Category: Staged breakin

Friday, May 11, 2018

Overview Of All Our Powerpoints For Those Many On Media Threads Praising Them

Posted by The TJMK Main Posters



Perugia from the Rome direction; railway station at center-left

1. Post Overview

These brilliant Powerpoints have been getting effusive praise online and in emails by many who began with them.

Others have posted asking how to find them.  We are very grateful for their interest. Here they all are, the complete set. One is by James Raper, one by Fly By Night, two by Nikki, and the others by that indefatigable frog Kermit.

They are often very funny, mostly bothersome to the humorless Knox attack-sheep, and always technically excellent. But their main draw appears to be that they are so explanatory, so highly compelling.

Watch a few and the sense that the Italians got things right can get to be unshakable.  While videos can be telling, Powerpoints look to be even more telling. Other victim sites might well benefit from this model.

2. All Our Powerpoints

1. Click for Post:  A Witness Trashed By Paul Ciolino For CBS In Fact Looks Very Credible (Kermit)

2. Click for Post:  A Comprehensive Guide To The Relevant Locations (Kermit)

3. Click for Post:  A Minute By Minute Visual Guide To The Events On The Night (Kermit)

4. Click for Post:  A Very Odd House, In A Very Odd Location (Kermit)

5. Click for Post:  A Graphical Tour Of The Crime Scene Itself (Kermit)

6. Click for Post:  Trace Evidence Seems To Confirm More Than One Perpetrator At Scene (Kermit)

7. Click for Post:  DNA Evidence - A Very Clear Intro To A Vital Subject Here (Nikki)

8. Click for Post:  Forced Entry Via Filomena’s Window Fails The Giggle Test (Kermit)

9. Click for Post:  Defense Claim AK & RS Couldn’t Have Disposed Of Meredith’s Phones Is Wrong (Kermit)

10. Click for Post:  The DNA Evidence May Be A Tough Mole To Whack (Nikki)

11. Click for Post:  Countering The Spin By The Defenses On The Recent Cottage Break-in (Kermit)

12. Click for Post:  Telling Evidence Against Sollecito The Experts Seem To Have Got Absolutely Right (Kermit)

13. Click for Post:  150 Questions For The Defendants They Have Incessantly Avoided (Kermit)

14. Click for Post:  The Telling Case Of The Doctored Footprint (Kermit)

15. Click for Post:  Justice For Meredith - The Thoughts Inspired By Two Mountains (Fly By Night)

16. Click for Post:  We Now Examine The Compelling Evidence For The REAL Railroading From Hell (Kermit)

17. Click for Post:  Total Evidence Suggests Knox And Sollecito Guilty As Charged (James Raper with Kermit)

18. Click for Post:  Katie Couric Interviews Raffaele Sollecito! We Already Have A Sneak Preview!! (Kermit)

19. Click for Post:  Placing The Noisy Claimant Doug Preston In The Hot Seat (Kermit)

20. Click for Post:  On Contradictions, Here Preston Contradicts Preston (Kermit)

21. Click for Post:  Diane Sawyer’s Very Tough Interview With Amanda Knox: ABC’s Sneak Preview! (Kermit)


Tuesday, March 20, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #2

Posted by KrissyG



Long post. Click here to go straight to Comments

1. Post Overview

Previously main poster Hopeful showed up the intensely superficial grasp of the case by an Innocence Project founder who is a lusty huge booster of Knox.

We see no sign that anyone in the Innocence Project (IP) has ever done due diligence, or has any better grasp of the case than Jason Flom. We certainly don’t see any on video or in print. We see only appallingly misleading and illegal work…. and nothing else. As Hopeful said in that post:

Anyone who thinks Idaho IP representative Greg Hampikian’s seemingly illegal involvement in the court-ordered DNA re-testing was somehow competent and truth-based should read KrissyG and James Raper for two blasts of reality.

This may come as a surprise. In ten years nobody whatsoever has ever landed the slightest blow on the huge (though not pivotal) DNA component of the case.

The defenses and many others have seriously misrepresented it, yes, but that is something else.

2. Chief IP Misleader Hampikian

Nearly a year before Knox ever turned up at her first Innocence Project meeting in Oregon, we had highlighted IP Idaho rep Greg Hampikian’s very misleading work here.

Our main poster the Machine had acidly remarked about Greg Hampikian in that post:

    1. He is ignorant of most of the basic facts of the case.

    2. He hasn’t read the official court documents in their entirety, but has instead relied on Amanda Knox’s family and supporters for his information without bothering to do any fact-checking.

    3. He incessantly downplays or misrepresents the hard evidence against Amanda Knox and Raffaele Sollecito and overstates that against Rudy Guede.

    4. He doesn’t limit himself to his own narrow area of expertise, but speaks about other aspect of the case and gets basic facts wrong.

    5. Like so many in the seedy defense operation he ridicules his counterparts in Italy, most of whom are much better qualified in criminal-case DNA than he is.

Do please read all of the Machine’s very damning post. Note that Hampikian has never ever tried to answer back, though he is still as much of a self-infatuated rooster as before. I would add to the Machine’s profile of Hampikian these further revealing points:

    1. In an aura of personality cult he incessantly proclaims that he is the founder and director of the Idaho Innocence Project.

    2. He took quite a shine to Amanda Knox and went white-water rafting with her.  He broke with his wife, shortly after.

    3. This absurd claim appears on his Wikipedia page - those are often written by the “celebrities” themselves:

    During the high-profile case of Amanda Knox, on May 23, 2011, Greg Hampikian announced that, based on its independent investigation and review, DNA samples taken at the crime scene all pointed to African drifter Rudy Guede and excluded Knox and Sollecito. Upon reexamination of the DNA, he concluded that the evidence is unreliable and contaminated. Hampikian’s findings are one of the main reasons that Knox and Sollecito were set free.

    Really?! The mafias had no role? Hard to believe from this that Hampikian was never an official witness put under cross-examination at the trial or appeals. He had zero official role, and the very extensive DNA evidence really proved nothing of the sort. More DNA samples of Knox than of Guede were at the scene. No contamination was ever proven.  In fact, it was categorically ruled out by the courts.

    4. He has appeared in numerous Youtube clips in especially prepared tv shows, in which he presents himself as “the objective scientist” not letting on that he is essentially only a PR shill.

    5. Hampikian was claiming a government grant for his department at Boise State University.  Journalist Andrea Vogt suspected he was using the funds to promote Amanda Knox’s marketing.  Vogt applied for information under the Freedom of Information Act.  Hampikian evaded the demand by claiming his work was a top trade secret. Academic scientists are supposed to be transparent and make their work replicable and peer-reviewed by other scientists.  So Vogt’s instincts seem correct, given the unlikely reason.

    6. He praises himself on his wiki page as “Prof. Hampikian is also an accomplished amateur folk singer and songwriter.” Indeed, he appears on a Youtube video, sounding like a hundred cats in pain singing about his d-i-v-o-r-c-e., after his rafting expedition with Knox.  She appears grinning by his side in pictures.

    7. He has given evidence under oath in court several times (though never in Italy) claiming he was THE expert who got Amanda Knox “exonerated”.  Knox has never been exonerated, certainly not on the DNA evidence, and the mafias clearly had a role in springing the pair. So, Hampikian is not someone who takes solemn oaths seriously, although his illegal interference was real. 

    8. The defence lawyers for Paul Jenkins and Fred Lawrence are currently in court to try to pin the DNA evidence on another convict, David Wayne Nelson, with Hampikian as the “˜expert DNA witness’ claiming,

“˜“I do a lot of cases,” said Hampikian. “This is the second time I can remember one of my cases where it cleared two men and someone else is a hit to the database.”

He doesn’t say to whom he is referring in this absurd claim, but no doubt it is Knox and Sollecito with Guede as the “˜hit’.  Hampikian, thus, is a stranger to the truth, as Knox and Sollecito’s DNA at the crime scene is legally sound.

Comment by Ergon

Examples of typical dishonesty from Greg Hampikian in this article

1. “We asked the Italian lab to supply validation of such a sensitive measurement, but they never complied”.

Yes they did, though maybe not to the professor from Idaho.

2. “a new study on the knife was then ordered in Italy. This failed to repeat the DNA finding”.

They didn’t retest the “˜DNA finding’.

3. “This finding was never repeated, despite many attempts”.

There was only one attempt, which the defense accepted as all that could be done.

4. “As DNA consultant for the defence in the Amanda Knox case”.

You weren’t hired “˜by the defense’ but inserted yourself in your personal capacity using public funds.

5. “but when fingerprints and DNA from the scene were analysed, only two profiles were identified: those of the victim and Rudy Guede”

Also Raffaele Sollecito’s, and Amanda Knox’s blood DNA mixed with Meredith Kercher’s.

6. “Calls followed for global standards on use of low copy number DNA”.

Raffaele Sollecito’s DNA profile on the bra clasp wasn’t LCN DNA, nor was contamination proven against any of Stefanoni’s findings.

7. “a kitchen knife at Sollecito’s house. It didn’t match many wounds on the body and tested negative for blood.”

Because there were two knives, and it tested negative for blood because it was rigorously washed in bleach.


3. Who Manages Or Crosschecks Hampikian?

Hampikian seems to have a pass to claim whatever he wants in the name of the Innocence Project. No quality control, no peer review, no reporting, no accountability at all. Just a near-endless stream of lies.

If Hampikian was to be checked out and made to stop lying and acting as a PR shill, and to stick only to the truth, whose job in the IP would be that? Presumably the man at the top. Barry Scheck.

Has Barry Scheck been asleep at the switch? If so, not for the first time. .



4. Ten Quick Facts About Barry Scheck

1. Born 1949, at Yale Scheck was a “˜fervent anti-war demonstrator’.  In Los Angeles he was a key member of OJ Simpson’s “˜dream team’, which got OJ off a murder rap in 1995.

2. Barry Scheck, as a law professor at the Benjamin N. Cardozo School of Law in New York City, is a forensic and DNA evidence expert. He joined the “Dream Team” to help them “˜harness the power of forensic and DNA evidence’ to assist in Simpson’s defence.

3. Scheck is also known for his work as co-founder and co-director of the Innocence Project, a non-profit organization that uses DNA evidence to “˜clear the names of wrongfully convicted inmates’.

4. Scheck co-founded the Innocence Project in 1992 with Peter Neufeld, also his co-counsel on the O.J. Simpson defence team.

5. The Project claims it is “˜dedicated to the utilization of DNA evidence as a means to exculpate individuals of crimes for which they were wrongfully convicted’.

6. To date, it claims 343 wrongful convictions have been overturned by DNA testing “˜thanks to the Project and other legal organizations’.

7. The Innocence Project claims “˜it does not use legal technicalities to challenge convictions; the Project accepts only cases in which newly discovered scientific evidence can potentially prove that a convicted person is factually innocent’.

8. Scheck unsuccessfully defended British baby sitter Louise Woodward against a charge of killing a baby in her care, shortly after the OJ acquittal, leading some to perceive a “˜backlash’ against his defence methods.

9. Scheck and Neufield were heavily criticised in 1999 in a case where eight cops were charged with abusing Abner Louima or shooting dead Amadou Diallo-to benefit their own civil cases on behalf of those victims, putting the police at risk of an unfair trial.

10. Scheck and Neufield called a press conference before the criminal trial, revealing potentially incriminating evidence against the four policemen from an autopsy report, which revealed Diallo was shot in his foot and legs whilst already down. Their ethics were questioned.  Outside the press conference, 1,000 Scheck supporters chanted, “˜“No justice, no peace, no more racist police.”

5. So The Bottom Line On Scheck Is?

Thus, we have a picture of someone who sees himself as a warrior for social justice, and anti-establishment.  Scheck uses his privileged position as a lawyer and DNA expert to help the disadvantaged and oppressed.

However, after the OJ Simpson trial, which saw Scheck shoot to fame, and not necessarily in a good way, but as a silver-tongued crafty defence lawyer who could persuade a jury that night is day by any means at his disposal, regardless of ethics, there emerges a hint of a ruthless man driven by an urge to get the better of his perceived opponents.

So far so good, this is 100% of what we the public have cynically come to expect of a winning-at-all-costs lawyer.  We want them to write our “˜strong letters’ for us, or to win our compensation; perhaps get us off a rap.

We want them to “˜be on our side’, and when you are poor, dispossessed and otherwise “˜invisible’ to the establishment, finding such a high-profile lawyer to champion your case, then fawning gratitude transforms into hero-worship and cult following.

Such is the effect of Scheck’s Innocence Project, thousands of prisoners in the USA claiming to be “˜wrongfully convicted’, whether they are or not, flock to sample the “˜exoneration’ he holds out as the prize for joining up.

