Category: Defendants in court

Friday, June 12, 2009

Trial: Knox Claimed Not To Have Been At The House On The Night

Posted by Peter Quennell

[click for larger image]

New York’s Daily News from various wire services.

Knox said she last saw Kercher on the afternoon of Nov. 1. Knox testified the two talked about what they had done the night before “” a Halloween night out “” and Knox said Kercher still had a bit of her vampire makeup on, the AP reports.

Knox went on to say Sollecito then arrived at the house; he and Knox had something to eat while Kercher remained in her room.

“She left her room, said ‘bye,’ walked out the door,” Knox said, who switched from speaking English to Italian. “That was the last time I saw her.”

Her testimony on the stand was markedly different than the statement she gave police days after her roommate was found dead.

Originally Knox claimed to have been at the house she shared with Kercher on the night of the murder. She later retracted that story and said she was not there.

Sollecito flip-flopped on his story as well. He had told police he was at his apartment watching a movie with Knox and she spent the night with him. Later, he claimed to not remember if she had spent the night.

Defendant Testifies: Is This A Prosecutor’s Dream Come True?

Posted by Arnold_Layne

[click for larger image]

To my knowledge, in the past when Amanda has spoken on her own behalf she was not challenged by the prosecution.  Friday will be different.  On Friday, she will be asked to reconcile discrepancies in her statements.  She will not be a sworn-in witness so it is not clear which lines of questioning will be allowed but the prosecutor will certainly try to impeach her.  If she is a psychopath, things could get knarly.

You’ve all seen it many times on crime shows.  On cross examination, the witness offers some testimony, for example, the fact that she has never been married.  The lawyer then asks to offer into evidence a marriage certificate.  Reducing the credibility of a witness in this fashion is known as impeaching the witness.  There are special rules that apply which allow the attorney to ask questions not normally allowed.  To discredit a claim made by the witness, the prosecutor could, for example, enter new evidence not presented previously during the prosecution phase of the trial.  The jury is then instructed to use the evidence only as it reduces the credibility of the witness but to ignore it when otherwise considering the guilt or innocence.  That’s expecting a lot.

One characteristic of a psychopath is the ability to lie with facility.  This does not mean the ability to spin a yarn or to make up a good story.  Most of us can do this.  It also doesn’t mean that the lie is particularly bad (a boldface lie).  When asked a question when the truth is not going to yield a desirable outcome, most of us will pause a little, maybe lift our eyes upward, as we weigh the consequences of the lie.  Someone who can lie with facility speaks the lie as fast as they would the truth and with the same conviction.

The problem, of course, is that without the pause there is no weighing of the implications of the lie.  There is little checking for consistency.  In social situations this can easily be maneuvered around by saying something along the lines of, “Aw, I was just jokin’”.  Guede adjusted his story to meet the facts as they emerged.  Amanda now also knows the evidence against her and she’s had plenty of time to create a story to match it.  She will be on stable ground here as the Judge and jury weigh her statements against those put forth by the prosecution.  This is a good reason to only have one of the two defendants testify.  They can’t trip each other up.

Cross, on the other hand, is going to be a minefield for her.  Not only will the prosecution point out discrepancies but they will challenge her on them and she will be under pressure to correct them.  She will be up against a trial lawyer’s strong suit.  Mignini will be trying to impeach her.  If she steps on one of his mines, she will probably step on many ““ and he’ll be laying even more as she speaks.

Other incendiaries include her basking in the attention and notoriety she is getting.  Additionally, she is a creative writer.  Who can say what this might lead her to say if she strays from the straight and narrow.

I give her credit for doing this but I certainly don’t envy her.  I can’t say that I have ever done anything tougher myself.  I wouldn’t eat for two days, just as a precautionary measure. Btw “can you smoke on the witness stand?” I’d bring a carton, of Luckies.

Trial: Lunchtime Video Report From The Daily Telegraph

Posted by Peter Quennell

Trial: BBC Posts Video Of First Words Of Knox Testimony

Posted by Peter Quennell

Click above. Preceded by a brief bit of advertising.

After the testimony shown (it was in the first two minutes) all cameras had to leave the court.

Trial: Reuters And Getty Images Of The Defendants In Court Today

Posted by Peter Quennell

Trial: Richard Owen Reports First Knox Testimony With Nick Pisa Video

Posted by Peter Quennell

Click above for the report in the Times, and once there click on the video.

