

having heard the relation [legal analysis] made by the Counsellor [Judge] Margherita Cassano

having heard the conclusions of the Prosecutor-General Dr S Consolo who has prayed the rejection of the appeal

HAVING FOUND IN FACT

1. With the order of 30 November 2007 the Perugia Court, as constituted under Article 309 Criminal Procedure Code, rejected the submission to review lodged by AMK and, as a consequence, confirmed the precautionary prison custody measures disposed in her matter on the 9th November 2007 by the GIP of the same Court in relation to the offences of aggravated wilful homicide in company and in sexual assault by a group, committed on the day of 1 November 2007 against MSCK.

2. According to the reconstruction put forward by the judges of merit, on the 2nd November 2007, around 12:35, the State Police, to whom had been signalled the discovery in the garden of a house of two mobile phones, both resulting to be in the service of the American [sic] citizen MSCK, intervened at an apartment in Via della Pergola in use by Ms K and AMK and two Italian women. At the place were found AMK and her boyfriend RS, the which declared they were expecting the arrival of the Carabinieri, called by them after having discovered that the window of one of the rooms of the habitation presented with broken glass.

The crime scene inspection immediately carried out inside the apartment led to the discovery in the bedroom occupied by Ms K, locked under key, of the body of the woman, which, at the level of the head, was immersed in a lake of blood, was dressed only in two tops pulled above the breast and was covered with a blanket. Beneath this latter was found the print of a shoe in haematic material, collected, besides in the room of the offence, also in a small bathroom adjacent to the same. In a second bathroom, used by the two Italian lessees of the apartment, were found faeces and other natural biological residues. The autopsy immediately carried out permitted the establishment of the cause of death, collocatable around 22 hours of the day of 1st November 2007, to have been due to a haemorrhagic shock from vascular lesions to the neck from an edged blade and that the instrument used to restrain her was constituted of a pointed instrument capable of penetration and with a sharpened profile capable of cutting tissue.

The victim’s body did not present unequivocal signs of sexual assault even though there were found things of some medico-legal interest, in the sense of the observed anal dilation of two-three centimetres, the discovery of minute ecchimoses on the posterior part of the anal ring (otherwise compatible with situations of constipation) and, above all, mauvish marks on the inner face of the labia minore, suggestive of a sexual rapport carried out with haste and occurring a little before the death.

3. The Court had found that grave indicia of guilt as against the suspect were constituted by the following elements:

(a) the autopsy results and the medico-legal report;

(b) the discovery of a knife with dimensions of 14cm for the handle and of about 17 for the blade, seized from inside a drawer of cutlery located in the kitchen of the home of S, carrying, on the handle, traces of DNA referable to Ms K and, on the blade, traces of DNA ascribable to the victim;

(c) statements made by persons informed of the facts, FR and LM, housemates of the victim, who without contradiction excluded that the seized knife were part of the their apartment’s endowment and made mention that Ms K, on the day of the fact, was wearing a top, which has not yet been found;

(d) outcome of the technical tests carried out on a pair of shoes, N brand, size 42.5, property of S, evidencing a perfect correspondence between the aforesaid footwear and the print found at the location of the homicide, as well as on the door of the Via della P apartment which did not present signs of forced entry;

(e) results of technical tests carried out on the palm print found on the pillow on which the victim had been placed and resulting as belonging to RHG, a citizen of the Ivory Coast, nicknamed “˜the Baron’, known to AMK;

(f) presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper taken from inside the larger bathroom of the apartment, where faeces had been found, resulting as being from G;

(g) outcome of biological tests carried out on the blood found in the apartment’s small bathroom, in use by the victim and Ms K, which permitted the establishment that to the victim were attributable the bloodstains present on the mat, to Ms K those found on the washbasin, and to both of the women the blood traces found on the bidet;

(h) statements made by the American [sic] citizen RCB, the which, having returned home to her country a few days after the fact, referred to the Authorities that Ms K, while waiting to be interviewed by the Police on the morning of the 2nd November 2007, had told her of having seen M’s body on a wardrobe (or reflected on a wardrobe) with a blanket on top of her and of having seen her friend’s foot after a police officer had opened the door, circumstances conflicting with the modality of intervention at the apartment;

(i) statements made by the friends of MSCK, the which without contradiction said that the woman had spent the afternoon of the 1st November 2007 in their company and had left their house in the company of SP, who, reaching her own domicile in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than 10 minutes’ distance from Via del L;

(l) statements made by FR and PG, contacted by A after ascertaining that the front door of their house was open, that there were blood stains and that the window of MSCK’s room presented with broken glass

(m) statements made by S on the 2nd, 5th and 6th November regarding his movements both alone and with AMK between the day of 1 November 2007 and the following 2 November, in regards to what was found inside the Via della P apartment, to the call for help to law enforcement, not to mention the reference to the search for strong emotion contained in various of his writings posted on his blog;

(n) statements made on 6 November 2007 at 1:45 by Ms K which indicated L, entranced by M, as the author of the murder after a sexual relation with the victim;

(o) spontaneous statements made by Ms K on 6 November 2007 at 5:45 from which it emerged that L and M had gone to her room, that, at a certain point, M had started to scream, such that A, so as not to hear, had put her hands on her ears, that maybe S was also present in the house;

(p) contents of the account written by Ms K which repeated having heard M scream, to having removed herself into the kitchen and of having blocked her ears with her hands so as not to hear her friend’s scream and of having seen blood on S’s hand during the dinner that had taken place around 23:00 hours on the day of 1 November 2007 in S’s apartment;

(q) contents of a recorded conversation in prison on 17 November 2007 relating to a discussion between Ms K and her parents in the course of which the woman, amongst other things, said “It’s stupid, because I can’t say anything different, I was there and I can’t lie about this, there is no reason to do it”;

(r) tests carried out on the computer and on the mobile phone used by S, from which it emerged that, contrary to the defensive stance of the suspect, his computer had not been used during the night and had been activated only at 5:32 on 2 November 2007 and that, likewise, his mobile phone also had been off during the night and had been first used at dawn on 2 November 2007.

The Re-examination judges concluded recognizing, for continuing the precautionary custody measure, the continuance of all the typologies of precautionary requirements mentioned under Article 274 Criminal Procedure Code.

4. Against the cited order there has been submitted an appeal to Cassation, through her lawyers, by AMK, the which, also by means of a defence memorandum, alleges:

(a) violation of Article 309 paragraph five Criminal Procedure Code with reference to the omitted transmission to the Re-examination Court of the statements made by the suspect RHG arrested in Germany in the execution of a European Arrest Warrant, constituting, contrary to what was adopted by the Re-examination Court, an element favourable to the suspect, relevant for the indication of the author of the offence, identified as an individual of the male gender and, contrary to what as held by the Court, fully usable, given the basis of their acquisition into evidence under Articles 22 and 28 of the law on international judicial representation in criminal matters of 23 December 1982;

(b) Violation of Article 250 paragraph seven, and 357 paragraph two, Criminal Procedure Code, being placed at the foundation of the custody order and of the subsequent provisioning by the Re-examination Court, which indicative elements, the statements made by Ms K on 6 November at 1:45, without defence safeguards, the “spontaneous statements” made at the time of 5:45 hours, are not classifiable as such, given the procedural status invested on her in the meantime, all acts fully non-usable inasmuch acquired in patent violation of Article 63 Criminal Procedure Code;

(c) Violation of law, deficiency and manifest lack of logic in the reasoning with reference to the picture of circumstantial gravity, having regard: (a) to the personality of the suspect, a young foreigner with unblemished record, with a perception of reality altered by cannabis use, a substance which also may have been influencing her excessive and dreamlike behaviours; (b) to the seriously lacunose character of the translation of passages of the suspect’s hand-written account, analysed in a partial manner; (c) to the not unambiguous reading of the contents of the recorded conversation of 17 November 2007 between the suspect and her parents in prison; (d) to the non-probative nature of the DNA traces found on the seized knife, of the suspect’s blood stains on the mat and basin in the small bathroom of the apartment occupied by, amongst others, the victim and Ms K;

(d) Lack and manifest illogicality in the reasoning with reference to the considered circumstantial value, as against the suspect, of the results of tests carried out on the vaginal swab and on the knife in custody, with an un-reasoned devaluation of the considerations put forward by the defence;

(e) lack and manifest illogicality of the reasoning, distortion of the fact with reference to the considered presence of the suspect on the location of the fact and to her contribution purportedly made to the consummation of the offence;

(f) violation of law, deficiency and illogicality of reasoning as to the configurability of the precautionary requirements, given: (1) the absence of a specific danger in evidentiary acquisition even in the light of investigative developments which have evidenced Ms K’s extraneity to the commission of the offence and have allowed the acquisition of statements by fellow-suspect G; (2) the lack of an objective risk of flight in the light of international cooperation between Italy and the USA which would permit, once the suspect’s responsibility has been definitively ascertained, full judicial cooperation; (3) the lack of danger of repetition of the offences.

Observes as of law.
The Appeal Is Unfounded.

1. With reference to the deduced violation of Article 308 paragraph five for omitted transmission to the Re-examination Court of elements appearing favourable to the person placed under investigation (in the type of statements made by G to the German Judicial Authority in the ambit of European Arrest Warrant procedure), this Bench observes as follows.

For “elements in favour of the person placed under investigation” must be understood to mean those objective results, of probative value, suitable for being of positive influence in the evaluative complex of the custody picture (Cass., Sez. IV, 22 giugno 2005, rv. 231749) and in the concrete usable for exculpating the suspect (Cass., Sez. I, 26 settembre 2000, Corrente, rv. 217611) and not information that resolves itself into mere reformulations of the prosecutorial hypothesis or in the advancing of alternative hypotheses (Cass., Sez. Un. 26 settembre 2000, Mennuni).

In line with this interpretative stage there are to be excluded from the enumerated elements appearing favourable and as a consequence obligated to be transmitted to the Re-examination Court, under Article 309 paragraph five Criminal Procedure Code, statements made, as in the case under examination, in the ambit of an extradition procedure against the fellow-suspect who limits himself to giving his own defensive version and to affirm his own extraneity to the facts, without however releasing the other accused subjects from the same crime. It is, therefore, under this profile that the defence petition does not merit granting, it is rejected, rather, by the Re-examination Court on the basis of the erroneous assumption that RHG’s statements were unusable through omission with respect to due process, in reality assured by the German Judicial Authority, which ““ in conformity with the principles contained in the decision-framework of the Council of Ministers of the Union of 13 June 2002, relating to European arrest warrants and the handover procedure between member States (2002/584/GAI) ““ have, amongst other things, pre-emptively made the suspect informed: (1) of the European arrest warrant and its contents, even to the ends of allowing him to consent, if necessary, to the handover; (2) of the right to legal and interpretive assistance during the procedure.

2. With reference to the second appeal ground by the defence, the Court observes that circumstantial statements are characterized by a different usability regime under a subjective aspect. In the case in which these originate from a person against whom there already is sustained circumstantial evidence as regards the same crime, that is to a crime connected with or tied to the one attributed to a third party, the same cannot be used not only against themselves, but neither in relation to co-accused in the same crime (or of those accused of connected or related crimes).

The regime of absolute unusability under Article 63 paragraph two Criminal Procedure Code is, instead, to be excluded in the case in which the declarant, whether called to respond, in the same or another matter, for a crime or for crimes attributed to others, which have no procedural ties with the one for which they are being proceeded against, with respect to which the person assumes the character of witness.

In fact, in the first case, due to the close connection and interdependence between the fact itself and the other one, there arises the necessity to also safeguard the declarant’s right to silence; in the second case, the declarant’s extraneity and indifference with respect to the facts in cause renders them immune to possible sanctions carried out by the investigative bodies (Cass., Sez. Un. 13 febbraio 1997, Carpanelli).

On a par with these principles, the statements made by AMK at 1:45 on 6 November 2007, ““ at the end of which the interview was suspended and the woman was placed at the disposition of the relevant judicial Authority, revealing circumstantial evidence against herself ““, are usable only contra alios, while the “spontaneous statements” from 5:45 are not usable, neither against the suspect nor against other subjects accused of participation in the same crime, inasmuch as they were made without due process safeguards by a person who had formally assumed the status of suspect.

On the contrary, the account written in English by Ms K and translated into Italian is fully usable, under Article 237 Criminal Procedure Code, since it is a document originating from the suspect, who had been its spontaneous material author for a defence purpose. The disposition under examination allows attribution of probative relevance to the document not only as regards it and its representative contents, but also in the strength of its particular ties, which tie it to the suspect (or accused), thereby illuminating the review of admissibility which the judge had held to be in operation.

3. The fourth, fifth and sixth grounds of the petition also lack merit. The circumstantial evidence picture specifically concerning AMK is based, in the first place, on the autopsy results, evidencing multiple contusions and ecchimotic areas on various parts of the body (nose, lip, oral cavity, cheek, mandibular and sub-mandibular region, upper and lower limbs, inner face of labia minore, abdomen, dextral latero-cervical region), an ample dilation, in the order of two to three centimetres, of the anal ring with the presence of small ecchimoses, a large wound, disposed obliquely, in the caudal-lateral sense, fully diastased, with sections of underlying tissue right to the cartiliginous layer in the left latero-cervical region, the complete sectioning of the upper right thyroidal artery, the fracture of the hyoid bone in proximity of the left median. The medico-legal tests, carried out after the necroscopic examination of the body of the victim, permitted the confirmation that the cause of death, around 22:00 hours on 1 November 2007, is ascribable to meta-haemorrhagic shock from the vascular lesion on the neck from an edged blade, occasioned by a pointed implement, capable of penetration, and with a sharpened edge able to cut tissues. The anal dilation, the observation of minute ecchimoses on the posterior part of the anal ring and, above all, the mauvish marks on the inner face of the labia minore, are suggestive of a sexual rapport carried out hastily, before the victim had had time to produce adequate lubrication, occurring in a time period proximate to that of the observation, but in any case before death, by reason of the ecchimotic lesions and their colour.

The impugned provision highlights that the complex of these medico-legal conclusions assumes a particular evidential value, in the event that place in correlation with other elements: (a) the statements made by the friends of MSCK, who without contradiction stated that the woman had spent the evening of [1] November 2007 in their company, had started to dine with them from 18:00 hours onwards and had left the house in company with SP, who, reaching her home in Via del L around 20:55, had parted from the victim, whose apartment in Via della P was less than ten minutes’ walk from Via del L; (b) the outcome of the search effected at the house of RS, romantically linked to AMK, which permitted the discovery and seizure in the apartment’s kitchen, from the cutlery drawer, of a knife, having an approx. 14cm long blade and 17cm handle. The knife, not forming part of the inventory of the house occupied by AMK, MSCK and two Italian women (cf on the matter, the statements made, as persons informed of the facts, by FR and LM), presented traces of DNA on the handle attributable to AMK and on the blade traces of DNA ascribable to the victim.

Weighing against the suspect, in the opinion of the judges, there are, in addition, even in their mutability, statements by RS, who, after firstly having claimed to have remained home all evening and night with his girlfriend, stated, afterwards (cf. Interviews of 5 and 6 November 2007) that, at a certain time, Ms K had left and had come back to his house at only around one in the morning.

The judges of merit have underlined the strict correlation found between the interviews given by S on 5 and 6 November 2007, and the following further elements: (a) statements made by citizen RCB, who, returning to her country of origin, referred to the relevant Authorities the confidence received on 2 November 2007 from AMK regarding the position of the victim’s body and its condition, circumstances that, contrary to the stance of the suspect, she could not have been able to perceive on the occasion of the intervention by the police at the apartment, an intervention that unfolded in a way irreconcilable with the version furnished by Ms K to the friend; (b) statements made by persons informed of the facts FR and LM, who said that Ms K, the day of the fact, was wearing a top, which has not been found since.

The impugned provision, with logically reasoned argumentation, observes that the content of these declarative acts appears even more significant when evaluated also in the light of the written account produced by the suspect, containing relevant references to M’s scream on the night of the fact, to her reactions, consisting of huddling in the kitchen with her hands over her ears, to the presence of a man, to traces of blood noted by her on RS’s hand during the dinner that took placed at 23:00 on 1 November 2007.

Under the same lens appearing imbued with unequivocal circumstantial value is the contents of the recording, effected on 17 November 2007 inside the prison where Ms K found herself restricted to and between the woman and her parents, in the course of which there was pronounced by the accused the following words: “It’s stupid, because I cannot say anything else, I was there and I cannot lie about this, there is no reason to do so”;

These elements must, in their turn, be inserted into a larger circumstantial evidence context, cross-correlated by the identification of a print left in haematic matter present on the scene of the crime from a sports shoe, held to be compatible, by its dimensions and configuration of the sole, with the type of footwear brand “N” used by the suspect and by the failure of the alibi put forward by the young man, being demolished by the technical investigations that were carried out, by which, as he asserted, he had interacted with his computer in the hours in which, according the medico-legal reconstruction, the criminal fact would have occurred, just as also remained demolished that the young man had received a phone call from his father at 23:00, it resulting, instead, said call had occurred at 20:40.

From the same perspective, light has been shone, with precise and logical reasoning, on the circumstance that in the course of the evening of 1 November 2007, almost at the same time, telephonic traffic for AMK and RS ceased, after the latter had received a call on his mobile phone from his father at 20:40, of which reference has been made earlier and, in addition, that S, contrary to what was by him stated, did not spend the night of 1 and 2 November 2007 sleeping, it having been ascertained that the computer and mobile phone at his disposal were reactivated at dawn on 2 November 2007.

The judgment reasons, further, on the concourse aspect of the consummation of the homicide and sexual assault, on the basis: (1) of the outcome of the technical tests carried out on the palm print found on the pillow on which the victim had been placed, and it results as belonging to RHG, known to AMK; (b) of the presence of RHG’s DNA on the vaginal swab taken from the cadaver during the autopsy and on the fragment of toilet paper collected from inside the larger bathroom in the apartment, where there had been found faeces, resulting to have been G’s; (c) of the outcome of biological tests carried out on the blood found in the smaller bathroom of the apartment in use by the victim and by Ms K, which permitted the finding that the blood stains on the mat were referable to the victim, those found on the basin to Ms K, and to both the women the blood traces found in the bidet.

The Court, with thorough and logical reasoning, has illustrated, with full reference to the factual circumstances ““ inasmuch such are unreviewable in this seat of legitimacy ““ the reasons for the attribution of pregnant circumstantial value to the elements above recalled, proving the presence on the scene of the consummation of the homicide and sexual assault of AMK, RS, RHG (these last two both known to Ms K), has explained, with articulate and logically correct reasoning, the reasons for which they cannot find agreement with the defence deductions in terms of erroneous interpretation and reading of the recorded conversation of 17 November 2007, of the account written by Ms K on 6 November 2007, of the results of biological and medico-legal tests, of the unreliability of the technical investigations carried out on the computer and mobile phone belonging to S, and has at length examined, including in the light of aspects formulated by the defence, the entire case file, explaining the reasons of its unequivocal value.

So, the argumentative development of the judgment reasoning is founded on a coherent critical analysis of the circumstantial evidence and on its cohesion in an organic interpretative framework, in the light of which the attribution to said elements of the requisite of gravity appears supplied with adequate logical and judicial plausibility, in the sense that they have been considered drivers, with a high level of probability, with respect to the theme of investigations concerning the responsibility, amongst others, of AMK, as to the crimes put against her.

From which, given the evaluation carried out the Re-examination Court on the level of inference of the circumstantial evidence and, therefore, on the more or less demonstrative character of the same in terms of probabilistic qualification of guilt even if not of certainty, it has to be highlighted that the impugned order exceeds the threshold of legitimacy demanded by this Court, whose bench cannot hold itself back from a checking of the respect of rules of logic and of conformity with legal canons which govern the appreciation of grave indicia of guilt, as prescribed by Article 273 Criminal Procedure Code for the ordering of provisions restricting personal liberty, without being able to draw on the intrinsic consistency of the evaluations reserved to the judges of merit.

4. Unfounded, finally, are the censures formulated by AMK’s defence, on the matter of custody requirements, the Re-examination Court having correctly evaluated them, with reference to the parameters to which letters (a), (b), (c) of Article 274 Criminal Procedure Code apply the extreme gravity of the crimes carried out, having had regard to their nature and their method of consummation, the negative personality of the suspect, which emerges from the outcomes of the investigations and from the served case conduct, the specific and binding requirements relevant to the investigations in relation to the clear and present danger for [evidence] acquisition and probative genuineness, considering the necessity for completing the testing and of proceeding with the gathering of other means of declarative proof, the outcome of the handover to Italian authorities, of RHG, as well as allowing corroborations to be made, also permeates the current contrast between the different versions so far furnished of what happened, the clear danger of flight, taking into account the foreign citizenship aspect of the suspect and of the penalty of more than two years’ imprisonment, impacting on the outcome of the recognition of her criminal responsibility.

5. Refusal of the appeal leads in law to the appellant ordered to pay procedural costs.

The Registry will provide for its carrying out as prescribed by Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

FOR THESE REASONS

Rejects the appeal and orders the appellant to pay procedural costs. Disposes transmission via the Registry a copy of the provision to the Director of the penitentiary institution per Article 94 paragraph 1-ter, and actuating provisions Criminal Procedure Code.

So decided in Rome, in Chambers, 1 April 2008.

DEPOSITED IN THE REGISTRY 21 APRIL 2008


4. Catnip Translation: Gemelli Report On Sollecito

Summary

Held: the decision to continue pre-trial prison detention for the suspect was reasonable.


THE REPUBLIC OF ITALY

IN THE NAME OF THE ITALIAN PEOPLE

THE SUPREME COURT OF CASSATION

SECTION 1 CRIMINAL DIVISION


Comprised of the most Honourable Justices:

Dr Torquato GEMELLI - President -

Dr Emilio Giovanni GIRONI - Member -

Dr Maria Cristina SIOTTO - Member -

Dr Umberto ZAMPETTI - Member -

Dr Margherita CASSANO - Member -

have pronounced the following


JUDGMENT

on the appeal lodged by:

(1) RS, born on X, against Order of 30/11/2007 Liberty Court of Perugia;

having heard the relation made by Member Emilio Giovanni Gironi;

having heard the conclusions of the Prosecutor-General Dr Consolo for its rejection;

having heard the defence advocates G and T (substituting for advocate M).


REASONS FOR THE DECISION


The order referred to in opening confirmed, at the Re-examination stage, the one by which the GIP [the Preliminary Investigation Magistrate] had applied pre-trial prison detention of RS for participation in the murder of MSCK, the which occurring in Perugia on the evening of the 1st of November 2007 by means of a cutting weapon, in an alleged context of sexual assault by a group, in which there would have taken part, in addition to S, his girlfriend AK and a RHG, who had left behind a palm print on the bloodied pillow on which the victim’s body was resting and whose DNA was found on the vaginal swab taken from the body of the same and on faecal traces found in a bathroom of the house that the victim was sharing with Ms AK and two Italian students.

The picture of circumstantial evidence specifically concerning S consists of the identification of a print left in haematic material present at the scene of the crime of a sports shoe held to be compatible, because its dimensions and configuration of the sole, with the type of footwear, “N” brand size 42.5, used by the suspect; of the recovery ““ in the kitchen of his house ““ of a kitchen knife bearing traces of Ms AK’s DNA on the handle and on the blade traces of Ms MK’s DNA; and of the collapse of the alibi put up by the young man (having been disproven by technical investigations carried out), in which, as asserted by him, he had interacted with his computer during the hours in which, according to the forensic pathologist’s reconstruction, the criminal fact would have occurred, that is between 22:00 and 23:00 of the 1st November 2007; from the investigations carried out up until now it would appear, in fact, that the last interaction with the machine on 1 November occurred at 21:10 and that the subsequent one took place at 5:32 the day after, when S also reactivated his mobile phone, acts witnessing thereby an agitated and sleepless night. Equally disproven was that the young man had received a phone call from his father at 23:00 on the night of the murder, it resulting, instead, that said call had happened at 20:40.

Against S, caught at the time of arrest with a switchblade initially considered compatible with the wounds found on the neck of the victim, would line up, in addition, the mutability of the stories given to the investigators by the same and by his girlfriend, having initially maintained they had remained the whole evening and night in the young man’s house, later to state, instead, that at a certain point Ms AK would have left to meet the Ivorian [sic] citizen PDL, manager of a pub in which Ms AK was undertaking casual employment, she making a returning to her boyfriend’s house only around one in the morning.

It must, finally, be added that the same Ms AK had, amongst other things, initially referred (not confirming, in any case, the thesis in confused and contradictory subsequent versions) to having taken herself to her own house with L, where this latter (he also was struck with a custody order, later revoked after the previously mentioned identification of G’s DNA) had had sexual relations with Ms MK, and to having, while she herself was in the kitchen, heard her friend scream, without, further, remembering anything else of the subsequent events, up until the occurrences of the day after, marked by the discovery of traces of blood in the small bathroom next to Ms MK’s room and culminating in the discovery of the body, after the intervention of the forces of law and order (the police appear, in particular, to have intervened prior to the call to 112 effected by S); in particular, the young woman was specifically pointing out not being able to remember whether S were also present in the victim’s house on the occasion of the events just described.

The Re-examination Court concluded recognizing, for the purposes of maintaining pre-trial detention, the persistence of all the types of pre-trial exigencies mentioned by Article 274 Criminal Procedure Code.

The S defence has indicated an appeal, on the grounds of, with new reasons as well:

  reference to Ms AK alone of the circumstantial evidence constituted by the presence of biological traces from her and from the victim on the knife found at S’s house;

  absence, at the scene of the crime, of biological traces attributable to the suspect [ndr: note, this was before the bra-clasp tests had been done];

  arbitrary transference onto S of the weighty circumstantial evidence against Ms AK, on the unfounded assumption that the pair could not have been anything but together at the moment of the homicidal fact;

  inexistent evidential value of the phases relative to the discovery of the body;

  absence of blood traces from the soles of the “N” shoes worn by the suspect even at the moment of his arrest;

  absence of any evidential value of merit, alleged failure of the alibi, constituting the use of his computer, of which the falsity has not in any case been ascertained, of the lack of interaction by the subject with the machine after the last operation at 21:10 not permitting the inference that the computer was not, however, engaged in downloading files (being, to be specific, films);

  irrelevancy of the mistake revealed between the indicated time of the phone call to the father furnished by S and the actual time of the call, given the uncertainty of the time of death of the victim, depending on the time, otherwise uncertain, of the consumption of the dinner (according to various witness statements coinciding with 18:00), it being well able, therefore, for the time indicated by the forensic pathologist (23:00) to be revised backwards to 21:00, a little before which time the witness P had referred to having made a visit to S, finding him at home and not on the verge of going out;

  interpretability of the so-called unlikelihood of the versions supplied by the suspect as attempts to cover for (aid and abet) another subject;

  attribution of the victim’s biological traces found on the knife seized at S’s house to chance contamination not related to the homicidal fact;

  insufficiency of the pre-trial exigencies, having diminished in a probative sense after the return to Italy of G; those relating to risk of flight lacking in specificity and concreteness; and with reference to the conventional content of blogs posted on the internet by the suspect, those relating to danger to society illogically reasoned;

  missing appearance of the young man’s walk, via security cameras installed along the route that the aforesaid would have had to traverse to go from his house to that of the victim’s.

The appeal is unfounded.

As regards what this Court is permitted to appreciate, not being able here to proceed with a re-reading of the investigative results nor with an alternative interpretation of the factual data referred to in the custody order, the appellant defence substantially contests the recognition, as against S, of the necessary requisite of grave indicia of culpability. The question thus posed and submitted for scrutiny by this bench of the well-known limits of the competence of the court of merit, it must be held that the finding expressed by the Re-examination judges concerning the gravity of the frame of circumstantial evidence is not susceptible to censure.

Not upheld, in the first place, is the defence submission according to which the knife bearing the genetic prints of Ms AK and of Ms MK found in S’s house would constitute a piece of evidence relevant solely as against the young woman, even if privy of traces attributable to the suspect, the utensil has as always been found in the young man’s house, and the testimony acquired up until now has led to the exclusion that it formed part of the inventory of the house inhabited by the victim, and which, at the time, and until proved to the contrary, must be held to be the same available for use by the suspect and which had been used in MK’s house, there being contested no access by her to S’s house.

Given the multitude of group contributive possibilities, the fact is not significative, then, in itself being a neutral element, that on the scene of the crime there are no biological traces attributable to S, to which, in any case, is attributable the “N” brand shoe print considered compatible, by dimensions and sole configuration, with the footwear worn by the suspect at the time of arrest. Although having the same impugned order excluded, at the time, the certainty of the identification constitutes as, in any case, a certain datum that the print in question had been made in haematic material found in Ms MK’s room by a shoe of the kind and of the dimensions of those possessed by the appellant, while it remains to be excluded that this could have originated from G’s shoe, who wore a size 45 and, therefore, dimensions notably larger. The revealed coincidence, notwithstanding the residual uncertainty on the identification, assumes particular valency in relation to the restricted circle of subjects gravitating to the scene of the homicide, with not even Ms AK, who made admissions about her presence on site at the same time as the execution of the offence, excluding the presence of her boyfriend in the victim’s house in the same circumstance; nor can it be held that the print could have been left by S the following morning, he never having claimed to have entered into the room wherein the body was lying.

It does not answer, therefore, to verity that, as against the young man, there had been recognized, by a phenomenon of transference, items of circumstantial evidence in reality pointing solely to Ms AK.

The last finding held unfavourable to S is constituted by the failed proof of the alibi constituted by the argument of the suspect as having remained at home on the computer until late at night; it being a matter of, properly speaking, an alibi failing up till now and not of a false alibi and the defence, correctly, does not refute the technico-judicial valency of the circumstantial evidence, but it remains, in any case, acquired into the case file that the accused had not been able to prove his absence from the locus of the crime at the same time. An item up until now assumed as certain is, instead, the fact that S had interacted with his computer at 5:32 the morning following the murder, at around the same time reactivating his own mobile phone, a contradiction of the assumption of a waking up only at 10:00 and a symptomatic tell-tale of a more or less sleepless night; likewise as symptomatic was held to be the nearly simultaneous cessation of telephonic traffic as much by Ms AK, in his company the evening of 1 November 2007.

The proof of a permanent stay in his house by the suspect can, all told, be considered as acquired up until 20:40 ““ coincident with P’s visit ““ who confirmed his presence, or up until 21:10, the last interaction time on the computer, but this does not cover the time of the homicide, located between 22:00 and 23:00.

As for the proposed argument that S’s conduct were interpreted as aiding and abetting, this does not result, in the event, as being supported by anything emerging from the investigations and its plausibility cannot be verified by the judges of merit.

In conclusion, the Re-examination Court’s evaluation as to the gravity of the circumstantial evidence picture are removed from the audit of this court.

There remains, finally, the finding that for what concerns the pre-trial exigencies, those of a probative nature are not able to be considered as ceasing from the sole fact of G’s re-entry into Italy (amongst other things significantly never invoked in the statements by the suspect and by his girlfriend, who instead co-involved L in the proceedings), given the existence of an investigative picture in continual evolution, in which the positions of the various protagonists so far remain unclear, the changing versions of which are marked by reticence and mendaciousness (the same suspect had, in truth, admitted to having, at least initially, told “˜a load of balls’); but the permanence of pre-trial exigencies had been held reasonablely even under the aspect of flight risk, in relation to the gravity of the charges and of the potential sanctions, not to mention danger to society, given the revealed fragility of character and the specific personal traits of the subject, ““ which would narrowly evaluate as innocuous youthful stereotypes ““, in a context the more connoted by the noted habitual use of drugs.

FOR THESE REASONS

Rejects the appeal and sentences the appellant to payment of costs of the proceedings. Article 94 para 1 ter, and activating provisions, Criminal Procedure Code, applies.

Rome, 1.4.2008.

DEPOSITED IN THE REGISTRY ON 21 APRIL 2008

5. Highlighting Of Relevant Hoax Points

Shown in bold in the statement on Knox are:

(1) the defense appeal against the use of Knox’s 5-6 November statements framing Lumumba (reason given was ONLY no lawyer being present - a need which Knox herself had shrugged off when she herself insisted on writing out the 1:45 am and 5:45 am and noon statements) and there is zero mention of abuse;

(2) Cassation’s reasoning why the first 2 Knox statements (the 1:45 and 5:45) can indeed be used, in the “sub-trial” addressing the calunnia against Patrick, and the third (scribbled around noon) can be used in the main trial.

In neither statement is there any ruling of “illegal” regarding any actions by any interrogators. The Knox shills often falsely claim there was.


Saturday, November 15, 2014

The Status Of The Various Computers In The Case #2 New Developments

Posted by Sallyoo





Please first see my previous post and my several updates in the Comments thread.

There has been a new flurry of interest in Raffaele’s computers following the publication, on iip, of a report prepared by Prof. Alfredo Milani. It is available in both in Italian and English, (translation prepared by iip.)

The report isn’t dated, but it was prepared after the Massei report had been published, and it was taken into evidence at the Hellmann appeal. Milani credits another defence computer expert, D’Ambrosio, with a lot of the content.

There have been (to my knowledge) three “˜defence computer expert reports’ prepared. The first, signed by Angelucci in March 2008, is concerned primarily with the damaged hard disks of the Asus of Sollecito, and the computers of Meredith Kercher and Amanda Knox. This report was commissioned by Dalla Vedova and has not (as far as I can determine) ever been taken into evidence, or even mentioned in court.

The salient point in this document is that the data was recovered from the disks of Sollecito’s Asus and Meredith Kercher’s computer.

Then we have D’Ambrosio testifying at Massei (available), accompanied by a report written by D’Ambrosio and Gigli taken into evidence (not available).

At Hellmann we have the Milani report. Raffaele mentions Alfredo Milani in his book as one of his professors.

There isn’t a lot of (strictly computer) information in it which goes beyond D’Ambrosio’s testimony, although the tone is very different. While D’Ambrosio was relatively generous to the police computer analysts, appreciating the procedural retrictions which they worked under, Milani gets close to being offensively insulting to those tehnicians. (Compare with the Conti/Vecchiotti tactics”¦)

Milani attempts to make us believe that two “˜grave methodological errors’ committed by the postal police have concealed data which would provide an alibi.

Firstly he spends much time outlining the MacOS, in every release, and tells us that because the postal police used an “˜analogous but not identical’ MacBook a tiny difference in the release number of the operating system renders their analysis unreliable. This is impossible to acept for two reasons - firstly that the OS employed resided on the cloned disk from Sollecito’s own MacBook, but more importantly the precise OS release would not affect in any way the reading of the log files.

Secondly, he unwisely reminds us of inodes (log files). These files are regularly archived, in compressed form, and this archive is not overwritten. The archive isn’t very simple for an ordinary user to search, but such a search is certainly within the capabilities of an “˜expert computer consultant’. If Milani had discovered anything - such as a use of the Samba utility via the Asus which would have been recorded - he would have told us about it.

He also includes some gratuitous comments - which are rather fun - so we can move onto those now!

Milani has trawled up a keyboard interaction (on Sollecito’s Mac), at 22.04 on November 5, when he assures us that Sollecito was in the questura. Well, every other piece of evidence has Sollecito not arriving at the questura that evening until at least 22.30 - but Raffaele has always claimed to have been eating with a friend when he received the phone call at 21.30 asking him to attend the questura. Was Sollecito at Riccardo’s? Did he nip home (why) before going to the questura? We shall never know, but Milani has given us reason to speculate.

He also offers us the playlist of the music tracks both listened to and skipped between 05.40 and 06.20 (approx) on the morning of Nov 2 - which for some reason he erroneously asserts that the postal police failed to identify as an interaction. You can form your own opinion on the musical taste of the listeners, Nirvana and Bon Jovi feature.

Additionally we learn that one of the films “˜recently viewed’ was Suicide Club, a Japanese cult movie, which can charitably be described as Extreme Fantasy. We also discover that in the CD drive was music from Blind Guardian - a German heavy metal band who used fiction/fantasy themes in their lyrics. (I am left with the impression that Sollecito and Knox were determined not to live in the real world during this period).

A further couple of snippets, the first from an intercepted conversation in prison between Raffaele, his father and his stepmother, Marisa Papigni:

FS:....have nothing to do with [rude in italian] ... and they understood ... now this morning or Monday there will be also the checking of your computer ... they have already cloned the hard disk .. “

RS: “”¦ my concern of the computer is basically that if I came ...”

Marisa Papagni: “Hey ... there is a monster on your computer ... there is a monster ... “

RS: “Forget it ... the fact about the computer is if I have spent much time with Amanda ... there is not all this time I have spent with the computer ...”

FS: “If Amanda was home ... if she was out, wtf were you doing? ... were you at the computer?” .....

And from Honor Bound:

Papà  told him about the data from my computer”¦.but still Maori was skeptical. “Why don’t you let me see it?” he asked.

My father didn’t have the data with him, but he said his brother, Giuseppe, could fax it over.



Below: Professor Milani; Perugia University School of Mathematics & Computers


Wednesday, November 05, 2014

Denial Of Parole For Rudy Guede Could Be Yet More Bad News For Knox And Sollecito

Posted by Peter Quennell



Above and below: Mammagialla prison at Virterbo north of Rome where Guede is


Rudy Guede has been in prison at Viterbo for seven years less only several weeks now.

Despite his claims via closed-circuit TV that he has had an exemplary record and has nearly finished a college degree, the Italian parole oversight board in Rome has just declined his work release application.

Rudy Guede has been treated fairly, and does seem to have behaved himself, and there is zero evidence he was on a crime wave or dealt drugs or acted as a snitch for the Perugia police.

Despite that, he has never been given any breaks in the past seven years except as described here by the current system. 

That post in fact reflects the view of a number of pro-victim Italian judges and prosecutors who personally incline toward the UK and US practice of plea bargaining under which the accused puts realistic evidence on the table and rolls over on accomplices and shows real remorse, in return for which lesser charges are arrived at.

The grounds for refusing work-release parole were not published, but if this is a way of pressuring Guede into further pressuring Knox and Sollecito? Go for it.







Wednesday, October 29, 2014

The Knox Interrogation Hoax #15: Dr Mignini’s Account Of Formal Warning Session Ending 5:45 AM

Posted by The TJMK Main Posters



Dr Mignini examines Knox July 2009 on the “interrogation” at her own initiative

1. Overview Of This Post

Post #1 includes an overview of the entire series and links to all posts up to this one.

Knox has repeatedly claimed that Dr Mignini was present at the informal summary/recap session led by Inspector Rita Ficarra, the actual purpose of which was merely for Knox to suggest a few possible leads the police might interview.

He wasn’t there, though. And he has repeatedly explained that at the second session ending with a second insisted-upon statement by Knox at 5:45 AM, his entire role was to read Knox her rights, and to advise her to say no more until she had appointed lawyers. (Regardless, she then insisted on dictating that second statement.)

Dr Mignini more than anyone else at the central police station that night developed a complete overview of how the two sessions had proceeded.

THREE TIMES Knox willingly put herself under his questioning (December 2007, January 2008, July 2009) to attempt to shake this. While his questioning was formal, polite and quite mild, Knox’s recollection of 5-6 November was scrambled or devious (some think she and RS were both high on hard drugs).

So by the end of those sessions Knox seems to have made a complete disbeliever of Dr Mignini, swayed few if any in Italy, and certainly did not sway the judges of the trial court or any appeal court.

But few English-language reporters other than Andrea Vogt, John Follain and Barbie Nadeau have interviewed and reported Dr Mignini in depth fairly, and there are a number of English-language reporters to whom he kindly gave time who mangled what he lucidly and fairly explained to them.

In July 2009 Dr Mignini wrote an acerbic email to Linda Byron of Seattle TV to attempt to straighten out her own understanding, and although she seemingly tried to hide it, we captured it and translated and posted in full his explanation.

Highly worth reading.

In mid 2011 a similar thing happened. Drew Griffen of CNN was given a three-hour on-camera interview - and sarcastically broadcast cherrypicked and mangled responses from Dr Mignini. Again we obtained Dr Mignini’s full statement, and Skeptical Bystander posted the whole thing in three long parts, with translation by Clander, Yummi, Jools, Thoughtful, TomM and Catnip.

Again, highly worth reading.

In the first 20 minutes of the second hour of the interview, Drew Griffen tried to give Dr Mignini a hard time over the so-called Knox interrogation. Drew Griffen was abysmally informed of the testimony at trial we have been posting and had no idea of the substance of Knox’s one interview on 5-6 November or the fact that this was merely a recap/summary session not ever requiring recording.

Dr Mignini had not himself testified at trial, and he led the testimony of others present on 5-6 November very fairly and without defense protests about any bias. And Dr Mignini is not under oath here. However this 20-minute segment is important, for it reinforces that Knox was treated extremely fairly and she had no genuine reason for complaint about it.

2. From Mid-2011 Interview By CNN With Dr Mignini

0’40’’ English question [Translator’s note: These words are in English in the Italian transcript of which this document is a translation.]

0’48’’ CNN: You didn’t interrogate Amanda?

0’50’’ Mignini: Oh, the police interrogated her. I was told about it. I wanted to explain this. I remember that I had gone to sleep and the director of the flying squad, Dr. Profazio, called me, because he tells me: “There are developments; Raffaele in fact has denied what he had said before”. So I went down and the head of the flying squad told me what had happened. At some point they tell us that Amanda has made this statement.

And thus her interrogation as a person informed of the facts was suspended by the police in compliance with Article 63 of the Italian Code of Criminal Procedure [c.p.p. - Codice di Procedura Penale], because if evidence appears that incriminates the person, the person being questioned as a person informed of the facts can no longer be heard, and we must stop. “Everyone stop! There must be a defense attorney [present]”. And thus the police stopped and informed Amanda, who had placed herself on the scene of the crime and who said that she had accompanied Lumumba and let him in and that then Lumumba, in the other room, allegedly committed a sexual act and killed Meredith. This is what she said.

2’11’’ Then I was called, I was informed about this, I went to Amanda who, I remember how she was, what she looked like, I remember her very well, she remained imprinted in my memory, I still remember then two things about Amanda that struck me at the time: first, she looked like she was relieved of a burden and second, she was like, and this is another detail that was impressive, it seemed as if she was terrified of Lumumba.