Add to the pot US attorneys who as part of their standards are expected to devote a substantial part of their time towards “˜pro bono’ work (free representation), then the ready pool of the poor and deprived that make up the Innocence Projects are ready made clients for them.

6. IP Does Indeed Do Some Good Work

We have shown again and again that American law enforcement, justice and incarceration systems, not their Italian equivalents, are the systems where injustices are off the charts.

Read for example the series of three posts starting here.  An estimated 200,000-plus sitting in prison because prosecutors scared them into a plea-bargain.

Barry Scheck’s target group and release rate is absolutely miniscule compared to this 200,000, but it is not a net negative on the whole. Every little bit of pushback can help. Scheck’s interviews and speeches are often good.


 

7. But Things Do Go Badly Wrong.

The Medill Innocence Project Case

There seems plenty of evidence that the Innocence Project is only loosely managed from the top. Other grandstanders and corner cutters and law-breakers like Hampikian are far from unknown.

And to IP host institutions like lawschools “mistakes” like this one below can bring major harm.

In the Medill Innocence project, a professor at Northwestern University’s Medill School of Journalism, David Protess, was picked to head this.

His work had overturned convictions in a number of high-profile cases that won freedom for the “˜wrongfully imprisoned’ and earned him fame and prestige that included a TV-movie deal and a new post. From the start, Protess got his law students to were acting as amateur gumshoes, Protess dispatched them to interview witnesses and dig up new evidence.

Protess was looking for wrongful convictions.  He thought he had found one in Anthony Porter, who had narrowly escaped execution for a 1982 murder and had since served fifteen years, after winning a last minute reprieve.

Protess was keen to highlight that the State had been prepared to execute an innocent man, and he and his private eye students pinpointed an “˜alternative perpetrator’ in Alstory Simon.

“This investigation by David Protess and his team involved a series of alarming tactics,” the Cook County State’s Attorney, Anita Alvarez, said in her statement after Simon’s eventual release.  The Medill Innocence Project’s tactics, “were not only coercive and absolutely unacceptable by law-enforcement standards, “they were potentially in violation of Mr. Simon’s constitutionally protected rights.”

From the Daily Beast in 2014:

Perhaps the worst of those alarming tactics were used by Paul Ciolino, a private investigator working with Protess who got Simon to confess to the murder. According to Alvarez’s findings, Ciolino threatened Simon, promised him a short sentence and financial rewards for cooperating, and used an actor to play a witness who accused Simon of the shooting.

Finally, Ciolino volunteered a lawyer, Jack Rimland, to represent Simon in court. Rimland, a personal acquaintance of Ciolino, may have had a conflict of interest defending a man that his associate was trying to prove guilty, but that didn’t stop him from taking the case.

At the time, it did the trick. Alstory Simon confessed to the murder on video and within days, after more than a decade on death row, Porter walked free.

The State prosecutors then had to spend time and money retrying Porter and reaffirming the seemingly overwhelming evidence of his guilt (six eye witnesses named him).  However, the case against Porter was dropped a month later.  Following on from this case, Illinois banned the death penalty, in 2011.

More from the report in the Daily Beast.

After initially defending the program, Medill launched an investigation of its own. In the end, it was found that students working under Protess had used false pretenses in trying to elicit witness statements.

More damningly, the professor’s claim that the records from his class’s work were protected by journalistic privilege was undermined by the discovery that he’d altered an email instructing that the project’s findings should be turned over directly to defense counsels without any copies retained.

When it was all over, Protess had negotiated his retirement and left the school. His reputation bruised but with legacy of his central victory””winning Anthony Porter’s freedom””still intact.

After Simon’s release last month and the accusation that Protess helped put an innocent man in prison for 15 years, possibly freeing a killer in the bargain, his legacy may be the least of his concerns.


The IP Role

This is a perfect illustration of what can happen when badly supervised lawyers try to solve a case outside of a courtroom.  Delusion, fanaticism and a disregard for due process can blind an Innocence Project lawyer or law student to the truth of culpability.  In other words, they find themselves fighting the establishment, whatever that is, rather than true injustice.

The State prosecutor, Alvarez, said at the time:

“The bottom line is, the investigation conducted by Protess and private investigator Ciolino as well as the subsequent legal representation of Mr. Simon were so flawed that it’s clear the constitutional rights of Mr. Simon were not scrupulously protected as our law requires.”

In 2016, Alstory Simon filed a $40m lawsuit From the Chicago Tribune.

A federal judge on Tuesday gave the green light to a $40 million lawsuit alleging Northwestern University and former star professor David Protess conspired to frame a man for an infamous double murder that became one of the most significant wrongful conviction cases in Illinois history.

The lawsuit brought by Alstory Simon alleges Protess and private investigator Paul Ciolino manufactured bogus evidence, coaxed false statements from witnesses, intimidated Simon into confessing and set him up with a lawyer, Jack Rimland, who coached him to plead guilty.

In denying a motion to dismiss the lawsuit, U.S. District Judge Robert Dow said that it was plausible the money and publicity Protess had brought to Northwestern had allowed a culture of lawlessness and unethical conduct at the university.

The Bombshell Twist

In June 2017 Chicago Tribune reported a “˜bombshell’ twist.  It was revealed that in 2014 at the time of Simon’s release a 28-page internal report wherein the deputies of the then State Attorney Alvarez had concluded, “˜there is not sufficient evidence to seek to vacate Simon’s convictions’. 

Many High-profile Innocence “˜Exonerees’ Earn $‘000’s

Simon is like so many prisoners released early, whether or not there is an “˜Alford’ deal ““ where release is on condition the prisoner accepts the State does not accept liability that the conviction was wrongful and no “˜certificate of innocence’ is provided.

This type of deal is true, for example, for “˜Sunny’ Jacobs, released from death row and finally prison for her role in the murder of two policemen in Florida, and the notorious WM3 which includes Damien Echols, who has since made millions from books and tours on the back of “˜innocence’.

Amanda Knox, Damien Echols and the other two WM3 are listed by All American Entertainment as exonerated “˜speakers’ charging up to $10,000 a time.  Yet none have had a “˜certificate of innocence’.  Thus, by Ciolino’s own words, they cannot be classed as ‘exonerated’.

Cook County “˜Wanted to Prosecute David Protess and Paul Ciolino’

The reason Cook County gives for refusing to vacate Simon’s conviction is because he failed to come clean on the deception a taking a rap for another man’s crimes in exchange for a shorter sentence.  The reports states:

Simon was not a child or inexperienced at any relevant time. As of 1982 he had accumulated an extensive criminal history. He had been arrested for robberies or armed robberies five times between 1966 and 1977. He had three felony or armed robbery convictions. ... He was 47 when he (pleaded) guilty. This certainly complicates his claims regarding coercion and being misled.

The report criticises the “˜less than ideal circumstances’ in which Ciolino tricked Simon into confessing the first time, after which Simon continued the masquarade by spontaneously admitting to firing the fatal shots for some time after his conviction.  For example, in a letter to his lawyers.

However, in spite of these reservations, Alvarez had called a news conference and announced there was “˜no other conclusion’ than that Simon should be freed.  Pointedly, she indicated that if it were not for the statute of limitations (time limit for bringing a charge) she would have prosecuted Protess and Ciolino.

Subsequently she declined to send representatives to contest Simon’s effort to win a “certificate of innocence,” a document that allows wrongfully incarcerated, factually innocent persons to collect cash damages from the state.  It was because whilst Simon probably did not commit the murders, he was part of the innocence fraud which put him in prison and which freed Porter.

Paul Ciolino Hits Back

The latest news, as of January 2018, leading on from the supposed “˜leaked’ document of 2014 which showed Simon’s convictions were merely “˜vacated’ is that Paul Cionlino is suing Simon, Alavarez, and a couple of the “˜Park’ filmmakers, a Chicago Tribune journalist and policemen for damages for “˜defamation’.

The 66-page petition mirrors the counterclaim Ciolino filed before and which was dismissed last year.  He claims his reputation and career were destroyed by the allegations in the Simon case.  Ciolino claims Simon was “˜paid thousands of dollars’ and witnesses interfered with by these anti-Innocent Project forces. 

The Murder in the Park documentary, asserts there are many other cases where “˜the wrong man is imprisoned and the right one was freed, which Ciolino claims is defamatory.  He highlights the letter to Simon’s lawyers in which he states he killed Hillard in self-defence and Green by accident.  Ciolino’s new lawsuit is described as “˜frivolous and without merit’ (Prieb) and “˜so false as to be sanctionable’ (Ekl)

Simon had alleged Ciolino impersonated a police officer and used actors as fake eye witnesses.  He claims Ciolino said if he confessed, he’d get a shortened sentence by claiming “˜self defence’ and avoid the death penalty.  He was also “˜promised large sums of money from book and movie deals’ if he played along, the suit alleges.

Paul Ciolino Acknowledges a Vacated Conviction Does Not Mean “˜Exoneration’

If this illustrates anything, it’s that Innocence Projects running parallel to the US legal system can cause all sorts of chaos and confusion.  In effect, Alvarez the State Prosecutor having freed Simon, is now refusing to vacate his conviction.  The Innocence Project does not see a vacated conviction as an “˜exoneration’ as evidenced by Ciolino suing for defamation on the grounds that “˜Simon is guilty after all’.

If a vacated conviction does not mean exoneration to people like Ciolino, then people like Ryan Ferguson, the West Memphis Three and Amanda Knox, whom the Innocence Projects spearhead as their “˜Star Exonerees’ are gods with clay feet standing on a false pedestal.

It calls into question the integrity of Innocence Project lawyers, such as Kathleen Zellner, who is said to earn more than $12m per annum as a conservative figure.  The last published Annual Report of the Innocence Project shows a turnover of $26m, with a surplus gain of >$3m in the “˜not-for-profit’ org in 2016.  Zellner is famous for obtaining “˜death bed’ confessions from prisoners on Death Row taking the rap for the alleged crimes of her clients, thus securing their release.

8. My Conclusion About This Above

Given these pressures and these possibilities for mismanagement, what of the IP’s illegal intervention into the case in Italy? What of the false touting of an “innocent” Knox? What of the trashing of Italian justice, in witting or unwitting harmony with the mafias?

Another IP trainwreck waiting to happen. And happen it did.

9. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Monday, March 12, 2018

Innocence Project: Seven Years Clutching Knox And Trashing Italian Justice To Joy Of Mafias #1

Posted by Hopeful



Jason Flom, Amanda Knox

1. Series Overview

Barry Scheck’s Innocence Project quite openly admits to bending the 2011 appeal via collaboration with the “independent” DNA consultants.

Anyone who thinks Idaho IP representative Greg Hampikian’s seemingly illegal involvement in the court-ordered DNA re-testing was somehow competent and truth-based should read KrissyG and James Raper for two blasts of reality.

Beginning early in 2014 (soon after the Florence Appeal Court reaffirmed Knox’s guilty verdict and a whole year prior to the Supreme Court outcome) the Innocence Project clutched Knox firmly and propelled her onto the elite speakers’ circuit. It has repeatedly used her since as a keynoter and potent draw for attendees and presumably for funding too. 

Knox’s speaking career would have gone absolutely nowhere if Barry Scheck & Co had not promoted her with such manic enthusiasm. They still remain unencumbered by comprehensive due diligence or a fact-based narrative. Much simply seems unknown. Trashing Italy is apparently just fine.

Late next month at an Innocence Project “gala” in Kansas City Knox will yet again be an IP keynote speaker.

2. The Jason Flom Podcast

Jason Flom is a founding board member of the Innocence Project. As the sharp eyes of our main poster Guermantes picked up, Flom interviewed Knox in January 2017 for a podcast: The Wrongful Conviction of Amanda Knox.

Flom seems to have done little or no homework. Most of these posts predate this interview. So an open-minded interviewer not toeing the self-serving IP party line could have avoided the naivety and manipulation we can see here.

Knox tells Flom the Perugian investigators (actually the highly respected national elite) were like children pretending to process a crime scene but making major mistakes. Her tone of voice suggested mockery and ridicule of them playing at being forensic scientists.

Flom laps up this nonsense unquestioningly. However Knox’s lies to Flom were mainly of omission, so much that she didn’t want to speak of and that Flom could not even comprehend.

When he asked her why she was targeted when several other people were at the cottage the morning the police arrived (Filomena, her boyfriend, Raffaele) Knox explained that her behavior didn’t impress police as that of an innocent person because she was kissing Raffaele and being comforted in the yard of the cottage.

There is no special sign that she was targeted. And she omits a mountain of other behavior. She refuses to tell Mr. Flom of her highjinks in the Questura, her tongue sticking out, her cartwheels, or her thong-buying visit to Bubbles, nor of her skipping the memorial service for Meredith in the days after the death. None of that escapes her lips.

She does pretend some indignation about Rudy Guede the “real killer”. Mostly she talks of every single sad emotion she endured in the 8 months of incarceration before she was charged with murder.