When questioned in court today, the American said that when under “police pressure” she had “imagined many things”.

She said she had made her accusation against Mr Lumumba “against my will”. Asked if the police had suggested to her that the murder had taken place during a party at which Ms Kercher had had sex she replied: “Yes”.

Asked if she had been struck by police, she again replied “Yes”. Police have testified that Ms Knox was treated well during her questioning and have denied that she was hit

She said: “They called me a stupid liar and said I was trying to protect someone”.

By the way, no lawyer following the trial that we know thinks the evidence is “flimsy"as the TV anchor seems to think.

Friday, May 29, 2009

Trial: More On The Violent Crimes Unit’s Reconstruction Of The Violent, Prolonged Attack

Posted by Peter Quennell

Grim-faced expert witnesses from the Violent Crimes Unit in Rome enter court

1. Reconstruction Of The Attack On Meredith

Judge Massei closed the court for much of the time. No English-language reporters were there.

Nevertheless, reports in La Nazione and other Italian media described the reconstruction of the final attack on Meredith in the court with the aid of many photographs and graphics.

Giuseppe Codispoti, Director of the Analysis of Violent Crime Unit, said in his deposition that the evidence pointed to three subjects in addition to the victim being present in the room at the time.

The evidence included the many wounds on Meredith, the state of her clothing, and the locations and shapes of the bloodstains on the walls, the wardrobe, and the floor.

Wounds to Meredith’s right hand pointed to a desperate attempt to ward off one or several attackers with knives while she was being held by her other arm.

The director of the Violent Crime department, Edgardo Giobbi, told the court that when, on the day after the murder, he handed Knox (not yet a suspect) a pair of shoe covers before entering the apartment below hers, she swiveled her hips and said “oopla.” This attitude made him turn his “investigative attention” on her, he said.

This was dramatic and telling testimony, and for some in the courtroom apparently quite hard to take.

Below: One of the images used in their detailed reconstruction of the final frenzied act in Meredith’s bedroom that suggested three people had to be involved.

2. Prior Testimony That Relates

Judge Micheli summarized the same forensic evidence and concluded for purposes of convicting Rudy Guede and of sending Knox and Sollecito to trial that it did point to three people being involved.

Judge Micheli also concluded that, as part of a cover-up, Meredith was later moved from the location below (by the wardrobe and the window) to where she was found, several feet to the left (by the bed).

3. Defensive PR Reaction To This Tough Talk

In their attempt to ridicule and undermine this compelling evidence, CBS News (48 Hours) in their recent very slanted report repeatedly showed bizarre caricatures of this scene by an Italian cartoonist.

None were remotely correct. That was not, we think, CBS News’s finest hour. They have been very silent on it since.

The paid Candace Dempsey defense blog on the Seattle PI website took a shot at ridiculing the reconstruction image above.

Something rather incoherent to do with not being specific enough about the figures. But the image above was one of a number that the witnesses used.

As real crime experts in the field would all know, it was deliberately not more specific because it incorporated only the known hard evidence.

Contacts of ours in NYC associated with law enforcement are giving the reconstruction an A. It was a careful and clever bit of work.

Thursday, May 28, 2009

The Damage That Is Now Flowing From A Needlessly Hard-Line PR Campaign

Posted by Peter Quennell

Click above for Andrea Vogt’s extraordinary report in today’s online Seattle Post-Intelligencer.

Added: Also, in case it scrolls away, this valuable take is copied here.

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

The unredacted Seattle Police Department report, obtained by seattlepi.com, names a primary suspect and quotes the woman as saying that that the suspect “is engaging in tactics meant to intimidate,” along with “the tacit consent” of Knox’s stepfather, Chris Mellas. The report names Mellas, but he is not a suspect.

According to the report, the tactics include “veiled threats” and attempts to disable a Web site dedicated to the criminal case in Perugia, Italy.

The development marks an escalation in a ferocious “blog war” that has been brewing for more than a year as Knox faced a murder charge, then went on trial. The blog war has recently become particularly vicious and personal in Knox’s hometown of Seattle.

The battle in the blogosphere has divided the online community into two factions: those who question Knox’s innocence, and those who do not. In Italy, the media have dubbed them “innocentisti and colpevolisti,” or “the innocents and the guilties.”

Knox and her Italian ex-boyfriend, Raffaele Sollecito, are currently standing trial in Perugia for the slaying of Meredith Kercher. Kercher, a college student from England, was studying in Italy, as was Knox, a University of Washington student. The two shared an apartment.