20’48’’ Then I, as I had in some way to, let’s say”¦ this police interrogation had been suspended. At that point I remember that”¦ they made me notice that Amanda, because she wanted to go on talking, I remember she had, like a need to. So I told her: “you can make statements to me; I will not ask questions, since if you make a spontaneous statement and I collect it, I will collect your statement as if I were in fact a notary”. She then repeated [her story] to the interpreter, who was Mrs. Donnino, I remember there was a police woman officer who wrote the statement down [verbalizzava], I did not ask questions. She basically repeated what she had told the police and she signed the statement. Basically I didn’t ask Amanda questions. Not before, since the police asked them and I was not there, and not after, since she made spontaneous statements. Had I been asking her questions, a defense attorney should have been there. This is the procedure.

05’24 CNN: She had an interpreter during the whole time?

05’26’’ Mignini: Yes.

05’29’’ CNN: She says no.

05’32’’ Mignini: Look the interpreter was there, when I heard her there was the interpreter. The interpreter Anna Donnino, who is an interpreter for the police; she was hired by the police.

Just like I believe that there was [before], I do not have the minutes now, but yet now this is a fact, it is undisputed that there was an interpreter.

06’02’’ CNN: Amanda Knox says she was interrogated for 14 hours”¦

06’11’’ Mignini: No, look, absolutely not. At 1 a.m., the minutes of Nov 6th has started at 1 a.m. and I arrived, 14 hours that cannot be, we are really”¦ that’s absolutely impossible. So the minutes were done at one o’clock, then the minutes of the spontaneous declaration was taken at 5.45, it maybe lasted half an hour because no questions were asked. She made her statements; they were translated; then at around 8 a.m., I think, at approximately 8, I drew up the detention order. Thus it is”¦ well, she had been heard earlier, so she had been questioned as a person informed of the facts at around one forty-five a.m. She had previously been heard by a female police officer, but [that’s] because she had gone voluntarily to the police and she reported that, she said things quite relevant to the investigation of Raffaele and was heard by the inspector [Rita] Ficarra. However this [event] ... I was not there, I do not know [about it]. But remember, there are the minutes. Then the minutes in which she was questioned as a person informed of the facts starts at 1:45 of November 6, and cannot have lasted 14 hours ... in no way whatsoever. Then she was arrested at around 8 a.m. or at about 9 a.m. or so.

08’16’’ Mignini: Look, I remember what I saw when I saw her personally, because she said, I told her: “you can make, if you deem it [necessary], a spontaneous statement, because Italian law provides for this. If a person is aware that he/she is suspected [under investigation], may request to speak before a magistrate, it happened many times, they came also to me, and they say “I want to make a statement”. Very well, I listen. If I listen, I wanted this to be highlighted”¦. to be clear, I listen and that’s all, and I ask no questions, the defense attorney may be not present. But if I ask questions and I object to the facts [of your answers], it is like an interrogation and thus we would need a defense attorney.

09’10’’ CNN: was [Amanda Knox] scared?

09’11’’ Mignini: Well, I recall this feeling that I had in that moment which, [as] I am explaining to you, in the spirit in which I am doing this interview, to explain to you the acceptance [adozione] of our requests [provvedimenti], what was, why the trial went in a certain way. [Translator’s note: The Italian in the CNN transcript is nearly incomprehensible. We have provided the foregoing on a best effort basis.]

09’36’’ She was, she seemed to me like she was uplifted, freed of a weight, and terrified of Lumumba. That’s an impression that has stayed with me, yet I don’t understand. I remember that there was a policeman who was called, from the SCO [Servizio Centrale Operativo] in Rome, who made an impression on me because he was very fatherly. She was crying as though freed of a great weight, and he was trying to console her. I remember there was also a policewoman who, well, she”¦[missing word?] and I’m sure that.. [missing word?] .. well, all that picture how it was described later”¦ at that moment it wasn’t like that. Right then, there was a situation in which I was trying to console her, to encourage her, because actually we believed that she had told the truth.

11’03’’ CNN: No one hit her?

11’06’’ Mignini: No, look, absolutely not. I can state this in the most positive way, and then, let’s say”¦ I wasn’t there when she was being questioned by police, the rooms are quite far away”¦ you don’t know but I was”¦ it’s quite far, there’s a corridor, and I was with the director, Dr. Porfazio, and she was being questioned in a different place. I also remember that passing through, I also saw Sollecito who was alone in a different room; he was also being questioned, as I recall. I don’t exclude”¦well”¦it’s clear that I wasn’t there, but I don’t believe that anything whatsoever happened, and in my presence absolutely not.

11’55’’ On the contrary, there was an attitude of”¦ I mean they gave her [some] ... [missing word?] then she was like, you know, like someone crying from a sense of liberation, as though she had been freed. That was the attitude.

12’51’’ CNN: Why wasn’t there any video or transcript of those hours?

13’00’’ Mignini: Look, that’s, I was at the police station, and all the”¦let’s say”¦when I made investigations in my own office, I taped them. I taped them, we have an apparatus for that, and I transcribed them. For example, there’s the interrogation of the English girls, Meredith’s friends, it was all taped. The interrogations of Amanda in prison were taped, and then transcribed, and we have the transcripts of”¦ But in a police station, at the very moment of the investigation it isn’t done, not with respect to Amanda or anyone else. Also because, I can tell you, today, even then, but today in particular, we have budget problems, budget problems that are not insignificant, which do not allow us to transcribe. Video is very important”¦I completely agree with you that videotaping is extremely important, we should be able to have a video recording of every statement [verbale di assunzione di informazioni] made Because what is said is very important, but it’s maybe even more important how it is said, the non-verbal language. Because from the non-verbal language you can [missing words].

15’14’’ Mignini: It isn’t only Amanda, it’s always like that. But I wanted to say that I agree with him that it’s fundamental, only there’s a problem, especially when the witnesses are so numerous, and in fact just recording, I mean recording the sound, isn’t enough according to me.

15’38’’ CNN: It doesn’t cost much, he says.

15’40’’ Mignini: Well we have significant budget problems, that’s what it is.

15’38’’ CNN: So in the end, you did get a confession. But then, everything that was written in the confession became a lie?

16’16’’ Mignini: But then, there was the fact that she placed herself at the scene of the crime, and Lumumba wasn’t there, together with the three of them, the two of them, but Rudy was there, according to the facts that emerged later. But the fact of having accused”¦and she’s even accused of calumny in regard to Lumumba, was an element that was very important from the point of view of her legal position at the trial. Why accuse someone of participating in a crime, placing yourself at the scene of a crime? Because with those declarations, she placed herself at the scene, at the place of the crime. And she placed someone there who was a complete stranger to it. Why did she do that? There is one detail that’s particularly significant. Above all when Lumumba was arrested and no one ““ if it hadn’t been for the Public Prosecutor’s Office that conducted the investigation, and that is mandated to seek elements in favor of the accused, Lumumba would have stayed in prison. But we investigated, and we saw that Lumumba wasn’t involved, that he was the object of calumny and so he was freed and the case against him was archived.

18’15’’ CNN: Was she asked to imagine what might have happened?

18’24’’ Mignini: No, absolutely not. Either you saw a person or you didn’t. I can’t ask someone what they imagine because it would be a question that doesn’t mean anything, that I even don’t understand.

This really does finish our posting of the case for the prosecution on this “interrogation” issue, though at least half a dozen other investigators provided supportive testimony which we have not yet quoted.

Next, how all of the Italian courts up to Cassation concluded that Knox’s claims were unsupported, contradictory, and damaging, and how her three-year prison sentence served was well justified.


Wednesday, October 22, 2014

The Hundreds Of DNA Samples Taken And Analyses Done, Shown In Table Form

Posted by Olleosnep




1. Even Excluding DNA, There’s Massive Evidence

Contrary to foolish claims elsewhere, there’s a great deal of evidence implicating not only Guede but also Knox and Sollecito in the brutal murder of Meredith Kercher. 

The bulk of the evidence is circumstantial, and encompasses different categories of evidence, such as: wounds sustained by Ms. Kercher;  ear and eye witnesses;  footprints; shoeprints; fingerprints and lack thereof; blood patterns; evidence that Ms. Kercher was moved after she died; misplaced items in her room and in the cottage; evidence of partial clean-up; cellphone records; computer evidence; evidence of staged break-in; lack of evidence of actual break-in; statements by all three defendants; lack of alibis; lies by Knox and Sollecito; etc.

A lot of the most critical evidence has been repeatedly reviewed by many different judges involved in the case, from Judge Micheli to Judge Nencini, and led to the unanimous verdict at trial now confirmed by Appeal Judge Nencini. 

2. The Massive DNA Evidence Is Equally Conclusive

We have carried nearly five dozen DNA posts previously on the Scientific Labs work in 2007-09, the discredited judges’ consultants work in 2011, and the Carabinieri Labs work in 2013.

They go to prove that some of the most damning evidence comes from the DNA traces found on hundreds of samples tested by the Forensic Genetics department of the Italian Scientific Police squadron in Rome. The department was presided over by the biologist Dr. Stefanoni at the time [seen above left with Prosecutor Comodi] who acted as the department’s principal technical director.

The results of Dr. Stefanoni’s work were collected in several reports issued by her lab during the 2008-2009 investigation and trial phases. Of these reports, two reports in particular comprise a “˜survey’ of the work performed by her lab at the time: the “Genetic Tests” report (GT), and the “Stato Avanzamento Laboratorio” report (SAL). Both reports are available on the Meredith Kercher Wiki.

These two reports are notable for highlighting the large quantity of testing done and the significant number of objects and items sampled. In addition, the reports not only look at items with blood traces, but also traces of skin cells, feces, semen, and above all, hair traces, an aspect of the evidence that has been largely glossed over in the testimony and in the motivation reports.

3. For The First Time A Complete DNA Roadmap

The DNA Spreadsheet will open using Microsoft Excel or alternatives such as the free OpenOffice. Please note the table is very wide.

In order to better understand the extent of the work and types of the tests performed, I have taken the data that can be gleaned from these two reports and placed them into a single spreadsheet, in order to create a kind of “˜database’ of the testing and analyses done.

This spreadsheet uses the GT report as a basis, followed by additional information obtainable from the SAL report.

The spreadsheet is basically a list of each sample, object and/or test done by Dr. Stefanoni’s team. These include tests done for DNA analysis, testing done for Y haplotype analysis and hair sample analysis. In the SAL report, it is shown that a few samples were tested multiple times. The list also includes some objects which were not analyzed at all, or were only analyzed up to a point.

It should be noted that there are a few difficulties with the reports. The GT report references an associated photographic report that has not been made available. The GT report is also missing a couple of pages and the descriptions of the results are at times inconsistent. Other times it can be tricky to follow exactly what tests were done. Because the report is a black and white scan of an original likely printed in color, some of the information in the tables is difficult or impossible to read. And some traces are missing result tables altogether.

The SAL report is also incomplete. The luminol samples at the cottage and all the samples taken at Guede’s apartment are missing, as are other samples. The scanned pages in the PDF are out of order, making cross-checking with the GT report tedious. The SAL report does not have all the test data indicated in the GT report. For instance, the human antibody tests noted in the GT report are not indicated in the SAL report. The data in the SAL report is often not as complete as one might think. As an example, all hair samples were logged and assigned a sample number. But those hairs that had no DNA extracted, do not have a date of when they were analyzed. Presumably they were all analyzed as a set for each item, given that the sample number is frequently numerically sequential (i.e. 47084, 47085, 47086, etc.). But it’s not possible to say with certainty when the hairs were reviewed from the report.

Nevertheless the GT and SAL reports do have significant information that is of interest to the case. Hence the spreadsheet.

4. Some Guidance For The Use Of The Spreadsheet

Spreadsheets can be useful for presenting various pieces of data together “˜at a glance’. But the real power of spreadsheets for this type of data is that rows can be sorted in order to group similar pieces of data together, allowing one to get a overview of subsets of data.

So, for instance, if one wanted to order all the rows by “˜sample number’ to see the sequence of how they were processed in the lab, one need only highlight all the rows (done by clicking on row number 5, holding down the “˜Shift key’ and paging down to the bottommost row), then go to menu option “˜Data’ and then “˜Sort’ and select the column or columns to sort by- “˜AF’ in the case.

Or perhaps one wants to sort by “˜DNA yielded’ and “˜building’ to see where someone’s DNA was found. Simply select all the rows again, select the menu option “˜Data’ and then “˜Sort’, and select the first column as “˜DNA yielded’ (or column AD), then select as the second column as “˜building (or column F).

To return to the original order, select all rows again and sort on column A.

Note that the first four rows in the spreadsheet are “˜locked’, in order to allow the column headers to be always visible.  If one wants to unlock these rows, select the whole spreadsheet by clicking on the upper left corner of the window where the column header labels and row numbers meet. Once the whole spreadsheet is selected, go to “˜View’ option and select “˜Unfreeze panes’. For Excel version 2007 and higher, click on the little arrow to the right of “˜freeze panes’ button on the menu bar, and there will be the option to unfreeze panes.

If one is handy with Access, or any other database program, it should be possible to import the spreadsheet into that database program, allowing one to perform more powerful “˜queries’.



The Rome headquarters of the Scientific Police which work closely with the FBI

5. Explanations Of Some Of The DNA Data

The data in each column was obtained directly or indirectly obtainable from the two reports by Dr. Stefanoni’s team.

1) Column “˜A’ allows one to resort rows to their original order, which is based on the order of the “˜item number’ noted in the GT report.

2) “˜Item number’ refers to the actual piece of evidence, whether an object sampled onsite or an object that was bagged and taken to the lab, as noted in the GT report.

3) “˜Original item label’ is data provided in the first pages of the GT report, as a way to tie the evidence item back to evidence markers used at the crime scene, and visible in some of the crime scene photos.

4) “˜Page in attached photo report’ indicates that there is an adjunct “˜photo report’ Dr. Stefanoni provided that has not yet been released, and likely has photos of the evidence items “˜in situ’. This information is also noted in the beginning item lists in the GT report.

5) “˜Sample date’ is based on the dates noted in the beginning list in the GT report, indicating when the evidence item was sampled or taken from the crime scene. This is sometimes difficult to read, due to the fact that the report was apparently printed in color and the black and white scan hides or obscures some text and graphics.

6) Columns F-K are location and object data, obtainable from the descriptions in the GT report, especially the first pages that provide a list of where evidence samples were obtained. I broke this data down into various categories to allow different possibilities of grouping the data.

7) “˜Sample obtained’ indicates the type of biological substance that was assumed to contain DNA. This was first obtained from the GT report, and later corrected with the data from the SAL report, which has a more consistent description of what the sample was assumed to be.

8) Columns M through AC list data either directly reported in the GT and SAL reports, or interpretable from them. Column M notes if an item was analyzed or not. In the GT report, unanalyzed items are noted in the beginning list as “˜not analyzed’ though not consistently. In the SAL report, they are noted as having 0 samples.

9) “˜Trace number’ was obtained from GT report, though on a few occasions, the actual number is not clear. Note that the number “˜starts over’ for each evidence item. Sometimes the trace number is sequential, independent of whether it is blood or hair or skin cells. Items having the most traces are those that were “˜heavily’ sampled, including Sollecito’s sneakers, the duvet, Ms. Kercher’s sweat jacket, her jeans, the kitchen knife, the kitchen sponge, etc.

10) “˜Additional trace info’ is additional information noted from both reports about a specific sample.

11) Column P “˜revealed in luminol?’ indicates with a “˜yes’ those samples obtained during luminol analysis. What often gets overlooked is that luminol analysis was performed not only at the cottage, but in Sollecito’s car, Sollecito’s apartment and Guede’s apartment. Notable here is that 14 different samples were obtained from luminol analysis at Sollecito’s apartment. While the DNA data yielded was meager, what is important is not the actual data yielded, but the number and location of samples investigated, including samples from door handles, and different locations like the bathroom, bedroom and kitchen. There was certainly a suspicious amount of blood, bleach or turnip juice at Sollecito’s place!

12) “˜Date of extraction’ comes from the SAL report, though, as mentioned above, it is not consistently reported for every trace or sample analyzed. This indicates when DNA processing occurred on a sample. This column is important to look at when discussing the issue of lab contamination. If one performs a sort on this column and on the “˜sample number’ column, one can clearly see that samples were processed in batches, often a week or two weeks apart. So for instance, claims that the sample 36B happened due to contamination at the lab is really not possible, given that Ms. Kercher’s DNA was analyzed one week earlier (11/5/07 and 11/6/07) and sample 36B is the only sample to contain Ms. Kercher’s DNA from all the samples analyzed on 11/13/07. Similarly, Sollecito’s DNA and Guede’s DNA are only found once each of all the items analyzed on 12/29/07, yet the last time Sollecito’s DNA had been analyzed was on 12/17/07, 12 days earlier. So the likelihood of lab contamination seems extraordinarily small, just from the dates of when samples were analyzed.

13) “˜TMB test positive’ was originally obtained from the GT report. Again because that report is likely in color, a number of tables have either missing graphics or are missing tables altogether. Fortunately the SAL report has duplicated this data consistently.

14) “˜Human antibody test positive?’ is obtained from other tables in the GT report, almost always paired with the TMB table. In some cases where the table data is illegible, I’ve placed a “?” in front of an assumed result. Curiously, this test is not shown in the SAL report.

15) “˜Cat antibody positive?’ is from the GT report, shows that the basement apartment blood samples were all made a by cat, which Dr. Stefanoni comments on in her Massei testimony.

16) Apparently they also ran “˜dog antibody’ testing as well, as is noted in the GT report.

17) “˜DNA extraction done?’ indicates if a decision was made to extract DNA. This was inferred from the GT report. Notable here is that even with samples having cat antibodies, Dr. Stefanoni does the DNA extraction anyway to make sure no human DNA is in the sample.

18) “˜Quantity extracted’ comes from the SAL report. This refers not to the amount of DNA extracted, but specifically to the amount of liquid (50, 100 or 150 microliters) filtered through the Qiagen Bio Robot EZ1 machine. This machine actually filters or purifies the sample, removing all other biological materials like cells, bacteria, etc. leaving only actual DNA molecules which can then be processed. This extraction process is also the quantification process, where from a 50 microliter sample a certain amount of DNA is found and quantified.

19) “˜Human DNA found during quantification’ was inferred from the GT report. It should be noted that for Dr. Stefanoni’s team, DNA analysis involved finding DNA useful for comparison. This means that Dr. Stefanoni was not looking for a sample of any human DNA, but a sample sufficiently “˜complete’ to be able to compare it with others samples. So it was likely often the case that a trace might have snippets and pieces of DNA, but these pieces were either too small or too fragmented to be useful for any profile comparisons. So “˜No’ in this column means not so much that no DNA was found at all, but that no DNA was found that could be useful for comparison.

20) “˜Decision to amplify and analyze’ was obtained from the GT report. Sometimes it is explicitly mentioned in the description of the results in the GT report. Other times, it can be inferred from the lack of tables.

21) “˜Concentrate sample with Speed VAC 110’ means that where “no human DNA was found” (i.e. when no DNA was found sufficiently complete or in sufficient amounts useful for comparison), Dr. Stefanoni decided to process the sample further in an effort to “˜bring out’ whatever DNA there might be. This was done using a “˜concentrator’, which dries the samples and vacuums them, thereby reducing sample fluid to make any DNA present more easily found by the subsequent DNA processing equipment.

22) “˜STR amplification’ is the DNA copying process whereby any DNA found is copied millions of times to obtain samples that can be adequately rendered by capillary electrophoresis. The process Dr. Stefanoni used is described specifically in the GT report for evidence items 12 and 13.

23) In some cases “˜Y chromosome amplification’ is also done. While this may be done at the same time by the same machine, I took any Y chromosome amplification to be a separate test, since per the GT report, it sometimes yielded different results. In a few cases, it is not clear from the GT report if Y chromosome amplification was done on only one sample, or on all the samples of an evidence item. In those cases, I assumed all the samples.

24) “˜Capillary electrophoresis’ is where DNA is rendered through a chemical/electrical process that tags DNA particles with fluorescence. These fluoresced particles are then read by the software of the machine and mapped onto a graph that shows DNA particles as “˜peaks’, which are an indicator of quantity of DNA found. The software of the machine then produced graphs of the peaks obtained and it is these graphs that Dr. Stefanoni and her team used for profile comparison.

25) “˜DNA yielded’ is what is indicated in the GT report and is based on Dr. Stefanoni’s comparison of the DNA profile(s) shown by capillary electrophoresis to index DNA samples she had of Sollecito, Lumumba, Guede, Knox and Ms. Kercher.

26) “˜Egram number’ is taken from the GT report.

27) The “˜sample number’ was taken from the GT and further completed by the SAL report, which has the sample numbers for all samples, whether they were analyzed for DNA or not. The sample numbers are useful for indicating what was happening at the Dr. Stefanoni’s lab. As an example, if one does a sort on column Q (Date of extraction) and column AF (sample number) one can see that between 11/5/07 and 11/6/07, there is gap of 129 samples that were likely performed for another case. The last sample analyzed on 11/5/07 was 47082, and on 11/6/07, the next sample number is 47211. So presumably her lab ran 129 additional DNA tests on samples related to other cases between these two runs. Generally the sample numbers increase sequentially by date, but there are a few exceptions. One in particular is sample 47821, which appears as the last sample on 11/23/07, though samples starting on 11/26/07, three days later, start with sample number 47711. This implies that samples were probably numbered in batches (by sticking numbered labels on tubes or bags) and not necessarily right before extraction or other machine processing was done.

28) “˜Compatibility notes’ are extra comments noted by Dr. Stefanoni in the GT report.

29) “˜Likely substance containing DNA’ is interpretable from the GT and SAL report and the results of the testing done.

30) Finally there are columns related to hair analysis. “˜Type of hair’ comes from the SAL report, and it is sometimes, but not consistently or legibly, noted in the GT report.

31) “˜Hair color’ provides a description of the hair color. Notable is that the hair description is quite consistent, with black, blonde, chestnut, light chestnut, red chestnut being the more significant categories. This is available in both the GT and SAL report and both reports match.

32) “˜Hair length;’ is obviously the length of hair analyzed. I’m not sure how this was done since the machinery used is not indicated in either report. Again, this is in both reports, and again the data matches in both reports.

33) “˜Hair width’ is the diameter of the hair in micrometers, and is available in both reports.

34) “˜Hair marrow’ is found only in the SAL report, and presumably describes the condition of the very core of the hair.

35) “˜Hair end condition’ indicates whether the end of the hair is “˜cut’, a “˜point’, frayed or otherwise.  This is found in both reports.

36) “˜Bulb phase’ relates to the particular phase of hair growth, with DNA apparently present in the hair bulb only during the initial growth phases of the hair. This too is found in both reports.

37) “˜Hair remarks’ are any comments related to hair samples.

38) Lastly, the “˜remarks’ column contains my notes on a particular sample or test, indicating discrepancies or explanations of what I was able to understand.

As noted above, the SAL report does not contain data for all the samples. Per Dr. Gino’s testimony in the Massei trial on 9/26/09, additional SAL sheets were apparently released that indicate that TMB tests were done on the luminol samples at the cottage and that these tests were negative. However it should be noted that TMB is less sensitive than luminol, so it is possible that a luminol sample could be in blood, which however is too diluted to be registered by a TMB test.




6. More Commentary On the DNA Extracted From Blood

1) DNA is only found in white blood cells, not red blood cells

2) The luminol reacts with the iron in red blood cells, not white blood cells

3) Red blood cells outnumber white blood cells by roughly 600 to 1

4) Even if DNA is found it may be not usable for comparison

So just because there is a positive luminol or TMB result does not mean that DNA can be found.

7. More Commentary On The Resulting Statistics

At the bottom of the spreadsheet are some interesting statistics, which I won’t reiterate here, except to note a few things.

a) 227 different objects or site objects were sampled/ obtained for analysis. 30 of these were not analyzed at all. From the remaining 197 objects and site objects sampled, 484 separate tests were set up for analysis, with 93 of these consisting of hair analysis. Of these 484 tests, 193 of them yield DNA data useful for comparison (40%).

b) Of the 193 tests that were “˜successful’, 100 tests yielded DNA compatible only with Ms. Kercher’s DNA (over 50%- again keep in mind their may have been other DNA but it may have been too small or too fragmented to be useful for comparison). Nine additional tests (comprising seven samples) yielded DNA compatible with Ms. Kercher’s DNA mixed with either Knox’s, Guede’s or Sollecito’s DNA. 27 tests had DNA compatible with Guede’s DNA; 18 tests had DNA compatible with Knox’s DNA; 11 more tests had DNA compatible with Sollecito’s DNA. Nine other tests yielded DNA compatible with a mixture of Knox’s and Sollecito’s DNA. 17 tests yielded DNA of unknown men and women (i.e. unmatchable by Dr. Stefanoni), and two tests were of samples obtained from Lumumba.

c) Of the nine tests yielding Ms. Kercher’s DNA mixed with others, five of these yielded DNA compatible with a mixture of Kercher’s and Knox’s DNA. They were all samples found in blood or potential blood- notably: three in the bathroom, one on the corridor floor in a luminol revealed bloody footprint, one in a luminol revealed blood stain in Romanelli’s room.

d) Returning to the discussions about contamination, it is notable that, whether the contamination occurred during site collection or in the lab, one might expect to find bits of contamination occurring here and there over 193 tests. Yet nearly all the arguments involve contamination about two samples, out of 193 tests. Over 50% of the tests that had useful DNA yielded Ms. Kercher’s DNA. If site collection, transport and/or lab procedures were so poor, one would expect to find Ms. Kercher’s DNA in other places as well. Yet very few samples have her DNA mixed with others, and conversely, very few other samples have other mixed DNA. Only nine samples have mixes of Sollecito and Knox’s DNA, eight of which were all obtained at Sollecito’s apartment or from Sollecito’s things (including a pocket knife), and one was obtained from a cigarette butt at the cottage. If contamination was so rampant, why does it occur on only two samples out of 193, (and curiously only on the two most damning samples)?

e) Continuing along the same lines, 118 samples were obtained from Sollecito’s apartment. Of these, 49 were not analyzed, (many were hairs not having bulbs in the right phase). Of the remaining 66 samples that were analyzed, only one, the one the blade of the kitchen knife, had Ms. Kercher’s DNA. And 41 yielded no usable DNA. So if there was contamination, or worse, direct framing of evidence by the lab, certainly there would be more of Ms. Kercher’s DNA amongst those 66 samples, in order to achieve an ironclad case. Yet there is only one sample out of 66 that had Ms. Kercher’s DNA.

f) Similarly, 224 tests were done on objects taken from the upper apartment. Of these 56 were not analyzed for DNA and an additional 61 that were analyzed, did not yield anything useful. Of the remaining 107 tests, only 3 had Sollecito’s DNA (a trace on the cigarette butt, and a trace on the bra clasp having Sollecito’s DNA as well as his Y chromosome.) Surely if there was rampant contamination or worse, direct framing of evidence, one would expect to find more of Sollecito’s DNA in Ms. Kercher’s room. Yet only one sample had his DNA and Y chromosome- the bra clasp.

g) Conversely, it is rather odd that Sollecito’s car was sampled in 16 locations (actually 19 samples were taken but only 16 analyzed), and none of those samples revealed his DNA. Did he ever drive his car?

8. And Finally More Commentary About The Hairs

Guede had black hair. From photos of Nov 2, 2007, Knox had blonde hair and Sollecito had chestnut to light chestnut hair. Meredith Kercher had chestnut to reddish chestnut hair.

93 hairs were found and analyzed. Seven of these were either animal hair or fibers. The remaining 86 hairs were, per the SAL report, all human. Seven of these hairs were black in color. Of the seven, six were short (4 cm or less) and one was long. Of the six short black hairs, four were found on the duvet covering Ms. Kercher, one was found on her mattress cover, and one was found on a sponge (containing fourteen other hairs) at Sollecito’s apartment. It is very likely these short black hairs were Guede’s, and if so, how it one of his hairs get on a sponge at Sollecito’s apartment.

Similarly, 21 blonde hairs were found, ranging from 4 cm to 20 cm. Of these, fifteen were found at Sollecito’s apartment, either on a sponge in the kitchen, or on a sweater. The other six were found at the cottage, with three being found on the duvet, one found inside the small bathroom sink, one found on a mop, one found on Ms. Kercher’s purse and one found on Ms. Kercher’s mattress cover.

Assuming the blonde hairs were Knox’s hair, it is difficult to imagine how they might wind up on Ms. Kercher’s purse and mattress cover.

There were four light chestnut hairs found. One, measuring 9 cm, was found on the kitchen sponge at Sollecito’s apartment. The other three light chestnut hairs were found on Ms. Kercher’s bra (2 cm), sweat jacket (7.5 cm) and the towel found under Ms. Kercher’s body (20 cm).

35 chestnut colored hairs were found, ranging from 1.5 to 30 cm in length. The vast majority were in Ms. Kercher’s bedroom. Two chestnut colored hairs (5 cm and 8 cm) were on the kitchen sponge at Sollecito’s house. It should be noted that three chestnut colored hairs yielded Ms. Kercher’s DNA, measuring 15, 18 and 23 cms.

So even from the hair evidence, it seems that hair having Knox and Sollecito’s color were on Ms. Kercher’s more intimate objects, while Guede’s and Ms. Kercher’s hair apparently were on a sponge in the kitchen at Sollecito’s apartment. In other words, an object used in a clean-up, and in a room that also had five luminol revealed samples.

Even the hair evidence points to Guede, Sollecito and Knox having acted together in the murder of Ms. Kercher.


Thursday, October 16, 2014

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #4

Posted by Yummi, Catnip and Kristeva



Inmate-chefs at Capanne Prison, from which Knox was making a bid for release

1. Getting Up To Speed On This Fourth Post

How much serious questioning was Knox subjected to prior to this voluntary interview six weeks after her arrest?

In fact, none. In the early days of November, after Meredith was found dead, she had several less-formal “recap/summary” sessions with investigators on possible leads (as did many others), which the defenses conceded without argument at trial were simply that and no more.

So these were the first serious questions put to Knox - politely, and Knox is essentially not argumentative throughout

The transcript was in the evidence pile and all judges except Hellmann seem to have studied it hard. This was also the first-ever interview of Knox by Dr Mignini, as prosecutor appointed to the case. He had seen her twice at the house and heard her at her strong insistence early on 6 November.

But they had never before really talked.

Prior to this, Knox had already emanated over a dozen differing versions of what she wanted to claim took place and the police and prosecutors and Supervising Magistrate Claudia Matteini had tried to make sense of those. 

2. Our Translation Of Approximately The Fourth 40 Minutes

This is the fourth 40 minutes of the voluntary interview which lasted in total about three hours. For a full understanding it would really be best to read (1) our first post and comment thread and (2) our second post and comment thread. and (3) third post and comment thread.

Transcript of Interview 17 December 2007: Statement of Interview Of Ms Amanda Knox (cont)

PM Mignini: After having talked, after you were heard at the Questura, did you go away or did you wait?

Knox: The first day I was questioned I was there for hours”¦ maybe 14”¦

Interpreter: The first time it seems to her that she had been there a very long time, 14 hours

PM Mignini: But questioned

Knox: No, maybe they questioned me for 6 hours but I stayed at the Questura a very long time”¦

Interpreter: It must have been more or less 6 hours that Amanda was questioned but staying in the Questura must have been about”¦

PM Mignini: But was there”¦ were you in the waiting room?

Knox: Yes the whole time together with everyone else we were there in the waiting room”¦

Interpreter Yes, yes together with the other ones

PM Mignini: And who were the other people?

[82]

Knox: The housemates, and later others arrived”¦ After quite a long time our neighbors arrived, after a while some people Meredith knew arrived, her friends

Interpreter: Her housemates and then other people who arrived later, the neighbors after a while”¦ and after, Meredith’s friends arrived, the people Meredith knew”¦

PM Mignini: But did you speak to them? Did you exchange any confidences?

Knox: Yes we were all there and I said “it appears that Meredith’s body was found in a closet”

PM Mignini: Who said that?

Knox: I remember talking to her friends and I remember telling them that it appeared the body had been found inside a closet”¦

Interpreter: She remembers having said it to Meredith’s friends

PM Mignini: But friends, who? You must tell us the name”¦ a name even just the name”¦

Knox: I remember having talked to Sophie”¦ But I don’t know the name of the other friends

PM Mignini: A certain Natalie? From London

Knox: The name sounds familiar but I don’t think I could recognize her face

Interpreter: She can’t tie the name to her face but”¦

PM Mignini: And what were you saying? What kind of comments were you making?

[83]

Knox: I told them what I knew, I told them that I had arrived home and found the door open, and told them what I knew”¦

Interpreter: She told what she knew that she had arrived home and found the door open

PM Mignini: Did you ever see, did you see in those moments the wound on Meredith’s neck?

Interpreter: Up to the moment?

PM Mignini: In that moment.

Knox: I never saw Meredith dead, I never saw her dead body”¦

Interpreter: No, she never saw her dead

PM Mignini: Ok, but was there anyone that night who said, anyone who said that she had died quickly? Did someone else say that she must have suffered for a long time”¦ was there anyone who said this?

Knox: Nobody of the people I talked to knew what had happened”¦

Interpreter: No, none of the people she talked to said something”¦ knew what had happened

PM Mignini: Did you come to know, did you ever come to know, and if yes, when, in what moment, Meredith had died”¦ that is, if Meredith’s death was immediate or if it was prolonged, if there was a death agony”¦ if yes, when did you find that out?

Knox: The only time when I heard of this was when Luciano [Ghirga] was describing the wound and how deep it was”¦ What kind of wound it was and he said “maybe she died slowly because no big vein had been struck”

Interpreter: So, the first time you had heard talking about the wound and how she died”¦ when was it with Luciano?

Lawyer: The morning of the 8th

[84]

PM Mignini: So, after the 6th…

Lawyer: The morning of the 8th

PM Mignini: The morning of November 8th

Lawyer: After the arrest validation [hearing]

Interpreter: And there she found out that no vital vein was directly struck and therefore”¦

PM Mignini: You say that she came to know on the 8th from the lawyer.

Lawyer: From the lawyers.

PM Mignini: From the lawyers, sorry.

Lawyer: We always came all together

PM Mignini: Either one or the other [of you] could have told her”¦ so”¦ [talking to Knox] I formally notify [for the record, a contradiction] that an Erasmus student and a colleague of this student, they said, on this past December 10th that on the night of the second in the Questura, while having”¦ a girl called Natalie, I won’t tell you her last name but she”¦ she was a friend of Meredith, she had noticed that you were talking at length with Sollecito, and at a certain point, in response to a comment made by one of these girls that they hoped Meredith had died without suffering, you instead said ” with those kind of wounds the death would not have come fast and that therefore Meredith must have died after a certain period of time”. I’ll reread it to you if you’d like, ok?

Knox: The police told me that her throat was cut, and what I know about that topic, I mean when they cut your throat, it is terrible and I heard that it’s a horrible way to die”¦

Interpreter: Yes the police had told her that Meredith’s throat was cut and what Amanda knew is that it’s an agonizing way to die”¦

[85]

PM Mignini: But this is something we found out after, we too found it out only later”¦ not right away”¦

Knox: The police told me that her throat had been cut.

Interpreter: The police had told her that her throat had been cut.

PM Mignini: Who from the police? Excuse me I’d like to know”¦ cutting the neck, it can happen in many ways, vital veins can be struck and might also not be struck, therefore one thing is about cutting the throat, and another is about the way how to cut it and therefore make it so that the death occurs instantaneously, or cause a death with agony. On the evening of the second, if it’s true, according to these results, on the evening of the second you knew that, with those kind of wounds, she must have suffered an agony”¦ and the police didn’t know that”¦

Knox: I thought that a death by cutting the throat was always slow and terrible”¦

PM Mignini: The autopsy was made on the fourth, two days later

Interpreter: What she thought was that cutting the throat was always a slow death in general

PM Mignini: It’s not like that”¦not necessarily”¦ anyway, who from the police told you about the neck wound? Tell us.

Knox: It was probably the interpreter”¦the first interpreter was the person I talked to the most”¦ all information I had came more or less from him”¦

Interpreter: Probably the translator/interpreter

PM Mignini: Therefore, therefore he told you while you were being heard”¦

Lawyer: She was in there 12 hours

[86]

Knox: When I was in there I was talking to the police and they told me that her throat was cut”¦ the whole conversation was between me and the interpreter. It was him who must have told me, a long time has passed but I think it was like that”¦

Interpreter: Directly from the interpreter, indirectly from the police

PM Mignini: So [it was] when you were questioned. Not before.

Interpreter: No, before she was questioned she didn’t know how she was”¦

Knox: No, when I was home the way she died”¦

PM Mignini: Before being questioned”¦ you were questioned until 15:30, until what time have you been heard? You were being heard since 15:30, until what time were you being heard?

Knox: I don’t know it was a long questioning”¦

Lawyer: She had been heard in the presence of an interpreter, maybe the interpreter”¦

PM Mignini: It was D’Astolto”¦ Fabio D’Astolto

Lawyer: The interpreter was present from the beginning or only from the questioning onwards?

PM Mignini: Yes, well he was a policeman acting as an interpreter, translating. Fabio D’Astolto. Assistant D’Astolto. When and how, in what terms did D’Astolto express himself, this translator what did he tell you?

Lawyer: When?

PM Mignini: When and what did he tell you

Knox: I don’t remember when but I asked him how she died

Interpreter: She doesn’t remember when but she asked him how she was killed”¦

PM Mignini: And he pointed out to you the wound on the neck. The wound on the neck and that’s all. Fine. This translator.

[87]

Lawyer: [to the Prosecutor] You referred to an Erasmus student who had said that on December 10th.  Ms. Natalie would have said this.

PM Mignini: Yes

Lawyer: And is the Erasmus student indicated [in the records]?

PM Mignini: It is indicated

Lawyer: Do we have a name?

PM Mignini: Capruzzi, Filippo and the other one is a certain, a colleague of his, Chiara, Maioli.

Lawyer: So it was two Erasmus students

PM Mignini: Two Erasmus students who confirmed this confidentiality from this English girl. Some”¦ this is the December 10th hearing report”¦ ok

Lawyer G. She clarified if she had talked with the interpreter, with someone before”¦

Lawyer C. We have clarified that the interpreter was not an interpreter but was a police officer who speaks English and that apparently was present from the beginning and therefore at this point…

PM Mignini: Wait.. one moment”¦ did you, did you”¦ did you see this person who was translating at the house?

Knox: No

Interpreter: No

PM Mignini: Perfect

Lawyer: She was approximately 12 hours in the Questura and at some time she heard the first… let’s call it questioning but it was a long time, and before the questioning she heard of this wound on the neck, is that right?

[88]

PM Mignini: During the questioning, you said before, during the questioning so much as this policeman translator was present, therefore”¦ no I’m very sorry, who did you hear this from? The translator? The policeman

Interpreter: About the wound? The first time?

PM Mignini: The wound

Knox: I think so

Knox: The first time?

PM Mignini: Yeah

Interpreter: I think the interpreter the first time

PM Mignini: And it would be this D’Astolto”¦ so this D’Astolto told you, please excuse me you told me this “it was D’Astolto” now”¦ therefore this D’Astolto told you this during the course of the questioning?

Knox: I think so”¦

Interpreter: Yes, she thinks so

PM Mignini: Ok, one more thing, so the”¦ you did, the morning of the”¦ actually no, the night between the fifth and the sixth of November, you did, let’s say partially modify your previous declarations, so then you modified your previous declarations and you made a specific accusation against Patrick Dia Lumumba known as Patrick. You said that you were supposed to meet with Patrick, that you met with Patrick at the basketball court of Piazza Grimana, that you went to Meredith’s house, to your house, and then he had sex with Meredith, then you heard a scream and you accused him even if in terms you say “confusedly” of killing Meredith. Isn’t that so? Why did you make this accusation? “¦ Now remember, I was hearing you, I was present, you were crying, you were

[89]

profoundly upset, and you were as if relieved when you made this statement.

Lawyer: Maybe she was stressed?

PM Mignini: Well, stressed or not, in any case she was very   she made these declarations

Lawyer: You asked her a question “Why did you make these declarations”?

PM Mignini: Well I also have to”¦

Lawyer: Eh these are opinions

PM Mignini: I am saying that you made a declaration not in a detached way, in other words in a very involved manner, why did you make these statements?

Knox: I was scared, I was confused, it had been hours that the police that I thought were protecting me, and instead they were putting me under pressure and were threatening me.

Interpreter: She was scared, she was confused, it had been hours that the police were threatening and pressuring her.

PM Mignini: Yes, tell me, go on

Knox: The reason why I thought of Patrick was because the police were yelling at me about Patrick”¦ they kept saying about this message, that I had sent a message to Patrick”¦

Interpreter: The reason why she thought of Patrick was because the police was asking her who was this Patrick to whom she sent, with whom there was this exchange of messages, they were asking her insistently.

Knox: That was the worse experience of my life

Interpreter: The worse experience of her life

[90]

Knox: I had never been more confused than then

Interpreter: She had been so confused or scared

PM Mignini: But in the following memoriale [spontaneous statement around noon 6 November] that you wrote before going to prison, basically you don’t retract this accusation. Even if in terms, still in terms let’s say of uncertainty, between dream and reality, in other words in such a way “¦ still you didn’t “¦ I believe that in this memoriale you say “I still see this image in front of me” and then you see yourself while hearing it, you say that in that first memoriale you wrote “you hear Meredith’s screams and you put your hands over your ears”. Why do you have this image? Your ears”¦ the scream”¦ it’s not like it’s changing much after all isn’t that so?

Lawyer: No, but she says she was very confused”¦ she was under a lot of stress

PM Mignini: Yes, but why does it basically remain the same, this one”¦

Knox: Yes, I imagined these things”¦

Interpreter: Imagined this scene

Knox: I was so scared and confused

Interpreter: I was so scared and confused

Knox: that I tried to imagine what could have happened. The police told me that I was probably not remembering well. So I thought of what could be another answer and therefore I imagined it”¦

Interpreter: She tried to think of what could have happened since the police was saying that probably she didn’t remember well. And therefore she imagined this scene, trying to think how it could have happened

PM Mignini: Well, you, I just tell you, I tell you only that this Dia Lumumba, this Patrick, only comes up in your statements, he wasn’t, he has never been indicated previously in the slightest, I mean why did you, why did you almost feel…

[91]

...forced to, so you say, to give this name? While this name had never been, you had never mentioned him previously”¦ in the statements of the 2nd, the 3rd”¦. Why only at a certain point di this Patrick pop up? I’m telling you, do you realize”¦ excuse me, eh? “¦ excuse me”¦.