She mentions Meredith throughout the interview very little. She seems to be mostly swept up in memories of how she was robbed of hope behind bars, and she revels (this was 2017) in how a few persons who first thought her guilty have been convinced by more recent media that she is innocent and have apologized to her. She ascends skyward on such thoughts.

Her main concern seems to be with her public image and her power to con the world.  It becomes evident when she narrates to Flom her morning at the cottage in the hours before Meredith’s body was discovered, when she first entered the cottage saying the door was wide open and she was there alone to take a shower before proceeding to go to Gubbio for the weekend with loverboy, that she was in a deep mental quandary as to the meaning of the open door, the small bits of blood in the sink (she emphasized to Flom how small the specks were) and the dirty toilet in a nearby bathroom that she was so greatly alarmed enough to want to slow down her trip out of town and instead bring Raf back over to see about things at the cottage and give his opinion.

She was so worried, she pretends. So terribly worried, but not worried enough to walk a few feet down the hall and open a bedroom door to see if a roommate were present and hadn’t heard her “hello, is anybody there?” Ridiculous. She also mentions that her computer was safe in her own bedroom and hadn’t been stolen but not one word that her lamp was missing”¦ as if she wouldn’t have noticed that.

She talks much of her own humanity, that people who meet her will not judge her but will find her innocent, but if they haven’t met her in person they will assume guilt. She seems to feel that they need to be blinded by her “humanity” and give her a pass on having destroyed Meredith’s life. She says very little to Jason Flom about Raffaele, depicting him as a non-threatening puppy and their relationship before the murder as one of sweetness and a juvenile thing.

Mr. Flom suggests it was like a high school relationship between two college students, she half-way assents to his description. She said that the language barrier circumvented them from discussing deep issues, that it was mostly hand-holding and him wanting to give her perfume like Italian women wore and to show her some new store or market he had discovered.

Knox seems to hold her greatest anger and disdain (well-hidden of course unless you know this case backwards and forwards and have seen Knox’s wiles) toward Philomena. It was Philomena’s hysterics and shouts of “a foot, a foot” and the general screaming and shouting of spontaneous anguish and grief over knowing it was Meredith’s body in the bedroom, that seems to antagonize Knox the most. Imagine that, some people actually GRIEVED for Meredith and thought her worthy of a display of emotion and concern.

Knox tells Jason Flom that it was Philomena’s SIM card inside the cell phone that Meredith was using, that tied the phone to the cottage. It was Filomena’s SIM card that enabled the first police to rush to the cottage so fast, and who interrupted Knox in her little last minute cleaning scheme and that threw her out of her rhythm and almost tripped her up by arriving so quickly, perhaps that was why Knox despised Filomena so much. Also it was Filomena’s boyfriend who kicked open the door and thus sent Knox out of the cottage quickly and permanently. She seemed to show irritation with Flom when she spoke of being rousted from her house in Perugia.

She tells Flom that she believed the police when they said she was being sent to prison for her own protection, thinking she was a witness (untrue: grounds for arrest were fully explained by Dr Mignini). She said she should have realized when they put her in handcuffs that this was ludicrous, but she was naïve and idealistic.

She said she went to Japan and to Germany when she was 14 years old, and that her beloved Oma, her German grandmother, had wanted her to be an exchange student to Germany. She was taking German and Italian language classes before she went to Perugia, she said.

She seems to imply slightly that it was her father’s fault that she took the language courses rather her first love of creative writing. She said she felt she couldn’t have sold Dadddy on the usefulness of a creative writing degree, so she detoured and took the languages degree hoping to become a translator. She said that the University for Foreigners in Perugia was not demanding or rigorous at all and she was disappointed at that. (Hint hint, is she suggesting she had too much free time from studies and thus went wild due to “idle hands are the devil’s workshop”? She could easily have enrolled at the main university and gained course credits for her degree back in Seattle - as her parents believed she was doing.)

She bristles with rage at the thought of friends who suggested she change her name to deflect publicity. Never. Her ego is limitless and she wants to be herself, that is paramount.  She said her biggest fear was that she would forever have to cower in a corner. She speaks of her determination to do the opposite now that she has her freedom back and is safe to speak.

She seems sincerely grateful to people who spent their energy and time in trying to get her free from prison, and feared she might have been forgotten and left to languish behind bars. She seems sincerely moved that people who didn’t have to care about her, did so. No doubt this is the natural reaction of anyone sprung from prison cells, whether guilty or innocent.

Her main beef behind bars was that she could not sway the entire world with her words alone.  She talks a smooth line and certainly had Mr. Jason Flom in her sway. She also claimed that Meredith’s DNA had been thought to have been on the knife but that it was not (Carabinieri labs confirmed it was, so there’s another lie from Knox).

It irks me that people who question Knox won’t take time to read up on the case.

Why can’t they ask Knox about the 5 spots of her DNA mixed in Meredith’s blood throughout the cottage? Knox also laughs with Jason Flom about the impossibility of her cleaning up the crime scene, when it’s proven without question that a bloody footprint was erased that led to the footprint on the blue bathmat. Knox is lying about the cleanup.

And when Knox explained to Flom her discomfort at discovering the unflushed toilet, she tells him that Laura and Filomena were neat freaks (liked to keep a very clean house). She did not say the same for Meredith, but only mentioned Laura and Filomena being clean freaks. She did not tell Mr. Flom of her normal unflushed toilets that the long-suffering Meredith Kercher had to face daily.

Knox omits much of the truth, and twists the rest of the truth. Her best truth is whatever she can think up for the occasion. And the daffy Mr Flom swallows it.

3. Tip For IP Contributors

On Amanda Knox. Innocence Project Idaho rep Hampikian’s ONLY achievement was to be main cause of annulment of 2011 appeal, to anger of defense counsel. Thus he subjected Knox and RS to much tougher appeal, leading to desperate measures to bend Supreme Court. Thus Hampikian directly caused mafia involvement that Knox and RS must hide for life.


Thursday, April 27, 2017

Multiple Attackers and the Compatibility of the Double DNA Knife (Exhibit 36)

Posted by James Raper

Our YouTube whiz DelPergola’s video of November 2010

Ed note: This evidence area is enormously compelling - but also emotionally difficult. It is why initially we did not publish our translation of the Micheli Report. And why a quarter of the trial was behind closed doors with the media excluded. That well-meaning decision has bedeviled the case ever since, because only the jury and others in court then - including the white-faced and tongue-tied accused pair - were exposed to the full power of the prosecution testimony.

Material from some of my previous posts on TJMK (link at bottom here) was incorporated into my Justice on Trial book. From Chapter 15, this is the second of several posts setting out further material.

Before looking at the forensic evidence, which is the final theme I identified earlier, it will be helpful to take into account the wounds suffered by Meredith, and whether these suggest anything as to the dynamics of the murder, and whether any of them were compatible with the knife recovered from Sollecito’s kitchen, Exhibit 36, called the Double DNA knife because the DNA of Meredith was found on the blade and the DNA of Knox on the handle.

As mentioned earlier the autopsy was carried out by Dr Lalli.

It was observed that there were no significant injuries to the chest, abdomen or lower limbs.

The significant elements in the examination were described as follows :

A fine pattern of petechiae on the internal eyelid conjunctive.

The presence of tiny areas of contusion at the level of the nose, localised around the nostrils and at the limen nasi [threshold of the nose].

Inside the mucous membranes of the lips, there were injuries compatible with a traumatic action localised in the inner surface of the lower lip and the inner surface of the upper lip, reaching up to the gum ridge.

Also found on the lower side of the jaw were some bruising injuries, and in the posterior region of the cheek as well, in proximity to the ear.

Three bruising injuries were present on the level of the lower edge of the right jaw with a roughly round shape. In the region under the jaw an area with a deep abrasion was observed, localised in the lower region of the middle part at the left of the jaw.

Once the neck had been cleaned it was possible to observe wounds that Dr Lalli attributed to the action of the point of a cutting instrument.

The main wound was located in the left lateral region of the neck. A knife would be compatible provided it had one cutting edge only which was not serrated. The wound was 8 cms in length and 8 cms deep. The width could not be measured because the edges had separated due to the elasticity of the tissues both in relation to the region and to the position of the head, which could have modified the width. The wound had a small “tail” at the posterior end. The wound penetrated into the interior structure of the neck in a slightly oblique direction, upwards and also to the right.

Underneath this large wound, another wound was visible, rather small and superficial, with not particularly clear edges, “becoming increasingly superficial until they disappeared”, in a reddish area of abrasions. The knife had penetrated both Meredith’s larynx and the cartilage of the epiglottis, and had broken her hyoid bone. A consequence of that damage is that Meredith would be unable to vocalise, let alone scream.

There was also a wound in the right lateral region of the neck, also attributed to a pointed cutting instrument. This was 4 cms deep and 1.5 cms wide (or long). It had not caused significant structural damage.

The presence of two relatively slight areas of bruising, with scarce colouring and barely noticeable, were detected in the region of the elbows.

On Meredith’s hands were small wounds showing a very slight defensive response. A small, very slight patch of colour was noticed on the “anterior inner surface of the left thigh”. Another bruise was noticed on the anterior surface, in the middle third of the right leg.

The results of the toxicological analyses revealed the absence of psychotropic drugs and a blood alcohol level of 0.43 grams per litre.

Tests of histological preparations of fragments of the organs taken during the autopsy were also performed. They revealed the presence of “pools of blood” in the lungs.

The cause of death was attributed to asphixiation and loss of blood, the former being caused by the latter.

There was nothing in the pathology which confirmed that Meredith had been raped, though we should recall that Guede’s DNA was found on the vaginal swab, though not of a spermatic nature. For Massei this was confirmation that she had been subjected to a sexual assault.


—————————————


There was argument in court as to whether Exhibit 36 was compatible with the main wound. There was no dispute amongst the experts that it could not have been responsible for the wound on the right. The knife had an overall length of 31 cms and the length of the blade from the point to the handle was 17.5 cms. The width of the blade, 4cms from the point, exceeded the width of the right hand wound. The wound on the right was more akin to a pocket knife, or perhaps a flick-knife.

I shall look at the arguments advanced by the defence as to why the knife would not be compatible in a moment, but before that there is a simple logical point as to incompatibility based on measurements.

A knife would only be incompatible if the length of the wound was greater than the length of the blade of the knife, or if the width of the wound was less than the width of the blade. Exhibit 36 was therefore a priori compatible.

On this basis I would also have to concede that a pocket or flick-knife is not a priori incompatible with the main wound, unless (though we would not know) the length of it”˜s blade did not exceed 8 cms.

It should however be recalled that the width of the left side wound was also 8 cms. That is over 5 times the width of the wound on the other side of the neck. The width of the blade on Exhibit 36, 8 cms from it’s tip - and being approximately 3.5 cms wide- was over twice the width of the blade on the “pocket knife”. This fact, and the robustness of the larger weapon, particularly with regard to the observed butchering at the base of the left-sided cut, makes Exhibit 36 a far more likely candidate, in my submission, than a “pocket knife”, and that’s without taking into account Meredith’s DNA on the blade.

We can also enter into a numbers game as regards the experts (8 of them) who opined on compatibility. Massei tells us that Dr Liviero concluded “definite compatibility”, Dr Lalli and Professors Bacci and Norelli “compatibility” whilst “non- incompatibility” came from the 3 GIP experts nominated at a preliminary hearing. The latter were Professors Aprile, Cingolani and Ronchi.

As far as I am concerned “non-incompatability” is not hard to understand. It simply means compatible.

Professors Introna, Torre, and Dr Patumi, for the defence, opined that Exhibit 36 could be ruled out. Their argument was twofold. First, the length of the blade was incompatible with the depth of the wound had the knife truly been used with homicidal intent. Indeed, if it had been thrust in up to the hilt then the point would have exited on the other side of the neck. Secondly, they said that the smaller wound or the abrasions beneath the main wound, mentioned earlier, were in fact caused by the hilt of a knife striking the surface of the neck. Obviously if that were so then the main wound was not caused by Exhibit 36.

Their argument does not consider, because we do not know, what may have been the actual dynamics of the knife strike. We cannot know what was the cause of the underlying wound or the reddish area of abrasions. As to that wound it may have been the result of the knife edge being run across the surface of the skin and the abrasions may have had a different cause in the prior struggle for which there is ample evidence. Hence their argument seems very weak. 

We cannot leave the topic without considering that there may have been more than two knives involved. This possibility arises from the evidence of Professor Vinci, for the defence. He considered blood stains that were on the bed sheet in Meredith’s room. These stains very much resembled the outline of a knife, or knives, laid to rest on the bed sheet.