Seattle police Sgt. Mark Worstman has confirmed that an investigation into cyber-harassment is still open and cautioned those who are concerned for their security to consider avoiding online debates and community forums where aggressive behavior is being allowed.

When seattlepi.com interviewed him, Mellas denied any involvement and said he is not connected to and does not know the person named in the complaint. In fact, he said he and his family also have been harassed online.

“I have not approved or disapproved because I don’t have any part to play in it,” said Mellas, who is a computer-network manager at Bellevue-based real estate development company.

“There’s a bunch of idiots on both sides of this whole silly blogworld. It has degenerated beyond belief, and frankly an article that is going to highlight this is only going to make it worse. But I don’t really care, because I don’t pay attention to it,” Mellas said.

Seattlepi.com is not naming the suspect because he has not been charged with any crime. He did not respond to seattlepi.com efforts to reach him by phone or by the e-mail addresses listed in the police report.

West Seattle resident and professional translator Peggy Ganong, who moderates the discussion site Perugia Murder File under the online name “Skeptical Bystander,” complained to police two months ago, saying she was being harassed for her involvement and for comments she has posted on sites that question Knox’s innocence.

“I am supposed to somehow get behind the home team. It is as simple as that,” said Ganong, who lives just a few blocks from the Mellas and Knox families. “But I had ongoing doubts, I continued to express that opinion, and that’s when I became a target. But the fact that it has spilled over into real life, well there’s something scary and terribly wrong about it.” The sites that question Knox’s innocence and defend court proceedings in Perugia are Perugia Murder File, a discussion board co-moderated by Ganong, and True Justice for Meredith Kercher, founded last September by New Jersey financier Peter Quennell.

“The True Justice site was created because Kercher had become so intensely forgotten, as the huge and well-funded effort gathered speed to paint Knox as the ‘real’ victim,” Quennell said. Quennell said more than 20,000 people have visited his site.

A number of individual bloggers also write about the case. There are two main blogs in defense of Knox. One is Italian Woman at the Table, a seattlepi.com reader blog by Seattle freelance writer Candace Dempsey. Dempsey’s blog was initially about cooking but added true crime to its menu as the debate picked up steam.

Dempsey was one of the first U.S. bloggers to post key court documents. She is now writing a book on the case. The other defense site is Perugia Shock, the first blog about the case, which started Nov. 2, 2007. Perugia Shock’s comment threads are home to some of the most heated Knox-related exchanges online.

Perugia Shock is hosted on a California server and financed by an American firm, according to the Perugia-based blogger who covers the case and operates the site under the alias “Frank Sfarzo” (a stage name, real name Sforza).

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

“Sometimes I briefly let my guard down, but I try to cancel when the comments are offensive or if people request it,” he told seattlepi.com.

While Italian Woman at the Table and Perugia Murder File require registration to post, Perugia Shock allows anonymous postings. There, people who leave anonymous comments have launched threats and accusations that cut both ways. A number of women associated with this case have been attacked online, not only for their opinions, but also for real or imagined physical traits.

Ganong and Seattle trial lawyer Anne Bremner have been targeted with a particular zeal, although Bremner said the positive feedback she has received has far outweighed the catty remarks. Ganong chalks it up to the fact that they are both outspoken, albeit on different levels. Bremner has appeared regularly on national television as a legal analyst for high-profile cases such as Scott Peterson, Michael Jackson and Mary Letourneau. On this case, she has been a vocal supporter of Knox, posted a letter on Perugia Shock and often represents the ad hoc Friends of Amanda group in media appearances.

“I am not a public personality,” Ganong said, “but I do somehow represent the other side—this whole other class of people in Seattle who are not on the bandwagon and are not buying the ‘railroad job from hell”’ argument that Knox is being wrongly prosecuted. Ganong told seattlepi.com that it wasn’t just months of targeted, rude remarks that pushed her to file the report. She finally went to police after posters published her husband’s first and last name, the approximate location of their home, information about their family life, as well as shopping and personal habits, much of which had been gleaned from public-records searches, Facebook and other online portals.

Before filing the report, she repeatedly requested that the profane comments and posting of personal information stop. Her exasperated husband, a Seattle accountant, even met Mellas for a beer in a Seattle tavern to talk face-to-face about various messages that had been posted.