Knox: They were telling me “why did you send this message to Patrick, this message to Patrick!”

Interpreter: Because they were always insisting about this message to Patrick and because”¦

PM Mignini: Well because there’s the message so [it’s] the message but it’s just that, it’s not that there was an attitude, I mean it’s not like there was any reference to a message according to what emerges from the statements. In fact there was a message that you”¦ since there had been an exchange of messages right before the time of the murder between you and this person it’s normal that the police would want to know why, what this message meant, this”¦ therefore it’s not something”¦ why did you threw yourself in this kind of”¦ ? While you had, you had the possibility to”¦?

Knox: Because I thought that it could have been true

Interpreter: Because she thought it could have been true”¦

PM Mignini: It could have been true?

Lawyer: Why?

Knox: When I was there, I was confused”¦

PM Mignini: [to the lawyers, ed.] No, no, excuse me, at this point no, I’m sorry. Not the lawyers. The defense can intervene against me but against the person investigated…?

Lawyer Ghirga: But there was no question”¦ Prosecutor there was no question

PM Mignini: It could be true. What does it mean?

[92]

Lawyer Ghirga: There was no question

PM Mignini: What? I am asking the question.

Lawyer Ghirga: Then ask it.

PM Mignini: What does it mean, how “˜could it be true’? What?

Lawyer Ghirga: What could be true?

PM Mignini: Excuse me, lawyer

Lawyer Ghirga: It’s like the phone call with her parents

PM Mignini: What could be true

Lawyer Ghirga: It’s like the phone call with her parents

PM Mignini: “¦Lawyer Ghirga”¦ what”¦?

Lawyer Ghirga: [seems to Knox] What do you want to say then? Let’s ask her”¦

PM Mignini: Excuse me, I am asking the questions, I am asking them now

Lawyer Ghirga Yes of course

PM Mignini: Then after you can”¦ I am asking her”¦

Lawyer Ghirga: Yes of course, we will ask them too”¦

PM Mignini: Lawyer”¦ she is saying “it could have been true””¦

Lawyer: What?

PM Mignini: “it could have been true”. She was telling me why did she accuse Lumumba of this fact? “It could have been true” is what she answered. Gentlemen, here”¦

Knox: I said it because I imagined it and I thought that it could have been true”¦

Interpreter: She said because she had imagined it and therefore she thought it could have been true.

[93]

PM Mignini: Look, listen”¦ listen, why did you imagine it?

Knox Why?... Because I was stressed

PM Mignini: Why didn’t you imagine”¦

Lawyer: No she was answering

PM Mignini: Yes; what did you want to say?

Interpreter: Because she was under stress”¦

Knox: Knox: Why? I was stressed, I was scared, it was after long hours in the middle of the night, I was innocent and they were telling me that I was guilty

Interpreter: Because they were saying that she was guilty

PM Mignini: Who was saying it? Guilty who’”¦.

Interpreter: After hours”¦

Lawyer: Excuse me, prosecutor, if we can correctly compile this translation, these words that were said in English at the right moment

PM Mignini: She is crying, we acknowledge, I’m sorry, we acknowledge that the”¦ investigated is crying.

Interpreter: Because she was stressed, scared under pressure after many hours, she was”¦ in the middle of the night, they had reached the middle of the night and because they were saying that Amanda was guilty.

PM Mignini: Who was saying that she was guilty?

Interpreter: The police

Lawyer: The police was accusing her

Interpreter: The police was accusing Amanda

[94]

PM Mignini: Why”¦ why did you accuse Lumumba and not others? How many people did you know who could”¦

Knox: Because they were yelling Patrick’s name”¦

Interpreter: She accused Patrick and not others because they were always talking about Patrick, suggesting”¦

PM Mignini: The police, the police couldn’t suggest…

Interpreter: Yelling Patrick’s name

PM Mignini: Excuse me, what was the police saying?

Interpreter: What did the police tell you?

Knox: The police were telling me that “˜we know that you were at the house, we know that you left the house’, and the moment before I said Patrick’s name they put.. someone was showing me the message that I had sent on the phone

Interpreter: The police said that they knew that Amanda was inside the house, and when she went in, when she went out, that she was inside the house, and while they were asking her this someone showed her Patrick’s message on the phone.

PM Mignini: But this is”¦ But this is normal. You”¦ there was this message”¦ I’m sorry, I’m very sorry. There’s a murder here. There’s a girl whose throat is slit, there was a phone number, there was a call that had been made, you were being heard. There was a call that had been made to you on the night of the murder from this person, you replied to this call in a way that could have been interpreted, according to the meaning in Italian “will see you”. Eh, so what is more normal than to insist? The police are doing their job. They insist to know, what did that mean, what was the, what relationship was there between you and Lumumba. This is normal.

[95]

Knox: I didn’t understand why they were insisting that I was lying”¦ they kept telling me that I was lying”¦

Interpreter: She didn’t understand why they were insisting that she was lying.

PM Mignini: Why are you”¦?

Interpreter: The police was insisting that she was lying.

PM Mignini: But why did you accuse, then if it was like this….  Again you are, you are crying again, for a long while since you started, I put in the record, I put in the record that”¦ it’s been ten minutes that you have been crying. Why did you accuse a person that, today, you’re telling us he is innocent, but earlier you just told us “it could be true” what does “it could be true” mean? You have told me “it could be true”.

Lawyer: The subject is missing

PM Mignini: No the subject is there, because I asked the question. Why did you accuse Lumumba?

Lawyer: Can we suspend a moment please?

PM Mignini: What reason?

Knox: It means that in the moment when I told Patrick’s name, I thought that it could have been true.

Interpreter: In the moment in which she said Patrick’s name, in that moment, she thought it could have been true.

Lawyer Ghirga: We ask for a suspension”¦ she is calm, you say she is crying, and we think she’s not.

PM Mignini: I put that in the record it because I could see the tears, she was crying and I could hear her too.

[96]

Lawyer: It was not ten minutes long

PM Mignini: Well, even more, maybe

Lawyer: maybe, no less

PM Mignini: Let’s interrupt, break off.

Lawyer: You asked her six times”¦

PM Mignini: For Heaven’s sake, let’s interrupt, break off.

(interruption)

[from this point on Amanda declares her right to remain silent]

PM Mignini: So, at 15:12 lawyer Luciano Ghirga resumes the interrogation

Lawyer Ghirga: In the name of the defensive collegium we submit a reason to confer personally, privately, we mean alone together with our client, for a time not longer than ten minutes.

PM Mignini: So, the Public Prosecutor is pointing out that the interrogation had already been suspended and it’s 15: 13 now, pointing out that the interrogation was suspended several times, and the last time for, how long? Ten minutes on request of the defence, and the defence will be allowed to fully have counsel with the person under investigation at the end of the interrogation. [The Public Prosecutor] orders to proceed, orders to go forward with the investigation procedure. So now I would like”¦

Lawyer Ghirga: If you may, ask to the suspect, to the person under investigation, whether she intends to go on or to invoke her right not to answer”¦?

PM Mignini: This is a”¦ it’s a”¦ it’s a”¦ she decided to answer questions at the beginning. Now if she decides to make a statement where she says “I don’t want to answer any more” she’ll be the one who says it, and it’s not that I must ask now, that question was done at the beginning of the interrogation. If now she wants to say”¦

Knox: I prefer not to answer any more”¦

[97]

Lawyer Ghirga: What did she say?

Interpreter: She doesn’t want to answer anymore.

PM Mignini: So, at this point, at 15: 15, on a question asked by the defence lawyers, about whether the person under investigation intends to go on answering or not”¦

Lawyer Ghirga: To your questions

PM Mignini: To a question by lawyer Ghirga”¦ yes, well, Lawyer Ghirga asked her that

Lawyer: He didn’t first ask the question

Lawyer Ghirga: But what question did I ask?

Lawyer: We told you to ask her…

PM Mignini: Yes, you asked me, and I did follow the request. But”¦

Lawyer Ghirga: She made a declaration, and we took note, unfortunately, about forbidden suggestions”¦ but on what request”¦?

PM Mignini: Now at this point, at 15: 15 the defence lawyers… Let’s put like this, the defence lawyers ask this Prosecutor about whether he intends to ask the person under investigation if she intends to go on answering questions, but then, after my decision, Lawyer Ghirga said”¦

Lawyer Ghirga: Who said? You said

PM Mignini: You asked her, I put in the record what happened, it’s recorded anyway, this is what I perceived you asked her, and she answered “I do not intend to answer”, she said, and then the interpreter…

Lawyer Ghirga: I asked whether she intended to make a statement, and she made a statement

PM Mignini: You indicated that to her, it changes nothing, doesn’t change”¦ I must only put in the record what happened. The public prosecutor points out that…

[98]

...the warning about the right not to answer was explained to the person under investigation at the beginning of the interrogation, as provided by the Code, and that same [person under investigation] declared she wanted to answer. It is not possible now to invoke the duty to inform the suspect about her right, because such requirement has been already fulfilled. Anyway the person under investigation can, if she decides to, declare that she doesn’t want to answer any more. Such option has been shown to the person under investigation by lawyer Ghirga.

Lawyer: ...by the defence lawyers

PM Mignini: By the defence lawyers, to the person under investigation. What do you want to do?

Lawyer: What do you mean by “It was shown?”

PM Mignini: It was shown, because you said”¦ I need to put in the record what happened. The lawyer… Facing my warrant which I described, the notice was provided at the beginning of the interrogation as the code requires. She said “I want to answer, I do not intend to invoke my right not to answer”. That answer had been given already, I informed her, and she answered. Now to this, at this point, however, I said nothing prevents her from wanting, from declaring “at this point I do not intend to answer any more”. I put it in the record and I don’t ask why, at that point, at that point.

Lawyer: You should not put in the record “the defence lawyers have shown”¦”

PM Mignini: “at that point”

Lawyer: We did not show anything, we asked to be allowed to, well”¦ and you said no.

PM Mignini: So”¦ lawyer, lawyer?

Lawyer: And you said no, and we didn’t have the possibility to show her…

[99]

PM Mignini: Lawyer Ghirga”¦ Lawyer Ghirga”¦

Lawyer: that she might invoke her right to not answer. It’s not that it’s we who’ve shown this possibility this is what I want to explain”¦

PM Mignini: Lawyer Ghirga told her something, so…?

Lawyer Ghirga: No, no, I only said, if you could give us a ten minutes suspension

PM Mignini: You told her something, now come on”¦ I need to put that on record

Lawyer Ghirga: what did I say”¦

PM Mignini: You have shown, I don’t know if the other lawyer did too, you told, Lawyer Ghirga, you told the person under investigation about… You said, if you can, if I remember correctly,  we’ll hear her again”¦

Lawyer Costa: It was me who told her, Mr. Prosecutor

PM Mignini: So I understood Lawyer Ghirga… Lawyer Giancarlo Costa declares he explained that, I didn’t say anything else

Lawyer Costa: ... To Ms. Amanda Knox to use her right to invoke her right not to answer

PM Mignini: ... And she herself declares so, she is supposed to declare what she wants

Lawyer: She has already said that

PM Mignini: Let’s repeat it since with this superimposition of voices”¦ the interpreter will translate faithfully word-by-word what you say.

Knox: At this point I don’t want to answer any more

Interpreter: At this point she doesn’t want to answer any more

PM Mignini: So “at this point I don’t want to answer any more”. We put on record that the current transcript was recorded entirely.

[100]

Lawyer Costa: Mr Public Prosecutor, we lawyers may renounce to our own time terms of deposit if Your Honour would give us a copy

PM Mignini: Yes, no problem”¦ at 15: 22. The parties demand a transcription, I mean the defence lawyers request the transcription of the recording.


Sunday, October 05, 2014

The Knox Interrogation Hoax #14: The Third Opportunity Knox Flunked: The Mignini Interview

Posted by Yummi, Catnip and Kristeva




1. Our Translation Of Knox’s Key Interview

At her request Dr Mignini interrogated Amanda Knox, her first true interrogation under Italian law, on 17 Dec 2007.

This was about six weeks after her arrest. If Knox had explained away the charges against her, she could have been on her way home.

Read our translations for how it finally emerged. There is some context in Part 2 below.

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #1

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #2

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #3

Knox, Tied In Knots By Her Own Tongue: Translation Of The 17 Dec 2007 Interview With Dr Mignini #4

Part 2: Context Of The Interview

Dozens of people have very aggressively gone to bat for Knox over her “interrogation” and still do. They trust that one or other of her versions of the 5-6 November 2007 police-station session finally stands up.

This interview was sought-after by Knox, seeing this as her last best chance to get herself off the hook before trial and to avoid remaining locked up.  This lasted about three hours, until Knox’s lawyers interrupted to got her to clam up.

All of the trial judges and appeal judges and lay judges had clearly studied this document hard. Also prosecutors and the Knox and Sollecito defense counsel periodically refer to it.

As you will have seen in previous posts, Knox’s team pussyfooted about without conviction in the few brief instances when the 5-6 November session was discussed.

In this Mignini hearing of 17 December 2007 they eventually in effect advised her it would be in her best interests to shut up.


Thursday, September 25, 2014

Analysis #2 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Discounting Any Lone Wolf

Posted by Cardiol MD



Dr Chiacchiera (talking) with his team explaining reason for charges in another case

Overview Of This Series

In 2007 Dr Chiacchiera was the Director of the Organized Crime Section and the Deputy Director of the Flying Squad.

He was one of the most senior and experienced law enforcement officers to testify at the trial.  His testimony and his cross examination by the defenses occupied a lot of time of the court late in February 2009. He covered the following ground.

    (1) He found Knox and Sollecito uncooperative when he asked them questions.

    (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

    (3) Phone records and the police investigation into the accused phone activity the night of the murder.

    (4) Discovery of pornographic magazines at Sollecito’s house.

    (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.

All the translation is by the ever-dedicated main poster ZiaK. This series is highlighting some key portions. Here is the full 50-page transcript which will be posted in the trial testimony area of McCall’s great Wiki.

This post continues analysis of the evidence that the lone burglar/lone wolf theory was not credible to those that were first on the crime scene and that the “break-In” to Filomena Romanelli’s room was to them obviously faked.

(GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

Public Prosecutor Comodi [MC] Leads Testimony

Judge Massei [GCM}:  Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, “¦ there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

{Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}

Manuela Comodi [MC}:  Well, in short, they were called “¦ they are the only ones who can describe the whole progression of the investigations - Dr Profazio and Dr Chiacciera ““ because they are directors, they are the only ones who will come to describe for me, thus, what was the progression of the investigations. Clearly, in order to pass from one investigative act to another rather than “¦ and the choice of the subsequent investigative acts. It’s clear that they have to describe, in order to make a complete reasoning, even the lines of thought that, as Dr Chiacchiera said, it sometimes happens that they make. However, one point: apart from the break-in, apart from the broken window, there are “¦ did you acquire further elements that corroborated the idea that there had been a burglary? Nothing from Romanelli’s room had been carried off? Valuable things had been taken?

{Examiner acknowledges Court's admonition, argues importance of her witness's testimony, and segués into triple-Q addressed to witness re elements corroborating idea of burglary.}

Dr Chiacchiera [MaCh]:  This ... in fact, in the progress ...

{Witness begins to answer, but is interrupted by Examiner}

MC:  Was a declaration/complaint of theft made then, with a list of the things taken?

{Examiner interrupts witness with new double-Q}

MaCh:  In the logical progression, if I may in some way still, in summary, say what “¦.

{Witness begins narrative response but is interrupted by Court}

GCM:  Say the objective facts, if you have “¦.

{Court interrupts witness, beginning to admonish him to respond by testifying to objective facts, but is itself interrupted by witness}

MaCh:  Nothing disappeared, so a burglar would have had difficulty “¦

{Witness answers 3rd Q of Examiner's above triple Q, but then launches into a narrative beginning: "so…", but Court interrupts}

GCM:  Excuse me, nothing had disappeared? Before all else, what thing .... you knew what things were in that room that did not disappear?

{Court interrupts, questioning basis for witness's statement that "Nothing disappeared"}

MaCh:  Yes, because, shall we say, the investigation elements that then subsequently emerged, allowed us to deduce that from Romanelli’s room absolutely nothing disappeared. There was a complete mess/chaos, but nothing disappeared from Romanelli’s room. And this is another element to [lead us] to obviously deduce that the desired hypothesis of a burglar and of a theft was objectively “¦ But then the burglar does not [sic] close the door and throw away the key. The burglar does not cover the victim. The burglar “¦

{Witness answers Court's Q, with narrative explanation including reference to "the key", and Court interrupts}

GCM:  Excuse me. They key. What is this detail about the key? What is it?

{Court asks Q simple Q re "the key" - with apparent transcriptional error: "They key"}

MaCh:  There was no key.

{Witness answers Court's Q}

GCM:  There was no key where?

{Court asks simple Q}

MaCh:  Those who entered into the inside of the house first found the door closed. A closed door that then aroused the suspicions and that then gave concern and then it was decided to “¦ to break [it] down.

{Witness responds to Court's Q with narrative explanation}

GCM:  Excuse me, on [sic] Romanelli’s room there was no key?

{Court asks another simple Q}

MaCh:  No, I’m talking of Meredith’s room, Mr President; Meredith’s room was locked by key.
This is another “¦ how to say, the investigative deductions that we drew from these details that emerged, also from the declarations that we gathered.

{Witness responds to Court's Q, and informatively amplifies A}

MC:  Was it normal that Meredith closed herself [sic. i.e. her room] by key?

{Examiner asks witness a simple Q}

MaCh:  No.

{Witness gives simple A}

MC:  And did you find the key of Meredith’s room?

{Examiner asks witness a simple Q}

MaCh:  No.

{Witness gives simple A}

MC:  So it was closed by key, but there was no key inside?

{Examiner summarises witness's testimony re key and poses a simple Q}

MaCh:  But there was no key inside, so that it was necessary to break down the door in order to enter. Also the almost inexplicable detail of the presence of two cellphones in a garden of a house, doesn’t tend to favour the thesis of someone who enters and who accidentally, so to speak, finds a person and then kills them, because [he] is forced to kill them because they have seen [his] face.

{Witness responds to Q in form of confirming-repetition and amplifies A in expanded narrative-form}

MC:  But is via Sperandio far from via della Pergola?

{Examiner poses vague Q re proximity of 2 streets}

MaCh:  No. And there we tried to deduce. And via Sperandio, as I said earlier, Doctoressa, is not far from the house. We discussed [this] to understand why these telephones went and ended up there “¦

{Witness answers simply, and respectfully, introducing " the house" on one of the streets, seguéing into subject of the mobile telephones and is interrupted by the Court}

GCM:  Excuse me. When you say it is not far from the house, can you specify at what distance? How one reaches it?

{The Court's interruption is also vague, with double-Q, referring to an unspecified "it"}

MaCh:  Not far from the house means that, by following a route that any Perugian knows, Mr President, one passes through a park and one arrives, let’s say, near the gateway of Porta Sant’Angelo. So for this reason, as the crow flies, how much would it be, but less [sic] “¦ three hundred, four hundred metres. But to reach it by foot from via della Pergola to via Sperandio I think that it doesn’t take more than 5, [or] 7 minutes.

{Witness responds to Court in explanatory narrative form

MC: But do you have to pass by via Garibaldi?

{Examiner asks simple Q}

MaCh:  Yes. But you can also pass through the park ““ there’s a park that then comes out right in front.

{Witness answers Q, and amplifies his response}

MC:  Of the villa?

{Examiner seeks clarification of witness's response}

MaCh:  In front of the villa, at the entry to the villa. Looking from the street that crosses with the provincial [road], the one that, shall we say, borders the villa, whoever is looking at it, I repeat, I ““ who am 44 years old, am Perugian ““ I did not know that there was a garden behind there.

{Witness clarifies his response, amplifying further}

MC:  And how far away is via Sperandio from via Garibaldi, corso Garibaldi?

{Examiner asks apparently simple Q}

MaCh:  it’s parallel. It’s very close, very very close. It’s 200 metres away, as the crow flies. I think even much less, because they are almost parallel, let’s say. Even that is something that in some way made us understand that there was an interest in getting rid of those cellphones, clearly, by whoever did that thing there.

{Witness gives detailed response;
See: "Just seeing police could panic the killers into instant dumping of the telephones, without even needing to know why the police were where the police were (There is no need to invoke any awareness by the phone-dumper[s] of the reason the Police were near Mrs. Lana's place - the hoax-call.). So if the killers saw flashing police-lights, or any other sign of police near Mrs. Lana's place, that sign could be enough to explain panic phone-dumping - then and there (not considering whether the phones were switched-on or switched-off)." In TJMK: "Updating Our Scenarios And Timelines #2: An Integrated Comparison Of The Timing of the Phone-Events." 6/28/2013}

MC:  When you arrived for the first time in via della Pergola, did you enter the room of the crime?

{Examiner asks simple Q}

MaCh:  Immediately, no. I went in afterwards, when Dr Mignini also arrived; and later with Dr Lalli. Then I had, how to say, occasionally entered when the crime-scene inspection of the Forensic Police, of the colleagues arrived from Rome, was already begun, so late. I didn’t stop long inside the house, I say the truth, also because the measures/orders that I issued immediately were those, yes, of deducing, [of] drawing out all the investigative elements that might emerge in the immediate surroundings [and/or immediately after the facts] to seek to immediately direct the investigation activity, but also to “freeze” [sic. i.e. to solidify, or to make concrete] another aspect, which was that of hearing/questioning all the people who might tell us details on Meredith’s stay in Perugia, in general, but above all on her final hours, on her visits/visitors, everything about those who Meredith had known in some way and “¦ This was the thing that we considered logical to do precisely in relation to this, to these first investigative deductions that we drew from the [above]-described crime-scene.

{Witness gives detailed narrative reply}

MC:  And so that same day you were present when they began to hear/question…

{Examiner begins preamble to presumed Q, but is interrupted}

MaCh:  Yes.

{Witness interrupts Examiner with witness's answer to assumed Q}

MC:  “¦ the people [who were] acquainted with the facts.

{Examiner completes interrupted Q-in-the-form-of-a-statement, which omits Q-mark}

MaCh:  I was present. I did not participate personally in the examination [of witnesses], but I was present, in the sense that both with [my] colleague Profazio and with [my] other colleague from the central operative service”¦

{Witness responds with narrative description of circumstances, but is interrupted}

MC:  from Rome.

{Examiner interrupts with her assumed next part of witness's response}

MaCh:  from Rome. We began to put the pieces together, excuse my [use of] the expression; that is to say all the “¦ all the elements that emerged from the examination of witnesses, were checked, were gradually verified/cross-checked.  Both with cross-checks that enlarged the group of witnesses, of the people to be heard/questioned, and with the checking of the alibis of many people, [as well as] with a technical activity that was carried out.

{Witness confirms Examiner's assumption, and completes his narrative description of circumstances}

MC:  That is to say?

{Examiner enquires as to witness's reference to indefinite "technical activity"}

MaCh:  A technical activity. A bugging activity was carried out. There was also an activity carried out also for the cross-checking of the phone [activity] printouts. There was an activity to understand also the cross-checking of the [phone] cells. There was a very wide-range activity carried out. Without excluding, I repeat, all also [sic] ... shall we say, the minor hypotheses. For example, the news arrived of a Maghrebi who had been in a rush to wash his own clothes in a launderette, not too far from the scene of the crime. This piece of information was excluded for a very simple reason, because from the first results of the investigative inquiries, he had arrived there in the early afternoon, but instead, in the early afternoon of the day before her death, Meredith was still alive [sic]. Because from the witness examinations we had determined that the last person who had seen her alive, saw her in the late afternoon. After which, we also did another series of checks relative to the one [sic] that there was a strange telephone call that the people who found the cellphones in the famous villa, the beautiful one on via Sperandio, had received in the evening. However, we had, how to say, understood that it was a case of a boy who had made a call from Terni and of a strange coincidence, but absolutely irrelevant for the investigation activity. Indeed, we made checks on all the hospitals in order to evaluate, to check, whether maybe there were [patients] who had presented blade/cutting wounds that in some way might have been compatible with a wound, let’s say, or at any rate with a reaction by the victim. Only one had presented, it was a [person] from Foligno who, [while] cutting salami, had cut their hand during the trip back from an away-game with Foligno ““ he was a football fan. Nothing else. So no investigative hypothesis was rejected. It was, obviously, because this is how it is done, and thus I believe that it is logic, we began to discuss/think in a certain way, because we had deduced from all this scen, another series of further elements, that is to say that the person “¦.

{Witness responds with prolonged narrative re "technical activity" and seems to pause}

MC:  Speak. Don’t be afraid to say it.

{Examiner urges witness to continue}

MaCh:  No, no. I’m not afraid.

{Witness argues with Examiner}

MC:  That is, let’s say, when was it that the investigations turned to, [started] to focus on today’s defendants?

{Examiner asks simple Q}

MaCh:  When on the evening of “¦ they did not focus on today’s defendants, that is to say, progressively the analysis of the investigative elements made us “¦ made us start, even us, to suspect. Because going into a house, finding a [sic] door of Meredith’s room closed, a [sic] door of the apartment opened, faeces in the toilet [bowl], while I take a shower, a series of bloody prints”¦

{Witness responds in narrative form and is interrupted}

MC:  However the faeces were in which of the two bathrooms?

{Examiner interrupts witness with clarifying Q}

MaCh:  Of the bathrooms. Me, if I take a shower in a bathroom where there are faeces, instinctively I flush the toilet, in short.

{Witness makes non-responsive subjective statement and is interrupted}

MC:  Yes, but the faeces were in the other bathroom.

{Examiner engages witness in argument}

MaCh:  Yes, yes, I understood. However, in short, in some way it comes instinctively, no?, to flush the toilet? The fact is that “¦.

{Witness joins argument and is interrupted}

GCM:  Excuse me, do you know how many bathrooms there were in the house?

{Court interrupts argument with simple Q}

MaCh:  Two.

{Witness ignores actual Q and responds with answer to assumed follow-up Q}

GCM:  Two bathrooms. Excuse me, please. Do you know that a shower was taken?

{Court asks another simple Q, using vernacular ref. to whether a person used the shower, rather than that the the shower device was taken away.}

MaCh:  Yes.

{Witness answers Court's actual Q}

GCM:  How do you know?

{Court asks simple follow-on Q}

MaCh:  I know because it is a thing that I cannot, I believe, report because it was “¦.

{Witness seems to answer in non-responsive, subjective narrative form, and is interrupted}

GCM:  But you checked”¦?

{Court seeks objective answer to his simple Q}

MaCh:  I am trying to be very very careful.

{Witness hints that he has reasons for apparent evasion}

Giulia Bongiorno [GB]:  Mr President, we are talking of nothing.

{Sollecito's lawyer chimes in with distracting comment}

GCM:  Excuse me, Attorney.

{Court appears to admonish GCM not to chime-in without specified legal-objection}

MaCh:  Well, the main point [is] that very slowly we began to understand that there were strong inconsistencies in the revelations that were made. And there were behaviours that on the part of above all, indeed exclusively, of Sollecito and Knox, appeared to us as [being], at the very least, particular. Behaviours both immediately after the event ““ a sort of impatience/irritability shown [with regard to] the investigation activity that we were carrying out, and obviously we could not but ask [NdT: i.e. “we had to ask”] those who were close to Meredith [about] elements that we considered useful, even necessary, in order to continue the investigation activity.

{Witness launches into apparent justification for his evasiveness}

MC:  Excuse me if I interrupt you. I’ll just make a few precise questions, thus: you checked, let’s say, let’s call them alibis, even if it’s a term that’s very so [sic] from American TV films, but in any case [it’s] understandable”¦ Did you check the alibis of the people closest, let’s say, to Meredith?

{Examiner, after preamble, asks relatively simple Q}

MaCh:  Yes.

{Witness answers Q as phrased}

MC:  In particular, did you check the alibis of the young men from the [apartment on] the floor below?

{Examiner asks simple Q}

MaCh:  Yes.

{Witness answers Q as phrased}

MC:  Results?

{Examiner poses Q in casual form}

MaCh:  Positive for them, in the sense that they were at home, in their own home, that is to say their respective houses, because they were here for reasons of study, so they were not present in Perugia during the days when “¦

{Witness responds with allusive casual A, begins to amplify, but is interrupted}

MC:  Because they had left for “¦

{Examiner interrupts with suggestion for next part of witness's response}

MaCh:  Yes, for the All Souls’ Day long-weekend, let’s call it that.

{Withess reacts to Examiner's suggestion by stating reason for upcoming week-end absence, but not stating week-end destination}

MC:  Did you check the alibi of Mezzetti and of Romanelli?

{Examiner asks double Q}

MaCh:  Yes.

{Witness answers for both Qs}

MC:  Results?

{Examiner poses Q in casual form}

MaCh:  The result in this case also [is that] Mezzetti and Romanelli were not there, so “¦

{Witness gives clear Answer, apparently begins explanation, but is interrupted}

GCM:  Excuse me, can you say what checks you did?

{Court interrupts witness's testimony to ask Q re witness's method}

MaCh:  We carried out a whole series of checks that brought us to evaluate, establish, that these persons were not present in the premises that evening.

{Witness ignores Court's Q as phrased and answers anticipated next Q}

MC:  Let’s say, I imagine that you heard/questioned them.

{Examiner makes statement-in-form-of-Q with ?-mark omitted}

MaCh:  Yes.

{Witness answers presumed Q}

MC:  Did they tell you where they were that evening, what they did that evening”¦?

{Examiner seems to interrupt and asks double-Q}

MaCh:  And in effect, we assessed/considered that “¦

{Witness ignores Q-as-phrased and is apparently interrupted}

MC:  And you ascertained that in effect “¦

{Examiner apparently interrupts A and continues his interrupted multiple Q}

MaCh:  That it was true what they had told us. I can report on the circumstance.

{Witness seems to continue his interrupted answer and offers to expand his narrative.
Q &A cycle is confused and confusing because of repeated multiple Qs, instead of orderly single Q & A}

MC:  Did you check the alibi of Amanda Knox and of Raffaele Sollecito? Was there a comparison between the declarations of Amanda Knox and of Raffaele Sollecito with regard to the night of the murder, and what you were able to compare, shall we say, objectively, through the other declarations, through the phone records?

{Examiner asks multiple Qs}

MaCh:  Through the phone records and through the checks [that were], shall we say, objective, it was found that what Sollecito had declared was not truthful because there was a phone call that was never received [i.e. answered] by Sollecito at 23:00 hours. Because it turned out that there was no interaction with the computer, but I believe that this “¦ as declared [sic]. But above all there was an absolute incongruity of the “¦.

{Witness summarizing findings wrt phone records, is interrupted}

GCM:  There now. Excuse me. Maybe we will not ask the question in these terms: following the declarations, on which you cannot report, that you got from and that were given by Amanda Knox and Sollecito Raffaele, what type of investigations you carried out”¦

{Court interrupts to restrict Qs but is interrupted}

MaCh:  We carried out ...

{Witness interrupts Court's interruption and is interrupted}

GCM:  ... and the outcome of these investigations. There now. This is where we’re at.

{Court completes it's interruption, seeming to believe he has made himself clear, but confusion still reigns}

MaCh:  Well, in summary ...

{Witness begins a summary, but is interrupted}

GCM:  Following the declarations given by them, you had “¦ With regard to Sollecito Raffaele, what did you do and what [information] emerged?

{Court interrupts witness with double-Q}

MaCh:  It emerged that, unlike “¦

{Witness begins to answer Court's 2nd Q, but Court interrupts}

GCM:  What did you do, first?

{Court repeats1st Q}

MaCh:  We did an analysis of the telephone traffic, and from the analysis of the telephone traffic it emerged that Sollecito had absolutely not received/answered the 23:00 hours phone call as he had declared. From the analysis of the telephone traffic, there then emerged a very strange detail, in the sense that the cellphones “¦

{Witness answers 1st Q, begins answering 2nd Q, and is interrupted by Sollecito's lawyer}

GB:  (overlapping voices) “¦ continue with the opinions/judgements, with all the opinions/judgements.

{Sollecito's lawyer seems to demand comprehensive testimony}

GCM:  That which emerged.

{Court makes seemingly cryptic statement which is probably a Q relating to witness's interrupted A to Court's 2nd Q above: "It emerged that, unlike "¦" }

MaCh:  A detail/particular emerged ... unlike what “¦. (overlapped voices).

{Witness resumes testimony but is interrupted, multiple voices are heard}

GCM:  Excuse me. What emerged?

{Court asks witness to clarify what witness was saying}
_____________________________________________

Here ends the Analysis of the Evidence #2, discussing that the lone burglar theory is not credible, and that “Break-In” to Romanelli’s room was faked.

The next Post:  Analysis of the Evidence #3, will Analyse the Phone records and the police investigation into the accused phone activity the night of the murder.

 


Monday, September 15, 2014

Analysis #1 Of Testimony Of Marco Chiacchiera, Director, Organized Crime Section, Flying Squad

Posted by Cardiol MD



Dr Chiacchiera with Dr Comodi explaining reason for charges in another case

Overview Of This Series

Yet another vital translation which will be posted in the trial testimony areaof McCall’s great Wiki. This again is translated by the ever-dedicated main posterr ZiaK.

Although I graduated as a medical doctor I also graduated as a lawyer, and was often in courtrooms. For this post and the rest of the Chiacchiera series I am wearing my lawyer’s hat to point out what strikes me in Prosecutor Comodi’s questions,  Marco Chiacchiera’s testimony, and the cross-examinations by defense lawyers.

Prior Preparations And Procedures

Under the Italian Code, before the beginning of the trial phase in Italy, the parties file a brief, detailing all evidence they want to present ““ the parties have to indicate by name every witness and precisely what these will be asked. The aims include creation of a Record of Admissible Facts.

Also under the Italian Code, both the defendant and the prosecutor can cross-examine each other’s witnesses. The Judge may choose not to admit any testimony that appears patently superfluous, reject irrelevant or improper or irregular questions ““ such as leading questions, and Inadmissible Hearsay ““ and also ask questions to the witnesses and experts.

Ground Covered In Dr Chiacchiera’s Testimony

    (1) He found Knox and Sollecito uncooperative when he asked them questions.

    (2) Saw evidence contradicting any lone burglar theory and indicating that the “break-In” to Romanelli’s room was faked.

    (3) Phone records and the police investigation into the accused phone activity the night of the murder.

    (4) Discovery of pornographic magazines at Sollecito’s house.

    (5) Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife.


My Assessment Of This Court Exchange

It is immediately obvious to me that this witness is a skilled witness; as such, and given his deep hands-on involvement in the immediate investigation this witness’s testimony is credible.  My assessment therefore is that this was a very good and unflinching witness and that Dr Comodi shows no signs of leading the witness or seeking other than a truthful record.

I have seen prosecutors examine witnesses differently but dont believe the resultant record would have been superior. This would have stood up well in any American court.

(GCM=Giancarlo Massei; MC=Manuela Comodi; MaCh=Marco Chiacchiera; GB=Giulia Bongiorno; DD=Donatella Donati; CP=Carlo Pacelli; LG=Luciano Ghirga; CDV=Carlo Dalla Vedova; FM=Francesco Maresca)

Public Prosecutor Comodi [MC]

MC:  Dr Chiacchiera, you carried out your duties where, when, at what moment of the events?

MaCh:  I was and am the director of the Organized Crime Section of the Flying Squad and I am the vice-director of the Flying Squad. The Organized Crime Section is a branch of the Flying Squad that deals with “¦ the term, I think that in this place [i.e. the court] it is enough to say that it deals with organized crime. However, I am also the vice-director of the Flying Squad, for which [reason] I deal with, in the case of need, everything that is necessary [for] the various aspects.

{Witness supplies 5 items of relevant information that Examiner should elicit at beginning of examination.}

MC:  Can you tell the Court how you became aware of events, who called you, when you became involved?

{Examiner asks another triple-question}

MaCh:  Yes.

{Witness simply answers question as worded by Examiner}

MC:  For now, start to tell us, then maybe I will intervene [NdT: i.e. interrupt with further questions] if necessary.

{Examiner, asking no Q, instructs witness, suggesting provisional forbearance if witness does not make interruptions necessary.}

MaCh:  On the fateful day, at around 12:33, I had gone to the cemetery with my mother. The operations room called me immediately after the discovery of the body.

{Witness begins appropriate narrative response, but Examiner interrupts}

MC:  So the 113? [NdT: 113 is the Italian State Police emergency number]

{Examiner interrupts witness with a Q, suggesting witness's receipt of call from an emergency number, but suggests wrong source-number}

MaCh:  110. The operations room of the Questura called me, and informed me of the happenings in an initially obviously very summarized manner. They said to me that there was a suspicious death, a young woman who lived in via della Pergola. I rushed to the place directly in my mother’s car. I didn’t stop by at the Questura, I didn’t go to get the service [i.e. police] car. I got myself taken to via della Pergola. We took about 15 minutes from the cemetery to there, ten fifteen minutes. In the meantime, I phoned the deputy Commissioner Napoleoni, in the temporary absence of the director, Dr Profazio, who arrived later, who was “¦ he was enjoying a period of leave, and with deputy Commissioner Napoleoni we arrived almost at the same time. We arrived almost simultaneously at the premises. Forensics, too, arrived almost at the same time at the premises.

{Witness supplies correct source-number and resumes interrupted narrative response}

MC:  The Perugia Forensics?

{Examiner questions witness's correction, as if to verify and to ensure accuracy of court's record}

MaCh:  The Perugia Forensics, I highlight, yes.

{Witness emphatically agrees with Examiner's question}

MC:”‹[They were] alerted by you, or ...?

{Examiner pauses mid-Q, inviting witness to guess complete Q, or is interrupted}

MaCh:”‹Alerted by the operations room, and also alerted by me.
,
{Witness responds to invitation, or interrupts with A to assumed complete Q}

MC:”‹So you arrive, and who do you find?

{Examiner's 1st simple Q.}

MaCh: “‹I found there ... there was already deputy Commissioner Napoleoni, there were also a few of Meredith’s co-tenants. There was Amanda Knox, there was Raffaele Sollecito. There were two young men who were, I believe, the friend of the boyfriend of one of the co-tenants. In short, there were a few people who had already been inside the house. There was the Postal Police.

{Witness answers Q in reasonable detail}

MC:”‹In the person of”¦?

{Examiner seeks more detail re specific Postal Police Personnel}

MaCh: “‹Battistelli and another of Battistelli’s colleagues. Inspector Battistelli, with whom there was immediately a discussion in order to understand what were the reasons for his intervention there, because it is not normal to find the Postal [police] in a crime of this sort. And he explained to me immediately what was the reason for his intervention. The origin of the, shall we way of his intervention, was due to the discovery of a pair of cellphones in a period of time, I believe, of an hour, [or] two, I don’t recall clearly, that were one in the name of one of Meredith’s co-tenants and one in the name of, later it [sic] “¦ I mean the SIM [card], obviously, the cellphones’ SIMs, the cards, they were in the name of a co-tenant and the other in Meredith’s [name]. The co-tenant, however, then told us, we then ascertained that both of the cellphones in fact were used by Meredith. And already that was, how shall we say, a first detail on which we began to reflect because, in fact, that was an element than in some way made us [become] immediately occupied/involved from an investigative point of view.

{Witness responds to Q and includes relevant amplifying narrative, anticipating probable future Qs re cellphones}

MC: “‹So, excuse me, also if the Court already, shall we say, knows this, because others have reported it, on this point however, where were the cellphones found?

{Examiner seems to interrupt with simple Q to clarify specific relevant fact not yet reached}

MaCh:”‹Inside the garden of a villa that is in via Sperandio.

{Witness responds appropriately}

MC:”‹In via Sperandio.

{Probably a Q, but implicitly inviting more specificity}

MaCh: “‹A villa that ... I am Perugian, [and] honestly, I didn’t even know there was a villa there. I’m Perugian, and I swear that I would have sworn [sic] that behind there was a wood.

{Witness flounders, seems unable to be more specific}

MC:”‹A field

{Probably a Q, but implicitly inviting more specificity}

MaCh: “‹It [was] the first time that I went in behind there. Instead, I see a marvelous old mansion with an enormous garden that gives ... that is almost adjacent to the street ““ the street that leads towards Ponte Rio. Anyone from Perugia understands me maybe.

{Witness seems to be in informal conversational mode}

MC: “‹From the structure of the fencing/enclosure, could you tell, shall we say, whether it was possible to throw these cellphones from the street, or whether it was necessary to enter the garden itself?

{Examiner engages witness, and asks Q to clarify how cellphones got into that garden}

MaCh: “‹Yes, obviously, we checked that. In fact, immediately, in short, the detail that seemed, how shall we say, of great investigative interest was that [very point], besides other details that I will go [into] a bit [sic], so to speak, also to give the impression of what the immediate impact was that we saw in the moment when we found ourselves in a situation of this type. So, deputy Napoleoni immediately entered inside the house in order to check it for herself. I did it [entered] shortly afterwards, also because [as] you will imagine that in that moment whoever was there had to notify all those who [sic], amongst whom Dr Mignini who was the Public Prosecutor on duty, and immediately give orders so that the correct checks are carried out. Because it was not just a crime scene that had to be analysed immediately: there also had to be, how shall we say, correlated with the information that we had got from via Sperandio ““ because the entry of the Postal [police in the case] originated with via Sperandio. And so we immediately asked ourselves: “Ah, what are these cellphones belonging to poor Meredith doing inside the garden of a villa?” And then And then immediately after, we asked ourselves, obviously, what might be the profile of the possible, or probable, murderer, and we discussed/talked about the crime scene. The crime scene immediately seemed fairly strange to us, if you wish [NdT: literally “if we wish” in Italian, but meaning the same as “shall we say”, “if you wish”, “so to speak” etc.]

{Witness responds to Q with detailed narrative}

MC:”‹Why?

{Examiner asks ambiguous Q, probably wrt crime scene seeming "fairly strange "}

MaCh:”‹Because the door did not show”¦ the entry door to the villa did not show signs of break-in. The we checked “¦

{Witness seems to decipher ambiguity correctly, begins narrative response, but is interrupted by Examiner}

MC:”‹We are not talking about the villa on via Sperandio obviously?