It was Professor Vinci’s contention that the bloody outlines (a dual outline from the same knife he said) was left by a knife with a blade 11.3 cms long, or a knife with a blade 9.6 cms long with a congruent blooded section of handle 1.7 cms long (9.6 + 1.7 = 11.3), and having a blade width of 1.3 to 1.4 cms.

Taking these measurements as read they may seem incompatible with a pocket knife (such as Sollecito had a proclivity to carry) and they certainly are as regards Exhibit 36. It follows, he argued, that one has to infer the presence of a third knife in any hypothesis and if a pocket knife and Exhibit 36 are already accounted for by Knox and Sollecito then a reasonable inference is that the third knife would have to be Guede’s. Professor Vinci’s blade is not incompatible a priori with either of the two wounds.

The problem, and without going into detail on the matter, is that Professor Vinci’s contention and measurements are somewhat speculative depending on what one thinks one sees in the stains. It is rather like reading tea leaves. One could just as well superimpose Exhibit 36 over the stains and conclude that it was responsible for them.

Massei only briefly commented about the bloody outlines on the bed sheet. He opined that the blood stains were certainly “suggestive” but insufficient to establish any clear outlines from which reliable measurements could be established. Clearly then he did not accord any reliability to Professor Vinci’s measurements.


—————————————————-


We can now turn to the issue of whether Meredith’s injuries tell us anything about whether her attacker was a “lone wolf” or not.

Massei believed that Meredith’s injuries lay at the heart of the matter. It seemed inconceivable to him that she would first be stabbed twice and that she would then be strangled. The amount of blood, being very slippery, would make maintaining pressure on her throat difficult. So Meredith was forcibly restrained and throttled first. The hypothesis of a single attacker requires that he continually modify his actions, first by exercising a strong restraining pressure on her, producing significant bruising, and then for some reason switching to life threatening actions with a knife, thereby changing the very nature of the attack from that of subjugation to that of intimidation with a deadly weapon, and finally to extreme violence, striking with the knife to one side of the neck and then to the other side of the neck.

Massei described the first knife blow, landing on the right side of her neck, as being halted by the jawbone, preventing it from going any deeper than the 4 cms penetration. The court considered that this was an action to force Meredith to submit to actions against her will. The same hypothesis could also, of course, in view of the injuries to the jaw, apply as to the lack of penetration with Exhibit 36 on the other side

What surprised Massei about Meredith’s wounds was that in spite of all the changes in approach during the attack she somehow remained in the same vulnerable position, leaving her neck exposed to attack.

Massei paid particular attention to the paucity and lack of what can be regarded as defensive wounds on her hands by comparison with the number, distribution and diversity of the impressive wounds to her face and neck. He found this disproportion to be significant, particularly with regard to what was known about Meredith’s physicality and personality.

Meredith was slim and strong, possessing a physicality that would have allowed her to move around with agility. She liked sports, and practiced boxing and karate. In fact she had a medium belt in karate. She would, had she been able to, have fought with all her strength. How then would a single attacker have been able to change hands with a knife to strike to both sides of her neck, let alone switch from one knife to another? He would have had to release his grip on the victim to do that, unless she had wriggled free and changed position, in which case he would have to subdue her all over again, but this time, if not before, she would be ready.

Since the attack was also sexual in nature, at least initially, how could a single attacker have removed the clothes she was wearing (a sweater, jeans, knickers and shoes) and inflicted the sexual violence revealed by the vaginal swab, without, again releasing his grip? It might be suggested, as the defence did, that Meredith was already undressed when the attack began, but for this to be the case one of three possible alternative hypotheses has to be accepted.

The first is that Guede was already in the flat, uninvited, and un-noticed by Meredith, which can only mean that the break -in was genuine but un-noticed by her. The second is that Guede was there by invitation and that their relationship had proceeded by agreement to the contemplation of sexual intercourse when Meredith suddenly changed her mind, unleashing a violent reaction from Guede. The third is that, having been invited in Meredith then thought that he had left, although he had not.

Having looked at the staging we can surely rule out the first hypothesis. As to the second, it does not fit with what is known about Meredith’s personality and the relationship she had been developing with Giacomo. As to the third it is difficult to imagine that in a small flat Meredith would not have checked before securing the front door and preparing for bed.

Massei found it was highly unlikely that one person could have caused all the resulting bruises and wounds by doing the above, including cutting off and bending the hooks on the bra clasp. The actions on the bra clasp alone would necessitate someone standing behind her and using a knife to cut the straps, requiring the attention of both hands from her attacker, during which time Meredith would have had the opportunity to apply some self-defence. It has to be conceded though that this could have happened when she was concussed, though there is no persuasive physical evidence of a concussive blow, or during or after she had been mortally wounded.

Massei concluded that there was little evidence of defensive manoeuvers on Meredith’s part, which to him meant that several attackers were present, each with a distribution of tasks and roles: either holding her and preventing her from making any significant defensive reaction, or actually performing the violent actions. He concluded that the rest of the body of evidence, both circumstantial and forensic, came in full support of such a scenario. He concluded that two separate knives had been used and that one was from Sollecito”˜s bedsit.

Although, at the trial, the defence had attempted to explain a scenario whereby a single attacker might have been responsible for the injuries, that there had been multiple attackers was not a scenario with which any court, other than the first appeal court presided over by Hellmann, demurred.

 


Thursday, September 22, 2016

Wiki Status: Harder & Harder To Claim No Evidence Or 2009 Jury Got Verdict Wrong

Posted by azoza



A rough physical equivalent of our document library

Overview

This is a progress update on the increasingly vast Meredith Wiki file library:

Remember that much of the trial was conducted behind closed doors. Italians got good reporting from the trial, often in real-time; but those of us in other countries far less-so - though the notion that any of the fairly limited English-language media mentions in 2009 influenced the Italian jury is a seriously absurd one.

So the one and only key to getting the case right is in the documents. Absent a knowledge of the documents (as in the Netflix case) conclusions become quite vacuous.

Remember that NO media outfit ever translated any of the large documents. The Italy-based foreign reporters certainly did some for their own use and for excerpting, but all the heavy lifting was done by the teams on our cluster of websites.

Remember that NO American or British lawyer ever who is fully on top of the extraordinary number of documents has attempted to argue that this was not a strong case or that points pointing to guilt were not overwhelming.

The file library is increasingly being made into something resembling a huge book with a internal strong logic for the help of the numerous intended researchers.

You can see that logic strongly at work here.

Four search approaches

Since my article last June, there have been big changes to the file library layout. We scrapped the nested box approach due to the amount and different kinds of documents.

http://themurderofmeredithkercher.com/File_library:_Main_Page

Now there are four approaches to find files: (1) the master list; (2) by file type; (3) by subject matter; (4) by chronology of when file was made.

The last branch will be done when uploads are complete.

(1) The master list contains links to all the files, roughly in chronological order. Given the thousands of files (over 3800 now), the master list serves only as a reference point. You get a sense of document flow- what appeared when- by scrolling through the list.

http://themurderofmeredithkercher.com/File_library:_Master_list

(2) The type pages subdivide files by main types (audio, documents, images, videos) and then further subcategories.

http://themurderofmeredithkercher.com/File_library:_Files_by_type

The images category will be better filled with more files in due time. The documents category has the most subcategories with descriptions under the headings. So for instance, all court motivation reports are here:

http://themurderofmeredithkercher.com/File_library:_Court_motivation_reports

All court testimony PDFs are here:

http://themurderofmeredithkercher.com/File_library:_Court_testimony

All deposition and interrogation PDFs here:

http://themurderofmeredithkercher.com/File_library:_Depositions_and_interrogations
and police and consultant reports here:

http://themurderofmeredithkercher.com/File_library:_Reports

The above are most significant, but there are many other subcategories.

(3) The by subject pages will have pages of all files, disregarding type and date, of a particular subject. So all files related to DNA on one page; all files related to the knife on one page; all pages related to Curatolo on one page. These pages will be more detailed than other pages.

(4) By chronology pages organize files by date:

http://themurderofmeredithkercher.com/File_library:_Files_by_chronology

These pages are only PDFs for now. Eventually the other file types will be linked too. At the bottom of each chronology page is a link to the next section, so it’s possible to click through chronology pages without returning to the chronology menu page each time.

Important files:

Crime scene:

Crime scene photos were distributed by police in 5 volumes and can be found here:

http://themurderofmeredithkercher.com/File_library:_Crime_scene_photos

There are more photos in the 5 volumes than in the web page photo gallery.

A subset of these photos are in a second police document from Dec 31, 2007 done in Word. We printed it to PDF:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/photos/2007-12-31-Photobook-Police-survey-cottage-crime-scene-censored.pdf

Photos from this document were captured, censored and stored in this zip file, which has crime scene photos not in the webpage gallery:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/photos/2007-12-31-Photobook-Police-survey-cottage-crime-scene-censored.zip

Crime scene video is here:

http://themurderofmeredithkercher.com/File_library:_Crime_scene_videos

We have taken great pains to keep November 2-3 crime scene video intact with sound, censoring as necessary to respect Meredith and her family. It is the most complete version available- 1 hr 20 minutes long.

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/crimescene/2007-11-02-03-cottage.mp4

There is also video of Scientific Police (Dr. Stefanoni) at Sollecito’s apartment on November 13th:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/crimescene/2007-11-13-apartment-Sollecito.mp4

Police video comes from discs prepared by police, complete with menus. It’s likely the video compilations on these discs don’t show all video taken. As an example, the above video at Sollecito’s apartment seems incomplete and is cut-off at the end.

The December 2007 video of the 2nd cottage visit is complete. Police purposely distributed this video without sound.

CCTV:

We have made films of CCTV capture:

http://themurderofmeredithkercher.com/File_library:_CCTV_videos

We did this because the program and files are proprietary. We will capture photo sequences of important segments and post later.

We could not find “˜video’ for camera 7 from 00:00 to 06:00 on November 2nd. There are other cameras at the garage as well, and we are looking to find any extra footage.

DNA:

We have DNA report complete and in color:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-12-Report-Scientific-Police-Stefanoni-DNA-result-all.pdf

so charts are now clear. Dr. Stefanoni’s DNA report references these photos here too:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-12-Report-Scientific-Police-Stefanoni-DNA-result-all-photographic-attachments-censored.pdf

Egrams in color are here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-04-Report-Scientific-Police-Stefanoni-DNA-result-all-egrams.pdf

Clearer Egram prints of key traces can be found on this page, and also negative controls:

http://themurderofmeredithkercher.com/File_library:_Reports

UACV report:

As mentioned by Olleosnep, this report has not been talked about, but very important crime scene analysis report:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-06-09-Report-Scientific-Police-UACV-Codispoti-crime-scene-analysis-censored-colored-and-charts.pdf

More UACV materials are here:

http://themurderofmeredithkercher.com/File_library:_Presentations

Rinaldi & Boemia:

Rinaldi & Boemia presentation showing errors in Vinci report is here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/presentations/2009-09-18-Slides-Scientific-Police-Rinaldi-Boemia-comments-on-Vinci-report.pdf

There is much Rinaldi & Boemia presentation material on that page. They also did two reports, one on footprints and a second on shoes. Those are here, with separate photo attachments:

http://themurderofmeredithkercher.com/File_library:_Reports

Conti & Vecchiotti critiques:

Dr. Stefanoni presentation showing errors in Conti Vecchiotti report is here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/presentations/2011-09-04-Slides-Scientific-Police-Stefanoni-comments-Conti-Vecchiotti-report.pdf

and her written report here:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-09-01-Report-Scientific-Police-Stefanoni-comments-on-Conti-Vecchiotti-report.pdf

Dr. Novelli report critiquing Conti Vecchiotti report is also good reading:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-09-03-Report-Consultant-Prosecutor-Novelli-comments-on-Conti-Vecchiotti-report.pdf

Dr. Torricelli has two reports. The second is an updated version of the first:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-07-29-Report-Consultant-Civil-Torricelli-comments-on-Conti-Vecchiotti-report.pdf

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2011-07-29-Report-Consultant-Civil-Torricelli-comments-on-Conti-Vecchiotti-report.pdf

Medical consultants:

This medical consultant hearing- asked by Judge Matteini in April 2008- is very important:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/testimony/2008-04-19-Testimony-CM-evidentiary-hearing-consultants-medical-all.pdf

Related reports (all censored for disturbing content):

Autopsy:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-02-12-Report-Coroner-Lalli-autopsy-final-censored.pdf

Matteini’s consultants:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-04-15-Report-Consultant-Court-Aprile-Cingolani-Ronchi-wounds-manner-of-death-censored.pdf

Mignini’s consultants (replacing Lalli):

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-04-24-Report-Consultant-Prosecutor-Bacci-Liviero-Marchionni-comments-on-Lalli.pdf

Dr. Mignini:

His case summary to the Riesame court on November 24, 2007 is important. It shows an early description of the case:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2007-11-24-Notice-Prosecutor-case-summary-for-Riesame-court-Knox-Sollecito.pdf

He made a case summary for Guede too in December 2007:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2007-12-10-Notice-Prosecutor-case-summary-for-Riesame-court-Guede.pdf

Formal charges issued in English from July 2008:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/notices-prosecutor/2008-07-11-Notice-Prosecutor-sending-case-to-trial-English.pdf

Final fingerprint report:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/docs/reports/2008-01-31-Report-Scientific-Police-fingerprints-cottage-final-censored.pdf

Court testimony:

There is much more court testimony now. Matteini, Micheli, Massei, Hellmann Nencini, but also Guede appeal court Borsini. All testimony is here:

http://themurderofmeredithkercher.com/File_library:_Court_testimony

Much of Micheli is audio only, which is here:

http://themurderofmeredithkercher.com/File_library:_Court_audios

Various:

This Kokomani interview with Canale 5:

http://themurderofmeredithkercher.com/File_library:_Interview_videos

shows Kokomani in a good way. Court transcripts with him seem confusing, but here he is easy to follow.