But Mellas said he had no control over the blogosphere and actually had much bigger things to worry about.

“I told him I have nothing to do with it. I said proceed with whatever it is you are doing, find out who it is and at that point you’ll know I am not doing anything, and it is not coming from my network either, as far as I know,” said Mellas, who helps manage a network with more than 400 computer users. “Granted, I don’t sit around all day and audit all the network traffic.”

“Those people are not going to get the answer until they get the authorities involved and get some logged ISPs and find out where it is really coming from. I hope that when they do that they make that known.”

It is not the first time Mellas’ name has surfaced in a blogging controversy, however.

Before Perugia Murder File existed in its current form, it was moderated as a message board called The True Crime Weblog Message Board by one of the nation’s foremost true crime bloggers, Steve Huff. Huff now blogs professionally for the Village Voice Media’s True Crime Report. At one point the posts became so aggressive that Huff decided to do something he rarely does—post the IP address of the person commenting. The IP traced to a block of IP addresses managed by Mellas, and Huff took him to task publicly, claiming he had written or authorized the comments himself. Mellas, however, says that his work as a network manager overseeing an IP gateway means several hundred people are using computers (and IP addresses) that are linked to his name. He said someone could easily be impersonating him, pretending he or she is associated with him or writing messages without his knowledge, since several hundred people could access the Internet using the block of IP addresses he manages. An Internet Protocol address is an identifying number assigned to computers participating in an internet network.

Huff said one of the intimidating private messages accusing him of slander was sent to him via the contact form by “Mr. Anonymous,” who claimed to own the e-mail .(JavaScript must be enabled to view this email address).

The contact form captured the IP address of the sender and was traced to a block of Internet Protocol addresses managed by Mellas, Huff said. While the message could have from anyone within his large network, Huff said he believes it was sent or approved by Mellas.

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

According to Ganong, the threats online and to her own personal inbox are originating from the same Hotmail and Gmail addresses.

Another Seattle area couple, Kathleen and Randy Jackson, are also considering filing police reports. Both post under aliases on the Perugia Murder File site and have been criticized for attending a recent fund-raiser for Knox. Jackson, who said she is a former victim of sexual assault, said she went to the event because she felt Kercher’s memory was being overlooked in the effort to raise money for Knox.

“It had been announced everywhere as this high-profile fund-raiser, so I wanted to go where this big news was happening and show a different side of Seattle, because I grew up there, and I was embarrassed,” Kathleen Jackson said.

But after the couple did an interview on a local Seattle television station covering the event, the negative attention grew fiercer, but oddly, just toward Kathleen, who posts on Perugia Murder File as “Professor Snape.” Randy, an educational technology professional at the University of Washington who posts as “Fly By Night,” is just as active on the forum. “Both Kathleen and I talked to the reporter, but only she’s been called out,” Randy Jackson said. “These individuals seem to more frequently target women.”

Kathleen Jackson said using an anonymous online identity allowed her to express her strong views on the case. But when other anonymous posters began speculating about where she lived and worked, she began having second thoughts.

“Now that they want to find out who we are and tell the whole world, well, why do they want to do that?” she said. “I think they are trying to intimidate us to stop posting.” Supporters of Knox also have been targeted. Participants at Italian Woman at the Table spar, but controversial comments are often resolved briskly with Dempsey’s delete key. Until she began requiring commenters to register, she says, she received chilling death threats from anonymous posters certain of Knox’s guilt. Posters have inaccurately described her credentials, said Dempsey, and “outed” personal information about her family.

After seeking advice from local police, she implemented behind-the-scenes safety measures, but has not filed a formal report. Dempsey warned that those who blog using their real name should expect to have their privacy violated on the “no-rules Internet.” “Anybody who writes about a murder case will attract angry posters who are sure they know who did it,” she said.

That is exactly what happened to Huff, who decided it wasn’t an online community he wanted to court. “I’ve been a little shocked—but not that shocked—all along at the way the Knox/Kercher case has broken down to something more akin to a pitched political argument than a debate about a terrible, violent crime and the possible guilt of one of the accused,” Huff told seattlepi.com in an e-mail. He’s been particularly surprised by the network newsmagazines’ “pro-active efforts” to smear the prosecutor while painting Knox as “some innocent pixie college girl.” “There’s some larger statement afoot in that about American views and our culture of looks over authenticity, in my opinion,” Huff said. Huff said his opinion about guilt or innocence in the case is still flexible—he can see both sides and thinks the case could go either way, but the vicious online harassment—present from the onset but particularly intense just prior to the start of the trial—prompted him to dial back his participation.