{Examiner interrupts with Q, apparently not comprehending Witness's narratives}

MaCh: “‹For the love of god! It was called a “villa” “¦ (overlap of voices), let’s say the house, of the house on via della Pergola there was no forcing/break-in. We found a forcing on the window. The window is this one, on the side of the house. I don’t know if you’ve seen the house? Anyhow, it is this one on the side of the house that can be seen immediately when you come down the slope from the gate. Logically reconstructing the thing, a hypothetical prowler [NdT: literally “ill-intentioned person”] who entered the house, breaking the glass with a rock - because inside the room, which was Romanelli’s room, which was the, shall we say, hypothetical arena of the entry, was completely in utter chaos. For that reason, what should we have hypothesized? That the hypothetical prowler took a rock, managed to throw the rock; the shutters, the external ones, the external shutters were not “¦

{Witness is exasperated at Examiner's apparent incomprehension, is repeating his previous testimony, but is interrupted by Examiner}

MC:”‹The dark-green wooden ones?

{Examiner interrupts with Leading Q re colour of external shutters. Now begins a confused and confusing colloquy. The arrangement of Filomena Romanelli's window, with Outside, and Inside Shutters, the Broken-Glass-Frame in-between, and the glass-splinters on the window-sill is complicated and needs a picture-exhibit that the witness can refer-to; this is apparently not provided, leading to the confusions}

MaCh:”‹The dark-green wooden ones were half shut, for which reason [he] must have had an aim like “Pecos Bill” [NdT: a cartoon Wild West cowboy], takes aim and throws that rock, smashes the window. After, he climbs up and does a turn on the little slope, and has to clamber up towards the window on the smooth surface, it seems to me, that from the ground up to the window there are two and a half metres-three [metres]. And then would have said: “bah, in short” [sic]. Yeah, well, the thing seemed to us…. in short, the first hypothesis that the investigator normally does, finds a level of unlikelihood of this kind of happening. After which, we looked at the house and we saw that an entry of a potential prowler [ill-intentioned person], still reasoning on the hypothesis”¦

{Witness amplifies narrative response but is interrupted by Examiner}

MC:”‹Of theft.

{Examiner inappropriately interrupts, incorrectly guessing what witness was about to say}

MaCh: “‹Of theft ending badly. Of theft that then degenerates because the burglar in some way thinks that he will find no-one in the house and instead finds a person, and then it degenerates “¦ We saw that there were easier means of entry, without wishing to bore you, but behind the house there was the possibility of climbing in a much easier way, without being seen by people that might have passed in the road. Let’s remember that, in short, it was not very late; quite the contrary. Normally people passed there, for which reason, if [he] had done it, the thing would probably have been seen. That thing there, as an hypothesis, we didn’t immediately discount it, that’s clear, because it’s a good rule to never discount any hypothesis. But we immediately considered that it was not a priority.

{Witness corrects Examiner's wrong guess, amplifies and seems to end narrative response}

MC:”‹Dr Chiacchiera, I interrupt you. (The witness is shown an exhibit.)

{Examiner, seems to acknowledge her habit of interruptions without actually interrupting, while introducing an unspecified exhibit. This introduction seems very informal, because Exhibits are normally identified by an assigned title.}

MaCh:”‹Ah! I didn’t remember it as being so big.

{Witness recognizes unspecified exhibit}

MC:”‹Precisely! You saw it? This is the rock that ...

{Examiner engages witness, stating it is "the rock".}

MaCh:”‹Yes, but it has been some time I have not, how shall we say, yes, I saw it. Absolutely.
However, it’s big, it’s huge.

{Witness engages Examiner, commenting on how large the rock exhibit is}

MC:”‹Do you consider that it could be this?

{Examiner ambiguously (what are "it" & "this "?) asks witness's opinion}

MaCh:”‹I believe so.

{Witness seems to overlook ambiguity of Q with vague A)

MC:"‹I try "¦

{Examiner begins to speak but is interrupted}

Judge Massei [GCM]:”‹How?

{Court interrupts as if to ask Q how Examiner 'tries'}

MC:”‹It is this. Yes, it is this one that was collected, yes, that was found.

{Witness seems to confirm that exhibited rock is the rock found in Filomena's room}

GCM:”‹So the rock is shown. [NdT: an “aside” for the court records?]

{Court formally announces admission of rock-exhibit, seemingly trying to reduce confusion caused by informal dialogue}

MaCh:”‹Inside the room where we then found the rock…
??:”‹But what was the question about the rock?

{Witness amplifies that rock had been found in a room, but enquires re rock Q, exposing confusion caused by informal dialogue}

GCM:”‹If this was the rock. And the witness said ...

{Court begins explanation to confused witness}

MaCh:”‹I said yes. Yes.

{Witness interrupts Court - confusion reigns}

GCM:”‹You saw it? You saw the rock?

{Court asks witness 2 Qs, trying to clarify that 'it' refers to 'the rock' that witness saw.}

MaCh:”‹Yes.

{Witness confirms that witness had previously seen the rock introduced into court as an unlisted exhibit.}

GCM:”‹When you saw it, where was it?

{Court proceeds to clarify confusion re where the rock was when witness originally saw the rock}

MaCh:”‹The rock [was] in the room of Romanelli.

{Witness specifically testifies, for witness's first time, that when witness originally saw the rock, the rock was in Filomena Romanelli's room}

GCM:”‹How far from the window? Can you say?

{Court continues to seek clarification using double-Q.}

MaCh: “‹A few centimetres [NdT: “un palmo” = “a hand’s width”] from the window sill, under the window, from the wall where the window is.

{Witness testifies clearly in answer to Court's 1st Q of above double-Q.}

GCM:”‹So from the internal perimeter wall, from where the window gives onto it, a “hand’s breadth”. So 20 centimetres…

{Court apparently begins to seek verification of witness's testimony, but is interrupted}

MaCh:”‹Mr President ....

{Witness begins to Interrupt Court}

GCM:”‹... away from it approximately.

{Court finishes his interrupted statement}

MaCh:”‹Yes.

{Witness agrees with Court's completed statement}

GCM:”‹And this is the rock. You remember it.

{Court states his understanding in form of Qs.}

MaCh:”‹Yes, yes, yes, yes. That is the rock.

{Witness impatiently agrees with Court's understanding}

MC:”‹At least as far as size and colour [are concerned], it corresponds thus to the one that was collected [as evidence].

{Examiner makes statements in form of Q, seeking verification of resemblance of exhibit-rock to original rock}

MaCh:”‹At least as far as size and colour [are concerned], it absolutely corresponds. If it was collected, I think that ...

{Witness begins narrative agreement with statements of Examiner, but is apparently interrupted by Examiner}

MC: “‹Very well. WITNESS [sic? Should be MaCh?] and Romanelli’s room was a complete shambles. The clothes were on the floor, the glass was strangely on top of the clothes, the [glass] shards were strangely on top of the “¦ on the windowsill, let’s put it that way.

{Apparent Transcriptional confusion attributing to interrupted witness narrative the interrupting .statement of Examiner}

MC:”‹The outside one.

{Examiner seems to amplify statement of Examiner wrt which window-shutter witness had been referring-to}

MaCh: “‹The outside one, precisely. The one that is between the shutters and the shutters [sic. NdT: “imposte” in Italian, but this can also mean shutters, or flap, as in the inner “scuri” shutters, or he may mean the window-frame itself, with the window-panes, given his following description], the green shutters and the shutters, the broken ones in short, where the glass is. The shutters ““ the wooden ones. The rock was a bit too close with regard to the wall if I [were to] throw it from least two metres. Unless it was lobbed [i.e. thrown in a high arc]. But in that case it’s rather unlikely that it would smash the glass. For that reason, I repeat, in the context of immediate likelihood, this one “¦

{Witness agrees with Examiner that he was referring to "The outside one", continuing with narrative of reasoning, but is interrupted by Examiner…}

MC:”‹Yes, it’s true. These are considerations. However they are considerations, shall we say, that refer [sic], because they are reasoning/lines of thought that are formed in the “immediacy” of the events [NdT: i.e. “in the immediate aftermath”. NOTE: throughout the text, a number of speakers use “immediatezza” (lit. “immediacy”) to convey a number of meanings, from “in the immediate aftermath”, or “in the immediate surroundings”, or “very soon after”, etc. I will translate them appropriately according to the context, without further explanation of the use of “immediatezza”], in order to proceed in one direction rather than another.

{Examiner, interrupting witness, apparently agreeing with witness's reasoning. While Examiner is apparently stating his own argumentative reservations re the possible evolution-in-time of witness's changing lines of reasoning, he is interrupted by Giulia Bongiorno, Sollecito defense lawyer:}

Giulia Bongiorno [GB]: “‹I never like to interrupt an examination [of a witness], however if one wanted, between the Public Prosecutor’s hypotheses, to do that [sic] of demonstrating that from a ballistic point of view it is not possible, then the ballistic expert should be called.

{GB interrupts Examiner to comment that Witness and Examiner are expressing opinions on Ballistics that require the testimony of a Ballistic Expert.}

MC:”‹But in fact, his considerations are not the considerations of an expert: they are the considerations of an investigator who made certain deductions in the immediacy of the events.

{Examiner argues that witness's testimony is that of an investigator's temporal train of thought.}

MaCh:”‹It happens to us too, at times, to reason/think rationally “¦

{Witness joins colloquy, amplifying Examiner's argument.}

GCM:”‹These reasonings/deductions, then determined your investigative activity in one direction rather than in an “¦?

{Court seems to invite further amplification by witness}

MaCh: “‹Yes, obviously, Mr President. I was trying to ... (overlap of voices) it is a premiss/basis to be able to then, how shall we say, reach ““ I won’t say conclusions ““ but in order to try to understand what our way of broaching the thing was, there and then. We had, I reassert, reasoned immediately also on via Sperandio. So the first thing, I may say, [was] the unlikelihood, or at any rate it was not the top priority hypothesis, the one of a prowler/ill-intentioned person entering. The open door without signs of break-in. But above all, a young woman who is [sic] probably killed in her own room, nude or almost nude, with a wound of that type, in a lake of blood, covered with a duvet. I repeat, the door was not smashed/wrecked, there’s a broken “¦ a window broken with a thrown rock, how can I say, it’s obvious that we immediately found this situation as “¦ (overlap of voices).

MaCh:”‹”¦ particular.

{Witness further amplifies narrative}

GCM:”‹You formed these considerations, and what did they lead you to?

{Court asks simple Q.}

MaCh: “‹That very probably the author or authors knew the person, or at any rate that the author or authors did not enter “¦ did not enter from the window-pane of that window.

{Witness responds with his conclusion that the authors of the faked break-in did not enter from the window-pane of that window.}

GCM: “‹Excuse me a moment, just to give some guidelines, but of the evaluations that the witness is expressing, obviously it’s not that they can be taken account of, however we will acquire them [for the trial files] in order to understand the investigation activities, the appropriateness of the investigations that were carried out, directed in one way or in another, there you go. However, maybe, “¦ there you go, yes, maybe if we can manage to keep with the bare essentials this will help everybody.

{Court proceedings seem to have been diverted into a free-for-all colloquy, with multiple participants chiming-in, and creating confusion. Court-President, GCM, now politely intervenes, apparently trying to restore order, ruling that the professional evaluations made by the witness, testified-to by the witness, should be admitted for the trial files. The appropriateness of the witness's evaluations can be dealt with separately and later.}
_________________________________________________

This segment of Chiacchiera’s Testimony re the Crime Scene, which he believed had been remodeled by the criminals to dupe Investigators into believing that there had been a burglary, committed by a single criminal, is paused here because it is so prolonged.

Analysis of Chiacchiera’s Testimony will continue in a future post.

 


Sunday, September 14, 2014

Now Raffaele Sollecito As Well As Amanda Knox Is Using A PayPal Link To Encourage Donations

Posted by The TJMK Main Posters




Sollecito And Knox Paypal Accounts

Please check out the images at bottom here. As of today Knox’s PayPal account still exists.

At the same time Sollecito has created a new one as GoFundMe dropped his solicitation page. PayPal and their own Italian lawyers are likely to regard these two accounts as hot potatoes when the following implications are shared with them.

Imperiled Bank Accounts

Each PayPal account will point behind the PayPal scenes to a bank account, which as this example among many others describes can be seized by American and Italian authorities.

The Government wants the seized properties to be handed over to the authorities, and claims it’s permitted under U.S. law. This includes the bank account that was used by Megaupload for PayPal payouts. The account, described as “DSB 0320,” had a balance of roughly $4.7 million (36 million Hong Kong Dollars) at the time of the seizure, but processed more than $160 million over the years.

“Records indicate that from August 2007 through January 2012 there were 1,403 deposits into the DBS 0320 account totaling HKD 1,260,508,432.01 from a PayPal account. These funds represent proceeds of crime and property involved in money laundering as more fully set out herein,” the complaint reads.

PayPal refused to channel payments to the hacker organization Wikileaks and 14 members of the hacker group Anonymous who attempted denials of service attacks (DOS) against PayPal were charged and pleaded guilty.

Strong evidence that law enforcement will work hard to help prevent the use of PayPal for activities it considers illegal. 

How It Gets Worse For Them

Knox is already a convicted felon for life for calunnia with no further appeal possible. Under PayPal’s terms of service that by itself seems sufficient grounds to bounce her. From Paypal’s rules for Donate buttons:

Note: This button is intended for fundraising. If you are not raising money for a cause, please choose another option. Nonprofits must verify their status to withdraw donations they receive. Users that are not verified nonprofits must demonstrate how their donations will be used, once they raise more than $10,000.

Neither have publicly specified in even the least detail who will get what and why out of the funds raised by this Donate button intended for good causes (think charities).

How It Gets Worser For Them

The pitches on the Knox and Sollecito websites are essentially the same as in their two books which are both riddled with demonstrably false accusations, for which Sollecito has already been charged and for which Knox will also in due course be charged.

The charges against Sollecito are a mixture of calunnia and diffamazione, which are explained at the bottom here, and the charges against Knox are expected to be the same.

In effect then this is seemingly not only Knox and Sollecito attempting to profit from crimes, but attempting to profit from crimes based on highly fraudulent accounts of those crimes for one component of which (as pointed out above) Knox has already served three years in prison.

How It Gets Even Worser For Them

“Defense Fund” implies the money being raised is all going to their Italian lawyers. If the lawyers accept such payments as fees that could become a problem for them.

The same thing applies if any of the money raised goes to David Marriott, Ted Simon and Robert Barnett. It is now radioactive. They will presumably know this - know that they cannot profit from proceeds which are illegal under Son of Sam laws and obtained on fraudulent pretenses.

And In Fact Even Worser For Them

If Cassation dismisses the final appeal of Knox and Sollecito (for which the grounds seem very flimsy) they will each be liable for the millions in damages which Judge Massei imposed as modified by Judge Nencini.

Donations legally labeled bloodmoney cannot under any circumstances be used to pay damages. Knox and Sollecito would have to generate new funds to pay the damages awards by legal earnings or by voluntary or forced selling off of any assets.

The Bottom-Line Liabilities Here

The financial liabilities Knox and Sollecito are presently incurring for themselves include (1) payment of all fees for legal and PR help in the US and Italy; (2) the clawing back of all bloodmoney profits from their crimes; (3) the payments of millions in damages as assessed by Judges Massei and Nencini; and (4) further fines and damages that are expected to result from their two books.

Under the post below Popper posted this partial calculation for Knox; the forfeit of bloodmoney and possible future damage awards are additional.

Massei gave (and Nencini confirmed) provisional damage to father and mother of Meredith of Euro 1 million each, to brothers and sister Euro 800,000 each, to PL Euro 50,000 and to the owner of the flat Euro 10,000.

To this it must be added more for the legal costs in Appeal and Cassazione, so a total a bit short of Euro 5 million, about 6 million dollars.

VAT and CPA must be paid on all the above sums, so more than that, we probably go over USD 6 million

Together with the forfeit of bloodmoney and possible future damages imposed, this adds up to around the $10 million estimated in this post. Sollecito’s burden would be less, somewhat more than half of that. 

Explanation Of Calunnia And 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’s 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.


Click for larger image






Saturday, September 13, 2014

Those Channeling Funding To RS And AK Should Definitely Take Note Of This

Posted by The TJMK Main Posters



GoFundMe has dropped this page of Sollecito’s which was soliciting funds under false pretenses


The increasingly tough American bloodmoney laws (Son of Sam laws) were described here and here.

These laws are operable at the federal level and in most states. The tendency is for the laws to be made more and more tough, and to spread the net of who could be charged more and more widely.

Book publishers and TV networks have armies of lawyers who usually step in smartly to stop them being party to illegal money flows. All American TV networks have codes of ethics which prevent fees being paid that reward a crime.

The bloodmoney net could be spread widely in the Perugia case if the Republic of Italy requests the invoking of these laws against Knox, Sollecito, their families, and the in-it-for-the-money opportunists such as Sforza, Fischer, and Moore.

Their PR help also appears to be at risk, along with the shadow writers, book agents and publishers of the two books.

Sollecito might have got a blessing in disguise then when GoFundMe the private-purposes fundraising site closing down his begging page (image above) after around $40,000 had been conned from the sheep.

GoFundMe did that as part of a move to keep the company and the site away from controversy and the long arm of the law. This move is fairly typical of a broad trend on the internet as courts increasingly sentence harrassers, abusers, swindlers and money-grubbers to tough terms.

Making money out of crime has never been a walk in the park, and anything gained rarely goes very far.

Trying to make money illegally is fundamentally why OJ Simpson (images below) is serving a term for armed robbery east of Reno in Nevada - and in that case he considered the property he was robbing at a Las Vegas casino hotel was actually his own.

In his case his wife and a friend were found slashed to death at her home a mile or two from his. Simpson nearly fled the country before trial, then he won an acquittal at criminal trial, and then he was convicted at a wrongful-death civil trial. Wikipedia explains.

On February 5, 1997, a civil jury in Santa Monica, California, unanimously found Simpson liable for the wrongful death of and battery against Goldman, and battery against Brown. Daniel Petrocelli represented plaintiff Fred Goldman, Ronald Goldman’s father. Simpson was ordered to pay $33,500,000 in damages. In February 1999, an auction of Simpson’s Heisman Trophy and other belongings netted almost $500,000. The money went to the Goldman family.

To avoid ever making any of the required payments to the Goldman family, Simpson squirreled assets and income away.

The items he wanted back at the point of a gun at the Palace Station hotel and casino would have been worth a lot. But instead this foolish financial crime could cost him up to 33 years.

Our take is that Sollecito may have squirreled away some of his gains, and Knox may have squirreled away much more. US law enforcement is capable of finding those payments if asked and if Knox’s family and paid help don’t press her to cough up.

Hopefully it will be made to sink into that Knox’s panhandling (she is still at it via her website via Paypal) was not such a good idea.















Wednesday, September 10, 2014

The Knox Interrogation Hoax #13: The First Two Opportunities Knox Flunked: Matteini & Ricciarelli

Posted by The TJMK Main Posters



Judge Matteini and Judge Ricciarelli each held key hearings in November

1. Where This Series Stands

1. Summary Of Post #1

Post #1 sets out the two versions of Knox’s sessions at the central police station on 5-6 November 2007.

The first version has in total about two dozen eye witnesses, and it is the one that prevailed at the Massei trail and throughout all of the appeals -  Hellmann in 2011 (this part was not annulled), Casssation in 2013, and Nencini in 2014. Cassation in 2013 made Knox’s verdict and sentence of three years for the false accusation against Patrick final.

The second version lacks any independent witness, although Sollecito makes some claims in his book that could be assumed to help Knox. There seems no sign that Knox’s own lawyers in Perugia have ever bought into any part of it, they have never lodged a complaint, they did not pursue it in cross-examination, and they have even cautioned against it.

Knox’s lawyers seemed jumpy when Knox pursued elements of it (unconvincingly to the court) in her two days of testimony in July 2009.  Despite this, it is still sustained by Knox herself (in several contradictory versions) and by a number of PR campaigners.

2. Summary Of Posts #2 to #9

Those posts quote the relevant trial testimony of the six investigators (scroll down) who had the major roles in the 6-7 November sessions.

3. The Warrant For Three Arrests

This arrest warrant was drafted and signed by Dr Mignini. He did so in the prosecutors’ offices in Perugia’s central courthouse (image at top) at 8:40 am.

Note that, critically, it includes reference to Knox’s spontaneous chatter and her knowledge of the dynamics of the crime.

PUBLIC PROSECUTOR’S OFFICE, COURT OF PERUGIA

N. 19738/07 R.G. Mod. 44

DETENTION ORDER ISSUED BY THE PUBLIC PROSECUTOR

(artt. 384, comma 1 c.p.p)

TO THE JUDGE OF PRELIMINARY INVESTIGATION OF THE COURT OF PERUGIA

The public prosecutor Dr. Giuliano Mignini

Based on the records of the above-mentioned proceeding;

Having found that there are serious indications of the crimes of complicity in aggravated murder Article 576 n.5 c.p.e. and sexual assault for which we are proceeding, against DIYA Lumumba, born in Kindu (Zaire) on 5.05.1969, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, for the following reasons:

Regarding KNOX and DIYA, the first made glaringly contradictory and not credible statements during the investigation. In particular KNOX claimed to have spent the night between November 1st and 2nd in the company of SOLLECITO Raffaele whom she met a few days before the event while he, after initially confirming the statements made by KNOX, confessed to have lied instructed by KNOX and made clear that he separated from KNOX at 21.30 of November 1st 2007, remaining at his house where he received a phone call from his father on the land line at 23:30.

Furthermore from the data relating to the phone traffic of the number 3484673590 in use by KNOX there emerges a lack of phone traffic from 20:35 of November 1st to 12:00 November 2nd. Same lack of phone traffic from 20:42 of November 1st to 06:02 of November 2nd is found in the phone traffic of 3403574303 in use by SOLLECITO Raffaele.

At 20:35 of November 1st was found an outgoing text message from the number 3484673509 belonging to KNOX sent to 3387195723 belonging to the co-defendant PATRICK to whom she communicates “see you later” which confirms that in the following hours KNOX was together with DIYA in the apartment where the victim was.

KNOX, in the statement made today has, in the end, confessed the dynamics of the committed crimes against KERCHER: the accused, in fact, first claimed to have met with DIYA, as communicated to him with the text message found in the phone memory of her cell phone by the operating Postal Police, text message sent at 20:35 in reply to a text message from DIYA sent at 20:18, detected thanks to the analysis of the phone traffic related to KNOX.

This last text message is not present in the cell phone memory.

KNOX in her witness statement from today has then confessed that, meeting DIYA in the basketball court of Piazza Grimana, she went together with DIYA to Meredith’s house, where DIYA, after having sex with the victim, killed her.

The sexual intercourse must be deemed violent in nature considering the particularly threatening context in which it took place and in which KNOX has surely aided DIYA.

In addition to this it should be pointed out that KNOX, in her spontaneous declarations from today, has consistently confirmed to have contacted DIYA, to have met with him on the night between November 1st and 2nd and to have gone with him to the apartment where the victim lived. She then said that she stayed outside of Meredith’s room while DIYA set apart with her and also added that she heard the girl’s screams.

KNOX reported details that confirm her own and Sollecito Raffaele’s involvement in the events, like the fact that after the events she woke up in the bed of the latter.

As far as the essential facts against SOLLECITO there are numerous verifiable inconsistencies in his first declarations, in respect to the last ones and the fact that, from a first inspection, the print of the shoe found on SOLLECITO appears to be compatible in its shape with the one found on the crime scene.

Moreover, there is the fact that KNOX claimed to not remember what happened between the victim’s screams up until she woke up in the morning in SOLLECITO’s bed, who was also found in possession of a flick knife that could abstractly be compatible for dimension and type (general length of 18cm, of which 8,5 blade), with the object that must have produced the most serious injury to the victim’s neck.

Having considered all the elements described and all converging findings of the intense and detailed investigations conducted after the discovery of Kercher’s body and culminating with the confession and indicated complicity of DIYA, also known as “Patrick” by KNOX, there is substantial serious evidence of the crimes for which we are proceeding to allow the detention, given the limits of the sentence.

Likewise there must be considered a founded and valid danger of flight especially for DIYA since he is a non-EU citizen and in consideration of the specific seriousness and brutality of the crimes, especially that of sexual violence and the possibility of the infliction of a particularly heavy sentence.

In regards to KNOX she has shown a particular ruthlessness in lying repeatedly to the investigators and in involving in such a serious event the young SOLLECITO.

Having regard to Art.384 comma 1 c.p.p.

ORDERS

The detention of DIYA Lumumba, KNOX Amanda Marie and SOLLECITO Raffaele, already identified, and to be taken to the local District Prison.

We proceed to request validation of the detention in the separate document.

Forward to the Secretary area of authority with regard to recognition of Diya Lumumba and Amanda Marie Knox, born in Washington (USA) on 07/09/1987, based in Perugia, Via della Pergola 7, and Raffaele Sollecito, also already identified.

Perugia, November 6th 2007, h.8,40

PUBLIC PROSECUTOR

(DR. GIULIANO MIGNINI)

2. The Pre-Trial Hurdles Knox Failed

Do you know how many major opportunities before her 2009 trial started Knox was given to get the murder charges dropped? This is not something Knox supporters trumpet about, if they even know.

In fact there were six, and Knox dismally failed them all.

In 2007 there were (1) the Matteini hearing and (2) the Ricciarelli hearing in November (see below) and (3) the Mignini interview in December.  And in 2008 there were (4) the separate Knox appeal and Sollecito appeal to the Supreme Court in April, and (5) the first Micheli hearings in September, and (6) the second Micheli hearings in October, which dispatched Knox and Sollecito for trial.

In all six instances Knox’s team also had the opportunity to get the charges against Knox for calunnia against Lumumba dropped.

3. The First Hearing by Judge Matteini

1. Summary Of The Hearing

This key post by Nicki describes how every one of the numerous hoops Italian police and prosecutors must jump through is presided over by a guiding magistrate.

Finally, in this ultra-cautious process, if the investigation has not been dropped and the guiding magistrate is confident that the police and prosecutors have made a case, they can then order it submitted directly for short-form trial (as with Guede) or for a trial judge (like Judge Micheli) to decide if there is a case for a long-form trial.

At this point, 9 November 2007, the police investigations were far from done, and the existence of Guede was not yet known (though Knox hinted at him on 6 November) let alone the role he is serving 16 years for.

The investigations continued through the summer of 2008 with Judge Matteini re-entering the process repeatedly. Even after the summer of 2008 additional witnesses were being sought and several including Kokomani and Quintavalle only came forward later.

On 9 November 2007 Judge Matteini had before her the police summaries of evidence and witness and suspect statements. Knox and Sollecito were placed under arrest on 6 November and she had held separate hearings with Knox, Sollecito and Patrick with their lawyers present on the day before (8 November)

2. Sollecito’s statement for his hearing

Knox presented no written or oral statement to Judge Matteini on the very strong advice of her lawyers. Sollecito wrote one out. In various ways it separates him from Knox.

Sollecito had seen his lawyers on 7 November in Capanne Prison. Sollecito was extensively interviewed by Judge Matteini (translation pending). He also submitted in advance a new statement for his own 8 November hearing which famously starts off “I wish to not see Amanda ever again.”

ʺI wish to not see Amanda ever again.

I met Amanda at a classical music concert which took place at the University for Foreigners of Perugia, about two weeks ago. I then met her again at the bar ʺLe Chic”: I went to this pub 2”3 times just to see Amanda since she had told me that she worked there.

A romantic relationship had taken shape and we have lived together since the first day at my house, and she would go back to her house at Via della Pergola more or less every other day to pick up her clothes and talk with her girlfriends. I have never met the man who runs the pub ʺLe Chicʺ and I did not know anything about the pub; I do not even know who worked there. I used to accompany Amanda to work at the pub around 22”22.30 and then I went back to pick her up at 24.00”00.30.

I met Meredith at Amandaʹs house since they were friends and they lived together, besides her also Filomena and Laura lived there. We ate lunch at her house sometimes, and sometimes we ate at my house. While dinner [instead] always at my house or out. On 1 November, Amanda woke up before me. I went to see her later since she told me she wanted to go home to talk with her girlfriends.

I arrived at about 13”14 and there was Meredith who was wearing a pair of jeans which belong to her ex”boyfriend who was in London, Meredith went out at around 16:00 and we stayed, and we went out at around 18:00.

I point out that I make use of cannabis and I make use of it on every holiday, and whenever I need it. I am an anxious person. I do not remember how much I smoked, I certainly did [smoke] one at Amanda’s place, and at my house every time I felt like.

At 18.00 we went out and we went to the [city] center passing by Piazza Grimana, Piazza Morlacchi alla Fontana and Corso Vannucci. We remained in the center until 20.30”21 and then we went to my house; I do not remember at what time I had dinner, I think I had dinner together with Amanda.

I remember Amanda received a few text messages on her phone and she replied. I do not remember whether the message arrived before or after dinner. Then she told me that the pub was closed, unlike every Tuesday and Thursday and thus she did not have to go to work that day. Iʹm not sure if Amanda went out that night, I do not remember.

About that night I remember that the pipe under the sink had unlatched and, while I was washing things in the kitchen, the floor flooded, I tried to dry the floor and then, on Amanda’s suggestion, I let it go. I worked with my computer and then I went to bed. I received a call from my father, who calls me every night before I go to sleep, I do not remember if he called me on the landline phone or on the cell phone.

The next morning Amanda woke up before me, she woke me up telling me that she wanted to go take a shower at her house because she did not like my shower. So she went out and I remained to sleep. She went out at around 9:30 to 10:00. Later she came back, she rung at my door and I woke up. I remember that she had changed her clothes and she was now wearing a white skirt while the day before she was wearing jeans. She carried a mop with her to clean the floor.

I finished drying up the floor. I do not remember if we had breakfast together before or after. Amanda told me that she had found the front door wide open, with blood stains and that therefore all this was strange. She told me to go to her house to see what had happened, we got there and I was agitated.

She opened the front door [and] I noticed that Filomenaʹs door was open with broken glass. The bathroom was clean except the bathmat and the sink which was stained with blood, she told me that someone had cut himself/herself or they were menstruating. The only thing that I noticed [is] that Meredith’s door was locked with the key and I tried to enter the room from the outside, while I was doing this Amanda was leaning over the railing to try to reach the window; she had knocked repeatedly and calling [sic] Meredith ʹs room.

I tried to look through the keyhole and saw that there was a duffel bag and an open wardrobe”door. Then I told her to call her girlfriends. I then called my sister who is an inspector and she told me to dial 112 [Carabinieri] and I gave [them] Amanda’s phone number. We remained out of the house to wait for the arrival of the Carabinieri. Some officers of the Postal Police arrived who wanted to talk to Filomena. When the officers of the Postal Police arrived we were out of the house. I remember I called 112 before the arrival of the Postal Police officers. I spoke with the officers of the Postal Police and Amanda too if she could understand what they said; I reported [to them] that there was something wrong by showing that Filomenaʹs bedroom door was wide open with broken glass on the floor and the door of Meredithʹs room was locked.

Filomena arrived with her boyfriend and some friends of hers. The Postal Police officers broke down the door of Meredithʹs room and they said that they had seen a foot and some blood. Then the Carabinieri arrived.

I previously made a false statement because I was under pressure and I was very agitated, I was shocked and I was afraid. I point out that on 5 November I was very agitated when the agents asked me questions because they put me under pressure. I confirm that on the night of 1 November I spent the night with Amanda. I do not remember if Amanda went out that evening. At 20.30 we were at my house. I got it mixed up.

I remember that Amanda must have come back [home together] with me. I do not remember if she went out. My father calls me every day and I find it strange that he did not call on 1 November. I fail to understand why my prints are there; I [did] not enter that room; I was not wearing those shoes on 1 or 2 November. The one who killed her must have had my same shoes. They are rather common shoes.

In my Internet blog where there are some of my feelings and in particular where I quote the Monster of Foligno [2] who came from the Onaoasi College, that was just irony.

With regard to the faeces in the bathroom, I did not see them since I did not enter the bathroom, I was outside [the bathroom] and I leaned with my face toward the toilet bowl. Amanda got scared and she jumped on me and told me that the faeces were no longer there compared to before [sic] when she had gone to take a shower.

I walk around with a knife that I use to carve trees. I have a collection of knives in Giovinazzo. I also have katanas, [but] they are blunt swords. Itʹs a passion that one about knives. I have always carried a knife with me in my pocket since I was 13 years old.

I do not remember exactly if that Thursday night she went out, I remember well that I was on the computer more or less up to 12.00 smoking my joints. I am sure that I ate, that I remained at home and that Amanda slept with me.

I have two knives, the one the Flying Squad seized is the one that I carry when I wear these garments; when I wear other clothing I carry the other knife; these two are my favorite knives. The Flying Squad put great psychological pressure on me. The first time we went to the police station we were kept there the whole night. I categorically rule out that I have ever entered the room where the victim was found.

On 8 November Knox’s lawyers had just been appointed. Knox and her lawyers were perhaps at a disadvantage in the hearing, having just met. But Judge Matteini was not fact-finding and her only decision was to remand the three (including Patrick) in prison. Knox’s opportunity to talk came on 17 December 2007 in Capanne before Dr Mignini (see Post #15).

On 6 November Amanda Knox had submitted three statements all linked to in Part 1 here and all written at her own insistence. Judge Matteini disallows these for use against Knox but allows them for use against others, later confirmed in a Cassation ruling which oddly was claimed as a new victory by Knox forces. The statements were never ruled illegally obtained.

3. Matteini Report: The Full Version

Because it is so long, our new translation of the Matteini report, with emphases in bold of what is especially significant, appears as Part 5 below under “Click here for more”.

4. The Panel of Three Judges Chaired By Judge Ricciarelli

Judge Riciarelli chaired a panel of judges on 30 November 2007 and, with more evidence, the findings were more forceful than Judge Matteini’s.

For example the panel labeled both of the two dangerous with Knox demonstrating having several personalities. For the first time a court stated that the physical evidence pointed toward a group attack.

There is a full translation of the Ricciarelli Report here. We will excerpt key passages here soon.

Significantly, Knox and her defense are not reported anywhere as having made her 6 November “interrogation” an issue. So nearly a month has passed since the “interrogation” and Knox has seemingly still not complained to anyone except for one private letter from Knox to her lawyers on which they did not act.

These media reports below will be supplemented soom by excerpts from the judges’ report.

1. CNN Cable News Rome

They carried a report in English on the Ricciarelli panel which included the following.

A panel of judges in Italy said an American student held in connection with the killing of Meredith Kercher should stay in police custody because evidence suggested she had “fatal capacity for aggression,” Italian media reported Wednesday.

A court ruled last week that Amanda Knox, 20, and her Italian boyfriend, Raffaele Sollecito, 23, must remain in jail after lawyers for the pair appealed for their release.

Massimo Ricciarelli, president of the panel of three judges that gave last Friday’s ruling, published the reasons for his decision Wednesday, Luca Maori, a lawyer for Sollecito confirmed to CNN.

In his ruling, Ricciarelli said Knox’s detention was justified because evidence showed she has multiple personalities, according to the Italian daily newspaper, Corriere della Sera, which published transcripts of the ruling on its Web site.

Corriere della Sera reported the judge as saying that Knox has a “high, we could say fatal, capacity for aggression.”

“(Knox) has a disposition to follow whatever drive she has, even when they can end up in violent and uncontrollable acts,” the ruling said, according to the paper.

Ricciarelli added that all the evidence suggested Kercher was killed by someone she knew, the paper reported, and investigations suggested that more than one person carried out the killing and that the villa where the body was found had not been broken into….

According to the newspaper, the ruling said the lack of evidence of a break-in “proves that the killer did not have to exercise any type of violence in order to enter the house, having used the keys or having been allowed in by the victim herself.”

A report issued more than a week ago by an Italian judge suggested Kercher may have been sexually assaulted at knifepoint before she was killed in her bed.

John Follain Book

In the excellent book A Death In Italy John Follain included this below. He leaves out that the panel concluded that there must have been several attackers though CNN above and Italian media did report that.

30 November 2007

Amanda and Raffaele’s hopes of freedom ““ a fortnight earlier both had made a new appeal for their release ““ were drastically dashed by a panel of three judges headed by Judge Massimo Ricciarelli. The judges endorsed much of Mignini’s reconstruction of the murder and decreed they should stay in prison.

Their ruling was scathing in its analysis of Amanda. She had “˜a many-sided personality ““ self-confident, shrewd and naïve, but with a strong taste for taking centre stage and a marked, we could say fatal, ability in putting people together.’ She acted on her desires “˜even when they can lead to violent and uncontrollable acts.’

As for Amanda’s statements since Meredith’s death, they were a “˜constant attempt to do and undo, to say something and then immediately deny it, as if she wanted to please everyone. Such behaviour seems to be the result of slyness and naïvety at the same time.’

For the judges, there was no burglary at the cottage. Only Spiderman, they said, could have entered the cottage through Filomena’s broken window. Why would a thief have got rid of Meredith’s mobile phones so soon after the crime? And why would a killer take the phones with him in the first place, only to abandon them a short distance away? Meredith’s killers had taken them from the cottage, the judges surmised, because they didn’t want the phones to ring there. The killers needed to pretend to call Meredith after her death, and they didn’t want their call to help track her down to her room.

“˜The killer did not have to exercise any type of violence in order to enter the house, having used the keys or having been allowed in by the victim herself,’ the judges said. Meredith was killed by someone she knew, and probably by more than one person.

Raffaele had lied in claiming to have called the police before they arrived at the cottage. Nor had he gone to bed the previous night at about midnight or 1 a.m. He had spent a turbulent night, so much so that he had switched his mobile on again very early and received a message from his father at 6 a.m. ““ it was a goodnight message, clearly sent when the mobile was switched off and for that reason had reached him only the next morning.

The judges mocked Raffaele for claiming he could recall spending a long time at his computer as well as smoking joints on the evening of 1 November. Appearing before the judges themselves a few days earlier, he’d given new details of his time at the computer which, they remarked, “˜clearly conflict with the pitch darkness that would have reigned in his mind after taking the drugs, unless he suffers from a particular pathology ““ the selective loss of memory.’

An expert’s analysis of Raffaele’s laptop showed there had been human activity between 6.27 p.m. and 9.10 p.m. when the film Amélie was screened. There was no trace of human activity between 9.10 p.m. and 5.32 a.m. ““ “˜a formidable corroboration of Raffaele’s involvement’ as the dawn activity, they said, pointed to a virtually sleepless night.

In his blog, Raffaele had failed to distance himself from serious criminals ““ he’d praised a convict who killed two boys ““ and above all he’d proclaimed his desire for “˜big thrills’. The judges also mentioned the photograph of him in which he brandished a cleaver. Violence, they concluded, attracted him. Both in his behaviour and in his wavering statements, which often fell into line with Amanda’s “˜dream-like’ accounts, Raffaele had shown himself to have a fragile temperament, “˜exposed to impulses and outside influences of every kind’.

Click here for the rest


Monday, September 01, 2014

The Knox Interrogation Hoax #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List

Posted by The TJMK Main Posters




1. What Really Happened on 5-6 November

The introduction to Hoax Post #1 explains what really happened at Knox’s recap/summary session on 5-6 November 2007.

In a sentence: Knox was there unwanted and grumpy, was advised by Inspector Rita Ficarra to go and sleep, refused, agreed to build a list of possible perps (she listed seven, including Rudy Guede), spontaneously broke into a wailing conniption over a message she sent to Patrick, was semi-calmed-down and repeatedly provided refreshments, and insisted on writing three statements without a lawyer all of which said she went out on the night of the attack, all framing Patrick, one even pointing at Sollecito.

2. Hard Proof Knox Worked On The List

This memo above (click on it for the full version) records the main outcome of Rita Ficarra’s 75-minute summary/recap session (defenses conceded it was not an interrogation session) with Knox, with an interpreter and two others present.

Rita Ficarra wrote the memo some hours later, on the evening of 6 November, after she had caught up on some sleep. It is based on a handwritten version Knox painstakingly evolved on a page of her notebook, which she then tore out and handed to Inspector Ficarra. That handwritten page is in evidence too.

Kristeva kindly did the translation below.  We described its extreme consequence (still constraining the Perugia defense teams today in non-support of Knox’s heated-interrogation claims) in Knox Interrogation Hoax Post #11.

The timing here is key. According to the testimony of Rita Ficarra and the interpreter Anna Donnino, the real work on the list only began around 12:30 after Anna Donnino arrived. It took all or most of the next hour.  Knox obtained all the phone numbers from her mobile phone which she handed over to the others present at several points. (Those phone numbers are long disused.)

Annotation By Rita Ficarra

On 6 November 2007, at 20.00, in the offices of the Flying Squad of the Questura of Perugia. The undersigned Officer of P.G. [Attorney General], Chief Inspector of the State Police FICARRA Rita, notes that, as part of the investigation of the murder of British citizen Meredith KERCHER,

On the night of November 5th c.a. [current year], at approximately 23.00, while in the Offices of the Questura of Perugia, along with Amanda KNOX, waiting for the same to be heard in regard to the fact for which we are proceeding,

Learned, informally. news related to some male subjects who certainly knew MEREDITH and of whom Amanda gave indications on their respective residences—drawing roads and landmarks in her notebook ““ as well as their mobile phone numbers.

The same [Amanda] extracted these phone numbers from her mobile phone contacts and copied them on a piece of paper torn from her notebook and handed it to the undersigned.

The subjects indicated by Amanda were described as being:

PJ ““ Peter, a Swiss young man of Swiss nationality who certainly frequented Meredith and who would have surely been several times to their home; this young man dwelled in Via della Pergola, precisely in front of the “Contrappunto” club and close to the stairs and parking lot; mobile phone: 3891531078;

Patrik, owner of the pub “Le chic” where [the same] Amanda works. He too certainly knew Meredith. She was not able to provide an address but indicated that she had often seen him near the “rotonda [roundabout] of Porta Pesa, next to the Laundromat. Mobile phone number: 338719523;

Ardak, North African citizen of whom she gave no other indications other than his mobile phone: 3887972380;

Yuve, Algerian citizen who occasionally worked at “Le Chic” and would have dwelled in Via del Roscetto (near the residence of Sophie) phone; 3203758112

Spyros, young man of Greek nationality of whom Amanda does not give any indications other than the mobile phone: 3293473230

Shaky, Moroccan citizen who would have been working in a “pizzeria” and who frequented the pubs and discotheques frequented by Meredith’s group of friends with whom they met at the pub or discotheque, friend of Sophie;

Lastly she informed of another South African young man, black, short, who plays basketball in the Piazza Grimana court, who would have, in one occasion, frequented the house.