This video shows unpacking of kitchen knife on February 26, 2008 in front of all consultants:

http://themurderofmeredithkercher.com/docupl/spublic/filelibrary3/videos/misc/2008-02-26-Knife-review-by-consultants.mp4

The meeting was after knife was tested for DNA, but shows the original box used.


Wednesday, June 17, 2015

Major Additions To Meredith Kercher Case Wiki To Provide Complete Impartial Overview in English

Posted by azoza



Image is of the very beautiful Perugia at night

Origin and mission

The impartial Murder of Meredith Kercher Wiki began in 2013.

The seed was people discussing how to overcome the flawed Wikipedia article of the case. That article relied on sources like Candace Dempsey, Nina Burleigh and American media. In other words, biased or incomplete sources.

In May 2013, Edward McCall set up the website, with the help of volunteer editors from the Perugia Murder File community. Its mission statement was:

Were Amanda Knox, Raffaele Sollecito, and Rudy Guede responsible for the death of Meredith Kercher? This wiki style site was created by a group of volunteer editors to inform the public about the case, by providing translations of original documents and evidence presented at trial.

This continues to be the aim of the Wiki: to make available documents and translate them properly. Our interest is not selectively posting documents, like the Knox campaign has done. We want to make all the facts available, without bias or selecting. We believe all the facts support the notion that all three defendants are responsible for Meredith Kercher’s murder.

Purpose of this post

The purpose of the article here is to let people know of recent changes to the website.

The Wiki is revised when new documents and translations continue to be received. Existing webpages are tweaked when time allows. Webpages are sometimes changed so information can be better presented. Or the website structure is changed when a significant page is introduced.

For example, a new page listing a lot of evidence was added in November 2014. This page can be directly accessed from the main page. That evidence list page has links to other sections of the website, like “˜wikified’ testimony, for easier reference. More links will be added and more evidence noted as more documents become available.

Major redesigns

The website had two major redesigns earlier this year. The main page was redesigned to provide clearer “˜at a glance’ updates. We did this primarily to keep everyone up-to-date with the March 2015 Cassazione decision. The boxes on the main page also note updates to other parts of the website. Also, we added buttons so any webpage on the site can be shared on various social media.

The other major redesign has been the addition of the “˜file library’.

Completing the picture

For those long familiar with the case, source material had been seriously lacking. There have been large gaps. The Knox campaign has posted some documents, but their “˜collection’ has always been incomplete. As examples:

1) The crime scene photos start at “˜dsc016’. What about photos 1 through 15?
2) No photos of Sollecito’s place, Guede’s place, via Sperandio or elsewhere
3) They posted many Massei transcripts, but not all. They never posted the 2nd day of Knox’s testimony, or the days when the Kercher family and consultants testified.
4) Some Massei transcripts they posted had pages missing.
5) They have posted many defense consultant reports, but few prosecution consultant reports.
6) They only posted a few Hellmann transcripts, but not all.
7) They only posted one Micheli transcript, but not the others.
8) Hardly any depositions.
9) A lot of police reports are still missing.

In the past six months, we have been trying to correct this. We have set up a file library, which will be the repository of as many case-related files as can be gotten. Files will ultimately include documents, photos, videos and audio- whatever is part of the public record of this tragic case. The files are made available as links for downloading. Eventually many will also be “˜wikified’ so anyone can do a word search through the documents. And when time allows, key documents will be translated.

There are thousands of files related to this case - too many to put on one page. A single file page would take forever to scroll and would be terribly confusing. So the library is structured into subsections. The basic idea is “˜nested boxes’. Once you select a section, you “˜drill down’ through pages to get to document links. Then you click “˜back up’ to the higher levels so you can move to other sections.

Some pages have a mixture of links to documents and links to subpages. These will eventually be simplified for clarity.

Not all file library pages have been created. More pages will be required as more files come in. Once the document files (PDFs) portion is nearly complete, pages will be reviewed and the library layout will be tweaked. At that point, when we’re comfortable with all the pages and their names, links will be added to allow browsing across sections or in sequential order. This hasn’t been done yet to avoid redoing a lot of work later.

A directory tree is a strong possibility too.

The seven sections

The library has over 900 PDFs and photos scattered across 7 major sections.

The 1st section

This section Context and people is empty for now. It will have photos of Perugia, the cottage, nearby locales and pictures of the people involved in the case. We are sifting through photos and erasing duplicates. Once that’s done, this section will quickly fill out.

The 2nd section

This section 2007 Investigations has files related to police investigations in 2007, the arrest and crime scene photos and videos. As mentioned, not all crime scene photos and videos have been made public. We hope to gather as complete a collection as possible. Of course, anything showing Meredith Kercher’s body will be censored, in line with the wishes of the Kercher family, and to maintain dignity. In the past 1.5 months, we’ve gotten over 80 depositions of witnesses and other documents related to early investigations. Things like preliminary police reports and police correspondence. Here you can also find phone and prison taps.

The 3rd section

This section Arrest trials has filed related to the cautionary arrest trials. This includes the Matteini court, the Ricciarelli court and the 2008 Cassazione court, presided by judges Gemelli & Gironi. Files include court hearing transcripts, motivation reports and other files pertinent to these hearings. This is missing quite a bit still, but we hope to correct that.

The 4th section

This section 2008 Investigations has files related to police investigations in 2008. While the murder was discovered on Nov 2, 2007, and arrests were made that month, the actual police investigation continued until the following year, finishing in June 2008. Files here include additional phone and prison taps, police reports from Rome and Perugia, additional depositions and other related documents.

The 5th section

This section Statements and writings contains writings and depositions of the three defendants. GKS = “Guede Knox Sollecito”.

The 6th section

This section Trials and Appeals and Reports is the largest section. We may revise or split this section further. Currently it contains all documents related to the main trials. All three defendants took part in the first main trial, the 2008 Micheli court. Micheli indicted Guede and found enough evidence against Knox and Sollecito. After the Micheli court, Guede’s trial path separated from the other two because he chose a fast-track option. So there are 3 subsections: Micheli, Guede trials and Knox + Sollecito trials. The Knox + Sollecito trials page has further subpages for the Massei court, the Hellmann appeals court, the Nencini appeals court. In this section, one can find court transcripts and reports, correspondence or depositions introduced during court proceedings. So a lot of files.

The 7th section

This section is extra material.This will contain documents, photos and videos indirectly related to the case. Things like interviews, documents on forensics, lab manuals, crime scene analyses, documentaries, related trials like the police calumnia trials, etc.

A few quick notes:

1. There are many versions of the Massei motivations report on the Internet. Most are missing two pages. Another version comes in four parts. We edited ours so this is a complete version with the “˜famous’ missing pages.

2. Similarly with the Borsini-Belardi motivation report. Many versions out there, most of them improperly OCR’ed, with sections missing. Our version is a scan version, not the OCRed one.

3. As noted before, recent additions include a lot of depositions of witnesses taken in the first week of police investigation. You can find these in the “2007 police work” page.

4. Police summaries of the crime scene surveys, and fingerprint reports, are at the bottom of that same page.

5. There’s a PDF containing a “˜5 volume’ police photo report. This PDF has photos of Via Sperandio currently not in the crime scene photos. But certainly those photos are part of the same Nov. 2007 crime scene photo survey. Anyway, you can find it in the Crime Scene page at the bottom. It’s called Photo-photographic-file-censored. We edited out pictures of the body, to preserve dignity of the victim.

6. Towards the bottom of the “2008 investigations” page, we recently added two police charts, and the first “shoeprint report” by Rinaldi & Boemia, which has more data on shoeprints. Their second report concentrated on the footprints.

7. We have the Cassazione March 2015 dispositivo. We will be posting that along with other documents shortly.

In conclusion

The file library is an ongoing thing. We hope to make real progress here, so everyone can look at all the facts of the case, not just a few picks. A bright light is needed on as much material as is possible to offer, in honor of Meredith Kercher, the victim.

When we post a new file batch, we add an update note on the Wiki home page.

The Meredith Kercher Wiki is committed to being the essential record of all publicly available documents and testimonies about the case, to benefit the general public and the media. Please circulate this widely, and check in regularly. There are more changes to come.

ADDED 12 JULY

On 2007 Investigations: Police work page
2007-11-03-Log-cellphone-KercherM-English.pdf
2007-11-03-Log-cellphone-Sollecito.pdf
2007-11-07-Log-landphone-Sollecito.pdf
2007-11-27-Police-deposition-Capezzali.pdf

On 2007 Investigations: Arrests page
2007-11-07-Prosecutor-notice-Request-to-validate-Arrest-Knox-Lumumba-Sollecito.pdf

On Arrest trials page
2008-01-21-Testimony-Bernaschi-Sollecito.pdf
2008-05-15-Motivazioni-Matteini-reconfirming-cautionary-arrest-Knox.pdf

On Arrest trials: KSL: Matteini trial page
2007-11-08-Testimony-Matteini-Knox.pdf

On Arrest trials: KS: Ricciarelli trial page
2007-11-30-Motivazioni-Ricciarelli-Arresto-Appello-Knox-Sollecito.pdf (forever missing Ricciarelli report)

On 2008 Investigations page
2008-11-08-Deposition-Monacchia.pdf

On Trials: Micheli court page
2008-09-16-Testimony-Summary-and-Rulings-Micheli.pdf (first Micheli hearing)
2008-10-27-Report-Fioravanti-Vodaphone.pdf

On Trials: KS: Massei and Cristiani trial page
2009-11-20-Closing-arguments-Mignini.pdf (forever missing)
2009-11-21-Closing-arguments-Comodi-Knox.pdf (forever missing- Comodi describes 3D reconstruction)

On Trials: KS: Hellmann and Zanetti trial page
2010-12-11-Testimony-Lawyers-Knox-Parisi-Maori-Ghirga-Vedova.pdf (missing Hellmann hearings)
2010-12-18-Testimony-Costagliola-Comodi-Perna.pdf
2011-01-22-Testimony-Lawyers.pdf
2011-03-12-Testimony-Mandarino-Pucciarini-Ciasullo-Bevilacqua-IniG-IniR.pdf
2011-03-26-Testimony-Brughini-Curatolo-Lucarelli.pdf
2011-05-21-Testimony-Napoleoni-Conti-Vecchiotti-Knox.pdf
2010-12-11-Court-doc-Zanetti-case-review.pdf

On Trials: KS: Nencini and Cicerchia trial page
2014-01-20-Testimony-Maori-Crini-Pacelli-Fabiani-Perna-Maresca-Donati-Colotti.pdf (missing Nencini hearing)

On Trials: Knox and Sollecito trials page
2015-03-30-Sentenza-Cassazione-Dispositivo-Knox-Sollecito.pdf (sentence, not motivations report)


Friday, March 13, 2015

Questons For Knox: Adding A Dozen More To The Several Hundred Knox So Far Avoided

Posted by Chimera



Knox during a pause in questioning at trial; her answers destroyed many Italians’ trust

1. State Of Play On The Questions Front

Sollecito and his father Francesco actually take questions without 99% of them being agreed-on in advance. 

They evade a lot and lose a little but they also gain some points, unlike a seemingly terrified Knox and a seemingly terrified PR who now seem stuck in tongue-tied and consistently-losing modes.

In Italy last night on the much-watched crime show Porta a Porta Francesco Sollecito had to go along with the official reconstruction of the prolonged pack attack on Meredith which rules out any lone wolf though he again maintained that Raffaele was not there.

Not by any means does TJMK give Sollecito a pass. He WAS there at the attack, the evidence is very strong. And we do have many dozens of pending questions waiting for him to respond.

But the truly evasive one is Amanda Knox. Previously helped by the fawning arm of the American press.