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

A number of individual bloggers also write about the case. There are two main blogs in defense of Knox. One is Italian Woman at the Table, a seattlepi.com reader blog by Seattle freelance writer Candace Dempsey. Dempsey’s blog was initially about cooking but added true crime to its menu as the debate picked up steam.

Dempsey was one of the first U.S. bloggers to post key court documents. She is now writing a book on the case. The other defense site is Perugia Shock, the first blog about the case, which started Nov. 2, 2007. Perugia Shock’s comment threads are home to some of the most heated Knox-related exchanges online.

Perugia Shock is hosted on a California server and financed by an American firm, according to the Perugia-based blogger who covers the case and operates the site under the alias “Frank Sfarzo.”

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

“Sometimes I briefly let my guard down, but I try to cancel when the comments are offensive or if people request it,” he told seattlepi.com.

While Italian Woman at the Table and Perugia Murder File require registration to post, Perugia Shock allows anonymous postings. There, people who leave anonymous comments have launched threats and accusations that cut both ways. A number of women associated with this case have been attacked online, not only for their opinions, but also for real or imagined physical traits.

Ganong and Seattle trial lawyer Anne Bremner have been targeted with a particular zeal, although Bremner said the positive feedback she has received has far outweighed the catty remarks. Ganong chalks it up to the fact that they are both outspoken, albeit on different levels. Bremner has appeared regularly on national television as a legal analyst for high-profile cases such as Scott Peterson, Michael Jackson and Mary Letourneau. On this case, she has been a vocal supporter of Knox, posted a letter on Perugia Shock and often represents the ad hoc Friends of Amanda group in media appearances.

“I am not a public personality,” Ganong said, “but I do somehow represent the other side—this whole other class of people in Seattle who are not on the bandwagon and are not buying the ‘railroad job from hell”’ argument that Knox is being wrongly prosecuted. Ganong told seattlepi.com that it wasn’t just months of targeted, rude remarks that pushed her to file the report. She finally went to police after posters published her husband’s first and last name, the approximate location of their home, information about their family life, as well as shopping and personal habits, much of which had been gleaned from public-records searches, Facebook and other online portals.

Before filing the report, she repeatedly requested that the profane comments and posting of personal information stop. Her exasperated husband, a Seattle accountant, even met Mellas for a beer in a Seattle tavern to talk face-to-face about various messages that had been posted.

But Mellas said he had no control over the blogosphere and actually had much bigger things to worry about.

“I told him I have nothing to do with it. I said proceed with whatever it is you are doing, find out who it is and at that point you’ll know I am not doing anything, and it is not coming from my network either, as far as I know,” said Mellas, who helps manage a network with more than 400 computer users. “Granted, I don’t sit around all day and audit all the network traffic.”

“Those people are not going to get the answer until they get the authorities involved and get some logged ISPs and find out where it is really coming from. I hope that when they do that they make that known.”

It is not the first time Mellas’ name has surfaced in a blogging controversy, however.

Before Perugia Murder File existed in its current form, it was moderated as a message board called The True Crime Weblog Message Board by one of the nation’s foremost true crime bloggers, Steve Huff. Huff now blogs professionally for the Village Voice Media’s True Crime Report. At one point the posts became so aggressive that Huff decided to do something he rarely does—post the IP address of the person commenting. The IP traced to a block of IP addresses managed by Mellas, and Huff took him to task publicly, claiming he had written or authorized the comments himself. Mellas, however, says that his work as a network manager overseeing an IP gateway means several hundred people are using computers (and IP addresses) that are linked to his name. He said someone could easily be impersonating him, pretending he or she is associated with him or writing messages without his knowledge, since several hundred people could access the Internet using the block of IP addresses he manages. An Internet Protocol address is an identifying number assigned to computers participating in an internet network.

Huff said one of the intimidating private messages accusing him of slander was sent to him via the contact form by “Mr. Anonymous,” who claimed to own the e-mail .(JavaScript must be enabled to view this email address).

The contact form captured the IP address of the sender and was traced to a block of Internet Protocol addresses managed by Mellas, Huff said. While the message could have from anyone within his large network, Huff said he believes it was sent or approved by Mellas.

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

According to Ganong, the threats online and to her own personal inbox are originating from the same Hotmail and Gmail addresses.