On this occasion, Giacomo-Stefano, Riccardo and Marco (neighbours) were allegedly present, as well as Meredith.  She referred to the fact that Yuve probably knew him, but gave no further information, as she herself, didn’t associate with him.

Amanda, who was also present on this exact occasion, confirmed that she used hashish type drugs with her boyfriend Raffaele, despite what she had said previously.

She claimed that he had previously confessed to taking cocaine and acid in the past, but currently only used “pot”.  In addition, she hinted that Raffaele was experiencing problems with “depression-sadness”.

Furthermore, to get hold of her supply of “pot”, she claimed to have asked her flatmate Laura, who, allegedly, acted as intermediary between her and third parties.

It is noteworthy that the same afternoon, following her detention order and prior to her transfer to Capanne prison, Amanda KNOX asked for some blank paper with the intention of writing a written declaration. This she intended to deliver to the undersigned, before she was moved to prison, and requested that every policeman read it.

Hence, the undersigned received the attached manuscript written in English, by KNOX, and informed her that the manuscript, after being translated into Italian, would be forwarded to the appropriate judicial authority.

At the tail end of this meeting, after all this work had been done, Knox was gently told that in his own interview, Sollecito’s account of his movements on the night Meredith was killed now departed from her own.

A short period of extreme uncertainty followed.

Then Knox’s message in response to Patrick showed up in her outgoing texts, although she had just said there was none, and she was asked who he was. Those four others present had no prior knowledge of Patrick and no reason to attach to him any blame.

Knox’s conniption then began, in which she accused Patrick of the crime. Her accusation was repeated again and again. She then insisted on drafting her first formal written statement accusing him. It said she went out implying that she left Sollecito alone which is a claim he has now and then tried to gain from.

**********

This series: where next? Next, one post summarising the conclusions of all the courts. Then a series of posts quoting Knox and many other (Preston, Douglas, Moore, Clemente, Fischer, on and on) over five years, falsely claiming the police were brutal and none of the above was so.

False accusations of crimes are chargeable; so we look forward to seeing their responses to all of this. Knox for sure will be charged. Three years in prison - and nothing at all sunk in? The opposite of smart.


Monday, August 25, 2014

The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version #2

Posted by The TJMK Main Posters



Famous criminal lawyer Dr Giancarlo Costa - did he depart Knox’s team with doubts about her?

Recapitulating Our Purpose

In Post #10 below we hinted at two items - in fact, they are two documents - that resulted in a sharp drop in Knox’s credibility.

We said this about how Knox’s Perugia lawyers were affected.

It seems impossible to know about these items, and yet still believe that Knox was telling the truth.  Lawyers often encourage their clients to tell the truth and good lawyers never encourage their clients to lie. And yet here Ghirga, Dalla Vedova, Bongiorno and Maori would have known from latest early 2008 that Knox’s claims on the “interrogations” were in fact made up.

And if so, they must have asked themselves, why? Why did Knox have to lie?  In all the legitimate legal processes, meaning all those except the Hellmann appeal, the defense lawyers were seen by close observers to be dispirited and lacking the full punch that the certainty of innocence can bring.

Knox was lying. And they all knew. No hard proof, but it explains the timid cross-examinations. And it was the buzz around Perugia maybe put out by the Sollecito faction for which there is a sort of soft proof.

The one heavyweight among Knox’s lawyers, a prominent criminal lawyer from Rome called Dr Giancarlo Costa, who was with her at the 6-hour 17 December 2007 questioning (which we turn to next) inexplicably departed from her team early-on, leaving her with the much less experienced Ghirga and Dalla Vedova.

Sharp-eyed Andrea Vogt and Barbie Nadeau both noticed that no mention of Dr Costa was made in Knox’s book. Late in 2009 and again late in 2011 Andrea Vogt interviewed him, and he seemingly suggested that Knox might have been better served at the end of the process by a negotiated plea, in effect similar to Guede’s. (If so, he is now proved right, and the remaining Knox lawyers or her family made a very bad call.)

We said this about how all the prosecutors and all the judges were affected. 

In the years that followed since, these two items helped to changed legal mindsets, from Prosecutor Mignini, to Judge Matteini, to Judge Micheli, to Judge Massei, to even Judge Hellmann, and so on to Cassation and the Nencini appeal.


Describing The Two Incriminating Items

Now we turn to the two items, the two documents, the two elephants in the room. They are rock-solid confirmation of all the testimony by investigators in Posts #2 to #9, and in days of defense cross-examination they were not argued with. They were correctly guessed by several emailers. They are of course:

(1) Rita Ficarra’s notes of the 12:45 session

Inspector Ficarra wrote up these notes at 8:00 pm on the evening of 6 November, about six hours after Knox and Sollecito were carted off to Capanne Prison.

This was long before she knew she would be contradicted and years before she knew she would be accused of criminal actions. The notes were in evidence, and it was clear during cross-examination that the defense teams had studied them.

She recorded a description of the session in direct line with her testimony in Hoax Post #2 and Hoax Post #3 and Hoax Post #4. It anticipated perfectly the scenario that emerged from other investigators present.

(2) Knox’s hand-written list of seven names

She wrote these out along with maps and annotations. The list had very obviously been created over a prolonged period of time. This must have occupied all but the final minutes of the session, at which point she lost her cool, had her first conniption, and fingered Patrick.

Here again from Post #2 is the testimony about it by Rita Ficarra. GCM stands for Judge Massei and GM stands for Dr Mignini.

RF: At that point I say to her: “for me it is important then that we write these [names etc down], that therefore, since you are waiting [NdT. i.e. for Raffaele], let’s go do a follow-up to the recap that you have already given me, have already submitted to me”. So I go to the office, that is to say, I go into the office room, and we begin to write.

GM: Listen: before continuing, she wrote a note?

RF: Yes.

GM: The note: you can, I believe you can consult/examine/refer to it.

GCM: Yes, certainly, it is permitted to consult/examine/refer to her records.

GM: I am referring to everything that that note reported.

RF: Yes, I’ve already said that, in effect”¦ The note of 6 November, at 2000 hours, I made it in the evening because having then not slept for two days, I went [straight] to bed in morning when I finished. Morning and afternoon.

The first part I’ve already related and it gives me indications about these boys, about non-Italians, about a certain PJ Peter Svizzero, who had seemingly been several times in their home and who lived nearby the area of via della Pergola 7.

Patrick, of the [sic] owner of the pub, Le Chique [sic], where she herself worked, I’ve already said, she gives me the mobile-phone information.

Then she speaks of a certain Ardak, a North African citizen, and gives me the mobile-phone information.

A certain Juve, an Algerian citizen, who worked occasionally at the Le Chique [sic] pub and who apparently lived in the vicinity of the home of another of the victim’s friends.

Sofie [sic]; also for him she gives me the mobile information.

Spiros, a young lad of Greek nationality, for whom she givers me only the mobile-phone information.

Shaki [Hicham Khiri], a Moroccan citizen who works in a pizzeria, frequents the [same] pubs [as those] frequented by all the girls of the victim’s group, and [is] also friends with Sofie [sic].

She furthermore reports about a black South African boy, short, who plays basketball in the Piazza Grimana court, [and] who on one occasion had apparently visited the home of the boys who lived underneath the apartment.

So Knox eagerly devoted considerable time to recalling and explaining who Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and a South African [Guede, disguised] were, with maps to some of their places and phone numbers thrown in. She was talking and writing at the same time. The four investigators needed to do little more than sit watching.

Contrast The “Explanation” In Knox’s Book

In her book Knox makes no mention of any of the above.

Fom 2007 to 2013 when her book came out, Knox’s tendency was to expand upon and embellish her own explanation for her conniption and fingering of Patrick.

This was despite the fact that her two-day stint on the stand in July 2009 focussed exclusively on this was disbelieved by the Massei judges and by most Italians who watched.

It was also despite the fact that she served three years for this with her guilty verdict confirmed even by Judge Hellmann labeling her a felon for life.

It was also despite the fact that after the 2009 trial those investigators she had impugned at trial sparked new charges still to be faced in a Florence court.

It was also despite the fact that more charges for her 2013 book and her Oggi interview are expected to be added by the chief prosecutor in Bergamo.

Amazingly, she was still digging herself in deeper as late as 2014. By far her longest, most self-serving and most surreal version of the session appeared as Chapter 10 of her book.

This chapter is 20 pages long and consists of page after page after page of invented dialogue. Everybody has long known that the last few pages were Knox’s malicious invention.

That the rest of the pages are too is also dead-certain.

Neither Rita Ficarra’s notes nor Knox’s list of names with maps and notes,one of which she created and both of which were repeatedly testified to right in front of her, are even mentioned anywhere in Knox’s book.

This dishonest dialogue and mass accusation of crimes is what Knox and Linda Kulman give us instead: 

Police officer Rita Ficarra slapped her palm against the back of my head, but the shock of the blow, even more than the force, left me dazed. I hadn’t expected to be slapped. I was turning around to yell, “Stop!”””my mouth halfway open””but before I even realized what had happened, I felt another whack, this one above my ear. She was right next to me, leaning over me, her voice as hard as her hand had been. “Stop lying, stop lying,” she insisted.

Stunned, I cried out, “Why are you hitting me?”

“To get your attention,” she said.

I have no idea how many cops were stuffed into the cramped, narrow room. Sometimes there were two, sometimes eight””police coming in and going out, always closing the door behind them. They loomed over me, each yelling the same thing: “You need to remember. You’re lying. Stop lying!”

“I’m telling the truth,” I insisted. “I’m not lying.” I felt like I was suffocating. There was no way out. And still they kept yelling, insinuating.

The authorities I trusted thought I was a liar. But I wasn’t lying. I was using the little energy I still had to show them I was telling the truth. Yet I couldn’t get them to believe me.

Huh? Really? In fact only four were involved. The conversation was low-key. The list of names did emerge. Knox was never yelled at or hit, as her own lawyers publicly confirmed. And Rita Ficarra and others describe some exceptional kindnesses shown to Knox, before and after she spontaneously became disturbed, which at trial Knox confirmed.

Knox and Linda Kulman give us twenty more pages of this mass accusation of crimes, which not one witness confirmed or any court believed, more than enough to occupy the entire session, leaving no time for all the work on that list of names which was the sole point of the session and undeniably exists.


Thursday, August 14, 2014

Advisor Ted Simon Jumps Ship? With Legal And Financial Woes Will The Other Paid Help Stay?

Posted by Peter Quennell



Paid help Robert Barnett, Linda Kulman, Carlo Dalla Vedova, and Luciano Ghirga


Knox seems to badly need several kinds of professional help.

But Ted Simon simply parroting the foolish Steve Moore and the foolish Bruce Fischer was not really what we had in mind. If Ted Simon really is Knox’s ex-lawyer what a legal and financial mess he leaves behind.

In America there is a common legal remark on TV: that the coverup is often worse than the crime. It is often for the coverup that perps get sentenced to the longest time - often that is the only sentence they get.

Had the Knox and Sollecito forces been smart enough to take the route Dr Mignini hinted at in 2007 - that this was a hazing with sexual humiliation that spiraled out of control - and shown remorse as Guede to some extent did - the two might have faced lesser charges, been out early, and brought to an early end some of the terrible agony inflicted on Meredith’s ailing family over nearly seven years.

The paid and unpaid help might now be doing just fine.

But of course the smart route was ignored. The coverup for Knox seems totally on the rocks. Italy holds all the cards. As described in the past several posts, legal and financial nightmares for the Knox and Sollecito paid and unpaid help could be ahead. For one thing, they could all end up unpaid.

  • Remember, the prosecution case presented at trial in 2009 was powerful and decisive, and the defenses were so demoralised in the summer and fall that two defense lawyers were said to have nearly walked.

  • Remember, the Knox forces never tell you this, as Steve Moore etc make inane charges about corruption on the prosecution side, but the ONLY known corruption in the case was on the defense side.

It is openly known in Italy that the judicial appointments to the 2011 appeal court were corrupt. It was a hijacked court.

Judge Chiari and Prosecutor Comodi both publicly made this quite plain, Dr Galati said Cassation would set things right, the CSM edged Judge Hellmann into retirement (where he still waffles on with trademark incompetence) and the Supreme Court did set things right, with the unique ferocity that we saw.

Knox’s serial lying in her own coverup was very well known (after all, it was for lying that she served three years) but the flashmob attempts at coverup based on her invented claims went on regardless, even escalated in the past several years with the arrival of new dupes. Saul Kassin and John Douglas and the seriously out-to-lunch Jim Clemente come to mind.

The Knox book bizarrely parrots Steve Moore and Bruce Fischer, presumably with Ted Simon’s okay. Now it has put her paid help’s problems on steroids. All of them including Ted Simon could be legally and financially liable in several different ways. The past several posts described some of those.

Take for example this statement Knox puts into the public domain about her Perugia lawyer Carlo Dalla Vedova, in which she is accusing him of all people of falsely accusing police and prosecutors of crimes:

Carlo [Dalla Vedova], who’d never sugarcoated my situation, said, “These are small-town detectives. They chase after local drug dealers and foreigners without visas. They don’t know how to conduct a murder investigation correctly. Plus, they’re bullies. To admit fault is to admit that they’re not good at their jobs. They suspected you because you behaved differently than the others. They stuck with it because they couldn’t afford to be wrong.”

Really? He said that?

Read all the transcripts at trial and Mr Dalla Vedova’s public statements nowhere near resemble that. They were careful, honest and respectful, to say the least. He had numerous opportunities to complain. But he didnt, not once.

As we’ve remarked in the posts just below, back in 2008 he and Mr Ghirga had to publicly advise Knox to please not keep inventing things. So to this claim of Knox, when her book comes up for trial, what can Mr Dalla Vedova say?

Either he committed a new crime or his client did?

There is a good reason Giulia Bongiorno is not defending Sollecito for his own radioactive book. On that, she has already jumped ship.

Last one out the door, please turn off the lights.


Wednesday, August 06, 2014

Questions For Knox & Team: Why Does Book Need To Smear Italian Officials So Blatantly?

Posted by Peter Quennell



HarperCollin’s Jonathan Burnham and Claire Wachtell who edited and published Knox’s book

1. Reminder For Knox Book Team

Presumably your team remembers this jubilant (and to Italy pretty insulting) book announcement.

It was made on the day when you agreed to pay Amanda Knox a rumored $4 million, for a “full and unflinching”  account” of “her struggle to cope with a nightmarish ordeal” and you set out your hopes and intentions.

NEW YORK (AP)—Amanda Knox has a book deal.

The young exchange student whose conviction in Italy and eventual acquittal on murder charges made headlines worldwide has an agreement with HarperCollins to tell her story. The 24-year-old Seattle resident, imprisoned for four years in Perugia, Italy, has not publicly discussed her ordeal beyond a brief expression of gratitude upon her release last October.

Knox will give a full and unflinching account of the events that led to her arrest in Perugia and her struggles with the complexities of the Italian judicial system,” HarperCollins said in a statement Thursday.

“Aided by journals she kept during her imprisonment, Knox will talk about her harrowing experience at the hands of the Italian police and later prison guards and inmates. She will reveal never before-told details surrounding her case, and describe how she used her inner strength and strong family ties to cope with the most challenging time of her young life.”

The book, currently untitled, is tentatively scheduled for early 2013.

“Many accounts have been written of the Amanda Knox case, and countless writers and reporters have speculated on what role, if any, was played by Knox in that tragic and terrifying sequence of events,” HarperCollins publisher Jonathan Burnham said in a statement.

“No one has yet heard Amanda Knox’s own account of what happened, and this book will give Knox an opportunity to tell the story in full detail, for the first time. It will be the story of a crime and a trial, but also a moving account of a young woman’s struggle to cope with a nightmarish ordeal that placed her at the center of a media storm, and led to her imprisonment.


2. So Why Multiple False Accusations Like This One?

May we ask? Was truth too was in the contract, as Knox had just served three years for lying? Was due diligence on Knox’s claims done before the book deal was done and the book shadow-written? What was expurgated at the last moment and why were UK and Italian editions halted?

Did your shadow-writer Linda Kulman and your editor Claire Wachtell got in touch with at least some of the mentioned people in Perugia?  And where there were multiple accusations of crimes against Italian officials, did you give all the targets, or at least some of them, any chance at all to explain their side?

The Knox book has been out for nearly 18 months now. You have paperback and Kindle and audio editions. This very serious accusation of Dr Mignini in the box below has gone globally viral.

It is unique in the ferocity of an accusation that could wreck a prosecutor’s career, even send him to prison. And it could cost Knox serious additional prison time if proved wrong - as it already has been. See below the quote for the truth. Not only was Knox not interrogated at all - Dr Mignini was not even there.

[This is from pages 90 to 92 on the voluntary recap/summary session.

Eventually they told me the pubblico ministero would be coming in.

I didn’t know this translated as prosecutor, or that this was the magistrate that Rita Ficarra had been referring to a few days earlier when she said they’d have to wait to see what he said, to see if I could go to Germany.

I thought the “public minister” was the mayor or someone in a similarly high “public” position in the town and that somehow he would help me.

They said, “You need to talk to the pubblico ministero about what you remember.”

I told them, “I don’t feel like this is remembering. I’m really confused right now.” I even told them, “I don’t remember this. I can imagine this happening, and I’m not sure if it’s a memory or if I’m making this up, but this is what’s coming to mind and I don’t know. I just don’t know.”

They said, “Your memories will come back. It’s the truth. Just wait and your memories will come back.”

The pubblico ministero came in.

Before he started questioning me, I said, “Look, I’m really confused, and I don’t know what I’m remembering, and it doesn’t seem right.”

One of the other police officers said, “We’ll work through it.”

Despite the emotional sieve I’d just been squeezed through, it occurred to me that I was a witness and this was official testimony, that maybe I should have a lawyer. “Do I need a lawyer?” I asked.

He said, “No, no, that will only make it worse. It will make it seem like you don’t want to help us.”

It was a much more solemn, official affair than my earlier questioning had been, though the pubblico ministero was asking me the same questions as before: “What happened? What did you see?”

I said, “I didn’t see anything.”

“What do you mean you didn’t see anything? When did you meet him?”

“I don’t know,” I said.

“Where did you meet him?”

“I think by the basketball court.” I had imagined the basketball court in Piazza Grimana, just across the street from the University for Foreigners.

“I have an image of the basketball court in Piazza Grimana near my house.”

“What was he wearing?”

“I don’t know.”

“Was he wearing a jacket?”

“I think so.”

“What color was it?”

“I think it was brown.”

“What did he do?”

“I don’t know.”

“What do you mean you don’t know?”

“I’m confused!”

“Are you scared of him?”

“I guess.”

I felt as if I were almost in a trance. The pubblico ministero led me through the scenario, and I meekly agreed to his suggestions.

“This is what happened, right? You met him?”

“I guess so.”

“Where did you meet?”

“I don’t know. I guess at the basketball court.”

“You went to the house?”

“I guess so.”

“Was Meredith in the house?”

“I don’t remember.”

“Did Patrick go in there?”

“I don’t know, I guess so.”

“Where were you?”

“I don’t know. I guess in the kitchen.”

“Did you hear Meredith screaming?”

“I don’t know.”

“How could you not hear Meredith screaming?”

“I don’t know. Maybe I covered my ears. I don’t know, I don’t know if I’m just imagining this. I’m trying to remember, and you’re telling me I need to remember, but I don’t know. This doesn’t feel right.”

He said, “No, remember. Remember what happened.”

“I don’t know.”

At that moment, with the pubblico ministero raining questions down on me, I covered my ears so I could drown him out.

He said, “Did you hear her scream?”

I said, “I think so.”

My account was written up in Italian and he said, “This is what we wrote down. Sign it.”


This False Accusation In Knox’s Book, Challenged

In multiple pages of testimony at trial four years prior to the book it was made crystal-clear that Dr Mignini was not even there then at the central police station.

See the hard facts summarised below. He was only called in later, after Knox insisted in writing her first false accusation, and his only roles were to warn Knox she needed a lawyer and to observe while she insisted on writing a second accusation.

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

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

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

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

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

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

    (7) Cassation ruled the first two statements could not be used to indict Knox at the murder trial, but all three could be used to argue her framing of Patrick.

Who believes this? The defense teams! Do read the numerous court transcripts of testimony describing events on that night. Not one defense lawyer challenged even one word of the above.

Legal Prospects For HarperCollins Of The False Accusations

Have you ever had any book out, ever, which slimes an American prosecutor? Which contains malicious lies long pointed out? Which you still heedlessly propagate?

Your prospects and Knox’s are not pretty. This is what some of our own lawyers are suggesting.  Italian obstruction-of-justice laws could be applied to HarperCollins and those party to it - note the legal fate of Andrew Gumbel the equivalent of Linda Kulman for Raffaele Sollecito.

So could the federal and state American Son of Sam laws requiring the forfeiting of all of that world-record $4 million in bloodmoney plus any fees paid to helpers like Linda Kulman and profits for HarperCollins.

Also there could be the invoking of Italian and American laws against the harassment of victims’ families, a horrific ongoing crime against the Kerchers perpetrated by many (Knox included) which the misleading book certainly helps to stir up.


Saturday, August 02, 2014

Questions For Knox: Why Does Book Smear Others On Drug Use, Severly Understate Your Own?

Posted by Peter Quennell



Once-effusive Knox book team Robert Barnett, Linda Kulman (shadow writer) and Ted Simon

1. Previous Reporting

Please see our previous posts here and here.

Knox was discovered by police to have been sleeping with a dangerous drug-ring leader for drugs since she met him and had sex on a train to Perugia. That connection led them to capture him and directly helped to put him in prison.

2. Questions For Knox & Team

That hot potato of a book you put together and marketed for a rumored $4 million… did you exercise any due-diligence fact-checking?

What exactly did you tell the publishers to assure them? Hard truths or truthiness? Especially as the UK and Italian publishings were halted, for legal reasons, at the very last moment. And as Knox had already served three years for lying.

That Knox had been consorting with a drug wholesaler, Federico Martini, and sleeping with him (as she herself admitted in the diary her own team circulated) quite possibly in return for free drugs was right out in the open in court and in the Italian media way back in January 2009.

That was even before her trial really got under way and a full four years before you put together her book deal.

See our past three posts. Now new proof of Knox’s dangerous doings has emerged with a first published police report, and the Italian media are now all over this.

The release in Italy of police wire-tap transcripts of conversations between Knox and this drug kingpin she was instrumental in imprisoning is said to be only a matter of time.

So are Italian TV crimeshows featuring persons with personal knowledge of Knox’s shenanigans.

Please take a look at these key passages in Knox’s book - your book - where she drops a small army of others in it for drug use and for unsavory measures to hide it.

Knox heavily disguises here that her own drug doings were way, way worse. You were surely not a party to this serial misleading?

If not, this could be just the right time to put real distance between yourself and Knox. She will unquestionably be charged with other false claims soon, and you would surely not want to be called to court as a person of interest.

It seems only fair to warn, if you dont already know, that these Knox fibs are only a very, very, very small fraction.

3. Twenty Book Quotes That Hide The Real Story

They said I wasn’t the first roommate they’d interviewed. A guy they called “totally uptight” was interested in renting, until he found out they smoked””¬cigarettes and marijuana. “Are you okay with that?” Filomena asked. “I’m from Seattle. I’m laid back,” I answered. “I don’t smoke cigarettes, but I’ll share a joint.” A few minutes later they rolled one and passed it around. I inhaled deeply and relaxed.

Around our house, marijuana was as common as pasta. I never purchased it myself, but we all chipped in. For me, it was purely social, not something I’d ever do alone. I didn’t even know how to roll a joint and once spent an entire evening trying. I’d seen it done plenty of times in both Seattle and Perugia, but it was trickier than I thought it would be. Laura babysat my efforts, giving me pointers as I measured out the tobacco and pot and tried rolling the mixture into a smokable package. I never got it right that night, but I won a round of applause for trying. Either Filomena or Laura took a picture of me posing with it between my index and middle finger, as if it were a cigarette, and I a pouty 1950s pinup.

What I didn’t know when I arrived was that the city had the highest concentration of heroin addicts in Italy. I never heard about the high level of trafficking and drug use until I was in prison, bunking with drug dealers.

“Do you like marijuana?” I blurted. “It is my vice,” Raffaele said. “It’s my vice, too,” I said. I loved the phrase in Italian. Raffaele looked surprised, then pleased. “Do you want to come to my apartment and smoke a joint?”  I hesitated. He was basically a stranger, but I trusted him. I saw him as a gentle, modest person. I felt safe. “I’d love to,” I said.

When I first saw [flatmate] Laura, she was dry-eyed. She came up and hugged me and said, “I can’t believe it. I’m so sorry. I know Meredith was your friend.” Then she sat me down and said, “Amanda, this is really serious. You need to remember: do not say anything to the police about us smoking marijuana in our house.” I was thinking, You can’t lie to the police, but I considered this anxiously a moment and then said, “Okay, I haven’t yet. I won’t.”

When we finished, a detective put me through a second round of questioning, this time in Italian. Did we ever smoke marijuana at No. 7, Via della Pergola? “No, we don’t smoke,” I lied, squirming inwardly as I did. I didn’t see that [flatmate] Laura had left me with any choice, and I felt completely trapped by her demand. I could barely breathe until the detective moved on to a new topic, and when he did, I was hugely relieved. I thought that was the end of it.  Aside from what I said about our villa’s drug habits, I told him everything I could possibly think of.

I didn’t think I could take any more surprises, but they kept coming. Next, the police opened up a closet to reveal five thriving marijuana plants. “Does this look familiar?” they asked. “No,” I said. Despite my earlier lie about not smoking in our house, I was now telling the truth. I was stunned that the guys were growing a mini-plantation of pot. I couldn’t believe I had talked to them every day since I’d moved in six weeks earlier and they’d never mentioned it.

She led me through the waiting room and into the same office with the two desks where I’d spent so much time. As we were walking, she looked at me, narrowing her eyes. “You said you guys don’t smoke marijuana. Are you sure you’re being honest?”  “I’m really sorry I said that.” I grimaced. “I was afraid to tell you that all of us smoked marijuana occasionally, including Meredith. We’d sometimes pass a joint around when we were chilling out with the guys or with Filomena and Laura. But Meredith and I never bought any pot; we didn’t know any drug dealers.”

I replied to the message telling him that we’d see each other right away. Then I left the house, saying to my boyfriend that I had to go to work. Given that during the afternoon with Raffaele I had smoked a joint, I felt confused because I do not make frequent use of drugs that strong.

It was during this conversation that Raffaele told me about his past. How he had a horrible experience with drugs and alcohol. He told me that he drove his friends to a concert and that they were using cocaine, marijuana, he was drinking rum, and how, after the concert, when he was driving his passed-out friends home, how he had realized what a bad thing he had done and had decided to change.

We talked about his friends, how they hadn’t changed from drug-using video game players, and how he was sad for them.

That night I smoked a lot of marijuana and I fell asleep at my boyfriend’s house. I don’t remember anything. But I think it’s possible that Raffaele went to Meredith’s house, raped her and then killed her.

Their theory seemed to be that I knew Guede from the time Meredith and I had met with the guys downstairs in front of the fountain in Piazza IV Novembre””the night Guede told the guys I was cute. He hadn’t made an impression on me at all then. The prosecution hypothesized that, after that night, he’d gotten in touch with me, perhaps about buying drugs.

The prosecution’s simple story was absolutely false, but it apparently rang true for the authorities. They added flourishes in the course of the trial””Meredith was smarter, prettier, more popular, neater, and less into drugs and sex than I was. For some of or all these reasons, she was a better person, and I, unable to compete, had hated her for it.

Laura and Filomena had always bought the marijuana for the villa’s personal use. But when Filomena shrugged her shoulders helplessly on the stand, she made it seem that the only reason marijuana was in the house was because of me.

When Mignini brought up names of guys who’d come over, Laura replied, “Those are my friends.” When he asked if anyone in the villa smoked marijuana, she said, “Everyone.”

Carlo [Dalla Vedova], who’d never sugarcoated my situation, said, “These are small-town detectives. They chase after local drug dealers and foreigners without visas. They don’t know how to conduct a murder investigation correctly. Plus, they’re bullies. To admit fault is to admit that they’re not good at their jobs. They suspected you because you behaved differently than the others. They stuck with it because they couldn’t afford to be wrong.”

In Quito, where she lived, Laura [another Laura, in Capanne, not flatmate Laura] had dated an Italian who invited her to Naples for vacation and bought her a new suitcase. When she landed at the Aeroporto Internazionale di Napoli, it was not her boyfriend who met her plane but the customs police. They arrested her for the cocaine they found sewn into the luggage’s lining. The boyfriend, it turned out, had not only turned her into a drug mule, but had lied about his name. He was untraceable. She was sentenced to nearly five years in prison.

Curatolo was recalled as a witness, but he came under different circumstances. The onetime homeless man was now in prison himself, on drug charges.... He confirmed that he was now in prison, adding, “I haven’t quite understood why yet.” Asked if he’d used heroin in 2007, he answered, “I have always used drugs. I want to clarify that heroin is not a hallucinogen.

Curatolo didn’t know what he was talking about, poor guy. If my life didn’t depend on his being wrong, I’d just feel bad for him,” I reported. ““The broadcasts here are saying that he’s a confused drug addict!” someone cried.


The Knox Interrogation Hoax #10: Why Prosecution And Defenses Never Believed Knox’s Version #1

Posted by The TJMK Main Posters




1. Anti Knox Proofs In Plain Sight

American supporters of Knox argue that the “interrogation” is a “she said/they said” situation. One in which it is Knox that tells the world the truth.

And that the police had closed ranks to hide a brutal hours-long session resulting in Knox framing Patrick and that the “lost” recording of the “interrogation” would prove that she is the one that is right.

There is, of course, no recording, as it was an impromptu recap/summary session, with someone who might or might not have relevant information for the police. No legal system in the world requires the taping of that.

But there is in fact hard evidence the other way, that the investigators told the world the truth. Two items. Each mentioned often and assumed as givens in Posts #2 to #9.

Even if the days of crushing testimony left undented by cross-examination which we have posted was not enough, these items prove that the first scenario here is the truth and Knox has ever since lied.

Because several defense lawyers remarked on them without debating them, in cross-examining all the investigators who had any encounter with Knox on 5-6 November, all the defense counsel unquestionably knew that the items lurked there in the evidence pile in plain sight.

It seems impossible to know about these items, and yet still believe that Knox was telling the truth.

Lawyers often encourage their clients to tell the truth and good lawyers never encourage their clients to lie. And yet here Ghirga, Dalla Vedova, Bongiorno and Maori would have known from latest early 2008 that Knox’s claims on the “interrogations” were in fact made up.

And if so, they must have asked themselves, why? Why did Knox have to lie?

In all the legitimate legal processes, meaning all those except the Hellmann appeal, the defense lawyers were seen by close observers to be dispirited and lacking the full punch that the certainty of innocence can bring.

In the years that followed since, these two items helped to changed legal mindsets, from Prosecutor Mignini, to Judge Matteini, to Judge Micheli, to Judge Massei, to even Judge Hellmann, and so on to Cassation and the Nencini appeal.

If they are landmines, in the legal process they long ago went off. 

And all along Knox should have known that the items exist, they were repeatedly talked about right in front of her in the court.

But Knox makes no mention in her book, or in her appeals, or in her email to Judge Nencini, or in her appeal to the ECHR (we presume). How odd.

2. See Proofs In Plain Sight

Click for Post:  The Knox Interrogation Hoax #11: Why Prosecution And Defenses Never Believed Knox’s Version #2


Tuesday, July 29, 2014

Italian Reporting Of Prolonged Knox/Cocaine-Dealer Connection; Media Digging

Posted by Peter Quennell




1. How Drug Use Was Addressed At Trial

The story of Knox’s drug use clearly has legs. But whoever is driving it, the trial prosecution is not - they are simply sitting back and watching.

Police and prosecutors have never driven the perception that Knox and Sollecito were stoned on the night when they attacked Meredith. Judge Micheli wasnt keen on this possible “out” and besides they have never had a reason to.

It was in fact the defenses who drove the drug-use argument. Knox admitted to police on 5-6 November 2007 to marijuana use, and so did Sollecito. He already had a minor record of cocaine possession. Both tried to use the argument at trial that they were indeed stoned. But that was only to explain major discrepancies in their statements, not to say that drugs helped to fuel the attack on Meredith.

The defenses had an opportunity with Judge Matteini, the guiding magistrate from late 2007 though to Judge Micheli’s arraignment in October 2008, to try to seek lesser charges due to impaired capacities. But either they did not want to, or they were prevented by the families from doing so.

At trial in 2009 the prosecution remarked that the two were suspected to have been using cocaine (the symptoms seem to us pretty obvious) but the defence simply shrugged at this and did not contend it.

Judge Massei never mentions amphetamines. Two defense experts were brought in to try to convince the Massei court that the admitted drug use had fogged their clients’ brains. Judge Massei simply recorded this doubtful claim in his sentencing report. He gave the perps no breaks based on this reasoning.

]page 393] On the effects of drugs of the type used by Amanda and by Raffaele, such as hashish and marijuana, [we] heard the testimony of Professor Taglialatela who, while underlining the great subjective variability (page 211, hearing of 17 July 2009) specified that the use of such substances has a negative influence on the cognitive capacity and causes alterations of perception (pages 201 and 207) and of the capacity to comprehend a situation (page 218).

In his turn, Professor Cingolani, who together with Professor Umani Ronchi and Professor Aprile, had also dealt with the toxicological aspect (see witness report lodged on 15 April 2008, pages 26 and following), responding to the question he had been asked as to whether the use of drugs lowers inhibitions replied: “šThat is beyond doubt”› (page 163 hearing of 19 September 2009), while correlating that effect to the habits of the person [on] taking the drugs. Raffaele Sollecito’s friends had furthermore stated that such substances had an effect of relaxation and stupor.

2. New Reporting On Knox/Drug-Dealer Connection

Below is the new Giallo report on a connection between Knox and drug-dealers kindly translated by our main poster Jools. Note that the main drug dealer Frederico Martini (who is “F” below) and others were convicted back in 2011 and the connection to Knox was reported then in the Italian press, though not in the UK and US press.

The main new fact here is that Giallo has the dealers’ names. Giallo makes clear it obtained the names legitimately from open police records, not from the prosecutors back at trial.  Dr Mignini merely takes note of the names which Giallo itself provided and he doubted that Knox would now become truth-prone.

Clamorous [Sensational/Scoop]

The American woman already convicted to 28 years for the murder of her friend Meredith.

A NEW LEAD, LINKED TO DRUGS, PUTS AMANDA KNOX IN TROUBLE

The woman was hanging around a circle of hashish and cocaine traffickers. One of them had intimate relation with her. Another, a dangerous criminal offender, had attempted to kill his brother with a knife. Are they implicated?

“During the course of the investigation into the murder of Meredith Kercher we have confirmed that a person whose initial is F. would occasionally supply drugs to Amanda Knox, as well as having a relationship with her supposedly of a sexual nature.” So begins an [official note] annotation of the Flying Squad police in Perugia dated January 19, 2008, two and half months after the terrible murder of the young British student Meredith Kercher. An annotation that could open a new, worst-case scenario on the Perugia murder and on one of its most talked-about protagonists, Amanda Knox, besides making it possible to convince the USA to send her back to Italy for a new trial.

But why is this annotation so important? And who is this mysterious F. that is now entering the scene? Let’s see. When Amanda came to our country to study, in September 2007, did not yet know Raffaele Sollecito, the guy from Giovinazzo who will be accused together with her and Rudy Guede, a thief and drug dealer, of the murder of Meredith. But she soon started to hang around characters implicated in a drug ring for university students in Perugia. A particularly disturbing entourage of whose members included dangerous multi-convicted felons. The first one is precisely F. We will not disclose his full name or F’s last name, for reasons of discretion, but GIALLO knows them.

In 2007, F. is a student of psychology from Rome, much older than Amanda. The two meet on a Milano-Florence train and decide to visit the city together in the evening, Knox having gotten rid of [her sister] she and F. smoke a joint together. “My first smoke in Italy,” says the same Amanda on MySpace, a social network site that was popular seven years ago. The two end the Florentine evening in his hotel room. Photo evidence of this new friendship was formerly on Myspace, because Amanda publishes a photo of F., half naked. An aunt commented: “Do not date strange Italian guys.”

Once she settled in Perugia, Amanda continues to have contact with F. His number is in Amanda’s phone book, and they both frequently called each other, before and after the murder.

F., also appears in a “list” of Italian guys she slept with which was compiled by Amanda on one of her big school notebooks and also in her autobiographical book Waiting to be heard. In the book Amanda talks about F. but changes his name and calls him Cristiano. Maybe to protect their privacy, maybe to obfuscate opinions. She writes of him: “I promised my friends that I would not end up sleeping with the first guy that comes by, but F. was a change of plans.” Further adding that in Italy smoking joints is simply normal, “like eating a plate of pasta.”

On the other hand Amanda spends a lot of money in the several months she’s in Perugia. In September, she draws out $ 2,452 from her bank account, that’s 1,691 euros. How did she spend it? No one has ever investigated this, and she does not explain it. She says she used the cash for living [expenses], but considering that the rent she had to pay was only 300 euros, and that twice a week she worked as a waitress in the bar of Patrick Lumumba, Le Chic, putting more cash in her pocket, the [living] expenses seem really excessive.

What does Amanda do with all that money? For sure she does not buy only hashish, which is not so expensive. Was she, then, using cocaine? The [police] annotation makes you think of it. And this could explain both the state of alteration of the girl on the night of the murder as well as a possible motive. Amanda that evening returned home to get some money to pay for the drugs, and she encountered Meredith? The girls had a fight, as Rudy Guede says in his reconstruction of that night, why, did Amanda steal Meredith’s money? Was Amanda on her own, or maybe she made sure she was accompanied by Rudy or other drug dealing friends?

No one has ever investigated this, or Amanda’s dangerous acquaintances. So dangerous that the same F., in 2011, was arrested. To be precise that started from the analysis of Amanda’s mobile phone, police investigators found that in fact F. and two of his close friends, Luciano and Lorenzo, were part of a major drug ring: all three ended up on trial for selling cocaine.

On January 14, 2011 they were all sentenced. The court judges established that Luciano was the one that supplied the other two: He was to serve two years and eight months in prison.

But let’s read the rest of the police annotation because what this reveals is really disturbing: “F. is contacted by phone by the presumable clients placing an “order” with him of the quantity of drugs they want to buy and in turn he contacts various Maghrebi characters ordering. It is also established that F. associates with multiple-convicted offenders of very serious crimes in the matter of drugs, and with persons such as A. Luciano, with whom he maintains frequent contacts aimed at drug trafficking.”

And precisely in this way Luciano, linked to F., a friend of Amanda, has a terrible past. The cops wrote this about him: “The above-cited Luciano on the 28/7/2006 was arrested by the carabinieri in Foligno because he was responsible for the murder attempt of his brother, who gave him 16 stab wounds inflicted with a kitchen knife.”

Luciano, therefore, who sells drugs in Perugia and provides supply to F., with whom he is often in touch, is an unsuccessful killer. Only a year before the murder in Perugia, under the influence of drugs, he tried to kill his brother during an argument over money and drug dealing. Luciano, out of his head that evening, grabbed the knife with which he was slicing a melon in the kitchen and stabbed his brother’s body 16 times.

A scene not so different from what the judges think happened in Meredith’s house, and even from what was described by the same Amanda on the 5 November 2007 when, at the end of a night of contradictions and anguish, confessed giving culpability of the murder to Patrick Lumumba, the owner of the bar Le Chic, who later proved to be unconnected with the facts of the case. Amanda said: “Patrick and Meredith went to Meredith’s room, while I think that I stayed in the kitchen. I heard screams and was scared, I covered my ears.”

Where were, F. and Luciano the night of the murder? And who was there that night, instead of Patrick? Questions still unanswered. What seems likely, however, is that Amanda was not with Raffaele, who was at his home on his computer. The judiciary may now decide to open a new file on her. Will the USA grant extradition?

Here is the translation of Dr Mignini’s interview with Giallo translated by Kristeva.

Luciano [Giuliano] Mignini, the judge leading the investigation, talks “Amanda knows how to lie very well: she seems sincere and credible ...”

[GM] The magistrate has directed all investigations: it is she [Judge Matteini] who had Amanda, Raffaele, Patrick Lumumba and Rudy Guede arrested.

[GM] “In the Supreme Court of Cassation new revelations don’t count” Giuliano Mignini, deputy prosecutor of the Attorney General Office of Perugia and public prosecutor of the first trial for the murder of Meredith [Kercher], goes straight to the point.

Mr. Mignini, pending the Supreme Court, Raffaele Sollecito seems to have distanced himself from Amanda Knox. He claims he is not certain that the American girl has spent the whole night with Sollecito ...”

[GM] “All this is irrelevant. In Court of Cassation only questions of laws can be raised. They do not take into account the new elements of reconstruction of the facts. Trials are based on the acts of the proceeding. Sustaining now a different reconstruction of what happened is a question of merit that does not in any way interest cassation.”

Amanda has repeatedly argued that her version of the facts had been affected by heavy pressures from the prosecutor’s office.

[GM] “Nothing could be more false. The process of investigation and trial proceeding of Kercher’s murder has had from the beginning an unprecedented media pressure, which has confused some ideas in public opinion. The trial should take place with the guarantee of an adversarial process, with equality of prosecution and defense. When one steps out of these parameters one ends up with a trial through the media. In this scenario, the foreign press, especially the American one, not taking into account our legal system, has given its input. They created a discourse that sounds a bit like this:she is one our fellow citizens and therefore she must be innocent. “

And if today even Amanda was to change her version?

[GM] “I would be astonished. She had plenty of occasions to tell her truth”

What was your impression of Amanda?

[GM] Amanda is very intelligent. She cleverly tried to divert suspects from her, as in the case of the staged burglary, a huge lie. Amanda is shrewd like when she accused Patrick Lumumba. On that occasion she appeared credible, she was crying. She looked as if terrified. I believe she’s a very theatrical girl and in a certain way even anti conformist: while everyone was crying and were worried, she was doing cartwheels.

What was her relationship with Meredith?