2. Pending Questions We Have Already Asked

These are ordered chronologically with the first questions, by Kermit in mid trial in 2009,  at the bottom of the list.

Click here for: Questions For Knox: Ted Simon Gone? With Legal And Financial Woes Will The Other Paid Help Stay

Click here for: Questions For Knox: Why Does Book Smear Others On Drug Use, Mischaracterize Your Own?

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

Click here for: Questions For Knox: How Do You Explain That Numerous Psychologists Now Observe You Skeptically?

Click here for: Questions For Knox: Ten Hard Questions That Knox Should Be Asked Monday On ITV’s Daybreak

Click here for: Questions For Knox: Why So Many False Claims In Accounts Of Your Visit To The House?

Click here for: Questions For Knox: Why The Huge Lie About Your ZERO Academic Intentions In Europe?

Click here for: Questions For Knox: Do You Think “False Memories Kassin” Framing Italians Yet Again Will Help?

Click here for: Questions For Knox: Did You Undergo An Illegal Interrogation By Mignini Or Did You Try To Frame Him?

Click here for: Questions For Knox: Diane Sawyer, How To Push Back Against The False Claims And Emotion

Click here for: Questions For Sollecito And Knox and Enablers: Several Hundred On The Hard Evidence

Click here for: Questions For Knox: The Questions That Drew Griffin On CNN Tonight SHOULD Have Asked

Click here for: Questions For AK And RS From Barbie Nadeau As Knox Slander Trial Starts

Click here for: Questions For Knox: (Powerpoints #11) 150 Hard Questions That You Incessantly Avoid

3. My Own Dozen Questions More

I have mentioned before my belief that Meredith Kercher’s attack and possibly death was premeditated, at least on the part of Amanda Knox.  Raffaele Sollecito, and Rudy Guede, while accomplices, and also liable, did not plan this out.

Below is my own list of a dozen more hard questions Knox should be asked. This post focuses on questions that point towards forethought and premeditation.  And no, crying, having a fit, and refusing to answer just won’t do it.  An open challenge to not answer in a Hellmann-court-type wail.

1. Keeping the ‘‘See you later’’ Text to Patrick

You kept the message that you sent to Lumumba, which you wrote in Italian.  The literal translation from English implies that you actually intend to meet, rather than the English one that means a parting of ways.  As a language student, this common expression was likely one of the first things you learned, if you didn’t know already.

At your voluntary questioning, of November 5th/6th, you give that message to the police, and claim it as proof that you left Raffaele’s apartment to meet him.  The police didn’t force this knowledge from you, rather you volunteered it after Raffaele withdrew your alibi.  Patrick was falsely arrested, due entirely to your statements, and that message.

I considered, and rejected the idea that you might have kept the message in case Patrick might have wondered why you didn’t show.  If that were the case, you would have kept his message not to come in, and not your response.

Here is the 2009 trial video, the relevant part starts at about the 7:30 mark.  At the 10:30 mark, she talks about the message. At 12:15, she says she doesn’t know how to delete sent messages.

Question for Knox: Why did you keep Patrick’s message, if not to use later as a backup plan?

2. The Lack of Videotaping for the ‘‘Interrogation’‘

You and your supporters in the U.S. frequently complain that your November 5th/6th ‘‘interrogation’’ was never recorded.  You claim that if there was such a record, it would corroborate your claims, and prove you were beaten/smacked around/tortured.  A video would go both ways: it could either prove police brutality and misconduct, or it could definitively prove a suspect or witness was lying.

Until that night, you claim nearly 50 hours of interrogation (see December 2013 email to Judge Nencini), yet none of it was recorded.  Odd, if you were the suspect all along.  Witness summaries routinely are not, but suspect interrogations almost always are, if only to cover the police officer’(s) butt(s).

That night, when you said you witnessed a crime you did not report (Patrick attacking Meredith), your legal status changed from a witness to a possible suspect.  You were given a miranda warning, but still continued to talk.

At this point with your new status, the police would have wanted to videotape or audio record any questionings.  And if they had, any claims of the ‘‘police beat me’’ would have been very easy to refute.  So, by staying away from the camera, it actually creates at least a bit of ambiguity, and gives some wiggle room, should you decide to make complaints later.  It turns an open-and-shut matter into your-word-against-theirs where you lose.

Question for Knox: Did the police ever ask to videotape any of your ‘‘questionings’‘?  And if so, why did you refuse?

3. Transporting Raffaele’s Knife to Your Apartment

You and Raffaele were charged in addition to murder and sexual assault, with transport of a weapon, namely, a knife to your apartment and back.  Despite all the denials of your lawyers, it had Meredith’s DNA on the blade, and your DNA on the hilt (the infamous ‘‘double DNA knife’‘).  Most spontaneous violent crimes involve objects in the immediate area, such as the room, whereas this knife was taken from another location and brought to the crime scene.  Frankly, it reeks of pre-planning.

I considered, and rejected the argument of needing protection.  Knox never claimed she felt unsafe walking around Perugia, heck she sleeps with random people there.  If she did feel afraid at times, many women just clench keys in their fists, for something like that.

Even more disturbing, (as you admit you are a CSI fan) the knife was brought back to Raffaele’s apartment, cleaned with bleach, and put back.  Had the bleach actually destroyed all the DNA—it tends to miss DNA in cracks and grooves—it would have implicated Raffaele only, being his knife, and would not implicate you.  Rather than throw it away, like a ‘‘smart’’ killer would do, it is put back, where it is fairly easy to be found.

Question for Knox: Why did you bring the knife from Raffaele’s apartment, if not to use against someone?

Question for Knox: Why was the knife returned to Raffaele’s kitchen?  Were you hoping (as a fallback), that it might lead to him alone?

4. The Staged Break-In

You finally admitted, after long denying, that you staged an April Fool’s Day prank on April 1st, 2007, by simulating a burglary against a housemate.  You found it funny, while others found it disturbing.  However, in order to do such a prank, you needed to think in advance about how you wanted things to look. In short, this had to be planned out.

Well, the November 1st ‘‘break-in’’ at your apartment when Meredith was killed, was ruled by the courts to be a staged burglary.  There are just too many holes in your story, and in the crime scene, to believe it was legitimate.

But what is not clear, is whether the killers staged the burglary as a panicked response to Meredith’s death, or whether some of the details were worked out ahead of time.  And you had, as a prank, done this before.

I considered, and rejected the claim that it was a real burglary.  However, Judges Micheli, Massei, Nencini and the Court of Cassation disagree, and they can summarize it better.

Question for Knox: Did you think of simulating a break in at your home BEFORE or AFTER Meredith was murdered?

5. Rudy Guede’s Involvement

FoAK has long smeared Guede as a drifter, drug dealer, orphan, burglar, and many other things.  There was one bit of truth there: Guede had broken into at least one place, prior to Meredith’s death, although he had not been charged at the time.  He recently got his jail time extended though, as a result of this.

Interestingly, while you claim to not know Guede, your book seems to include a lot of detail about him.  You knew he was interested you.  You say he had done a break in, and you had staged a break in.  You allege his was done in Perugia, while your prank was far away, in Seattle, where no police were involved.  And let’s be frank: men say dumb things to impress women.  What an interesting person to bring along.

Question for Knox: Did you know about Guede’s prior break in BEFORE or AFTER Meredith was murdered?

6. Turning Off the Cellphones (you and Raffaele)

It is now common knowledge that most cellphones contain GPS that can track the movement of a user.  Police know this, and can often track suspects’ movements this way.  Smart people looking to avoid police attention have figured this out, and can turn their cell phones off (or leave them at home), to make their movements more ‘‘anonymous’‘.

Even smarter police have now figured out that people know, and can now find out if turning off phones is routine, or just a one time thing.  Jodi Arias was caught out this way.  Thomasdinh (Dinh) Bowman was caught out this way. See this.

You and Raffaele had never turned off your cellphones, but chose to (and together) the evening before Meredith was killed.

You gave multiple excuses. (1) Sollecito says in his book it was so you could fool around undisturbed.  (2) You say in your book it was so you wouldn’t receive a message from Patrick if he changed his mind and wanted you to work.  (3) You said in your December 2007 questioning with Mignini that it was done to preserve the charge in your phone.  (4) At trial, your lawyers disputed that the phones were shut off?

Question for Knox: Why did you and Raffele turn off your phones the night Meredith died, if not to cover your movements?

7. Ditching Meredith’s Phones

Meredith’s phones, both her English and Italian phones, were found well away from the home.  While it is normal to have a cell phone, very few people have more than one, and other than a friend, family member, or roommate, who would know this?  Meredith’s attackers took them both, and rather try to sell them or use them, dumped them.

Police have speculated that this was done to divert attention, and to give out false leads.  However, this amount of thought in a ‘‘hurried and rushed’’ crime seems very much out of place.  The unexpected consequence is that it helped narrow the focus.

I considered, and rejected the idea that they were part of an actual robbery.  A killer who seems to know so much about evidence, and about cell phone evidence, would take them, knowing the GPS would help track his movements.  Really, what smart killer would take a mobile ‘‘ankle bracelet’’ with him?

Question for Knox: Why did you take Meredith’s phones, if not to throw off the police investigation?

8. Keeping Frederico Martini’s Number in Your Phone

It is now well known, even if not reported at the time, that Frederico Martini (a.k.a. the ‘‘Cristiano’’ in your book), was a drug dealer you met on the train to Perugia.  You ditched your sister, Deanna, to be with him.  And since then, he had been supplying you with free drugs in return for sex.

It is also well known that you gave Frederico’s number to police, probably trying to divert attention from yourself once again, and that he ended up serving time for drug dealing.

You have enough sense to turn your cell phone off prior to phones (see sections 1, 6, and 7), so you clearly knew that phones can provide serious evidence against you.  If you truly were worried about the police searching your phone, you could have deleted his number, changed a digit or 2, changed the name, or otherwise hidden that information.

The police weren’t concerned with drugs, only with catching a killer. 

Question for Knox: Why did you keep Freddy’s number, and then give it to police, other than just another diversion tactic?

9. The Lamp From Your Room on Meredith’s Floor

The lamp from your room, the only source of light in your room, was found on the floor in Meredith’s room.  This would seem odd, as Meredith had two lamps of her own, and your room would be left dark.  Police have speculated that the lamp was used during the clean-up, and then forgotten.

This demonstrates a lot of control, as rather than grabbing an available lamp from Meredith’s room (if it were needed for cleanup), the killers would have moved outside the bedroom, grabbed a lamp from another room and brought it back.

It further demonstrates control, as there was no bloody footprints into your room.  Therefore, the killer must have cleaned his or her feet, then gone into your room to grab the lamp.  And that lamp was found wiped off prints, so whoever took it had the foresight to make sure their own weren’t on it, but had Meredith’s lamp been used, finding it wiped clean would have been a dead give away.

All of this smacks of planning, and had the lamp not been forgotten in the locked room, we would never have known any of this.

Question for Knox: Why was your lamp found on Meredith’s floor, if not to clean or search for evidence?

10. Gloves Used for Cleanup?

The police went through the house.  Although they did not test everything, very few fingerprints were found at all in the house, and only one belonging to Knox, on a glass.  Of course, it raises the question of why any random burglar or killer would do that, and points to someone who is there regularly—a resident.

Such an undertaking would have taken a long time, again, pointing to a resident of the building.  And while a sock or a cloth may be used a few times, it seems extremely impractical to use for any length of time.  That leads another obvious suggestion: gloves.

However, Perugia was still warm.  Amanda, (in that God-awful interview with Simon Hattenstone), said that she could sunbathe in October.  Even if she had them in her luggage, they would probably take time to find.  She was not known for wearing gloves as a fashion accessory.

Given her living habits, it is extremely unlikely she had her own cleaning gloves, and Laura and Filomena never reported such things missing.  Nor did anyone else.  So, where would they come from?

Question for Knox: Did you purchase (or steal) gloves prior to Meredith’s death?

11. Clothes and Supplies

You were seen in Quintavalle’s shop first thing in the morning on November 2nd, even if your lawyers contest it.  He claims you were looking in the cleaning section, but then left.  Strange, as you are not much of a cleaner, however he has no reason to lie.  You also claim that you were not ‘‘missing’’ any clothes, even though Filomena mentions a sweater you were wearing but has not been recovered.

It is also known that you have made many cash withdrawls in the month of October, with seemingly little to spend on.  Police and the media have speculated drugs, but with absolutely no paper trail, there is no way to know for sure how much was spent on what.

Question for Knox: Did you purchase any cleaning supplies, or extra clothes, either before or after Meredith’s murder?

12. Concerning The Gubbio Trip

You have travelled to many places, sure, but hadn’t really gone anywhere after settling in Perugia.  Yes, you had given serious thought to ditching the town, even buying a ticket to China.  Since meeting Raffaele, you two had kept in a relatively small area.  Therefore, the trip planned to Gubbio, for the day after Meredith was killed, seems somewhat out of place.