Another Seattle area couple, Kathleen and Randy Jackson, are also considering filing police reports. Both post under aliases on the Perugia Murder File site and have been criticized for attending a recent fund-raiser for Knox. Jackson, who said she is a former victim of sexual assault, said she went to the event because she felt Kercher’s memory was being overlooked in the effort to raise money for Knox.

“It had been announced everywhere as this high-profile fund-raiser, so I wanted to go where this big news was happening and show a different side of Seattle, because I grew up there, and I was embarrassed,” Kathleen Jackson said.

But after the couple did an interview on a local Seattle television station covering the event, the negative attention grew fiercer, but oddly, just toward Kathleen, who posts on Perugia Murder File as “Professor Snape.” Randy, an educational technology professional at the University of Washington who posts as “Fly By Night,” is just as active on the forum. “Both Kathleen and I talked to the reporter, but only she’s been called out,” Randy Jackson said. “These individuals seem to more frequently target women.”

Kathleen Jackson said using an anonymous online identity allowed her to express her strong views on the case. But when other anonymous posters began speculating about where she lived and worked, she began having second thoughts.

“Now that they want to find out who we are and tell the whole world, well, why do they want to do that?” she said. “I think they are trying to intimidate us to stop posting.” Supporters of Knox also have been targeted. Participants at Italian Woman at the Table spar, but controversial comments are often resolved briskly with Dempsey’s delete key. Until she began requiring commenters to register, she says, she received chilling death threats from anonymous posters certain of Knox’s guilt. Posters have inaccurately described her credentials, said Dempsey, and “outed” personal information about her family.

After seeking advice from local police, she implemented behind-the-scenes safety measures, but has not filed a formal report. Dempsey warned that those who blog using their real name should expect to have their privacy violated on the “no-rules Internet.” “Anybody who writes about a murder case will attract angry posters who are sure they know who did it,” she said.

That is exactly what happened to Huff, who decided it wasn’t an online community he wanted to court. “I’ve been a little shocked—but not that shocked—all along at the way the Knox/Kercher case has broken down to something more akin to a pitched political argument than a debate about a terrible, violent crime and the possible guilt of one of the accused,” Huff told seattlepi.com in an e-mail. He’s been particularly surprised by the network newsmagazines’ “pro-active efforts” to smear the prosecutor while painting Knox as “some innocent pixie college girl.” “There’s some larger statement afoot in that about American views and our culture of looks over authenticity, in my opinion,” Huff said. Huff said his opinion about guilt or innocence in the case is still flexible—he can see both sides and thinks the case could go either way, but the vicious online harassment—present from the onset but particularly intense just prior to the start of the trial—prompted him to dial back his participation.

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

Wednesday, May 06, 2009

The Puzzle Of The Cell Phones: Was Rudy Doomed From The Start?

Posted by Arnold_Layne

Current thinking is that about a year after the three were arrested, Rudy Guede’s team decided to request a fast-track trial because his team thought Knox and Sollecito might craft a defense that made Guede appear more guilty. 

After he was convicted, defense supporters of course seized upon his conviction as the basis for the “lone wolf theory”.  It is possible, however, that Guede’s defense team was more correct all along than they might have realized - that he really was being set up.

What did Knox and Sollecito actually have planned?  Admittedly Sollecito had his knife fetish, and Knox’s sexuality was, well, you know.  But since none had committed any violent crimes in the past, it is unlikely that they planned to commit one quite so significant as a murder at this point. 

Contrary to what I had previously thought, Mignini may also be correct in his game theory.  Their plan might have been to coerce Meredith into having sex with someone.  If they couldn’t “talk her into it” they planned on intimidating her with the very large knife they brought along.

There is an inconsistency in the various scenarios that have been put forth.  In one scenario, all three came to the cottage intending to physically harm Meredith, and that is why they brought the knife and turned their cell phones off.  This doesn’t really make much sense because, for a murder, or even an assault with a knife, it was incredibly poorly planned. 

Additionally, and more importantly, none of these people had a criminal past and so it is unlikely they would plan on committing quite such a horrible crime.

Another scenario, which is along Mignini’s lines, is that the three planned to use the knife only to intimidate Meredith into doing what they wanted ““ which was to get involved in a sex act with Guede by coercing and threatening her.  This activity could be considered a sex game. 

If the terrifying trio had planned on going to see Meredith merely to play a game, then why did Sollecito and Knox turn their cell phones off?