[GM] “Amanda did not like to be contradicted and had a conflictual relationship with Meredith. There were constant arguments regarding Amanda’s behaviour that Meredith could not tolerate. She believed that Amanda stole her money.”

And what type was Sollecito?

[GM] Raffaele is an enigmatic character. He is a shy young man who was subjected to Amanda’s strong personality. He was very attracted to Knox who in the meantime did not disdain the company of other acquaintances.

About acquaintances, Amanda knew some drug dealers. Could they have had a role in the murder?

[GM] “I cannot answer this” But then writes down their names.

[By] Gian Pietro Fiore

3. Our Comments On The Giallo Report

As observed above, for Italians most of this is actually not new news. The new news is that Giallo now has all the dealers’ names, from the open records of the police.

Giallo’s mention of a possible new trial is presumably connected to this drug-dealing, as the trial for Meredith’s murder and Knox’s and Sollecito’s failed appeal have both concluded, and only Cassation’s endorsement of the verdict is awaited.

Giallo’s references to Guede as a drug dealer and thief are both unproven. He had no criminal record prior to final conviction by Cassation. He was never a police source, and got zero breaks, ever. He was unknown to Dr Mignini until some days after Meredith was attacked and forensics identified him.

4. UK and US Media Get Key Fact Wrong

The UK’s Daily Mail has wrongly claimed that Italy’s Giallo magazine had reported as follows: “Italian prosecutor from Amanda Knox trial gave newspaper list of drug-dealer names associated with American student”.

In their headlines the US’s National Enquirer and Radar Online make the same wrong claim, though they quote enough from Giallo to show how that magazine really re-surfaced the report.

So for now UK and US media get that key fact wrong.  This surely wont be the end of it though. The story finally has legs of its own, and clearly the media in all three countries have a willingness to pursue it more.

In the interview also posted on Giallo Dr Mignini doubted that even now Knox will tell the truth - in fact it is hard to see what she can say. We will wait and see.

5. Ground Report Also Gets It Wrong

This shrill report from “Grace Moore” about Guede and Dr Mignini in Ground Report is both seriously wrong on the facts and defamatory - she should try saying that sort of thing about any American prosecutor.  “Grace Moore” should find out what the roles of Judge Matteini and Prosecutor Comodi were, and why after a malicious prosecution against him Prosecutor Mignini is riding high on Italian TV - and pouring cold water on satanic claims about any crimes.

Paul and Rachel Sterne, the father and daughter owners of Ground Report which carries well over 100 similarly inflammatory posts, could in theory be charged by both Italian and American prosecutors, as they are an eager party to bloodmoney (a felony), harrassment of the victim’s family (a felony) and obstruction of justice under Italian law for poisoning opinion out of court (another felony).

They need to clean up their site and make some amends.   


Click to enlarge


Friday, July 25, 2014

Why It Will Be Republic Of Italy v Knox And Sollecito For The Myriad False Claims They Have Made

Posted by Peter Quennell



Bergamo in the foothills of the Alps where the journal Oggi is published


Yesterday’s post quotes some statements that Sollecito has already started winding back.

For Raffaele Sollecito that marks a significant first. Amanda Knox still seems headed the other way, pouring yet more gasoline on the flames.

Yesterday’s post also mentioned the growing pressure the Italian system is asserting to surface and adhere to the truth. When Cassation rules as widely expected, that Knox’s and Sollecito’s appeals did fail in Florence, and off back to prison they must go, Italy probably wont stop there.

It needs a single truth to stand at the end of the day, and in the courts is how its inquiry-based system arrives at that truth. More prison time is probably ruled out, but there should be some big fines. And that truth.

Sollecito wrote those claims quoted yesterday only in English, of course, exclusively for English-speaking audiences. There are no editions in any other language, certainly not Italian.

The only claim of those quoted yesterday that is widely known in Italy is Sollecito’s false charge, challenged on national TV, that the prosecution offered him a deal for his turning on Knox. That was one of his many claims accusing Italian officials of crimes. All his other claims are still sleepers in Italy.

Sollecito’s father Francesco was asked on national Italian TV why the book was not written or published in Italian. He awkwardly replied that no Italian publisher was interested; he didnt name even one that refused.

He didnt explain why it was written on the US west coast with the help of a British-born shadow writer (an unfortunate choice: Gumbel himself seems to have a big chip on his shoulder about Italy after his stay there, like Peter Popham and Nina Burleigh; unusual but it happens).

So, with no Italian version, what passages in what language were those Italian publishers if any shown?

Not much liked in Italy, Sollecito has been trying to burnish his image there since 2008 when he began writing diary-type reports on several websites.

Passages from the book put into Italian by the Republic of Italy for his book trial in Florence could come to irritate many Italians, and really rain on his parade in the months coming up.

Good reporters should perhaps press Knox to release the Italian version of her own book and let Italy have a close look.

It was yanked from publication at the last moment (like the UK version) when the US edition came out. Some excerpts were put into Italian by Oggi. See our own rebuttals here.

Their publication along with some other articles has resulted in both Oggi and Knox facing a trial in Bergamo. The statute of limitations on the entire book itself expires in 2017. If and when Italy targets all of Knox’s malicious claims she could find her parade rained on too. 

Both books are available globally in the Kindle edition and so a few English-speaking Italians have read them that way. The only version of Knox’s book that was officially sold in Europe was in German. There’ve been no others so far though a Spanish translation may exist.

None of the other English-language pro-Knox books have been put into Italian either. In fact the only book translated into Italian that takes Italy to task is The Monster of Florence by Spezi and Preston - and that one is quite different (very toned down) from the edition in the UK and US.

Back here on Planet Earth, various objective books on the case have been written and published in Italian, which kinda shoots Francesco’s claim in the foot that there is no interest among publishers there.

Those books are mostly quite classy affairs, carefully researched. All the books (like TJMK) essentially concentrate on explaining the prosecution’s case in depth, and those from late 2009 all saw “case proven” after the Knox and Sollecito lawyers put on an ineffective defense.  There isn’t even one which says Italian officials maybe got it wrong.

The Knox people sued Corriere for damages over the Sarzanini book and in the third round won, but that was only because the book published excerpts from Knox’s prison diaries - which her own people had put around - which invaded the privacy of others she mentioned.

The Sarzanini book is still on sale in Italy and was not ordered withdrawn, so Knox at most won half a loaf via her case.

Our main poster Yummi has at various times pointed out that over 100 prosecutors and judges have been assasinated in the anti-mafia fight.  Hate stirred up in the US for Italian officials is of real concern, because it could have a nut with a gun headed to Italy to “even the score”. Hate messages have been received.

Hate is still being perpetually beamed at the real victim’s suffering family as well. That started way back in 2008. There is zero precedent for that - in fact the US and UK and Italy all have strong anti-harrassment laws.

So Knox and Sollecito, and by extension Sforza and Fischer and Moore and so on, will face put-up-or-shut-up time in court on a whole row of claims which appear to Italy malicious and wrong.

Italy wants a searchlight cast on those.  It is for this reason above all that the book trials will take place. To wind back the hate, and to cast light.

This whole publishing scene (really two parallel publishing scenes) is absolutely unique in the world. It shows in stark terms the cowardice of the “public relations” wave of defamation which Curt Knox brought alive in 2007 and beamed away from Italian speakers.

No wonder Amanda Knox could not bear to head for Florence late last year for her own appeal - or “new trial” as she still seems to suppose. Her team has burned too many boats.

Gee thanks dad for that….


Wednesday, July 16, 2014

Overkill Of Knox/Marriott PR Causes Sollecito-Camp Reaction And Seeming Hurt To Knox Herself

Posted by Peter Quennell



Seattle, generally such a huge plus in the world, embarrased by the river of slime

Act 1. Hubris Of The Knox Public Relations Described

A long report on Marriott’s PR appeared late in 2011 after Knox was provisionally released.

David Marriott never visited Amanda Knox during her four years in an Italian prison.  He met her this month, when she stepped off a plane in Seattle.

Yet for Knox and her family, Marriott was as important a player in her ordeal as anyone in the courtroom. As Knox’s publicist, beginning three days after her arrest, Marriott worked to convince the international public that she did not murder her British roommate while studying in Perugia.

“Hiring him was one of the smartest things we ever did,” said Curt Knox, Amanda’s father.

The article goes on to describe how family and friends were pushed into the limelight and specific big TV networks targeted.  It talks about great financial opportunities for Knox.

Marriott himself demonstrates no understanding of the case - in fact. he sounds proud of his ignorance and his reflexively anti-Italy stance. To a smarter Curt Knox those might have been red flags.

Act 2: Brutal Overkill Of A Flailing Campaign Described

In October 2013 our main poster Media Watcher laid the blame for the slow-moving Knox media cooling at David Marriott’s door.

Now The Examiner is only one of many preparing to take another retaliatory whack.

Public relations is perfectly understandable for celebrities, politicians, or executives, but murder suspects too? At first this aggressive proliferation of pro-Knox articles, tweets and commentary were justified as a defense against the European media’s negative portrayal of her. However, as time wore on, the overpowering presence of Knox’s media campaign has reached outlandish proportions.

Nowadays no blogger is safe to write a factual article about the Meredith Kercher Murder Case without contemptuous comments filling up their Disqus community. Patient webmasters at CNN.com must brace themselves for the onslaught of tens of thousands of interjections cluttering up each and every news article concerning the Meredith Kercher cum Amanda Knox murder case. Mob mentality seems to have taken over Knox’s PR initiative. Knox’s advocates have gone so far as to aim their crosshairs on the victim’s family.

The article, very well researched so far as it goes (it omits the third act below) goes on to describe how Sollecito’s camp has had to open a PR front to unchain Sollecito from Knox. 

Act 3: How Knox Herself Is Losing Big Described

Know your enemy. Dont go about attacking the king unless you can kill him dead. Italy’s Niccolò Machiavelli (1469-1527) wrote about it in The Prince:

If one is striking out at an opponent, one should make sure that the fatal blow is struck, successfully ending the confrontation. Machiavelli wrote that “the injury that is to be done to a man ought to be of such a kind that one does not stand in fear of revenge.”

Wise words for Marriott and Curt Knox. They have remained steadfastly ignorant of the enemy. The attack has clearly failed. Wall-to-wall Italy now has the upper hand. And the PR is a millstone around Knox’s neck.

Here are seven of the ways the Knox-Marriott campaign has fallen short and has actually done real harm.

    1) The real case for conviction remains rock-solid with many times the number of evidence points that a US or UK court would require for guilt.

    2) No paper trail helpful to Knox exists between the American Embassy and the State Department, and the extradition agreement is precise and firm. 

    3)  Knox’s bedrock claim, that she was pressured into a false accusation, not only cost her three years for calunnia but will cost her a defamation trial.

    4) The defamatory Knox book that was the windfall David Marriott so jubilantly talks about is turning into an albatross around Knox’s neck.

    5) The bloodmoney windfall will not remain Knox’s to keep, under Italian and American laws, and even Marriott’s fees could be at risk.

    6) The PR is being unresponsive to ANY damaging claims, such as Knox’s attempted framing of Mignini, and its output is increasingly surreal junk.

    7) The PR is making the Sollecito camp hostile, Italian media too; at the same time, since the failed appeal, the US media have chilled.

And so we see the slow death of a campaign built on xenophobia, racism, personal abuse, zero understanding of the details of the case, and zero understanding of the real Italy and its law.

Italy is actually rather a sucker for confession and penitence. Against a famously impervious justice system, the hard line was a terrible, terrible mistake.

Coming soon? “Firing him was one of the smartest things we ever did” says Curt Knox.


Below: From the Examiner, David Marriott and Seattle TV reporter Linda Byron


Friday, July 11, 2014

The Knox Interrogation Hoax #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov

Posted by The TJMK Main Posters



[Sollecito at trial on the day when Inspector Moscatelli testified]

1. What Really Happened on 5-6 November

The introduction to Hoax Post #1 explains what really happened at Knox’s recap/summary session on 5-6 November 2007.

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

Posts #1 to #8 included all the testimony from three police staff (Ficcara, Zugarini, Donnino) who sat with Knox, and then some of the testimony from Napoleoni (who was mainly with Sollecito) and Giobbi (an officer from Rome who was elsewhere in the questura and overheard Knox’s conniption). 

Inspector Daniele Moscatelli was also from the national police in Rome. He had previously questioned the boys who lived downstairs, and on 5-6 November he led the discussion with Sollecito, who was in a room some distance from Knox. On this night, the subject was to be some discrepancies in Sollecito’s phone records. Expectations were low, and many others were still being similarly questioned.

There was some limited interaction with Rita Ficcara’s recap/summary session with Amanda Knox, so the claims made here and their timing will become very important.

At the end of the session Sollecito’s signed statement for Inspectors Moscatelli and Napoleoni included this about Knox :

I know Amanda for two weeks. From the evening I first met her she started sleeping at my house.

The first of November I woke up about 11.00, I had breakfast with Amanda, then she went out and I went back to bed. I then met up with her at her house around 13.00-14.00. In there was Meredith who left in a hurry about 16.00 without saying where she was going.

Amanda and I went to the [town] centre about 18.00 but I don’t remember what we did. We remained in the centre till 20.30 or 21.00.

I went to my house alone at 21.00, while Amanda said that she was going to the pub Le Chic because she wanted to meet with her friends.

At this point we said goodbye. I went home, I made a joint. Had dinner, but I don’t remember what I ate. About 23.00 my father called me on my house phone line.

I recall Amanda was not back yet.

I web surfed on the computer for two more hours after my father’s phone call and I only stopped when Amanda came back in, presumably about 01.00”¦

In my previous statement I told a load of rubbish because Amanda had convinced me of her version of the facts and I didn’t think about the inconsistencies.

This will already be a long post, and the last for now on testimony from the police. So we’ll highlight all the devils in the details of all this police testimony in our next post. This translation is by Catnip and is also posted on the excellent wiki.

Click here for the rest


Thursday, July 10, 2014

Are The Rank-Amateurs With Their Hooks In Knox Dividing Into Two Flocks Of Sheep?

Posted by Peter Quennell




Confusion Increasingly On Display

Publicly berating the Sollecitos, Kerchers, Italy and Europe has had a detrimental effect on Knox’s public persona?

So says Sophie in the forum text above. Smart take. But Clive Wismayer himself has posted some pretty wild accusations against Italian officials which absolutely dont help Knox at all. People like him should go.

Click here for more of those postings by those supposedly helping Knox. (Guede did it alone? Really?) The postings are a month old, but we hear the internal disputes are now way worse. Three obvious problems stand out.

1. The Sollecito Headache

They dont know as a group whether to try to hug Raffaele Sollecito and his family closer, or to nuke them, in the FOA’s usual mode. Some now incline one way, some the other, and it is splitting them apart.

The Sollecito backlash almost certainly isnt done yet. They dont like Knox at all, and further talk of resisting extradition and further demonizing of Italy and justice officials hardly helps them, and will see them back in front of the press.

In no circumstances will Bongiorno ever again let Sollecito get attracted back to the people who have their hooks in Knox - Bongiorno took the harder line at the press conference, and burying the very damaging claims stuffed by the Knox people into Sollecito’s book is sure on her radar now.

2. The Bloodmoney Headache

There’s rarely much money to be made legally out of trashing murder victims and their families and justice officials as the Bruce Fischers have set out to do. Amanda Knox did get a windfall payment out of her hapless book - but is THAT turning into a two-edged sword…

There’s nothing like a huge pot of money unfairly distributed to make people who feel used and unrewarded walk off. So says Clive Wismayer in the text. Knox is clearly acting cheap, maybe because she sees no career ahead, and may have squirreled much of her bloodmoney away for the reasons given here.

Some like Ted Simon seem to have had a very big payday, the lawyers and experts and Marriott and travel and hotels have all had to be paid-for. Media sources tell us that none of their reporters get within miles of Sollecito or Knox without a greedy hand coming out.

And Knox still has to pay the damages awarded to Patrick for maliciously wrecking his life, or risk more time inside.

Knox is to be charged for the false claims in her book on the same lines as Sollecito and the damages awarded could be huge. Knox’s publishers have their own liability, but may have been misled, and if they are made to pay damages, they could set their lawyers on Knox.

3. The False-Labels Headache

That “guilters” smear used freely in the text above is an albatross around their necks. It stops them seeing straight and being fully informed and (especially) trying to convince in reasonable terms.

Competent American lawyers and PR would have stopped Knox supporters painting themselves into such a corner long ago on the grounds that it just doesnt work. They dont know their enemy as a result.

What they are really up against is not only people posting translations and analyses on websites (people much more qualified than themselves) but also all the forces of justice in Italy and 90 percent of the population who clearly can see guilt.

The pro-Knox conspiracists are in fact a very small faction. The in-group at the core is a dozen or two at most. Perhaps a few hundred now who might lift a finger for Knox.

In contrast, those who see a case for guilt - and who revere the victim and Italy and its officials and system - are not a mere faction at all.  Between them, they are huge. Good smart reasonable people who are very well informed and are certainly not driven by hate.

A lot of what websites like this do, in a media-created vacuum of hard facts, is to simply pass on reliable information from Italy in competent translations of key documents and timely and comprehensive reports.

This “guilters” smear has blinded them to that, and so “garbage-in-garbage-out” and paranoid suspicions and ranting language have become their plagues.

And with no real help, Knox faces 28-plus years.


Sunday, July 06, 2014

Spitting In the Wind: Sollecito News Conference Backfires On Him AND Knox - What The Media Missed

Posted by SomeAlibi



Raffaele looks for divine inspiration? Precious little showing at press conference on Tuesday

What on earth were they thinking?

At Tuesday morning’s press conference Raffaele Sollecito’s team did at least two completely inexplicable things.

Firstly, they scored a spectacular own-goal on the facts surrounding the murder of Meredith Kercher, which has been missed by the press.

Secondly, they did it all for no legal benefit.

In the run up to the press conference it was widely trailed that Sollecito would throw Amanda under the bus by removing her alibi - that she spent the whole of the night of the 1st of November with him at his apartment. After the press conference, it was widely reported he’d done that very thing.

Wrong. Very wrong. In fact, Team Sollecito did the opposite and put a position forward entirely consistent with how the prosecution says Knox, Sollecito and Guede all come together.

Speaking in tongues

There are only a few grains of sand left in the hourglass before Cassation and confirmation of the sentence, which will see Sollecito return to jail until he is well into his forties. You would have thought that it would be “absurd” for him to do anything other than speak clearly and unequivocally.

But that is precisely what didn’t happen…

Sollecito and lead counsel Giulia Bongiorno performed a bizarre tip-toe dance, avoiding saying anything clear or direct. Instead, they made points by reference and allusion, with an unhealthy assortment of metaphorical nods, winks, heavy coughs and adjustments of the lapels at key points.

Did Raffaele say that Amanda left his apartment in the early evening? No. As Bongiorno tortuously phrased it: “Raffaele takes note of the fact the court of appeal found there was something of a lie over Amanda’s whereabouts”¦ of the fact the court [says] she was not with him in the early evening”.

Takes note? What on earth was that all about? Well, the sentence mangling was because at the final Cassation hearing next year, no fresh facts can be heard. The only arguments that can be heard are on failure of due process or failure of logic and reasoning as pmf.org Italian legal expert Popper explains extremely clearly here:

I think we should clarify a number of points after discussions of past few days:

1) Corte di Cassazione does not hear evidence and can only discuss the possible invalidation of a sentence or part of it ref the points appealed, not other points. Corte di Cassazione does not hear defendants or private parties. In public hearings only a specific category of lawyers (Cassazionisti) can speak before them

2) Corte di Cassazione therefore cannot take into account evidence now given spontaneously by the defendant RS directed against AK (eg open door of Filomena) as in Court he has never accepted cross-interrogation of AK’s lawyers, except if on some points RS’ lawyers appealed in writing for manifest illogicality of reasoning but what he says now cannot be used. Keep in mind Cassazione cannot discuss the merit of the judgement of Nencini and Massei, only invalidate it if this judgement and reasoning were based on clearly illogical arguments or neglected key evidence

3) Only if Cassazione invalidated Nencini and remanded to a further appeal a possible renovation of “istruttoria” (evidence discussion) may take place. Otherwise all RS has to say now, even if he confesses she did it and he only helped clean [unlikely IMHO], cannot be taken into account by Corte di Cassazione and would have to be the possible argument for a “revisione del giudicato” (a case in which, after a final judgement, a convicted person claims there is a clear error and brings solid evidence to prove it, it is quite rare only in case of obvious errors. Procedure can be easily denied and IMHO will be denied if he said he just helped clean as Courts have already considered that scenario and rejected it)

4) any discussion on cocaine was not taken into account to convict (even if true, no evidence they sniffed that night) and will not be taken into account by Corte di Cassazione, in theory will not be taken into account for extradition hearing in US Court as this only verifies there is a conviction and treaty respected. PR is another matter, but I think it is not correct to say that would be added to extradition request and may change legal course. Same goes for garage video.

5) The press conference of RS was useless, the panel of Corte di Cassazione judges has not even been appointed and, while not illegal, it is completely unusual for a defendant to hold a PC talking about an appeal (RS is not a public figure or administrator). What counts is the appeal document that we have read. The “great” point that AK does not talk about RS in memoriale is too stupid for me to discuss it here. We must conclude this was only publicity for Bongiorno, she knows she is likely to lose and wishes to make it seem it is a close call. She has minimal chances, approximating 0%.

6) RS has very low chances to succeed, and LG for AK even less, as Corte di Cassazione explained well what they wanted and Nencini gave it to them. Court presided by AN explained who the people concurring with RG in the murder are and gave clear logical explanation for such conclusion. Also, Nencini confirmed first instance, a trial that was perfectly valid for Cassazione after first appeal was invalidated.

There have been cases of a double iteration at Cassazione eg in very complex terrorism trials, evidence was scarce mostly based on witnesses who wanted to sidetrack other investigations. Here, as Alan Dershowitz said [he does not know much about case but this and a few other points he got absolutely right] all pieces of evidence point exactly in the same direction creating a good case [AD does not know it is overwhelming; maybe he did not read all docs].

One other thing AD said, most FOA and JREF and IIP tend to forget: Court is the judge, not them, Court has the responsibility to evaluate all evidence and issue a judgement that, as long as explained logically and legally in writing [something a US jury would not be required to do] using all available elements, will stand and be final after Cassazione.


So, Team Sollecito needed to phrase all of their “points” as things already said by the Appeal Court, which are now facts in law unless overturned due to failure of logic etc.

From there they must then try and make insinuations about these “˜facts’, all the while dressing it up as if it were procedurally in accordance with the pre-Cassation phase. Even though “¦ and here one should be allowed a Pepto Bismol given all the twisting and turning”¦ as Popper explains, it will have no effect on the outcome whatsoever.

In the real world, it was quite clear that what Sollecito was actually saying was, “Yes, she did go out in the early part of the evening, even though I’m not personally saying it, those are the Court’s words.”

He left a massive hanging dot dot dot in place of: “˜Hey everyone - Amanda went off and performed the murder with Guede, not me! No, I haven’t stated the time of her return, because it’s not me talking, it’s the court, but she was out, so figure it out for yourselves”¦’




Not with him in the early evening, which is not the night, we are told, that begins around 11:00 pm

The light at the end of the tunnel has steam billowing underneath it

Here, Team Sollecito run into a horrendous brick-wall of facts which lays Raffaele and Knox out cold. It’s not hard to work it through, but the world’s weary press are too fatigued by this case to even do some simple “if-then” calculations and draw the appropriate conclusion.

So, let’s do it for them here”¦

  • Team Sollecito are saying Knox went out before she sent her SMS reply to boss Patrick Lumumba at 8.35pm. This is in accordance with the case for the prosecution from day dot. They now agree, as the prosecution have always said, that Knox is out of Sollecito’s flat sometime before 8.35pm. (In fact, we know it’s by at least 8.17pm because this is when she received Lumumba’s text to say that she didn’t need to go into work).

  • Team Sollecito then pause and wink to let you do the math(s). If the murder occurred circa 9.30pm by their estimate (which it didn’t, but let’s go with this for a second) and you don’t know when she returned to Sollecito’s for the night, then he couldn’t have done it, because he was at home, but she could.

Here, the Press stop and report Amanda is under the bus. Thank heavens for that, not a stain on Raffaele’s Warren Beatty white suit and can we all go home now?

Wrong. In fact, it’s a horrendous own-goal, which ricochets in hard off the testimony of both independent witness Jovana Popovic and Raffaele’s own father Francesco.

  • At 8.40pm, Popovic arrives at the front door of Raffaele’s apartment and testifies that Amanda Knox opens the front door. It has been suggested that Popovic’s self-estimated timing of 8.40pm is wrong, but this rings very hollow indeed. Popovic had done the walk from her late class ending at 8.20pm many times, and knew it took 20 minutes because she lived on the same road ““ Corso Garibaldi ““ as Raffaele himself.  Both Massei and Nencini agreed with this too. Ouch.

  • So Knox, who was out previously, is already back, at least 50 minutes before even the putative time of murder put by the defence and a couple of hours plus before the real time.

  • In fact, Raffaele’s father Francesco testified to the Massei court that he was certain that Amanda was with his son when he spoke to him at 8.52pm that night. And this was not contested by the defence. Double ouch.

So, even if Knox went out in the early evening, she is objectively shown to have been back at the apartment well before 9pm. And, if that is the case, both Knox and Sollecito are 100% back in the frame. And this is even before they are also seen by a third person who corroborates that they were together that night ““ Antonio Curatolo. Triple ouch.

Confirming how three became company

Worse yet, Knox has argued for 7 years that she never left the apartment. If Sollecito now “says” she did, but we know objectively that she is back at least by 8.40pm, it supports the prosecution case.

This was that Knox left for work and walked to near the cottage, in the area of the basketball court at Piazza Grimana, around where she received the text from Patrick saying not to come to work.

This is the exact time that Rudy Guede was having a kebab, only a couple of hundred yards away. This provides the opportunity for Knox and Guede to have seen each other. Knox, suddenly at a loose end, makes a plan, which involves asking for Guede’s help.

What might that help be? Well, the resurfacing story of Knox’s link with a cocaine dealer chimes nicely with the idea that Knox asked Rudy either to supply her or help her get some sort of drugs and that they arranged to meet back up once he had secured them.

Knox then returns to Raffaele’s to fetch him, is seen by Popovic and her presence acknowledged at 8.52pm by Papa Sollecito and son, before they both head out to connect with Guede back at Piazza Grimana. (Remember, this is where Knox “saw” Patrick Lumumba, when she tried to frame him).

Guede, as was his wont, managed to get himself invited back to the cottage, perhaps for a shared line. This is consistent with Knox’s prison piece “The Story of Marie Pace”, where there are at least two++ men present in a kitchen in a “party” type atmosphere taking drugs which ends up with a hospitalised victim.

It’s only one theory and there are others. However, what Team Sollecito managed to do this week was to confirm that Knox left the flat. Objective facts and witness testimony tell us the time by which she had returned.

And, in that round trip lies the entire timing, location and mechanism for how Guede became involved, which otherwise makes little sense. Now all confirmed by Team Sollecito…




One of Raffaele Sollecito’s telling grimaces when Amanda Knox’s name is mentioned

What silence gets you

So what was the point? Face-saving for Raffaele? Hoping to key up populist support? Fat chance in Italy, where the case has been properly reported.

An opportunity to allude to a “truth” (the best one he can think of for now ““ other truths are available) and say that he and his family believe Knox is innocent? Pull the other one Raffaele!

It is quite clear that several members of the Sollecito clan think that Knox absolutely is guilty and their Raffaele is still too “honourable” to tell the truth. He merely aided the clean-up perhaps. Well in that case, why hasn’t he said exactly when she came back? Was it 11pm? 1am? Was it at 5am when the music starts playing. Why won’t he or you say?

Or”¦ was it face-saving for Bongiorno, as she faces defeat and seeks to protect her valued public persona?  Well, as much as I’ve tried, I have no idea what they thought they were doing.

And to be honest with you, I honestly don’t think they were entirely sure, nor did they think through the consequences of the brick wall objectivity of Popovic + Papa Sollecito.

In the meantime, a family sits in Surrey listening and watching the weasel words and once again is insulted by this “honourable” all-in-white character who knows what “Amanda Marie Knox” did that night, but simply will not say.

Which of course he could choose to do at any moment, court proceedings or not, the way us normal human beings do it: not making allusion, not tipping a wink, but speaking the truth.

But he hasn’t and I suspect he won’t, even though it actually would now be the only thing that could mitigate the length of his inevitable prison term.

And for his acts and that silence he still won’t break - and at least here it is possible to finally speak with certainty - I believe he deserves every one of those 25 years.


Wednesday, July 02, 2014

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

Posted by The TJMK Main Posters




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

Neither book is exactly riddled with truths.

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

“Sure,” Raffaele said.

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

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

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

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

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

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

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

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

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

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

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

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

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

 


Tuesday, July 01, 2014

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

Posted by Peter Quennell


1. Today’s Sollecito Claims

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

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

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

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

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

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

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

2. Why This Might Resonate In Italy

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

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

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

3. The Curt & Edda Defamation Trial

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

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

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

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

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

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

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

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

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

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

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

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


Monday, June 30, 2014

Apart From Cassation’s Unyielding Mandate, More Problems With The Belated Sollecito/Bongiorno U-Turn

Posted by The TJMK Main Posters


1. The Appeal’s Grounds For Separation

That bizarre infatuation of Bongiorno’s with Knox as Jessica Rabbit is clearly long-gone.

Now the poor boy was home alone and the absent Miss Rabbit had reason and opportunity. Tiziano posted these ten translated points from the new Sollecito appeal to Cassation, which seems to have the highly nervous Knox camp’s tongues tied.

Among the numerous flaws the proceedings appealed against present, the one linked to the claimed impossibility of differentiating between the two accused stands out.

On this point the Appeal Court denied any in-depth analysis at all of the individual roles - an investigation urged by the defence - avoiding taking any position about alternative constructive hypotheses.

10 points are enumerated by the defence in this regard:

- AK’s memorial referring to events at via della Pergola was in the singular

- AK reported receiving SMS not to go to work from Lumumba, but went out just the same

- AK admitted having lied to RS

- RS did not calumny anyone: the accusation against PL was never confirmed by RS

- AK in her memorial positioned only herself at the crime scene at the time of the scream

- only AK’s blood was on the knife blade

- no mixed traces RS/MK were found and highlighted by luminol in the house

- Quintavalle claimed to have seen AK the morning of November 2nd, not RS

- RS did not know RG and had no reason for wanting MK’s death

- the alleged bad relations and the question of disappearance of money regarded only MK and AK


2, Popper Explains Why They Will Go Nowhere

Popper the highly informed Italian commenter on TJMK and PMF has explained on a previous post why this will fall on deaf ears in Cassation.

if RS said something he has not said before it would make no difference now. No more evidence can be admitted at the trial.

Fase istruttoria is over as judgement of merit.  Cassazione can only respond on points appealed and they must be points of law otherwise they are not admissible. Defendants do not talk in hearing.

Once they are convicted, for example, if he had new information on the case and new evidence that proved (in a convincing way) he is not guilty, he could ask for revisione, basically a review of the trial.

He clearly has nothing to say though ... if he said she went out, judges knew that already. If he said that night he was in Milan and could prove it conclusively, that could trigger a review of a final sentence.

We are clearly talking in theory, no such thing will happen.


3. Could The 10 Points Have Worked Previously?

If Judge Nencini was still in the saddle could the ten points have had merit?

Our continuing Interrogation Hoax series has been hammering on the fact that on 5-6 November 2007 quite unpressured Knox herself did state that she went out alone without Sollecito on the night Meredith was murdered. 

But these ten cherrypicked points above and a claim that RS was not even at Meredith’s house that night are self-destroying over-reach. They would not have caused a win or partial win for Sollecito. Not one of them stands up as a get-out-of-jail-free card upon close readings of the reports of Judge Massei and Judge Nencini.

The lower courts did NOT deny analysis of the individual roles - the two themselves opted to be tried together, while Rudy Guede, fearing two snakes, chose to be tried separately.

WHEN did the defense urge investigation of their differing roles? What did the Massei trial court miss? It had many months of the sight of Sollecito - sitting there sulky, saying little, not taking the stand. Yes, not assisting Jessica Rabbit with an alibi, but that was not so obvious.

The wounds on Meredith and the evidence points in Meredith’s room point overwhelmingly to three attackers. They prove the use of two knives from opposite sides. It was Sollecito’s knife that was used for the fatal blow; that remains unshaken - actually, more confirmed by the Carabinieri.

See Ergon on the implacable knife evidence. Sollecito was the knife fetishist, and the one who was already into the cocaine or crystal meth that Knox was probably on judging by her telling smell the next day, her bizarre behaviors through the week following, and her odd money trail.

See the implacable evidence against him on the bathmat by SomeAlibi and Yummi.  That footprint had to have been imprinted within a few minutes of the end of the attack on Meredith.

After the hijacked Hellmann appeal in 2011 Sollecito was deeply craven to Knox and her family and entourage on the US west coast. Craven to the extent that his own family (which despises the Knox-Mellases and blames Knox for his predicament and their lost name and enormous expenses) once hurriedly hopped on an aircraft to Seattle to enforce their separation.

Sollecito’s hapless book-agent Sharlene Martin and shadow-writer Andrew Gumbel both live on the West Coast and Knox’s radioactive FOA obviously provided most of the malicious fantasy that constitutes his defamatory book.

Playing chicken with the Italian justice system is notoriously suicidal. The crazy aggression of the Prestons, Fischers and Moores did not help Sollecito at all at the Nencini appeal (though it helped Knox even less - she got handed the longer sentence.)

The gods-in-their-own-minds in the FOA got Sollecito no US job and no US viza. The email to Judge Nencini and the appeal to ECHR and the promised fight against extradition for Knox are to him merely insults, and attempts to separate Knox off.

So, back in Italy, he is confused, let-down, disgruntled, and loaded for bear. Knox was the loose canon in 2007, Sollecito is the loose canon now.

Here is a key exchange between our main posters SeekingUnderstanding and Hopeful from previous threads.

4. Take On RS Now By SeekingUnderstanding

[t does seem so very sad and frustrating that Raphaele did not open the window of opportunity, as Judge Nencini tried to nudge him to do, just before Christmas.

He is less easy to read than Ms. Knox , for a number of reasons - more introverted, less articulate (certainly in English; but he also doesn’t seem expressive in his own language), and because of the psychology itself.

You may remember I suggested AK finds it unbearable to acknowledge her darker side, to own her projections; unbearable to be thought of as ‘a monster’, to be unlovable, or indeed hated by people. This may be a strong component in her lying.

I believe Raphaele also finds things unbearable, but whereas Amanda appears to turn this unbearable feeling into lashing out to others, - I think in Raphaele, he finds himself and ‘what has happened to him’ (passive aggression) unbearable. His judgement has not only been poor, but catastrophically poor, - and he must know this. One wonders why the self-destruct.

He knows his life is ruined, and he knows his appalling judgement was instrumental. He truly doesn’t have confidence in himself, but bluffs anyway. His ‘ex’, by contrast,has too much. If only she could have self-doubt, and feel shame.

He is not unintelligent, by no means, yet his choices and decisions at times have seemed near idiotically stupid. So there must be something else going on, something deep in his psyche that causes such confusion in his mental and emotional universe.

He seems unable to organize his emotions. He appears to want or expect or need a woman to ‘sort them out’ (sort him out). His relationship with his mother would probably reveal the source of this. How did she manage her emotions? Or did they rule her? . These are the sort of questions I might be asking. He seems overwhelmed, swallowed up by the juggernaut that AK set in motion.

Was his mother easily overwhelmed by life’s problems? Something has gone wrong (drastically) with a healthy model for his ‘anima’.

Where Amanda is the arch manipulator, he is highly manipulable. He seems to copy. Like her, his self-identity is weak, but for different reasons. Drug use, I would suggest, has been both crucial and disastrous for his mind. From this point of view, prison will be a constructive environment for him, (as AK too). Perhaps without the distorting and illusory aspects of drugs he might begin, over many years, to experience true spiritual (and therefore moral) issues.

I always think drugs give a delusion of spiritual experience (‘the highs’),  - wanting them can be (for an introvert) indicative of longing for something more spiritual, but using them will actually prevent such an experience, emphatically.

So then there is bitterness and emptiness, as well as despair and, still, confusion. Thus the addiction which starts as a cycle in the mind.

I knew a psychologist who worked with highly motivated and successful people in the Arts - people who would have burn out, creativity, and performance issues. He was extremely clever. But he was adamant that there had to be a hierarchy for dealing with problems.

That is to say, if someone was using drugs and/or alcohol to the point of misuse (extremely common in the performing arts), - this problem had to be mastered and dealt with FIRST, before anything else could even be addressed. This may seem irrelevant (as Sollecito hasn’t shown he is creative), - but I would
say the signs are that his past (and current?) drug use needs to be sorted before anything else can possibly be.

Such a destructive shame that this has all dragged on for 7years.

I don’t think he has any idea as to how to give a ‘press conference’ - even supposing , by a miracle, he was going to tell the unadulterated truth. He is way out of his depth. I doubt he has sufficient communication skills in his own language, let alone In English for the American media.


5. And The Take Of Hopeful On RS Now

As he is back in the spotlight for the July 1 press conference, your observations about him are timely. He does seem more introverted than Knox, and less articulate. Correct me if I misinterpret what you said about him, that rather than lash out at others aggressively like Knox does to disperse and blame others for her awful feelings about her dark side, Sollecito does the opposite and feels the weight of shame but turns the unbearable feelings inward. He is poster child for passive-aggressive.

I also believe he does have a sense of deep loyalty and faithfulness to his family, since his father has never abandoned him nor did his mother. He has misplaced loyalties at times, and combines a stubborn streak with false sense of need to persevere after he has made wrong steps.

This comment is mainly a review of what you conclude about Raf, but bears repeating. He is ashamed of his “catastrophically bad judgment.” I agree, his pride is wounded, his vanity more than his love for Knox.

I believe Raffaele sincerely regrets what he realizes he has done to his own family, but still can’t quite confess it. Maybe part of him is sorry but part of him is secretly glad he is controlling his father’s destiny, in punitive action for divorcing his mother. He also sent his sister’s career down the cliff. His sister is really to blame for that so with true passive-aggressive deceptiveness he can hide his responsibility for it while causing it.

His wanky emotions have made a trainwreck of his intelligence and caused him to do “idiotically stupid” things and self-destruct.

His drug use to relieve inner confusion caused by lack of self-identity is a coping method that does more harm than good. His patience is more of a drug stupor that makes him slow to act, than real gritted teeth patience, which may be why we’ve waited this long (6 years) for him to reveal the truth about Knox.

He stayed in a cloud of marijuana until she came along. She liked the drugs, too. He allowed her to set the course of his life because he needed or wanted a woman to sort out his emotions. Maybe he was competing with dad with a new hot blondie, too. He didn’t fathom that Knox would become so extreme and so terrifying.

He underestimated Knox, and she saw she could manipulate and destroy him with one hand tied behind her back. She reveled in the besotted weakling, and she felt superiority over Guede too, and soon despised them both. She wouldn’t fall into some darkened room or quiet void of depression like Raffaele’s mom had done giving up on life. The insulated quiet Italian boy raised scrupulously did not see that with Knox he would be “swallowed up in the juggernaut AK set in motion”. He wanted her power and excited vision, but he couldn’t understand her mental illness that went with it. Love is blind.

As long as he could blame her and not himself maybe he was OK with it, especially with drugs to dull the pain, until he felt the full impact of her punishment and years later her treachery. Finally he grew a brain and saw it was Knox who betrayed him, not vice versa. Maybe the press conference is to set that straight.

His drug use got him through much of his first year of prison when he lost all sense of time and space. He was a basketcase. He probably used meds his last 3 years behind bars as well. Perhaps Dr. Sollecito saw that his son got legal prescriptions for him, maybe even purchasing prison favors that way, who knows?

Maybe Knox scoffed at Raf’s crutch, and she continued to compete with him behind bars. She scoffed at her mom for taking antidepressants. Knox had no room to talk as she herself was reportedly a massive drug user at UW and in Italy found a job where liquor flowed.

Has Raf continued the drug use? Does Greta his new girlfriend use drugs? Or has he sworn them off motivated by anger and determination to clear his head for his legal fight?

The concept of “anima” is unknown to me, although the term is familiar. I will research it online, thank you. Your insights are always valuable, thank you for sharing them. Thanks for educating us in the short comment format which can’t do justice to your full knowledge of the subject, but does shed a lot of light and points the way.


Raffaele’s mother and her sad demise seem to be at the root of her son’s depression. Raf has lack of confidence and the need to bluff where he feels no real power. He and Knox are still learning tricks from each other.

I think Knox may have been a father-figure to him in a twisted way, because Amanda is energetic and adventurous and for a short while in Perugia seemed to have it all together and be a hard worker like his dad. Raf met Knox at the peak of her exhileration with her new life in Italy. Like a drug high, it might not have lasted. He was completely deceived.

He may have felt he could never compete with his older sister who might have seemed to him like Amanda and his dad: energetic, capable, feet on ground. This is probably what Raf needs in his life.

Raf commented on Knox living life as if in a dream, there was no reality in her mind, she lived only for pleasure. Maybe he did not like this side of her. This was his wakeup call and he spoke about it openly because it was something he didn’t like, having thought at first glance she was a strong American. He didn’t know whether to attribute her odd mental impracticality to her nationality, her genetics, her femaleness, or her unknown religious upbringing. He had no clue, and maybe it even made him feel stronger and more grounded by comparison since he had formerly thought of himself as a tetherless dreamer but he didn’t want another spaced out confused dreamer like himself for a partner and was having second thoughts. He preferred her rough kick-butt side. She was the brother he never had, a wild West type, a cowboy to climb trees with and roam the range, the key to a new country after his launch to Munich didn’t work out.

In early childhood Raf maybe got labeled or saw himself as “slow” or “dumb” and began to live a self-fulfilling prophecy. He might have felt misunderstood knowing that he did have a lot of intelligence, but that he did not have the same personality as his dad or sis, and not wanting to be equated with his pushed aside mom. He must have felt very alone.

He also may be carrying a lot of shame about his MPD Psycho habit and his secret fantasy life of violence.

Raffaele may have been turned off yet partly tantalized by his father’s profession. A doctor sees a lot of blood and gruesome things with the body.