I may very well be wrong, but was this the first road trip you had taken with him?  You hadn’t packed anything, and you left your house (after the shower) without taking anything.  You apparently also didn’t notice Filomena’s broken window in front of you.

Question for Knox: Was the Gubbio trip for real, or was this a staged cover?


Sunday, February 15, 2015

Sollecito v Italy & Guede: My Subtitled YouTubes Of Rudy Guede’s Interview with Leosini

Posted by Eric Paroissien













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



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.


Wednesday, October 29, 2014

Analysis #3 Of Testimony Of Dr Chiacchiera, Organized Crime Section: Contradictions Between RS & AK

Posted by Cardiol MD




1. 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.

Dr Chiacchiera was submitted to cross-examination on the above 5 items by 4 Attorneys for the Defence of Knox and Sollecito, by 2 Civil Party Attorneys, and to Re-examination by the Prosecution. He had a gruelling time as a witness.

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.

(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)

Continuation of Dr Chiacchiera’s Evidence-in-Chief:

MaCh: It emerged that normally Sollecito kept his cellphones, and also Amanda Knox, they kept their cellphones on until a late hour, evening, [sic] there is no telephone traffic from 20:40 hours. A thing of this “¦

{Witness begins Testimony re cellphones and is interrupted}

MC: But did this emerge from the declarations or did it emerge from the analysis of the [phone] records in the preceding days?

{Examiner interrupts witness with good Q re source of telephone-usage information}

MaCh: It emerged from the analysis of the [phone] records in the preceding days.

{Witness answers clearly}

GCM: Excuse me. Let me understand. In other words you say: the cellphone was switched off and there was no telephone traffic, these are two different things.

{Court asks good clarifying Q}

MaCh: I’m saying, Mr President. Two things. The first, normally Sollecito’s telephone and the telephone of Amanda, were switched on until the late hours. The fatal evening, they were switched off from 20:42 hours until “¦ one [of the phones] from 20:42 onwards and the other from about 20:50 onwards. One. Two, the traffic “¦

{Witness is Answering Court's Q in 2 parts. When he gets to his part #2, Court interrupts}

GCM: Before going on to “Two”, excuse me: “normally” ““ what does that mean? You had “¦

{Court is asking good Q re witness's Part #1, but is interrupted}

MaCh: We had done a comparative analysis of the telephone traffic of that evening with the telephone traffic of the preceding evenings. Shall we say the habits ...

{Witness interrupts Court with narrative response, and is also interrupted}

GCM: And so the “normally” emerges from this?

{Court interrupts witness's response with good Q}

MC: How many evenings? If you recall, or not?

{Examiner asks witness relevant Q, adding redundant Q}

MaCh: Months, no “¦ honestly, I don’t remember how many [evenings], but months.

{Witness stumbles, seeming uncertain re 'evenings' vs 'months'}

MC: I mean to say, not “¦

{Examiner preambles re her redundant Q but is interrupted}

MaCh: Not three days, no. The telephone traffic habits were evaluated. [This is point] one. [Point] Two, the element that emerged, that contradicted the declarations, I can’t report on the declarations but I can report on the element that contradicted [sic. i.e. provided the contradiction], that in effect no telephone call had arrived at 23:00 hours, as had been declared: on the phone line that was declared to have received that “¦ the recipient of that very phone-call. Another element: no interaction with the computer emerged, unlike what was declared. So there were a few objective elements of comparison from the analysis and from the technical checks that contradicted what had previously been revealed.

{Witness interrupts Examiner with narrative response to Examiner's Q, witness indicating contradiction between suspects' declarations and objective records of telephone and computer activity}

MC: For Amanda Knox, were there incongruities of this type?

{Examiner asks if incongruities/contradictions existed for Amanda Knox}

MaCh: Yes, there were incongruities because Amanda Knox was, how to say, contradicted by Sollectio, and then she contradicted herself, if I may “¦

{Witness answers affirmatively, amplifying applicability both to Sollecito & Knox, but is interrupted}

GB: President, if we continue in this way, then we might as well do the old [trial] procedure.

{Giulia Bongiorno, Sollecito's lawyer interjects, objecting-subjectively to Court, but submitting no legal basis for her objection}

GCM: Excuse me, please.

{Court seems to politely rule GB out-of-order}

MaCh: The elements, these are [sic], Mr President, I don’t know how to do.

{Witness communicates uncertainty to Court}

MC: But it is so difficult, however.

{Examiner chimes-in apparently commiserating with her witness's uncertainty}

MaCh: Mr President, I really don’t know what to do.

{Witness seems to repeat statement addressed to Court, who possibly interrupts}}

GCM: Excuse me”¦

{Court seems to begin response to Witness, but is possibly interrupted}

MaCh: If I have to describe the investigation activity “¦

{Witness may be interrupting Court or is continuing Witness's unfinished statement to Court}

MC: He’s not referring to declarations.

{Examiner chimes-in with his opinion re Witness's reference to Defendants' contradictions/incongruities - GB's interjection seems to have side-tracked court procedure}

GCM: Regarding these declarations, you can report on this [sic. i.e. in this instance?], and with regard to Raffaele Sollecito, you reported ““ citing the telephone traffic and citing the use of the computer. There now, and this is one point. With regard to Amanda Knox, you cannot report the declarations. But you may, however, say ““ following these declarations ““ what type of investigations you carried out, and the outcome of these. So, following the declarations given by Amanda Knox, did you do similar investigations, as [those you did] for Sollecito Raffaele on the [phone] records? Or was there nothing to do, except to “¦?

{Court rules on subject of testimony re Defendants' declarations, seeming to rule admissibility of Sollecito's declarations re telephone traffic and computer usage, but inadmissibility of Knox's declarations. Court does seem to permit description of investigations that followed Knox's declarations, without describing Knox's actual declarations, and Court asks whether phone-record investigations similar to those done for Sollecito were done for Knox.}

MaCh: Mr President, all the necessary checks were made, but in that immediate moment the most important element “¦ that is to say, in [this] place [NdT: i.e. “in this Court”], in this moment, in this place, that is to say, when they were “¦ I said [that] when the arrests were made, I don’t, I don’t know how to do, however, the incongruity of the declarations with the facts that we had found, and with the declarations that Sollecito had previously given us, [this] was the most important element. I don’t know if I have managed to “¦

{Witness seemingly responding to Court that he doesn't know how to deal with the declarations, is interrupted.}

GCM: No, excuse me (overlapping voices). So, with regard to Raffaele Sollecito, we have
understood these checking activities were carried out on the declarations made, the verification activities carried out, and [that’s all] very well. With regard to Amanda Knox, if you also carried out “¦ maybe there were no objective elements for possible checking, there were no “¦ or else, there were activities carried out of “¦

{Court, interrupting over witness's testimony, seems to be explaining his Q to witness, but is interrupted by witness}

MaCh: Later, there emerged a series of further elements.

{Witness interrupts with statement re unspecified further elements}

GCM: Not evaluations on the congruity, incongruity, likelihood, these are evaluations and will be done, there you go, comparably. I’m thinking of the [phone] records, of the use, if she had given indications on the basis of which [you] could carry out investigative activity “¦

{Court seems to want evidence in Knox's phone records justifying further investigation.}

Here ends the Testimony Of Dr Chiacchiera covering the relevant Phone Records, elicited by the Prosecution.

Next comes the Testimony Of Dr Chiacchiera elicited by the Prosecution, covering Discovery of pornographic magazines at Sollecito’s house, Details of how the large knife, Exhibit 36, was collected from Sollecito’s and the evidence that it is the murder knife


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.

 


Wednesday, February 19, 2014

Our First Reviews Of The Painstaking BBC-3 Report First Aired In The UK On 17 February

Posted by The TJMK Main Posters




Review by SomeAlibi

Watching “Is Amanda Knox Guilty” was a funny thing. I suspect for people following the case closely, on either side, it was a sobering experience. Not because it changed perspectives, but simply to see how quickly one hour passed and the necessary trade offs that had to be made to fit within that schedule. The opportunity cost was a level of detail to which in-depth followers have become accustomed.

Just one example: Sollecito and Knox’s partial alibi that they were checking their emails on the night of November 1st was explained as being challenged by two broken computers. Perhaps, (although unlikely to be the material issue) but where was the much more salient fact that their ISP records showed that was conclusively untrue? Where was the challenge: if you say you’re checking emails to establish part of your alibi against a murder and it is shown to be absolutely untrue, what does that suggest…?

There were many other “clinchers” that had to be let go in the name of brevity. But it wasn’t that sort of documentary - it was neither a case for the prosecution or a case for the defence: it put the main suggestions at the level of detail that was possible and it allowed both sides to speak to the points at that level of detail.

I find it interesting that there has been such a howl of bias from those supporting Knox and Sollecito. Objectively there’s no good ground for it: the documentary allowed both sides forward in equal measure and no pro-justice watcher would celebrate it as a pro-conviction piece.

The arguments were balanced, the video, audio and picture quality eye-opening. For those on the other side, their markedly different reaction appears to be that the documentary has broken the taboo that The Evidence Shall Not be Told. The idea that there is an easy-to-consume piece that puts forth the case and defence equally is seen as a disaster.

The campaign for Knox continues to be obsessed, beyond all things, with trying but now failing to make sure the public doesn’t know the basis of the case. For a long time they hoped to drown out the multitude of terribly inconvenient truths within it by screaming “no evidence”. ‘Is Amanda Knox Guilty’ put the lie to that conclusively, but fairly, and now many hundreds of thousands, perhaps soon to be millions will ask themselves why those supporting Knox and Sollecito have had to adopt this tactic at all.

If they really are innocent, why has the case against them been so comprehensively white-washed in the US?

The conclusion, is rather simple and I saw it encapsulated on a large television screen last night with the repeated clips of Amanda Knox and Raffaele Sollecito outside the cottage kissing and “comforting” each other: there for a fraction of a second, shown several times, is Amanda Knox, unable to stop herself glancing at the camera filming her and stealing her gaze away again very quickly pretending she hasn’t.

It’s a look that says everything: furtive, pretending it didn’t happen, immediately covering up in a way that poses a stark proposition: why on earth would you do that if you had nothing to hide?  And like so much of the multiple collapsing alibis and non-working answers and the desperately dishonest fingers-in-the-ear “no-evidence” pretence of those supporting her, is a proposition that can withstand no scrutiny.

Review by SeekingUnderstanding

What a relief to watch a very clear and unbiased narrative. The quality of the visual information was top rate - seeing so much original footage, and presented as it was in a logical time sequence.

Even though I was already familiar with the evidence, including the photographic material, I found it very helpful to see it all presented in this way. I appreciated, too, hearing and seeing the excerpts in original Italian (along with English translations). It added even more authenticity.

I hope that, at long last, this will have helped some - or hopefully many- people to see that the two ‘camps’ in this case do not divide into AK supporters and AK ‘haters’. There are the FoA and their followers ...and there are the others who seek the objective truth and justice.

If hate has been generated in some quarters, then the Knox (and Sollecito) camps need to look to themselves and their own behaviour. This programme was important in the tone it set.

I actually found it to be quite lenient towards the defence on a number of counts.

There were several instances where the defence point of view could have been strongly countered by known and established facts, but, bending over in fairness, these were left unanswered.

Here are just four instances :

1) In the discussion around the blood and DNA left in the bathroom - Dr. Gino’s assertion that ‘the blood/DNA ‘could have come from anywhere’ might have been countered with AK’s own declaration that the bathroom was previously clean. Dr. Gino also suggested a very improbable scenario of ‘it could be saliva’ (on the bidet?). Cassation emphatically said that it must be shown HOW any suggested contamination could have occurred.

2) There was a missed opportunity in discussing the knife presumed to be the murder weapon to mention Sollecito’s lame, unreal excuse of ‘Meredith pricked her hand’ etc.

3) Anne Bremner stated ‘Amanda could not have turned overnight…into a murderer’. Attention could have been drawn to many things, both physical events (her predilection for cruel pranks, including a staged burglary in the US, and wild parties, etc), and also many psychological indicators that would have clearly shown how her behaviour has, in fact, demonstrated consistency.

4) In the discussion re the bra clasp, the delay partially being caused by the defence themselves was not mentioned. Also, detailed discussion re the one bare footprint on the bathmat was omitted.

Since there is, in fact, so much evidence, it must have been difficult to chose and balance what did go into the hour long programme. All in all, I feel Andrea Vogt and her team worked hard, and did very well to let the facts speak for themselves.

I hope it will lay a few fictions and myths to rest.






Review by Earthling

What is the “Amanda Knox trial” (really the Meredith Kercher murder trial) really about? Is it about an innocent 20-year-old pretty white girl being railroaded by the medieval Italian justice system?