They must have realized that there was a possibility that what they were setting out to do could end poorly.  If Meredith went along with what they planned, all would be okay.  Hopefully, she’d be a good sport when it was over.  If this is how it played out, there would have been no need to turn their cell phones off. 

But on the other hand, if she wasn’t a good sport, and called the police, they would be able to move to Plan B: blame Rudy, and deny that they were even there.  Turning their cell phones off fits with this outcome.

What this all suggests is that Rudy Guede really might have been set up. 

He clearly would have left evidence of a sexual attack; but the two others, not so much.  In fact, they may have planned to set Rudy up before they even asked him to participate.  Their plan right from the start might have been to bring in a third person to take the fall if things didn’t go well.

So Sollecito and Knox might have planned a plausible sequence of events as an alibi in which Guede would be the only perp and they could be at Sollecito’s smoking hash and watching Internet movies. 

So they needed someone who the police could easily accuse of the crime, and Rudy Guede filled the bill.

Why did they turn their cell phones off if they were only going to play a game?  I think they had already planned to get a bit more serious, and to implicate Guede as the perp.

Saturday, April 25, 2009

Explaining The Italian Theory Of The Attack That Is Being Lost In Translation

Posted by Arnold_Layne

At the trial, Gioia Brocci from the forensic department in Rome just told the court that Knox had reacted visibly when taken into the house’s kitchen after the murder.

She said: “˜‘A drawer with cutlery in it was opened, and I remember that Knox started to tremble, she closed her eyes and put her hands over her ears…. She reacted in such a way that she had to be escorted out of the room and taken into the corridor by the officers from the Perugia Flying Squad who were with her.’‘

Here is one explanation that extends from that testimony. It is in sharp contrast to “A Drug-Fuelled Extreme-Sex Game Gone Awry” which definitely is not what Italians are hearing. 

This scenario leads to the inference that it starts as something of a pre-intended taunting and hazing led by an angry Knox intent on payback. It does not start as a preconceived murder because there seems no preparation for a premeditated murder.

When Knox and Sollecito arrive at the cottage, they bring a jackknife and a kitchen knife.  The kitchen knife may be wrapped in paper and carried in Knox’s handbag.  When they arrive, Sollecito perhaps puts the large knife someplace inconspicuous but handy. 

That place could of course be the knife drawer in the kitchen that Knox later reacted to.

They have collected Guede in the park, Knox lets him in, and the Treacherous Trio is complete. They gather with Meredith in the place where most people welcoming their guests congregate, the kitchen.  They may even munch on some mushrooms.

At some point, whatever has been worked out with Guede ahead of time is initiated.  What some might regard as BDSM, others, like me, consider more along the lines of aggregated sexual assault and battery with a deadly weapon. 

Knox retrieves the kitchen knife from the drawer.  She uses it as an extremely threatening weapon, to intimidate Meredith.  Sollecito and Guede physically restrain her while Guede sexually assaults her.  Possibly Knox directs Sollecito to physically assault her with the small knife to make her be more compliant.

Meredith is anything but compliant, fights back, and pleads with them. 

This leads to the jackknife wounds to her neck and eventually to her being strangled.  Meredith Kercher does not go gently into that good night.  She fights her way back up to her feet, and she screams. 

This perhaps is when Knox delivers the fatal blow to her neck with the kitchen knife, to stop her screaming and getting away to seek help.

They then drag her to her room and lock the door.  At this point, Guede grabs some toilet paper to clean the blood off himself, and they flee.  Rudy goes dancing, and the Deadly Duo go to the park till the way is clear for a clean-up.

Knox and Sollecito return after the broken-down car is removed, arrange the bedroom leaving the bra clasp, stage the break-in, and clean the rooms where they had been.  They have not been in the bedroom very much so this is left pretty much alone. 

They cleanse the kitchen of all DNA and fingerprints and perhaps bring more bleach when the Conad store opens in the morning.

Until Amanda Knox pulls the kitchen knife from the drawer, each of them, Guede, Sollecito, and Knox are acting as individuals with their consciences and moral upbringing intact.

When the knife comes out, they become something else, and the group becomes responsible for what happens, not each themselves.

Is it possible that the reason they are being so tight-lipped is that if any one of them identifies the other’s actions, then that person would have to accept responsibility for what he or she also actually did do? 

Does it stay a group action only if the group remains intact?