Raffaele may hero worship a father who can face such grotesque things without wincing, and a sister who had power with the police and saw crime victims.

You mention the Arts and a psychologist who treated performers with burnout and creative types who needed help or a life coach. Maybe Raffaele does see himself as more that artsy type of person, someone wanting to create computer games, sci-fi fantasy, or be an “Experience Teller”. He did write a book, so maybe he does fall into the category of artistic temperament, which often needs a guide or an infusion of stiffened backbone to face the realities of life in a business sense.

Knox seems to be struggling with math, yet her mom is a math teacher and her dad an accountant.


Sunday, June 29, 2014

Sneak Preview Of Giulia Bongiorno Making Silk Purse Out Of Sow’s Ear At RS Media Nonevent This Week

Posted by Peter Quennell

What is the Sollecito lawyer and politician Giulia Bongiorno most famous in Italy for?

Well it sure aint her grasp of the finer points of Italian law. Or her ability to win in court without over-the-top PR and peculiar tricks. Or her accuracy on those pesky facts of the case. Or her foolish tongue before a very key judge.

Most of all, what Bongiorno IS known in Italy for is being shrill, bullying, and high-key - most especially when yet another of her hapless clients is going down, or when she is on the political stump.

Watch this spot-on satirical impersonation by the terrific Italian impersonator Dario Ballantini which was aired nationally on Italian TV and made a lot of Italians laugh. You can hear the audience there.

It doesnt need a grasp of the Italian language to amuse long-suffering Bongiorno skeptics seeing her taken down a peg. Meredith, the name of the victim here: does Bongiorno even know that? If the victim’s suffering family was Italian and regularly on Italian TV would Italy tolerate her callous, cruel act?

Here is an Italian woman one really can admire.


Wednesday, June 25, 2014

The Knox Interrogation Hoax #8: Testimony Of Interpreter Donnino And Central Police Officer Giobbi

Posted by The TJMK Main Posters



Knox shortly before rising to try to persuade court against this damning testimony

1. What Really Happened on 5-6 November

The introduction to Hoax Post #1 explains what really happened at Knox’s recap/summary session on 5-6 November 2007.

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

The headers of all previous posts in this series can be found at the end of Post #1.

2. Testimony Of Interpreter Anna Donnino

Click below to open up Anna Donnino’s testimony kindly translated by Catnip.  She did a lot of the case-related interpretation and translation throughout November 2007. She was present at the recap/summary session with Rita Ficarra on 6 November from around 12:30 am which concluded with a first statement Knox insisted on dictating at 1:45 am.

Anna Donnino was also present at the formal legal-rights session with Dr Mignini on 6 November from around 5:00 am which conclude with a second statement Knox insisted on dictating at 5:45 am. Donnino translated both those statements and the third Knox scribbled around noon. .

The transcript below describes this and other work done also. She was not the only interpreter or translator used by the police in November, but she did the bulk of the work, and she was present at several key sessions.

3. Relevant Testimony Of Officer Edgardo Giobbi

Click below to open up Edgardo Giobbi’s testimony kindly translated by ZiaK. An officer from Rome, he was in the central police station that night. He doesnt make a fully credible witness, as he includes claims about his role that night which we are told are inflated and perhaps beamed at his superiors in Rome.

These exaggerations were skeptically challnged by Dr Mignini. However for what it is worth his testimony backs up certain aspects of the statements of those who actually were face to face with Knox and Sollecito that night. Nobody else testified that Knox was called to the questura and several testified that she wasnt and turned up and insisted on staying on her own account.

ZiaK’s full translation of Dr Giobbi’s testimony can be found on McCall’s Wiki.

Click here for the rest


Monday, June 23, 2014

The Knox Interrogation Hoax #7: Testimony Of Witness Lorena Zugarini To Knox Conniption 5-6 Nov

Posted by The TJMK Main Posters



[Perugia cental police station: Meredith’s house is several miles away directly behind]

1. Place In Series Arc Of This Post

This translated transcript continues the testimony of Inspector Lorena Zugarini quoted in the post directly below.

It is a further description from the fourth of about eight police staff who testified to Knox agreeing to help out with a list of possible perps and then melting down at the central police station on 5-6 Nov.

We’ll have one more eyewitness post and after that what the oversight judges made of this in 2008. Thereafter, Knox’s disbelieved claims on the stand at her trial in 2009 when she tried to deny framing Patrick, and accused the police of crimes, and the reasons why all the trial and appeal judges from 2009 to 2014 concluded she had lied, and all the many witnesses had told the truth .

Then we enter an alternative universe, that of Amanda Knox herself (really) and the many Knox addicts mainly in the US who amazingly have shrugged off all of this rock-solid arc, and have pushed the interrogation hoax to its present ludicrous shape and size.

Those alternative-universe posts should put the shrill conspiracists on the put-up-or-shut-up spot and determine whether Knox continues on the same futile, damaging tack.

6. Testimony of Inspector Lorena Zugarini At Trial

To the co-prosecutor at trial Dr Mignini Inspector Zugarini describes her role in the summary/recap session in which Amanda Knox built her list of seven possible perps.

Yet again the main thrust is that Knox was being treated pretty nice, and that if anyone dropped her in it, it was Sollecito and Knox herself. 

Inspector Lorena Zugarini was there along with with Rita Ficarra (see posts 1-4) and Anna Donnino (see posts 5 and 6) and Ivano Raffo from Rome who, Rita Ficarra testified, held Knox’s hand to calm her down.

This also is new translation by the professional translator ZiaK. “GCM” who often seeks clarifications is Judge Massei.

Prosecutor Dr Giuliano Mignini

Dr Mignini:  Did you question Amanda by any chance?

Lorena Zugarini:  Yes.

GM:  Therefore? [sic: typo “quindi” instead of “quando” = “when”]

LZ:  The 5th.

GM:  Did you do anything particular from the 2nd to the 5th other than these routine investigations, crime-scene investigation, I don’t know ...

LZ:  No. Granted, one couldn’t go inside the house because there was the Forensic Police, so we, as the Flying Squad, we are not supposed to enter until the Forensics have finished, always because of the question of contamination of evidence.

GM:  The Forensics, when [did] they finish the initial operations?

LZ:  Initial - if I’m not wrong - the 6th; either the 5th or the 6th.

GM:  So on the 5th, you heard Amanda?

LZ:  I was there, in the Questura [Police station] because very few hours of the night, not days, but very few hours of the night, and like me also other colleagues - especially those who were from the Section that was more or less, shall we say quote unquote, in charge of the murder issue - we almost stayed overnight in the Questura, except for two or three hours at night, when we’d go home.

GM:  Do you recall when Amanda arrived?

LZ:  So on Amanda, I remember that Raffaele Sollecito was called and invited to come and be heard/questioned. They told me that Raffaele was out to dinner, that he’d been given the possibility of finishing dinner, of eating, etc. etc., and to then come to the Questura. And I remember that along with Raffaele there was also Amanda, and honestly, I said to myself: “But how on earth is it that these two are always together?”  Because we, on that evening ... that is to say, we, our staff, we had called only and exclusively Sollecito.

GM:  So you were together with Rita Ficarra that evening?

LZ:  I was there in the Questura - when Raffaele was called, Rita Ficarra wasn’t there [yet].

GM:  So you were present when Amanda arrived?

LZ:  Yes, I was present when Amanda arrived, and Raffaele Sollecito. Raffaele Sollecito was taken up to a room that was ..., he was to be heard/questioned by other colleagues if I’m not mistaken, also by Deputy Commissioner Napoleoni. After which, Amanda was made to leave the room, and I personally accompanied her to the outside of the Flying Squad [offices], to where there were seats, and she was made to sit [NdT: also “made comfortable”] there. Then after [doing] that thing, I instead returned back inside the Flying Squad [offices].

GM:  And so you carried out, you heard/questioned various people that evening, no?

LZ:  I heard/questioned more than one person. Raffaele Sollecito, I didn’t hear/question him, me, because there were already colleagues who were hearing/questioning him. I was there inside the Flying Squad [offices], [where] maybe I was reading the recaps/summary informations of the others, or else I was looking for a moment at the case files.

GM:  Do you remember when… When Inspector Ficarra started to hear/question Amanda, you were - shall we say - in the Flying Squad [offices]?

LZ:  I was there, in the offices of the Flying Squad. I was going out of the Flying Squad [offices], together with the Deputy Commissioner, in order to go down[stairs] to the little machine that we have; a drinks and snacks machine. We wanted to go down[stairs] to get something, and I saw that Amanda was talking with some colleagues from the SCO. What she was saying, I have no idea. And in the meantime, I saw Inspector Ficarra come out of the lift on the third floor, that gives access to the Flying Squad [offices].

GM:  So you went down[stairs]. And then?

LZ:  I went down[stairs]. In the meantime, however, I noted that Amanda, while she was there, was an extremely relaxed person, and I even felt very upset/ill because at a certain point she suddenly did the splits there in the corridor. She did the splits and did a cartwheel, saying “I’m doing a sport”. She said it in English, but in English I don’t know it, me. Translated into Italian, like I know it, it’s a sport that she climbs on rocks with bare hands and no ropes, without anything. In order to show what level of training/preparedness she had. Then I went down[stairs] and I went to get something to drink, in fact, and then we came back up and [Amanda was] together with Rita Ficarra, because Amanda was stating the [names of] people who probably would have visited the house on Via della Pergola, whom she and whom Meredith ... [in short, those] who might have known her…

GM:  So, excuse me, let me understand; so you were coming and going in the various rooms?

LZ:  Yes, I was coming and going because in that moment Raffaele Sollecito was inside one room with [some] colleagues, and I didn’t think it was expedient/advisable to enter.

GM:  Did you stop [in] then, at a certain point, while Amanda was being heard/questioned?

LZ:  I went down[stairs], as I’m coming back, to reconfirm, having got the drink, I went back up and I noticed that Amanda was talking with Inspector Ficarra outside [the offices], and that she was saying to her “I’ll tell you the people”. And right there and then, she wrote them down herself in a notebook, on a sheet [of paper] that she had with her. Afterwards, together with Rita, with Inspector Ficarra, then, when we saw the facts/information, we said “Ok”, we said [agreed we needed] an office where we [could] go to hear/question Amanda for a moment, and take her recap/summary information, since in any case she had to wait for Raffaele.

GM:  Without telling us the content of the declarations, obviously, [can you] if checks were carried out on the cellphones?

LZ:  Well, so, Amanda, she had her cellphone with her still, because there was no reason to need to take it from her, and Amanda handed over her cellphone to a colleague from the SCO, after Amanda said “I’ll write down the names with the telephone [numbers] of the people who probably could have known Meredith too”.

GM:  So she handed over the cellphone to the individual from the SCO. Who was that [individual]? Do you remember?

LZ:  I don’t remember because there were various colleagues [around] from the SCO.

GM:  So this [individual] belonging to the SCO, what did he do?

LZ:  He took the cellphone and went out for a moment. I don’t know where he went because I remained inside the room. Shortly afterwards, he came back, and together with Amanda they started to scroll ““ Inspector Rita Ficarra and the colleague from SCO ““ they started to scroll through the messages and they asked her “This one, who is it? This other one, who is it?” and Amanda was answering.

GM:  [And] then?

LZ:  After, at a certain point, this [officer was] still taking [down] the report/minutes, since the message was reached that, if I’m not mistaken, was from Patrick, that there was written Patrick above it, she was asked who is Patrick, and there [at that point] Amanda “¦

GM:  If I can just show [her] the “¦ [shows cellphone screen image].

LZ:  Yes, that one there.

GCM:  She was shown the copy of the message taken from the cellphone.

GM:  SMS.

LZ:  [The] SMS on Amanda’s cellphone.

GM:  And then?

LZ:  Yes, she was asked for explanations regarding [the] “Certainly, see you later, good evening” [“Certo, ci vediamo più tardi, buona serata”]. We asked her who Patrick is, and in that moment Amanda shed tears ““ whether she was crying sincerely [in earnest] I don’t know ““ however she shed tears.

GM:  Did she make any gestures/movements?

LZ:  Yes. She put, I remember that she hiked up/drew up her legs, she crouched on her chair, put her hands around her head, on her ears, and started to say “He’s bad/mean, he’s bad/mean”, to shake her head, she said: “I remember hearing Meredith who was screaming, and Patrick who was hurting her”.

GCM:  One cannot report on the declarations made unless”¦ Please.

LZ:  I beg your pardon.

GM:  What thing…

GCM:  So she had this behaviour?

LZ:  Yes.

GM:  You saw this behaviour?

LZ:  Yes.

GM:  So then what happened? What did you [all] do?

LZ:  At that point, Inspector Rita Ficarra decided to suspend the minutes/written record because the position had changed a bit, because she said to us “I was “¦” ““ Ah! I cannot”¦

GCM:  Yes, you cannot. So she was changed, and you suspended the minutes/written record, and “¦

LZ:  Yes, we interrupt [sic] the “¦

GM:  They were in accordance with Article 63.

LZ:  We interrupt [sic] the minutes/written record. I personally said to her if she wanted ...

GM:  Because indications of guilt had emerged?

LZ:  Yes, exactly. I said [sic] to her if she wanted the presence of a Lawyer, [to] which she said “No, I don’t need one”.

GM:  Can you describe for us what you did after, that is to say, what happened afterwards? Did she continue to cry? What did she do?

LZ:  I repeat, I can’t say whether [she was] crying: she was shedding tears: a behaviour that was still strange. She had a moment of, if I may say this, of crisis, seeing this type of message and [us] asking who this person was, after which I left the room “¦

GM:  Bu you, excuse me, did you ask “But why does he frighten you? Why are you crying?” Did you ask her that?

LZ:  Yes, certainly that was asked of her. She, [in answer to] such a question, said to me: “I remember that inside, that I was inside the kitchen”.

GCM:  Enough. On this, obviously, you cannot report, unless it is necessary/helpful. So you asked explanations about the behaviour”¦

LZ:  Yes, for me it is helpful/necessary because I didn’t understand such a type of behaviour on [NdT: i.e. “in response to”] a completely normal message.

GCM:  And you asked for an explanation.

LZ:  Yes. I said to her: “What on earth? What is happening? Who is [NdT: my emphasis] this person?”

GCM:  In the scope of the interrogation?

LZ:  Yes. Because until 5 minutes earlier, she was a completely normal person.

GCM:  So you asked for explanations of this behaviour. Ok.

LZ:  [Until] 5 minutes earlier she was completely normal, [and] then when she saw this message, and at the question “Who is this Patrick” she flew off the handle [NdT: “escandescenza” is actually a fit of rage, with violent words and menacing gestures”, I don’t know if the witness used the word in the sense of “fit of rage”, but this is the meaning of the word she chose.]

GCM:  These fits of rage, what did they consist of? [Did] she shed tears and shake her head?

LZ:  Yes. She drew her legs up, [and] put her hands on her head.

GCM:  Hands on the ears?

LZ:  She put her hands on her head, [and] started to do like this.

GCM:  She was shaking her head.

LZ:  She was shaking her head, and said to me “To me, this person “¦”

GCM:  You cannot. That is to say, you can report the declarations made only if they were useful, and to give us an indication about the subsequent investigative activity.

LZ:  For me, personally, I repeat, it was a moment in which I see this message, that is I ask [what] the presence of this message [means], and I see a reaction of this type, I ask myself “What on earth What has just happened?” [sic: NdT: Zugarini also speaks often in the present tense.]

GCM:  And she gave the answer that she [NdT: also “you”] gave.

GM:  Had you Did you, in the investigations that you carried out, had you conjectured [the occurrence] of a sexual assault?

LZ:  I personally, yes, because she [NdT: i.e. Meredith] was naked.

GM:  Because she was naked. But what are the elements that made you think of sexual assault? On what basis did you carry out investigations”¦? You said that one element was the fact that the young woman was naked.

LZ:  Yes.

GM:  What other elements? I mean, these declarations, shall we say, were they the cause for carrying out investigations on a sexual assault?

LZ:  I’ll go back to reassert that, from the moment when she was shown a message and a reaction of a person to the question “But for what reason are you doing these things? Why are you reacting in this way to this message?, she says to me “I see this person who is doing evil, and I hear my friend Meredith who’s screaming”; in all honesty, we also had a doubt, in short.

Maria Del Grosso [Knox lawyer]:  President, I am trying to reiterate the objection, because here there’s a continuous”¦ it’s a continuous violation.

GM:  However it is impossible”¦

GCM:  Because the Prosecutor’s question concerned at a certain point [whether] the investigations also turned towards a hypothesis of sexual assault, and she gave him a positive answer saying that yes, because the body was naked, [so] there are other elements too”¦

LZ:  Other elements of people who knew ““ especially Meredith’s English friends, who Meredith visited in a regular way, who said to us that Meredith, from what they told us, was a very serious person, who did not give absolute familiarity/intimacy, that is to say, she did not give much familiarity/intimacy”¦ naturally being a girl, and being also a [burdened/serious] type of girl, the young men who gave recaps/summary information said that”¦ that they also, if one can say this, tried it on with her, to which she absolutely never gave them any encouragement”¦

GCM:  So on the basis of these [pieces of] information the investigations were directed towards “¦

LZ:  Yes, also the recaps/summary information of people, of people who were heard for recaps/summary information.

GM:  After this, to when the minutes/written record was interrupted, between the interruption of the minutes/written record and the presentation”¦ to the spontaneous declarations: how much time passed?

LZ:  I didn’t understand [you], excuse me.

GM:  Between the moment when the minutes/written record was halted by Inspector Ficarra to the moment when I heard her [give her] spontaneous declarations, how much time passed?

LZ:  That, honestly, I can’t tell you, because from the moment when Patrick Lumumba’s name came out, and we knew that he was in fact the owner of a pub located on Via Alessi, etc. etc., I personally went together with other colleagues “¦

GM:  So you left “¦

LZ:  I left Amanda. Also because, to be honest, I didn’t really discuss it earlier, but I had, shall we say, a bit of an exchange of ideas with Inspector Rita Ficarra, because Inspector Rita Ficarra went down[stairs] several times with Amanda to get drinks from down there, from that same little [drinks-and-snacks] machine in the Questura.

GM:  Listen: can you recall for me whether she was subjected to aggressions, to pressure, to blows?

LZ:  Absolutely not! Even if I remember perfectly that, still with Inspector Rita Ficarra, I said to her “We’re talking about a girl [who’s had her] throat slit”, and the owner [NdT: in the feminine] of the actual/current bar that is located within the Questura [premises] was made to come up with a hot drink and little baked goods that were brought to Amanda, and I made a joke that not even in 20 years of [being in the] Police had any colleagues ever brought me these kinds of things like that, in the [same] way as Amanda was being treated.

GM:  So therefore you were present then for the [written] spontaneous declarations?

LZ:  Of Amanda?

GM:  Of Amanda.

LZ:  No. The minutes/written record was interrupted…

GM:  Was there an interpreter?

LZ:  Yes, the interpreter. In fact, Amanda’s recaps/summary information were even taken with a bit of delay because, if I’m not mistaken, Inspector Rita Ficarra came back to the Questura, or at any rate she came out of the lift of the Questura, at around about 23:00 hours, and if I’m not mistaken the minutes/written record began around 01:00 a.m.: around about 01:00 the minutes/written record was taken in the waiting for an interpreter of the local Questura, Anna Donnino, to come from her house to the Questura to be able to take Amanda[”˜s declaration], even though she [Amanda] spoke in a fairly passable Italian.

GM:  So you, in effect, lose contact with Amanda, and you deal with ...

LZ:  From the moment when the minutes/written record was interrupted”¦

GM:  [So when] the minutes/written record is suspended, you begin, you participate in the search for Patrick.

LZ:  I participate in the search for Patrick.

GM:  And then what other activity did you carry out?”¦ [continues on other subjects]

Patrick Lumumba Attorney Pacelli

CP:  Just a few clarifications on the questioning by the Public Prosecutor, to follow up on a question that Dr Mignini made a short while ago, with regard to how your investigations turned to the, shall we say, sexual aspect, or as if to the sexual backdrop of the crime, because in fact, in answering the Prosecutor, you said “I had formed my own personal opinion of a sexual backdrop, seeing the body of the poor victim semi-naked, or at any rate, naked.

Inspector Lorena Zugarini:  Naked.

CP:  So, to follow up in what was perhaps the Prosecutor’s intentions, I wanted to understand: was it also because of the content of the declarations made by Knox on the night of 5 November that your investigations turned towards the sexual backdrop? That is, was it also because of what Knox said to you that night?

LZ:  I’ll return to reconfirm, Attorney, that from the moment when Amanda ““ who previously had been [one of the] most calm people in the world, because after we had given her hot drinks, water, she had kept her cellphone with her, and all that ““ from the moment in which a colleague, together with Inspector Rita Ficarra, showed her the message and from the tone of the message ““ it is a very normal message as far as I’m concerned, it’s an extremely normal message ““ [so], not understanding Amanda’s reaction, if until three minutes before she was [one of the] most calm people in this world, not understanding Amanda’s reaction in relation to the message, logically questions were asked of her: “but why do you have this behaviour as soon as you read this message?”

CP:  So after her answers, also because of her answers, you turned towards “¦

LZ:  When a person says to you: I see, I hear Meredith’s screams”¦

CP:  Yes, but you were perfectly clear. A final clarification: at a certain point, you go away. However, before leaving, [did] you witness/were you present at Amanda’s declarations of accusation, what Amanda declared with respect to Patrick Lumumba?

LZ:  Absolutely, yes, because I turn again to reassert that if you read the message”¦

GCM:  Yes, absolutely, yes. Please, Attorney. The question?

CP:  In making these affirmations, before making these affirmations, or while she was making these affirmations, was Amanda struck with kicks or punches or slaps?

LZ:  In the most absolute way [No].

CP:  Was she in any way, by any one of you, forced to make declarations, or “¦ the declarations that she made, some of the declarations, or all of the declarations that she made in that moment?

LZ:  Attorney, I tell you again that what we are doing, it is not an interrogation, [but] what we are asking “¦

GCM:  Yes, yes. Excuse me, but it’s enough to simply say no.

LZ:  When we ask things of a person, we ask them [sic], it’s logical. Maybe tiredness might take over”¦

CP:  Were any of the subjects that Amanda made declarations about suggested to her in any way, or were they all carried out on her own completely spontaneous will? There was no suggestion of names, of ways, of circumstances?

LZ:  Me, I never saw Amanda before, before 2 November.

CP:  No, but I’m saying 5 November. Was something of what she had [NdT: “had” as in “posssessed” not as in “was made to”. I.e. it is the Past Simple of the verb “to have] to declare that evening suggested to her?

LZ:  Absolutely not.

CP:  So you can confirm to us that, at any rate, even in those circumstances and for the whole period from 2 to 5, until all her declarations, even until the arrest, she was always treated with respect, with humanity, and with absolute”¦

LZ:  I repeat again, I made that joke with Inspector Rita Ficarra, even the current owner at that time of the bar inside the Questura, brought her I don’t remember if it was a camomile tea or a black tea, with little pastries and a croissant.

CP:  I have no further questions.

Sollecito Defence Attorney Bongiorno

GB:  You participated in the preliminary hearing, you were present?

LZ:  Yes.

GB:  All the preliminary hearings, some?

LZ:  Almost all.

GB:  Even the one when Stefanoni was heard/questioned?

LZ:  No.

GB:  In the one when Kocomani was heard/questioned?

LZ:  No.

GB:  When we did the pleadings/summation and the prosecutor’s final statement?

LZ:  Some, yes.

Knox Defense Attorney Luciano Ghirga

LG:  ... Listen, now let’s turn to the evening of the 6th when you participated with Inspector Ficarra in the recaps/summary information of Amanda Knox.

LZ:  Of the 5th.

LG:  No, of the 6th, because it is after midnight, [it is] one-forty-five. The night between 5 and 6, that is the beginning of the minutes/written record, and 01:45 hours, so we understand each other, and they are called summary informations/recaps.

LZ:  Thank you.

LG:  No, I didn’t mean anything. You said the 5th, for me it is the 6th, that’s all: it’s not contentious/a contradiction.

GCM:  Please Attorney.

LG:  And then, it’s not actually necessary.

LZ:  No, no.

LG:  Do you recall whether, having begun these interrogation activities, one or other of your colleagues who was participating in Sollecito’s interrogation came in to inform you in some way of the progress of Sollecito’s interrogation?

LZ:  Yes, there was Deputy Commissioner Napoleoni who every so often came there to see how it was going, and the thing that she then told us that Sollecito was not longer giving the big [sic] alibi as far as Amanda was concerned.

LG:  And the operation regarding the SMS message of which you spoke, [that] came about after this information, shall we say, let’s call it information, communication.

LZ:  I believe so, yes.

GCM:  Excuse me on this; did you communicate this immediately to Amanda Knox? This is what the Attorney was asking.

LG:  I have said, this quote-unquote interrogation began “¦

LZ:  Yes. I beg your pardon, Attorney.

LG:  And a colleague comes, you say that a colleague comes, I don’t know whether it’s Napoleoni, at any rate someone comes “¦

LZ:  No.

GCM:  Please. Continue, Attorney.

LG:  I am referring to this thing that you precisely reported: Sollecito returned [sic] the alibi to Amanda.

LZ:  Yes.

LG:  Something of the sort. He no longer gives a big [sic] alibi; he removes the alibi, I don’t know: the operations concerning the little message found in Amanda’s telephone, did these occur after this communication?

LZ:  Anyhow I tell you that when the Deputy Commissioner, or whoever entered inside that room on her behalf, it’s not that they spoke in front of Amanda, so Amanda could not hear the content of our discussions. After which, I honestly, I believe that the message was shown to Amanda after the presence of Deputy Commissioner Napoleoni or someone on her behalf.

LG:  Last question, Mr President: these courtesy activities ““ a hot drink, a croissant, or whatever ““ did they happen after the conclusion of the two interrogations of Amanda, shall we say?

LZ:  Absolutely not.

LG:  So when did they take place then?

LZ:  Well, they took place either before taking [sic] Amanda for the first time, also because we had to wait for the interpreter, if I’m not mistaken, Anna Donnino, who had to come from home because they had called her from the Questura to bring herself [sic] to our offices because we had, in fact, to hear a girl, in the English language, even though she spoke Italian fairly well: for reasons of our own peace [of mind] and for reasons of Amanda’s ease/peace of mind, the interpreter was called. So during the wait for Anna Donnino to arrive, Amanda was provided with both hot drinks and water, and whatnot.

LG:  And later you don’t recall whether there was another”¦ You said it first, yourself.

LZ:  No, also later.

LG:  Also later?

LZ:  Also later.

LG:  That’s what it seemed to us. Thank you.

LZ:  No no, I have said [that] the lady from the bar ““ the bar is closed at night in our place; if I’m not mistaken [it closes] around 5, 5-thirty ““ the bar must have been open already, I already said that the owner of the bar came to bring her chamomile or tea, in short.

LG:  Thank you.

Judge Massei

GCM:  And a last thing: when the circumstance about the alibi came to light, that Raffaele Sollecito thus did not seem, no longer confirmed the alibi, [when] this fact came to light, did you bring it to the knowledge of Amanda Knox, this fact?

LZ:  No, no, absolutely no. Absolutely, not, because ...

GCM:  How was it brought to [your] awareness.

LZ:  I remember that the Deputy Commissioner came there and said to us: “Listen carefully to/Question carefully Amanda, because there are discrepancies on what Raffaele has said, even during the previous days”.

GCM:  As far as you know, [this] was not brought to Amanda Knox’s awareness?

LZ:  As far as I am concerned, no.

GCM:  Very well.


Wednesday, June 18, 2014

Legal Problem For Knox: How Tough American Laws Could Wind Back Blood-Money Profits & Spendings

Posted by The TJMK Main Posters




The 40-Plus State Son-of-Sam Laws

David Berkowitz or Son-of-Sam as he called himself during his killing spree is a convicted American serial killer. Watch a documentary at bottom here.

In New York State (where Knox’s publisher is) and Washington State (where Knox herself is) and about 40 other American states Son-of-Sam has a much-exercised and now rarely-challenged law named after him.

After early challenges and some revisions, many of those State Son-of-Sam laws continue to be strengthened and almost all are enforced regularly. From Wikipedia:

A Son of Sam law is any American law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers… Son of Sam laws are designed so that criminals are unable to take advantage of the notoriety of their crimes. Such laws often authorize the state to seize money earned from deals such as book/movie biographies and paid interviews and use it to compensate the criminal’s victims…

In certain cases a Son of Sam law can be extended beyond the criminals themselves to include friends, neighbors, and family members of the lawbreaker who seek to profit by telling publishers and filmmakers of their relation to the criminal. In other cases, a person may not financially benefit from the sale of a story or any other mementos pertaining to the crime””if the criminal was convicted after the date lawmakers passed the law in the states where the crime was committed.


Son-of-Sam Laws In The News

The Son-of-Sam laws are in the American news almost daily. See these for example:

  • Here is an article about the admitted killer Jodi Arias who could have otherwise been in line to profit from a movie showing her killing of her former lover Travis Alexander from her point-of-view.

  • Here is an article about the former university football coach and male rapist Jerry Sandusky who may be writing a book to benefit himself and his family.

  • Here is an article about OJ Simpson, the former footballer and convicted killer of his wife and one other, who is essentially in prison now for trying to circumvent a Son-of-Sam law mandating payments to the families of his victims.


How Son-of-Sam Laws Work

Here from the Criminal Lawyers website is a generic description of how such State laws work.

Each state’s law is different, but here some of the things you may see in any particular Son of Sam law:

What’s covered?  Practically just about anything a criminal defendant might gain or profit from his crime. Some state laws generally define “profit from crime.” For example, a law may state it’s “any property obtained through or income generated from the commission of a crime.” Other states are very specific and may, for example, state “profit of crime” is money or other property with value a defendant may receive for a book, movie, television show, play or newspaper article about the defendant and his crimes.

Who’s covered? In some states, only the criminal defendant is covered. In other states, members of his family are covered, too. They may be related by blood or by “affinity” or kinship, such as a spouse or father-in-law. The idea is to make sure a family member doesn’t get the money and hold it for the defendant.

Payment. Most states require the person paying the defendant - the book publisher, movie producer, etc. - to pay the money directly to a court or special state agency, like the state’s Crime Victims Assistance agency. The money is held in a special account for the crime’s victims.

Getting the money to the victims. In most states, once money is deposited, the court or the state agency in charge of the money notifies victims the money is available. In other states, the person or company paying the defendant must notify victims. Either way, victims are usually notified by ads or “legal notices” in local newspapers where the crime was committed. It’s also possible the names of specific victims may be found in the court records connected to the case, and those victims may get personal notification, such as by mail.


Ten Grave Weaknesses In Knox’s Position

Under these 40-plus Son-of-Sam state laws Amanda Knox and her agents appear to be in an extremely weak legal position. Here are 10 reasons.

    1) Knox was confirmed convicted without further recourse by the Italian Supreme Court of calunnia (against Patrick Lumumba) in March 2013 and she was also provisionally confirmed guilty of murder and other crimes when her appeal before the Florence Appeal Court failed six months ago.

    2) That final false-accusation conviction occurred prior to Knox’s book Waiting To Be Heard being released. The British and Italian arms of the publishers, HarperCollins, refused to release the book in the UK and Italy, citing major legal liabilities. The New York based HarperCollins publishers and therefore Knox herself knew that there were very serious legal questions.

    3) Amanda Knox was represented by Washington DC lawyer and book agent Robert Barnett who touted the book to various publishers for a claimed $4 million. If Robert Barnett was misled as to the truth of the book, Knox may find herself kicked under the bus by him.  If he was not misled, he too is entangled.

    4) Knox’s book (available globally via Amazon Kindle) includes many serious misstatements on (among other things) the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her felony conviction and sentence.

    5) Knox also misstated the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her felony defamation conviction in (a) an arrogant email to Judge Nencini at the Florence appeal and (b) an arrogant press release after the judge’s sentencing report was released.

    6) Knox appears to have misstated the nature of her false-accusation crime, the nature of her police discussion on 5-6 November 2007, and the real reason for her conviction in a submission to the European Court of Human Rights (ECHR) in Strasbourg. She also uses those false claims for her continued refusal to pay damages to Patrick.

    7) Large numbers of opportunists appear to have directly profited. While we don’t know for sure, it seems Knox blood-money may have been used (a) to pay off her parents’ legal debts; (b) to pay her Italian and American lawyers; (b) to pay David Marriott’s public relations outfit; (d) to pay travel to Seattle and other expenses for some of her wackiest supporters, Sforza and Fischer included. Fees for abusive work by many in online support of Knox are rumored

    8) We have repeatedly been told that any media request for access to Sollecito or Knox results in a greedy hand being stretched out. Any media who paid anything to Knox or her family (CNN? ABC? CBS? The Guardian? Oggi?) for access since 2007 could be seriously vulnerable.

    9) Knox will face a new trial in Italy in due course for numerous new felony accusations in the book, including a very serious false charge against Dr Mignini. Also she and her followers are widely on record as disrespecting and harrassing the real victim and her ailing family.

    10) And a mandatory Son-of-Sam Law investigation by State Attorney Generals can be triggered in over 40 American states via a simple report from a citizen. The Italian Government could also trigger such a criminal investigation.

And Amanda Knox still has her greedy paw out for contributions. See her highly misleading website. Tread warily, folks. Up to 40-plus investigators could come calling at your door…

Early Death To Any Political Support

American politicians almost all favor the Son-of-Sam Laws. The thought of a convicted killer profiting is something almost 100% of American voters wont tolerate. Anything that encourages crimes and the flouting of laws is a really big American no-no.

And if Knox is trying to assemble any bought-and-paid-for political support to resist extradition, such political support will dissipate in a heartbeat when Son-of-Sam again rears his head.

Not a very nice slippery slope for Knox. On multiple counts she looks like a sure-fire loser.


Thursday, June 12, 2014

Fifty Of The Most Common Myths Still Promoted Without Restraint By The Knox PR Campaign

Posted by The Machine



Fooled ya! Knox’s parents have the mythmaking machine’s pedal to the floor, and arent slowing it

Introduction

I’ve listed the 50 most common myths circulating in the media with regard to the Amanda Knox/Meredith Kercher case and refuted them using as far as possible the official court documents and court testimony.

1. Knox was called to the Perugia central police station on 5 November 2007.

Neither the police nor the prosecutors brought Knox in for questioning on 5 November 2007. She was there unwanted, and stayed after it was suggested she go home and sleep.

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.”

Monica Napoleoni, the head of Perugia’s homicide squad, said they told Knox she should go home to rest, but Knox insisted on staying:

Amanda also came that evening, the evening of the 5th. We said to Amanda that she could go home to rest. Since, during those days, she was always saying, always complaining that she wanted to rest, wanted to eat, we said: “˜Look, you’ve eaten; you can go and rest yourself. If there’s a need, we’ll call you.’

Instead, she was very nervous, and insisted on staying there.

Inspector Rita Ficarra was the one who led the discussion on a list of possible perps with Knox.

Rita Ficarra: My astonishment was that I saw, I found her there, and I found her doing ““ demonstrating ““ her gymnastic abilities: she was doing a cartwheel; she had shown the back arch, she had done the splits, and it seemed to me, sincerely, a bit out of place, that is to say given the circumstances, the moment and the place. For which [reason] I admonished her, and I even asked her what she was doing there.

She, and my colleagues also confirmed this, said to me that she had come because they had called Raffaele Sollecito, he had been invited that evening to give another recap, and she had accompanied him.

Judge Massei [GCM]: You said this to her in English or in Italian?

RF: In Italian. I reiterate that she speaks Italian, with me she speaks only in Italian. I do not understand a word of English, so “¦ My colleagues confirm that there was Sollecito who was there in another room and in that moment the Deputy Commissioner Napoleoni and other colleagues were listening to him.

And continuing to speak, the girl told me that she was rather shocked at the fact, annoyed at the fact that she had been called and recalled several times by the Police and [that] she was totally tired.

At that point, I also admonished her because I said: you’re tired, yet nonetheless you came this evening, when nobody has invited you: you could have gone to rest. And furthermore ““ I said ““ you don’t understand that we are talking about a murder, of a person that you say was your friend, [who] lived in the same house as you, it happened in your house. If the Police call you, put yourself in our shoes: we need useful information.

2. Knox was subjected to an all-night interrogation on 5/6 November.

According to Barbie Nadeau in 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 11pm.”

After Amanda Knox had made her witness statement at 1:45am, she wasn’t questioned again that evening. She decided to made another witness statement at 5:45am, but she wasn’t asked any questions.

3. Knox wasn’t provided with an interpreter for her questioning on 5 November 2007.

This claim is completely false as shown through the trial testimony of Knox and her interpreter. Knox’s interpreter on 5 November 2007, Anna Donnino, testified at length at trial about Knox’s convesrsation that evening. And Amanda Knox herself spoke about her interpreter when she later gave testimony at the trial.

4. Knox wasn’t given anything to eat or drink.

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, chamomile 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.’

Also 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 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 chamomile tea.

This is from the relevant court transcript:

Monica Napoleoni: Amanda was given something to drink several times. She was brought hot chamomile; she was taken to the bar of the Questura to eat. First she was given brioches from the little [vending] machine.

Carlo Pacelli: These methods of treatment, how did they translate into practice? With what behaviour/actions [were they carried out] in actual fact? Earlier, you recalled that they actually brought her something to eat”¦

MN: It’s true. That morning, I remember that Inspector Ficarra actually took her to the bar to eat as soon as it opened. But before [that], we have little [vending] machines on the ground floor, and she was brought water, she was brought hot drinks, she was brought a snack. But also Raffaele, he was given something to drink; it’s not as though they were kept “¦ absolutely.

Giuliano Mignini:  Had types of comfort been offered to her?

Anna Donnino:  Well, during the evening, yes, in the sense that I remember that someone went down to the ground floor; it was the middle of the night, so in the station at that hour there are those automatic distributors; there’s nothing else; someone went to the ground floor and brought everybody something to drink, some hot drinks and something to eat. I myself had a coffee, so I believe that she also had something.





Above: Several of the myth inventors and disseminators: Sforza, Mellas, Preston

5. Knox was beaten by the police.

The witnesses who were present when Knox was questioned, including her interpreter, testified under oath at the trial in 2009 that she wasn’t hit. (Under Italian law, witnesses must testify under oath, while defendants do not, so are not required by law to be truthful on the stand.)

These are from the relevant court transcripts:

Giuliano Mignini: Do you recall, shall we say, that night between the 1st and then the spontaneous declarations and then the order for arrest, who and what was with her, other than you, whether there were other subjects that spoke with us, how they behaved? Did [she] undergo/experience violent [sic: NdT: “violente” in Italian, probably typo for “violenze” = “violence/force/assault”] by any chance?

Rita Ficarra: Absolutely not.

GM: Was she intimidated, threatened?

RF: No. I, as I said earlier, I came in that evening and there were some colleagues from the Rome SCO, I was with Inspector Fausto Passeri, then I saw come out, that is come out from the entry-door to the offices of the Flying [Squad] the Assistant Zugarini and Monica Napoleoni, who appeared for an instant just outside there, then we went back in calmly, because the discussion we had with her was quite calm.

Giuliano Mignini: ... violence, of “¦

Monica Napoleoni: But absolutely not!

Mignini:  You remember it”¦ you’ve described it; however, I’ll ask it. Was she threatened? Did she suffer any beatings?

Anna Donnino: Absolutely not.

GM: She suffered maltreatments?

AD:  Absolutely not.

Carlo Pacelli:  In completing and consolidating in cross-examination the questions by the public prosecutor, I refer to the morning of the 6th of November, to the time when Miss Knox had made her summary information. In that circumstance, Miss Knox was struck on the head with punches and slaps?

Anna Donnino:  Absolutely not.

CP:  In particular, was she struck on the head by a police woman?

AD:  Absolutely not!

CP:  Miss Knox was, however, threatened?

AD:  No, I can exclude that categorically!

CP:  With thirty years of prison”¦ ?

AD:  No, no, absolutely not.

CP:  Was she, however, sworn at, in the sense that she was told she was a liar?

AD:  I was in the room the whole night, and I saw nothing of all this.

CP:  So the statements that had been made had been made spontaneously, voluntarily?

AD:  Yes.

Carlo Della Valla:  This”¦

Giancarlo Massei:  Pardon, but let’s ask questions”¦ if you please.

CP:  You were also present then during the summary informations made at 5:45?

AD:  Yes.

CP:  And were they done in the same way and methods as those of 1:45?

AD:  I would say yes. Absolutely yes.

CP:  To remove any shadow of doubt from this whole matter, as far as the summary information provided at 5:45 Miss Knox was struck on the head with punches and slaps?

AD:  No.

CP:  In particular, was she struck on the head by a policewoman?

AD:  No.

Even Amanda Knox’s lawyer, Luciano Ghirga, distanced himself in the Italian media from these allegations and never lodged any complaint:

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

6. Knox was refused a lawyer.

Rita Ficarra and Anna Donnino testified that Knox was several times advised to have a lawyer, but each she declined the offer:

Anna Donnino:  ...she was asked if she wanted a lawyer.

Giuliano Mignini:  And what was her response?

AD: She had answered no; I remember that she replied with no.

Before she insisted on drafting her 1:45 and 5:45 am accusations Knox was advised to have a lawyer advise her, but she declined and pressed on.

Dr Mignini has wondered if the Supreme Court really understood this in banning the two unprovoked accusations from Knox’s main trial.

7. Knox was tag-teamed by two police officers every hour.

According to Anna Donnino, who arrived at the police station at about 12:30am, there was a total of three people in the room with Knox:

Anna Donnino: “I had been made to enter a room where in fact there was Inspector Ficarra at a small table, another colleague from SCO (I only remember his first name; he was called Ivano), a police officer, and there was Miss Knox seated. I seated myself beside her.”





Above: Several of the main myth inventors and disseminators: Fischer, Sforza, Moore

8. Knox was asked to imagine what might have happened.

According to the corroborative testimony of the three others present, including Rita Ficarra and Anna Donnino, Amanda Knox voluntarily and spontaneously accused Patrick Lumumba of murdering Meredith.

Here is Rita Ficarra.

We found only that one [text message] sent by her. She was given the mobile into her hand, and it was said, who is this person, and did you go out later or not? She said the name of Patrick Lumumba, and gave the declaration that then ...

GM: And what behaviour did she then adopt/assume?

RF: She suddenly put her hands to her head, burst out crying and said to us “It’s him, it’s him, it was him, he killed her”. It was the only time that I saw her cry.

GM: This behaviour, did she then continue like that during the course of that morning, by now we were at what time?...

RF: No, she was as if she was giving vent in that moment, she cried, she began to say that he was crazy, he was crazy.

Here is Anna Donnino:

Judge Massei: This change, at what moment did it happen, and in what did it consist of?

Anna Donnono: The change had occurred right after this message, in the sense that the signorina said she hadn’t replied to the message from Patrick, when instead her reply message was shown to her she had a true and proper emotional shock. It’s a thing that has remained very strongly with me because the first thing that she did is that she immediately puts her hands on her ears, making this gesture rolling her head, curving in her shoulders also and saying “It’s him! It’s him! It was him! I can see/hear him or: I know it.[Lo sento]” and so on and so forth.

Carlo Pacelli:  So the statements that had been made had been made spontaneously, voluntarily?

Anna Donnino:  Yes.

Here is Judge Massei.

[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.” (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.” (Massei report, page 389.)

Judge Massei concluded at trial in 2009 that Knox had freely accused Patrick Lumumba of Meredith’s murder and awarded her a prison sentence for calunnia confirmed in 2013 by the Supreme Court for which there is no further appeal.

9. Amanda Knox claimed she had had a “dream-like vision” in her witness statements.

Amanda Knox makes no mention of a 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.

This is from the 1:45 am statement.

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

I met Patrik immediately afterward, at the basketball court on Piazza Grimana, and together we went [to my] home. I do not recall whether Meredith was there or arrived afterward. I struggle to remember those moments, but Patrik had sex with Meredith, with whom he was infatuated, but I do not recall whether Meredith had been threatened beforehand. I recall confusedly that he killed her.

This is from the 5:45 am statement.

I wish to relate spontaneously what happened because these events have deeply bothered me and I am really afraid of Patrick…  I met him in the evening of November 1st 2007, after sending him a reply message saying “I will see you”. We met soon after at about 21.00 at the basketball court of Piazza Grimana. We went to my apartment in Via della Pergola n. 7.

I do not clearly remember if Meredith was already at home or if she came later, what I can say is that Patrick and Meredith went into Meredith’s room, while I think I stayed in the kitchen. I cannot remember how long they stayed together in the room but I can only say that at a certain point I heard Meredith screaming and as I was scared I plugged up my ears.

10. Amanda Knox was questioned in Italian

The police provided Amanda Knox with an interpreter, Anna Donnino, so that she could be questioned in English.

11. Dr Mignini questioned Knox on 5 November 2007.

Dr Mignini did not question Amanda Knox that evening. She wanted to make further declarations, and he came to the police station on the night only because he was on duty and had to witness Knox being cautioned. After Knox was cautioned that she need not say anything without a lawyer, Knox nevertheless insisted that she draft a second statement in front of him.

Mr Mignini explained what happened in his e-mail letter to Linda Byron, a journalist for King5 in Seattle:

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:

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.

12. Knox didn’t confess until 6am.

Amanda Knox’s first written statement was made at 1:45am. It was not a confession, it was a false accusation.

13. Knox retracted her allegation against Lumumba immediately.

Amanda Knox didn’t retract her accusation immediately. In fact, she never did formally. Knox reiterated her allegation in her handwritten note to the police late morning of 6 November 2007, which was admitted in evidence: From the Massei report:

[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 was that specified in the notes of 6 November 2007, at 20:00, by Police Chief Inspector Rita Ficarra, and 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. (Massei report, page 389.)

Knox did not withdraw the false accusation at her first hearing in front of a magistrate on 8 November.

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

14. In the days following Meredith’s murder, Knox voluntarily stayed in Perugia to help the police

This claim is 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, a friend of Meredith, reported the following conversation (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.’ “

15. All of Meredith’s friends left immediately.

The police also told Sophie Purton that they needed her to stay on in Perugia on precisely the same basis as Amanda Knox. 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. Her father stayed on with her.

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.

16. There were only two tiny pieces of DNA evidence that implicated her, but they were probably contaminated.

The Italian Supreme Court explained how DNA evidence should be assessed in court; i.e., contamination must be proven with certainty, not supposition. The Court stated that the theory “anything is possible” in genetic testing is not valid.

The burden of proof is on the person who asserts contamination, not the person who denies it.

In other words, if the defence lawyers claim the DNA evidence was contaminated, they must describe the specific place and time where it could have plausibly occurred. Nobody has ever proved that the bra clasp and knife evidence were contaminated. Even Conti and Vecchiotti excluded contamination in the laboratory:

“Laboratory contamination was also excluded by these experts [Conti and Vecchiotti].” (The Supreme Court report, page 92.)

(1) The bra clasp

The fact that the bra clasp was not collected immediately because defense witnesses were not available is irrelevant. The cottage was a sealed crime scene and nobody entered the room during this time:

...the flat had been sealed and nobody had had the opportunity to enter, as shown in the case file.” (The Italian Supreme Court report, page 92.)

Alberto Intini, the head of the Italian police forensic science unit, excluded environmental contamination because “DNA doesn’t fly.”

Even Conti and Vecchiotti excluded contamination in the laboratory because Dr Stefanoni last handled Sollecito’s DNA twelve days before she analysed the bra clasp.

Professor Francesca Torricelli testified that it was unlikely the clasp was contaminated because there was a significant amount of Sollecito’s DNA on it.  His DNA was identified by two separate DNA tests. Of the 17 loci tested in the sample, Sollecito’s profile matched 17 out of 17.

David Balding, a Professor of Statistical Genetics at University College London, analysed the DNA evidence against Sollecito and concluded that the evidence was strong”

“...because Sollecito is fully represented in the stain at 15 loci (we still only use 10 in the UK, so 15 is a lot), the evidence against him is strong”¦”

(2) The knife

Dr Stefanoni analysed the traces on the knife six days after last handling Meredith’s DNA. This means that contamination couldn’t have occurred in the laboratory. Meredith had never been to Sollecito’s apartment, so contamination away from the laboratory was impossible. 

The knife and bra clasp are not the only pieces of DNA evidence.

According to the prosecution’s experts, there were five samples of Knox’s DNA or blood mixed with Meredith’s blood in three different locations in the cottage. After the trial in 2009, The Kerchers’ lawyer, Francesco Maresca, said the mixed-blood evidence was the most damning piece of evidence against Amanda Knox.

The Scientific Police experts concluded it proves that Meredith and Knox were bleeding at the same time.

17. The knife has essentially been thrown out.

The knife hasn’t been thrown out. A further DNA sample (36-I) was extracted from the blade last year and tested by the Carabinieri RIS DNA experts Major Berti and Captain Barni. The sample was attributed to Amanda Knox, the second. Judge Nencini stated in his report that Knox stabbed Meredith with the knife.




Above: Several of the myth inventors and disseminators: Hampikian, Burleigh, Heavey

18. The knife doesn’t match any of the wounds on Meredith’s body.

The 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.” (Massei report, page 375.)

Barbie Nadeau, an American journalist based in Rome, 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.)

19. The DNA on the blade could match half the population of Italy.

Vieri Fabani, a lawyer for the Kerchers, pointed out that there is the possibility of 1 in 1 billion 300 million that the DNA on the blade does not belong to Meredith. 

20. Meredith’s DNA wasn’t found on the blade of the knife.

A number of independent forensic experts—Dr. Patrizia Stefanoni, Dr. Renato Biondo, Professor Giuseppe Novelli, Professor Francesca Torricelli and Luciano Garofano—have all confirmed that sample 36B was Meredith’s DNA.

Even American experts Elizabeth Johnson, Greg Hampikian and Bruce Budowle, who have been critical of the Scientific Police’s work in this case, have conceded that the DNA was consistent with Meredith’s DNA profile.

It should be noted that none of these American experts testified at the trial or played any official role in the case. They became involved in the case after being approached by supporters of Amanda Knox. They had no bearing on the legal proceedings in Florence.

Judge Nencini accepted that Judge’s Massei and the prosecution’s assertions that Meredith’s DNA was on the blade of Sollecito’s kitchen knife and that it was the murder weapon.   

21. No other knives were taken from Sollecito’s apartment.

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”¦” (Massei report, page 106.)

“On the jack”‘knife, four 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.” ( Massei report, page 194.)

22. The knife was chosen at random.

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 a “˜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, he 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.)

23. No control tests were done.

John Follain pointed 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.)

The judges at the Supreme Court in Italy noted in their report that the negative controls had been carried out:

“...since all the negative controls to exclude it [contamination] had been done by Dr Stefanoni”¦” (Supreme Court report, page 93.)

The judges at the Italian Supreme Court criticised the court-appointed independent experts Conti and Vecchiotti for assuming they hadn’t been done.

24. There is no evidence of Amanda Knox at the actual crime scene.

The crime scene involves the whole cottage and isn’t limited to Meredith’s room. Knox and Sollecito were both convicted of staging the break-in in Filomena’s room. Furthermore, there is plenty of evidence placing Amanda Knox in Meredith’s room on the night of the murder.

For example, her DNA was found on the handle of the murder weapon, her bare bloody footprints were revealed by Luminol in the hallway and her own room and, according to the Scientific Police, her blood was mixed with Meredith’s blood in different parts of the cottage. Knox’s lamp was found in Meredith’s room, and a shoeprint in her size of shoe.

25. None of the Luminol* stains contained Meredith’s DNA.

Two of the traces revealed by Luminol contained Meredith’s DNA:

“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”¦” (Massei report, page 380.)

[* Luminol is a substance used in crime-scene investigations to reveal blood that has been cleaned up. It reacts with the microscopic particles of iron in the blood and turns it fluorescent.]

26. Mignini is persecuting Amanda Knox.

As shown above Dr Mignini was absent when Knox made her false accusation. Because of checks and balances, prosecutors in Italy have far less power than their American counterparts. The decision to send Knox to trial was actually made by Judge Micheli in 2008, not by Dr Mignini.

Judge Massei, Judge Cristiani and six lay judges found Knox guilty of murder in Perugia in 2009, and Judge Nencini, Judge Cicerchia and six lay judges confirmed Knox guilty of murder at the appeal in Florence in January 2014. 

Dr Mignini is just one of several prosecutors who have been involved in the case. Manuela Comodi was Mignini’s co-prosecutor at the the trial in 2009.  Giancarlo Costagliola was the main prosecutor in the first appeal, which was annulled by the Italian Supreme Court. He and Giovanni Galati appealed against the 2011 acquittals. Dr Mignini played no part in the new appeal in Florence. Alessandro Crini was the prosecutor.

27. Mignini claimed Meredith was killed as part of a satanic ritual.

Mignini has never claimed that Meredith was killed during a satanic or sacrificial ritual, and that’s the reason why no one has been able to provide a verbatim quote from Mignini supporting this false accusation.

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:

Drew Griffin: “You’ve never said that Meredith’s death was a satanic rite?”

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.”





Above: Several of the myth inventors and disseminators: Kassin, Dempsey, Douglas

28. Mignini claimed Meredith was killed in a sex game that went wrong.

Mignini didn’t say anything about there being a sex game that went wrong when he presented his timeline to the court at the trial. Please be warned that there is some extremely graphic content below:

[Timeline of the attack on Meredith]

23:21: Amanda and Raffaele go into the bedroom while Rudy goes to the bathroom.

23:25: A scuffle begins between Amanda, helped by Raffaele, and Meredith. The English girl is taken by the neck, then banged against a cupboard, as shown by wounds to the skull. She resists all this. Rudy Guede enters.

23:30: Meredith falls to the floor. The three try to undress her to overcome her; they only manage to take off her trousers. The girl manages to get up, she struggles. 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.

23:35: The assault continues. Sollecito tries to rip off the English girl’s bra.

23:40: Meredith is on her knees, threatened by Amanda with the knife while Rudy holds her with one hand and with the other hand carries out an assault on her vagina. There is first a knife blow on her face, then straight away another. However, these blows are not effective. The three become more violent. With the smaller knife, Sollecito strikes a blow: the blade penetrates 4 centimetres into the neck.

There is a harrowing cry, which some witnesses will talk about. Amanda decides to silence her, still according to the video brought to court by the prosecutors, and strikes a blow to the throat with the kitchen knife: it will be the fatal wound. Meredith collapses on the floor.

23:45: Meredith is helped up by Rudy and is coughing up blood. The English girl, dying, is dragged along so that she can continue to be undressed.

29. Mignini called Amanda Knox a “she-devil.”

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 asked if Knox is 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 she 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, Kindle edition, page 124.)

30. Dr Mignini was convicted of a felony and faced prison.

The Florence Appeal Court and Cassation scathingly threw out a malicious prosecution for which both the prosecutor and judge suffered. Dr Mignini has never faced the slightest risk of prison.  Often now seen on national TV, Dr Mignini is expected to be the next Prosecutor General of Umbria.

31. Rudy Guede was a drifter.

Rudy Guede lived in Perugia from the age of five, and he had his own apartment at the time of the murder.

32. Guede had a criminal record at the time of the murder.

Rudy Guede didn’t have any criminal convictions at the time of Meredith’s murder. He was not a drug dealer and not a police informant. As Judge Micheli scathingly noted, there is no proof that he committed any break-ins.

33. Guede left his DNA all over Meredith and all over the crime scene.

There was only one sample of Guede’s DNA on Meredith body and there were only five samples of his DNA at the cottage. His DNA was found on a vaginal swab, on the sleeve of Meredith’s tracksuit, on her bra, on the zip of her purse and on some toilet paper in the bathroom that Filomena and Laura shared. 

“...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found; DNA on the toilet paper in the bathroom near the room of Mezzetti, where unflushed faeces were found; on the bag found on the bed; on the left cuff of the blue sweatshirt (described as a “zippered shirt” in the first inspection, discovered smeared with blood near the body and partly underneath it); and on the right side of the bra found by the foot of Kercher’s body”¦” ( Judge Giordano sentencing report, page 5.)

34. Guede left his semen at the crime scene.

Guede’s DNA semen wasn’t found at the crime scene.

“...also a genetic profile, from the Y haplotype on the vaginal swab, in which no traces of semen were found”¦” (Judge Giordano sentencing report, page 5.)

“In one of these swabs was found biological material belonging to a male subject identified as Rudy Hermann Guede. This material, which turned out not to be spermatic [158], could be from saliva or from epithelial cells from exfoliation”¦” (Massei report, page 158.)

35. Guede left his DNA inside Meredith’s bag.

According to the Micheli report, which was made available to the public in January 2009, Guede’s DNA was found on the zip of Meredith’s purse, and not inside it.

“...b) traces attributable to Guede: ...on the bag found on the bed”¦”  (Judge Giordano sentencing report, page 5.)

36. Guede left his bloody fingerprints all over the crime scene.

He left zero fingerprints. According to the Micheli report, the Massei report and Rudy Guede’s final sentencing report, Guede was identified by a single bloody palm print:

“...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”¦” (Judge Giordano sentencing report, page 5.)

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).

37. Guede left his hair at the crime scene.

The Scientific Police didn’t find any hair that belonged to Rudy Guede at the crime scene. That’s why there’s no mention of this in any of the court documents.

38. Guede pleaded guilty or confessed.

Rudy Guede has never pleaded guilty or confessed to Meredith’s murder. He offered to testify against Knox and Sollecito at trial in 2009, but the prosecutors did not want to give him any breaks. 

39. Guede’s prison sentence was reduced because he made a deal with the prosecutors.

Guede was sentenced to 30 years in prison by Judge Micheli in 2008. However, his sentence was reduced because he opted for a fast-trial, which means he automatically received a third off the sentence of Knox and Sollecito. Generic mitigating circumstances—i.e., his young age—were also taken into consideration.

40. Guede didn’t implicate Knox and Sollecito until much later.

Rudy Guede first implicated Knox and Sollecito whilst on the run in Germany on 19 November 2007 in an intercepted Skype conversation with his friend Giacomo:

Giacomo: “So they [Knox and Sollecito] killed her while she was dressed.”

Guede: “Yes, here it says that they [clothes] were washed in the washing machine, but that’s not true. She was dressed.”

41. Amanda Knox didn’t know Rudy Guede.

Amanda Knox testified in court that she had met Rudy Guede on several occasions.

Here’s the 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.

42. Raffaele Sollecito had never been in trouble with the police.

Raffaele Sollecito had a 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.” (Massei report, page 62.)

43. Sollecito had an impeccable track record.

Sollecito was monitored at university after being caught watching hardcore pornography featuring bestiality:

“...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 with animals,’ at which next they activated a monitoring on the boy to try to understand him. (Pages 130 and 131, hearing 27.3.2009, statements by Tavernesi Francesco).” (Massei report, page 61.)

44. Sollecito couldn’t confirm Knox’s alibi because he was sleeping.

The claim that Sollecito couldn’t confirm Knox’s alibi because 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.)





Above: The two provisionally convicted who originated some of the cancerous myths.

45. Amanda Knox had never been in trouble with the police.

According to Andrew Malone in an article on the Mail Online website, Amanda Knox was charged with 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. He claimed the students then threw rocks at the windows of neighbours who had called the police. Knox was fined $269 (£135) at the Municipal Court after the incident (crime No: 071830624).

Barbie Nadeau also reported that Knox had had a previous brush with the law:

...and her only brush with the law was a disturbing-the-peace arrest for a house party she threw.” (Barbie Nadeau, Angel Face, Kindle edition, page 6.)

According to the police ticket written by Seattle Police officer Jason Bender, Knox was issued with an infraction for the noise violation and warned about the rock throwing:

I issued S1/Knox this infraction for the noise violation and a warning for the rock throwing. I explained how dangerous and juvenile that action was.

46. Amanda Knox was retried for the same crimes.

All criminal cases in Italy are subject to three levels of review. No verdict is final until it has been confirmed by the Supreme Court.

Amanda Knox was not retried. She simply appealed her provisional 2009 convictions. The first appeal was held in Perugia in 2011, where she was provisionally acquitted by Judge Hellmann.

However, the Italian Supreme Court annulled the acquittals because Hellmann was found to have made a series of grave legal errors, and ordered a new appeal in Florence.

47. The Italian Supreme Court ruled that Amanda Knox’s interrogation was illegal.

The Italian Supreme Court has never stated that Amanda Knox’s recap/summary session on 5 November 2007 for the building of a list of names was illegal.

Bruce Fischer, who runs the Injustice in Perugia website and had heatedly denied this, eventually admitted this was not true on Perugia Murder File.net website:

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

Note that as stated above it was not an interrogation.

48. The Supreme Court threw out Amanda Knox’s statements.

The Supreme Court ruled that the 1:45am and 5:45am statements Knox insisted upon couldn’t be used against her in the murder trial because she wasn’t represented by a lawyer when she made them, even though she declined the presence of a lawyer.

However, both her statements were used against her at the calunnia component of the trial.

49. Dr. Stefanoni and the forensic technicians broke international protocols.

There is no internationally accepted set of standards. DNA protocols vary from country to country, and in America they vary from state to state. For example, New York state accepts LCN DNA tests in criminal trials.

Conti and Vecchiotti cited obscure American publications such as the Missouri State Highway Patrol Handbook and the Wisconsin Crime Laboratory Physical Evidence Handbook, not international protocols.

50. Amanda Knox is being railroaded or framed.

It would be immensely difficult in the Italian system for police or prosecutors to frame anyone and sustain this through two levels of appeal. With all its checks and balances and its professional career paths, it may be the system least prone to false final convictions in the world.

A number of Knox’s supporters, including Judy Bachrach, Paul Ciolino and Steve Moore, have claimed in the US media that Amanda Knox is being railroaded or framed, but they mis-state multiple facts and provide no hard proof or any reason why. The Hellmann appeal was wiped off the books, but they wrongly still draw upon that.

The collection of the DNA and forensic evidence was videotaped by the Scientific Police and, as the judges at the Supreme Court noted, defence experts were actually in the police labs to observe the DNA tests and reported nothing wrong:

“...the probative facts revealed by the technical consultant [Stefanoni] were based on investigative activities that were adequately documented: sampling activity performed under the very eyes of the consultants of the parties, who raised no objection”¦” (The Supreme Court report, page 93.)

The legal proceedings against Sollecito and Knox have been monitored throughout by US officials from the Rome embassy, and they at no time have ever expressed any concerns about the fairness or legitimacy of the judicial process.

Sources

Court documents
The Micheli report
The Massei report
Judge Giordano sentencing report
The Supreme court report
The Nencini report

Court testimony
Amanda Knox
Anna Donnino
Monica Napoleoni

Articles
The Daily Mail
The Times
The Telegraph
The Daily Beast
The Seattle Post-Intelligencer

Books
Death in Perugia, Kindle edition, John Follain
Angel Face, Kindle edition, Barbie Nadeau

Television programmes
Drew Griffins’ interview with Giuliano Mignini on CNN

Websites
The Freelance Desk: http://thefreelancedesk.com
Perugia Murder File.org: http://www.perugiamurderfile.org
Perugia Murder File.net: http://perugiamurderfile.net
CPS website: http://www.cps.gov.uk/publications/prosecution/lcn_testing.html
Seattle-Post Intelligencer: http://blog.seattlepi.com/seattle911/files/library/knoxincidentreport.pdf


Sunday, June 01, 2014

The Knox Interrogation Hoax #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov

Posted by The TJMK Main Posters



[Above: Deputy Police Commissioner Monica Napoleoni as a witness at trial in 2009]

1. Overview of our series on the Knox interrogation hoax

This is a brief summary. Please read the full series here.

Approximately 10 posts will be devoted to the 2009 trial testimony, including Amanda Knox’s, which did her no good, and then another 10 posts to the escalating hoax propagated by Knox and the conspiracy nuts.

Here is a new example just posted by fervid new conspiracy nut Lisa Marie Basile in the Huffington Post.

We should remember that Knox was interrogated for many hours without food or water. She was slapped and screamed at in Italian—a language she barely understood at the time. When the police found her text message (which said the English equivalent of “goodnight, see you another time”) with Lumumba, they psychologically tortured her and coerced her into confessing that he was involved in the murder.

If her text message was sent to anyone else of any race, the same would have occurred. She named him because they named him. More so, false confessions aren’t rare. According to the Innocence Project, “In about 25 percent of DNA exoneration cases, innocent defendants made incriminating statements, delivered outright confessions or pled guilty.”

What total nonsense. None of Lisa Marie Basile’s “facts” here are correct. That leaves nothing of her absurd “she’s innocent but beautiful” theory still standing. This is what actually took place.

2. How Knox helped police with recap/summary 5-6 Nov

Late on 5 November 2007 Senior Inspector Rita Ficarra arrives back at the police station, to find her way blocked by a cartwheeling Knox. She mildly remonstrates. Knox testily responds that she has become sick and tired of the investigation, though she has really been little put-out.

Rita Ficarra suggests she go home and get some sleep. Knox refuses, and stays put.

After a short while Rita Ficarra suggests to Knox that if she really wants to help, she could add to the list of who Meredith knew and who might have visited the house. Knox happily agrees. So they begin on the list.

The entire official team is three often-commiserating ladies, and one man, who holds Knox’s hand.  As the defenses fully acknowledged, this was merely a recap/summary, a simple checking of facts with someone who might be helpful which could have been done on a street corner. It was not a witness or suspect interrogation. Claims that it was are a key part of the great hoax.

During the session, Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito in a separate wing. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks in a heartbeat and throws Knox under the bus.

Meanwhile Knox calmly produces seven names. No voices were raised until, to the considerable surprise of all others present, Knox has a yelling, head-clutching conniption (the first of three that night). This happens when they come across a text she had sent to someone though she had said she sent no texts. This text said she would see this unnamed person later, at an indefinite time.

Knox in turn throws Patrick under the bus, and later Sollecito. A torrent of accusations against Patrick explodes. The discussion is brought to a halt. Several hours later, Dr Mignini arrives at the police station, and in a second session presides over a reading of Knox’s rights.

At both sessions Knox herself insists on keeping everyone captive while she writes it all out. See the first statement here and the second statement here.  Both times, she is warned she should have a lawyer by her side first. Both times she declines.

In the noon statement Knox included this without any mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”

Here is the relevant part of Inspector Monica Napoleoni’s testimony at the 2009 trial. It was kindly translated by ZiaK. GCM is Judge Massei, who often ensures focus and clarity.

Click here for the rest


Sunday, May 18, 2014

The Knox Interrogation Hoax #4: More Hard Realities From Rita Ficcara, Nervousness From Defense

Posted by The TJMK Main Posters




1. Overview of this hoax series

Knox turned up at the central police station unwanted late on 5-6 Nov 2007 and briefly helped police with a list of seven names. Her version of this has morphed into a gigantic hoax.

One highly consistent version of the brief chat was testified to by all those officials present, and accepted by all courts including the Italian Supreme Court. Knox has served three years in prison for it and the US Embassy saw nothing done wrong.

And then there is Knox’s endlessly shifting version, inflated opportunistically and erratically by herself and wannabee experts over nearly seven years now. Knox has done so in numerous interviews, in her 2013 book, on her website, in her email to Judge Nencini, and in her “appeal” to the European Court of Human Rights. And the PR shills have done so on websites, on TV, in books, and in attempts to lobby the US federal government.

This version was repudiated several times by her smart Italian lawyers (though not by her foolish American lawyers) and they did next to nothing to try to verify it when questioning those officials at trial.

See a longer summary in Post #1 here.

2. Continuing the cross-examination of Rita Ficarra

Below is the examination of Inspector Rita Ficarra by Carlo Pacelli, Patrick Lumumba’s lawyer. Very tough stuff. Chronologically, this preceded the defense cross-examinations in posts #2 and #3 and may well have dampened them.

Here “GCM” is Judge Massei. As the defenses fully acknowledged, this was merely a recap/summary, a simple checking of facts with someone who might be helpful which could have been done on a street corner. It was not a witness or suspect interrogation. Claims that it was are a key part of the great hoax.

This English translation of the relevant part of Rita Ficarra’s testimony on 28 February 2009 was by main poster and professional translator ZiaK. Her full translation will appear soon on the Meredith Case Wiki.

Click here for the rest


Thursday, May 15, 2014

The Knox Interrogation Hoax #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness

Posted by The TJMK Main Posters



([Amanda Knox’s lawyers Luciano Ghirga and Maria Del Grasso who questioned Rita Ficarra]

1. Overview of this hoax series

Knox turned up at the central police station unwanted late on 5-6 Nov 2007 and briefly helped police with a list of seven names. Her version of this has morphed into a gigantic hoax.

One highly consistent version of the brief chat was testified to by all those officials present, and accepted by all courts including the Italian Supreme Court. Knox has served three years in prison for it and the US Embassy saw nothing done wrong.

And then there is Knox’s endlessly shifting version, inflated opportunistically and erratically by herself and wannabee experts over nearly seven years now. Knox has done so in numerous interviews, in her 2013 book, on her website, in her email to Judge Nencini, and in her “appeal” to the European Court of Human Rights. And the PR shills have done so on websites, on TV, in books, and in attempts to lobby the US federal government.

This version was repudiated several times by her smart Italian lawyers (though not by her foolish American lawyers) and they did next to nothing to try to verify it when questioning those officials at trial.

See a longer summary in Post #1 here.

2. Continuing the cross-examination of Rita Ficarra

In our hoax series second post we quoted two cross-examinations of Rita Ficarra by Sollecito’s lead lawyers. Here we quote two more, by two of Knox’s lawyers, Luciano Ghirga, and Maria Del Grasso.

Here “GCM” is Judge Massei. As the defenses fully acknowledged, this was merely a recap/summary, a simple checking of facts with someone who might be helpful which could have been done on a street corner. It was not a witness or suspect interrogation. Claims that it was are a key part of the great hoax. 

This English translation of the relevant part of Rita Ficarra’s testimony on 28 February 2009 was by main poster and professional translator ZiaK. Her full translation will appear soon on the Meredith Case Wiki.

Click here for the rest


Tuesday, May 13, 2014

The Knox Interrogation Hoax #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov

Posted by The TJMK Main Posters




1. Overview of this hoax series

Knox turned up at the central police station unwanted late on 5-6 Nov 2007 and briefly helped police with a list of seven names. Her version of this has morphed into a gigantic hoax.

One highly consistent version of the brief chat was testified to by all those officials present, and accepted by all courts including the Italian Supreme Court. Knox has served three years in prison for it and the US Embassy saw nothing done wrong.

And then there is Knox’s endlessly shifting version, inflated opportunistically and erratically by herself and wannabee experts over nearly seven years now. Knox has done so in numerous interviews, in her 2013 book, on her website, in her email to Judge Nencini, and in her “appeal” to the European Court of Human Rights. And the PR shills have done so on websites, on TV, in books, and in attempts to lobby the US federal government.

This version was repudiated several times by her smart Italian lawyers (though not by her foolish American lawyers) and they did next to nothing to try to verify it when questioning those officials at trial.

See a longer summary in Post #1 here.

2. The Testimony Of Inspector Rita Ficarra

Inspector Rita Ficarra was the one who initiated and led the discussion with Knox up to when Knox made her first statement, the first implicating Patrick Lumumba. 

What follows is the cross-examination of Inspector Ficarra by the prosecution and all four cross-examining defense lawyers.

It would have been a really huge gain for the defenses at trial - a not-guilty verdict would have been almost guaranteed - if they had rattled Rita Ficarra and had her admit to Knox’s coercion. Especially by the supposed alternating tag teams. Especially of a Knox without food, drink, sleep, or breaks for the bathroom.

But note that in their cross-examinations NOT ONE defense lawyer even tried to go there. In their questioning of Rita Ficarra, that mundane scenario of the two brief sessions we describe above seems a given - their own sticking point.

Here “GCM” is Judge Massei. As the defenses fully acknowledged, this was merely a recap/summary, a simple checking of facts with someone who might be helpful which could have been done on a street corner. It was not a witness or suspect interrogation. Claims that it was are a key part of the great hoax.

This English translation of the relevant part of Rita Ficarra’s testimony on 28 February 2009 was by main poster and professional translator ZiaK. Her full translation will appear soon on the Meredith Case Wiki.

Click here for the rest


Sunday, May 11, 2014

The Knox Interrogation Hoax #1: Overview Of The Series - Multiple Knox Versions v One Stark Truth

Posted by The TJMK Main Posters



[Amanda Knox at trial on 28 February, the day Inspector Rita Ficarra testified]

1. A Guide To Posts In The Series

The Interrogation Hoax Series currently includes these 21 posts and there are several trial posts to come.

Click for Post: #1: Overview Of The Series - The Two Version of the 5-6 Nov 2007 Events

Click for Post: #2: Trial Testimony From Rita Ficcara On Realities 5-6 Nov

Click for Post: #3: More Defense Pussyfooting Toward Rita Ficcara, Key Witness

Click for Post: #4: More Hard Realities Fron Rita Ficcara, More Nervousness From Defense

Click for Post: #5: Key Witness Monica Napoleoni Confirms Knox Self-Imploded 5-6 Nov

Click for Post: #6: Sollecito Transcript & Actions Further Damage Knox Version

Click for Post: #7: Testimony Of Witness Lorena Zugarini On The Knox Conniption 5-6 Nov

Click for Post: #8: Testimony Of Interpreter Donnino On Events Night Of 5 November

Click for Post: #9: Officer Moscatelli’s Recap/Summary Session With Sollecito 5-6 Nov

Click for Post: #10: Why Prosecution And Defenses Never Believed Knox’s Version #1

Click for Post: #11: Why Prosecution And Defenses Never Believed Knox’s Version #2

Click for Post: #12: Proof Released That In 5-6 Nov Session Knox Worked On Names List

Click for Post: #13: The First Two Pre-Trial Opportunities Which Knox Flunked

Click for Post: #14: The Third Pre-Trial Opportunitty Which Knox Flunked

Click for Post: #15: Dr Mignini’s Knowledge Of Knox “Interrogation” Explained To Media

Click for Post: #16: The Fourth Pre-Trial Opportunity Which Knox Flunked

Click for Post: #17: Sollecito April 2008 Before Supreme Court Again Coldsholders Knox

Click for Post:#18: The Final Pre-Trial Opportunities Which Knox Flunked

Click for Post: #19: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #1

Click for Post: #20: ALL Knox Q&A Sessions 2-6 November 2007 WERE Recorded #2

Click for Post: #21: Illustrating How Batshit Crazy The Interrogation Hoax Has Become

It includes a lot of new translation of case transcripts only recently acquired. So one can say with a lot of confidence that this is The Real Thing and any other version is fake.

Remember Knox and Sollecito sat through all of the investigators’ pre-arrest testimony at trial, downhearted and apprehensive, and there were no smiles and few interruptions. Sollecito refused to get on the stand, so from his team there really was never a rebuttal. Knox HAD to get on the stand, for two days, because she had no other way to defend herself against the crime of falsely framing Patrick for murder.

Read the State’s scenario in Part 2 and Knox’s scenario in Part 3 below. Knox’s version inevitably weakened a lot under challenge, and it contradicted in many places what you can read here. So… She ended up serving three years. While on the stand she confirmed that she had been treated well, stiffing thousands of supporters duped into believing she was not.

2. Court-Accepted Events Of 5-6 November 2007

This is an overview of Knox’s so-called “interrogation” at Perugia’s central police station, the subject of the first ten posts.

It led to her arrest and three years served. To make this picture really firm we will quote a lot of the testimony at trial. The Case Wiki carries all of these transcripts, many in English translation, and more. 

Senior Inspector Rita Ficarra testified that she arrived back at the police station late on 5 November, and finds her way blocked by a cartwheeling Knox.

She rebukes Knox, who testily responds that she is tired of the investigation. Rita Ficarra tells Knox to go home and get some sleep. Knox testily refuses, and remains there.

Shortly after, Ficarra suggests to Knox that if she really wants to help, she could add to the list of possible perps - men who Meredith knew and who might have visited the house.

This was a recap/summary, a simple checking of facts with someone who might or might not be of help. This could have been done on a street corner or in a house by a single officer. It was not a witness or suspect interrogation. From the transcript:

Ghirga: “While this interrogation - let’s call it thus - was in progress, some colleagues arrive…”  Ficarra: “It was not an interrogation, Attorney.” Ghirga: “They are called recaps/summaries.

Knox eagerly agrees. So they begin on the list.

This goes slowly because of language problems, until an interpreter, Anna Donnino, arrives. In total only Knox and four others (three of them women) are present.

Knox builds a list of seven people and adds maps and phone numbers (placed in evidence) in a calm proceeding. These were the names: Peter Svizzero, Patrick, Ardak, Juve, Spiros, Shaki and “a South African [Guede]” who played basketball near the house.

At several points in the evening Knox is provided with refreshments. No voices are ever raised, no bathroom breaks are refused.

In a separate wing Inspector Napoleoni and a couple of colleagues are seeking facts from Sollecito. Shown conflicts between what he has said and what his phone records show, Sollecito backtracks, and declares that Knox went out alone on the night, and made him lie.

Napoleoni moves through the questura to share this with Ficarra and suggests to discuss the night of the attack with Knox in more detail and clarify all those who were present. Knox is not informed of Sollecito’s backtrack. She is asked for names on her phone and shares them. There is an outgoing to Patrick but no prior incoming. Knox is asked who Patrick is.

Suddenly, to the considerable surprise of others present, Knox has a yelling, head-clutching conniption (the first of several that night) and says “It’s him, it’s him, it was him, he killed her”. The session is halted.

Despite warnings she should not do so without a lawyer, Knox insists on a recorded statement which says she headed out to meet Patrick that night after he texted her. She accuses Patrick of killing Meredith. 

Efforts are made throughout the next several hours to try to help Knox to calm down. Knox is put on hold, given more refreshments, and made comfortable on some chairs so she might try to get some sleep.

A second session ending at 5:45 is intended as merely a formal reading of Knox’s legal status and her right to a lawyer, with Dr Mignini presiding. She is to be held as a material witness and for her own protection.

Again warned that she should not speak without a lawyer, and no questions can be asked, Knox still insists on a second spontaneous accusation culminating in a second recorded statement.

This also says she went out to meet Patrick that night, also accuses Patrick of killing Meredith, and now also hints that Sollecito may have been there. 

Just before noon, now under arrest and about to be taken to Capanne Prison, Knox insists on writing out at length a third statement this time in English.

She gleefully hands it to Rita Ficcara who cannot read it as she as no English. In the statement, Knox included this damning remark, without any mention of having been coerced: “The questions that need answering, at least for how I’m thinking are… 2. Why did I think of Patrik?”

Knox’s lawyers never ever substantially challenge this version. At trial they accept that there was no interrogation, leave standing that Knox insisted on all three statements, and dont ever pursue Knox’s claims that she was coerced.

Courts all noted that there is no mention in that third note of Knox having been coerced, although this note was her idea and she could put in it anything she liked. From this there never was any going back.

In July 2009 at trial, in face of days and days of prior investigator testimony, Knox brashly tried to substitute this scenario above with the one below. Of course she was disbelieved.

For the calunnia framing of Patrick Lumumba Judge Massei in 2009 sentenced her to a year more than Sollecito, amended by Judge Hellmann in 2011 to three years served.

The Supreme Court definitively overruled her calunnia appeal so for her false framing of Patrick she is a felon for life.

3. The Knox-Promoted Alternative Version

This will be the subject of many later posts. Though her precise claims vary and often contradict one another, Knox herself has on and off since November 2007 tried to blame the police for causing her conniption and her false accusation of Patrick for the death of Meredith.

Knox and her team failed to convince Supervising Magistrate Matteini, and the Ricciarelli review panel, in November 2007. Failed to convince Prosecutor Mignini in December 2007. Failed to convince the Supreme Court in April 2008. Failed to convince the Micheli court in late 2008. Failed to convince at trial 2009 and at appeal 2011. Failed to convince the Supreme Court in 2013.

As Knox’s team did not believe her, they may not have given this their hardest shot. Nevertheless the huge and very nasty Knox PR effort went full-bore ahead.

Read this post of 11 February 2009 which was about two weeks before the Knox “interrogators” were cross-examined at trial, and several months before Knox herself took the stand. Dozens of media reports repeated the Knox claims as if true.

Knox repeated them in her April 2013 book, and her December 2013 email to Judge Nencini, and her appeal to EHCR Strasbourg, and in some TV and newspaper interviews, including one with the Italian weekly Oggi which caused that paper legal harm.

This version has been blown up by Knox PR shills in internet posts, articles, TV interviews, and books. Among others propagating it have been Raffaele Sollecito (in his book), Doug Preston, Saul Kassin, Steve Moore (especially), John Douglas, Jim Clemente, Paul Ciolino, Michael Heavey, Greg Hampikian, Chris Halkidis, Mark Waterbury, Doug Bremner, Candace Dempsey, Nina Burleigh, Bruce Fischer, and many posters on the Knox sites and Fischer sites and on Ground Report.

Main claims included 50-plus hours of “interrogation”, numerous officers in teams, no food or drink, no sleep, no bathroom breaks, no lawyer, no recording, and much abuse and yelling and suggestions and threats. Way beyond anything even Knox herself and notably her own lawyers ever claimed. 

  • Here is Steve Moore claiming that around a dozen cops in rotating tag teams of two assaulted a starving and sleepless Knox over 20/30/40 hours, threatened her, and refused her a lawyer throughout.

  • Here is Saul Kassin claiming that Knox was interrogated over the entire night of 5-6 November, until she was finally broken and a coerced “confession” emerged - even though the “false confession” actually framed Patrick and was in reality a false accusation. That Kassin ignores.

  • Here are several former FBI profilers blatantly embellishing the same claims in a book, with (today) 60 five-star reviews.

And yet Knox’s own Italian lawyers specifically denied her accusations! No complaint against the police was ever lodged. All courts disbelieved her. Knox served her three years. But still the PR-driven hoax keeps resounding.

4. The Intended Course Of Our Series

Hopefully we will get this done in about 20 posts. Starting in the next post is trial testimony, the first from Inspector Ficarra, newly translated by the professional translator ZiaK.

Rita Ficarra presided over the first recap/summary with Knox (again, a recap/summary is not an interrogation) on 5-6 November and was later present when Knox was read her rights.

We’ll then post more newly-translated trial testimony of other police present at the central police station on the night, and what the magistrates in 2008 and 2008 and trial and appeal judges from 2009 to 2014 made of this.

Then we enter the alternative universe of the numerous conspiracy claims, extending to Sollecito’s 2012 book and Knox’s 2013 book, her lengthy email to Judge Nencini in 2014, and so to her appeal to Cassation, pending as of this date.


Friday, May 09, 2014

Amanda Knox’s Awkward, Robotic TV Appearances: New Science Could Blow Away Such Fraud

Posted by Peter Quennell



In Italy the zillion or so Italians that Amanda Knox has framed are starting to push back on steroids in the Italian media and courts.

More on that coming up. Meanwhile Americans have been a tad less nimble to realize that they’ve swallowed a gigantic hoax.

Unsurprising, perhaps, given years of uniquely one-sided TV coverage of the case. But thanks to the good English-language reporters in Italy who have persevered. And thanks to CNN’s Nancy Grace for her biting segment this week, making it quite obvious where she stands on guilt.

Knox’s TV appearances and written statements are ringing more and more hollow as they lose all touch with reality. See our post immediately below. Such a brazen mangling of hard facts is absolutely absurd.

The professionals Vivianna and Friendofstfrank, main posters here, each have posts in the works for us on what they have been reading from Knox’s persona on the TV screen.

In the meantime, please check out these videos on the new science. Each is an hour long. They show just how hard it could get for any future Knoxes and Sollecitos to sustain a similar hoax in future.

Here’s an overview of the videos from the New York Times. 

The program looks at how developments in neuroscience are affecting court cases and might do so even more radically in the future. It sets up a fictional trial involving a shooting during a convenience store robbery, cutting between courtroom scenes and visits with researchers and legal scholars who are working on the front edge of this world.

By mapping brain activity, scientists know quite a bit about which regions are involved with processes like facial recognition, as well as the differences between mature adult brains and the brains of young people. (The fictional shooting suspect is 18.) The program has segments on how this research might be applied to issues like determining whether a witness is correctly identifying someone, whether a defendant is lying about not having been at a particular location, even whether potential jurors have racial biases.

Researchers, able to see the implications of their work, are also already studying whether knowledgeable test subjects can subvert the technology, rigging test results by how they think or where they focus their eyes.



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