Or is this actually a murder trial, about the fact that a beautiful, intelligent, ambitious young woman, innocently trying to improve her life by study abroad, was brutally murdered?

I believe it’s the latter, and the BBC3 production gives us one of the first truly balanced reports on this trial.

The filmmaker starts from the beginning, and takes us through the murder, investigation, and various trials and appeals up to the present day. Instead of the breathless “Perils of Penelope” tone (toward Amanda Knox) that most such previous “documentaries” have taken, this one takes a sober look at the actual evidence.

Did you realize that there are luminol-revealed bare footprints in Knox’s size in the apartment? Luminol reveals blood and a few other substances; but those substances can be ruled out because the test was done six weeks after the murder, by which time those substances would have dissipated.

Blood doesn’t dissipate. This documentary shows you those bloody footprints in all their creepy glory, something never shown on American TV before.

“Is Amanda Knox Guilty” also speaks of the actual DNA evidence in the cottage linking Knox to the murder, including five mixed-DNA spots (Knox and Kercher) that tested positive for blood. Both prosecution- and defense-oriented experts are allowed to comment on this evidence, and the viewer is allowed to make up his or her own mind.

My one criticism is that a lot of the evidence against Knox (witness statements, cell phone data, fake break-in) is skimmed over or not even mentioned. Also, because the documentary quotes Rudy Guede’s position at length without any contradictory narrative, it is confusing as to whether the filmmaker might have believed him.

In the end, the filmmaker says, he was convicted of participating in the group murder. However, a stronger statement against his “I’m entirely innocent” defense would have been good.

Other than these quibbles, this is the best documentary on the Meredith Kercher murder case that I have ever seen.

Review by ZiaK

I watched the BBC programme on the Meredith Kercher case hoping for a more balanced view of the case than has been presented in the English-speaking media to date.

The documentary does present some of the evidence against Knox and Sollecito - including the bloody footprints, the mixed blood/DNA traces in the bathroom and corridor, the bra clasp, the knife DNA evidence, the strange timings of phone calls to police, the unlikelihood of the “break-in” being anything other than staged - but omits to point out that none of the other flatmates’ DNA was found in the blood traces, so saying that “it’s because Meredith and Amanda shared a flat” is misleading.

Nor does it point out that, although the murder knife was found in Sollecito’s flat, none of HIS DNA was found on it: it had only Amanda’s and Meredith’s DNA.

The programme didn’t cover the cell-phone evidence, showing that neither Knox nor Sollecito were where they said they were, at the times that they claimed. The programme also repeated the “Friends of Amanda” PR soundbites, such as “there was no evidence of Amanda in the murder room” - whereas the fact that her footsteps tracked blood OUT of the room are actually evidence of her having been present IN the room before it was locked (i.e. at the time of the murder).

Furthermore, in my opinion, the narrator’s voice seemed to evince sympathy towards Amanda, rather than describing events with a passive or objective tone of voice.

As one of the translators who has participated in translating case documents (such as the judges’ reports describing why they came to their decisions), I am only too aware of the extent of evidence against Knox and Sollecito, and I would like to see knowledge of this evidence become more widespread throughout the English-speaking world.

The BBC programme is a step towards this, but in my mind, only a very small step. I hope the pace will pick up soon, and more objective and extensive knowledge of the true facts of this case will be made available to everyone so they can form a rational opinion of the case based on true understanding.






Review by Cynthia

I’ve just watched this, and it’s very good - with a huge amount of footage hitherto unseen (directed by Andrea Vogt).

For what it’s worth, I note the following points:

1) There’s no mention of Meredith’s friends who heard Amanda say ‘she fucking bled to death’ before the fact was known to anyone else. Perhaps they didn’t testify, being too distressed? If so, it’s a great pity, because it seems a veritable clincher that hasn’t been used at all.

2) The bra DNA arguments are quite extraordinary. If we can determine that we all have Neanderthal DNA (tho’ I know a lot of American fundamentalists don’t believe that mankind goes back more than 6,000 years!) I can’t for the life of me see why DNA would be unusable after a poxy delay of 12 days ...

3) The argument that the Luminol traces may indicate not barefoot treading in blood but in bleach seems absolutely unbelievable to anyone who does housework (like me!) Bleach is horrible stuff, and you really, really don’t want to be getting it on your bare skin. Even Amanda, with her vestigial domestic skills, would have noticed if she’d trodden in it.

4) Bremner says Amanda was an honor student. She wasn’t; she had funded herself (not that that’s discreditable). (Also, are honor students unable to write cursive script? The shots of her handwriting show that she can’t do joined-up writing. [Or thinking.] I don’t know whether the phrase exists in American English, but not doing joined-up writing is a term of great intellectual contempt in English.)

5) We saw Amanda’s ‘mask’ speech. This is really interesting - who would even think that masks were being put on them if they weren’t using them themselves?

6) The programme mentions the little-reported fact that another, smaller knife found at Sollecito’s also had Meredith’s DNA on it.

7) The film omits to mention Hellman’s lack of any experience in criminal trials.

8) Every shot of Amanda in the film has her talking about ‘me’ and ‘I’. She never, ever mentions Meredith - it’s all about HER suffering. She never even says ‘the murderer is out there - I wish you’d stop persecuting me and get them’.

Presumably this is because Guede is supposed to be the sole murderer - and nobody seems in the slightest bit worried that there’s no murder weapon with HIS DNA on it! (Yes, there are his turds - but that wasn’t what killed Meredith.)

9) FOA has used the fact that the recent jury took 12 hours to deliberate over the verdict as an indication that they couldn’t agree. But why not just that they were being extremely careful and re-examining everything?

10) Finally, just an observation: Maresca speaks the most beautiful Italian - you can hear every word calmly flowing past.

Review by Miriam

Much appreciated. Outside of the Porta a Porta transmissions on the case, the best I’ve seen.

I understand they had to give both sides, but I felt that the defense came out on the losing side. I thought it funny that it was implied that since they only tested for blood it could of been saliva.

I don’t believe even her supporters would argue that Knox was so quirky as to brush her teeth in the bidet! Or maybe she spit in the bidet, in which case Meredith would have had every reason to complain about her bathroom habits!

Now if only this or something like this would air in the U.S.






Review by Sara

This is actually one of the most objective and well-researched reports I have seen on the case and I am very happy that BBC has managed to be so unbiased.

It presents both sides of the story equally well and does an excellent job of countering the extremely silly “no evidence” argument that the FOAkers like to repeat at equal intervals.

Regardless of what one believes, I think the documentary will at least succeed in convincing most people that there is indeed sufficient evidence against the two of them, and Italy’s judicial system is not crazy to convict people without any evidence.

My favourite part was when the defense DNA expert (can’t recall her name) tried to explain away the mixed blood evidence by saying that one of them could have had a nose bleed, and the other could have cut her hand in the same place leading to mixed blood.

Come on already, what are we? Kindergartens making excuses for not handing in homework? What is the possibility that both of them would bleed in exactly the same places not once or twice but multiple times? I think anyone with a bit of sense can see that they are clutching at straws.

However, I was a bit disappointed that few things were missed out. For instance, the fact that Guede’s footprints led straight out of the house, the fact that Amanda’s lamp was found without any obvious reason in Meredith’s room, Amanda’s extremely odd midnight call to her mom that she conveniently “forgot”, her million showers despite her concern towards “water conservation” etc.

Sollecito’s multiple changing stories were not really elaborated upon (the story in which he went to a party, the one in which he checked emails, the one in which he pricked Meredith etc etc).

Also, inconsistencies between their accounts of various events could have been pointed out (Was Filomena’s door open or close? Did AK call Filomena from the cottage or from Sollecito’s house? etc).

Witness accounts were not given any screen space either. I think touching upon these would have made the documentary even more impressive.

That said, I understand that the team has done the best they would within the limited time they had, and everything just cannot be accommodated within one hour.

So, all in all, kudos to the team and BBC for a job well done.

Review by Odysseus

I though it was a very competent overview of the case. After so much pro-defendant spin in the MSM (no doubt engineered by the American defendant’s PR outfit), it was refreshing to have a sane, measured and rational presentation. The victim deserves no less.

Congratulations to BBC3 and to the programme makers. It’s good to know that the BBC of blessed memory hasn’t been entirely dumbed-down nor intimidated by “partial outside interests”, the latter being director Andrea Vogt’s own description of the forces intent on muddying the waters in this case.





Tuesday, February 18, 2014

Congratulations To The BBC For A Report Emphasizing The Sheer Extensiveness Of The Evidence

Posted by The TJMK Main Posters



[From the BBC report: Meredith the night before the cruel, deadly attack with her Halloween friends]


This is the painstaking and obviously expensive report by Andrea Vogt and Paul Russell with interviews in London, Seattle and Perugia.

It was aired by the BBC on 17 February. Considerable time is allocated to defense lawyers and experts and the Knox family and Ann Bremner of the FOA taking their best shots at explaining how Knox could maybe have not been involved.

Still, the sheer mass of the evidence remains as the 80,000 pound elephant in the room, lacking any hint of a realistic alternative explanation. Three people committed the horrific attack, including Rudy Guede and two others.

Only Knox and Sollecito remain pointed to by dozens of evidence points as those two others. Not one single evidence point indicates anyone else was involved. The Masssei trial court got it right as the Nencini appeal court just confirmed.

We will enquire if we can embed the hour-long video. But as it may be picked up by US and other foreign media outlets, we will start by simply summarizing it soon.  Assessents by those who have already seen it are welcomed.


Monday, January 20, 2014

Appeal Session #9: Sollecito Team Concludes, Prosecutor Crini Rebutts Defenses’ Claims

Posted by The TJMK Main Posters



[Above: Sun hits the facade of of one of the most modern courtrooms in Europe]

5. Andre Vogt’s Excellent Post-Court Reporting In The Week

From Amanda Knox’s fugitive fears: she’s right to be worried

Sources close to defence lawyers confide that they, too, fear it may not go their way.

It didn’t help that Knox ignored her lawyers’ pleas to travel from Seattle and attend court in Florence - she sent an email instead - nor that she repeatedly requested to meet the Kerchers, only to be sternly rebutted by their lawyer, who suggested she act more like a defendant.

Then she started a new blog and began blithely responding to comments ““ most recently posting an admission that she had once faked a break-in as an April Fool’s prank before she left for Italy (a staged burglary is a key part of the case against her).

Have the wheels come off Knox’s public relations machine now that she’s safe in Seattle? She may need them again soon, because this appeal differs radically from the first one in 2011 which resulted in her acquittal, but which was harshly criticised and eventually annulled by Italy’s Supreme Court earlier this year.

There are three good reasons why this trial is different ““ and why Knox has reason to be nervous:

First, her co-defendant Raffaele Sollecito’s lawyers have distanced his defence from Knox’s.  “He may have brushed her hair and cleaned her ears, but he would not have killed for the love of Amanda,” his lawyer Giulia Bongiorno told jurors in closing arguments earlier this month. “Turn off Amanda,” she said. “Raffaele is not Amanda’s other half.”

Second, the uncompromising Perugia prosecutor Giuliano Mignini has stayed away from Florence. Without him in court as a convenient villain, the “innocent American abroad being railroaded by a rogue prosecutor” narrative no longer holds water. The Florentine prosecutor, Alessandro Crini, has distanced the state’s case from the always controversial kitchen knife that may or may not have been the murder weapon. He’s also given less credence to the “˜sex game gone wrong’ theory that was central to the prosecution case in the first trial. Instead he’s considered all the evidence as a whole. There might have been a fight about missing money and hygiene, he said, but motive doesn’t matter: murders happen all the time for banal reasons. And convictions happen on much less evidence.

Third, the strict Florence judge, Alessandro Nencini, has curbed all antics by lawyers, public and media. There are no perp walks with popping flashbulbs this time. However the appeal ends, no one can argue that this trial wasn’t professionally managed.

4. Tweets by freelance reporter Andrea Vogt

14. Sollecito defense on bra clasp: For us, the condition of the room and conduct of the forensic police tells us there was contamination.

13. Judge interrupted Sollecito lawyer with a booming “No!” saying wiretapped conversations of Sollecito family not to be discussed this trial.

12. Maresca: Whatever you decide, we believe justice will be done & all elements considered in depth. We will serenely accept your decision.

11. Kercher attorney Maresca: Perugians reacted angrily to amanda knox acquittal because it was scandalous: acquittal was decided in advance.

10. Fabbiani, attorney for Meredith’s brother, urges court to look beyond motive. Perna for her sister: one person alone did not kill Meredith.

9. Lumumba attorney Pacelli concludes with this phrase to the jury: “Convict liar Amanda, the diabolical slanderer.”

8. Presiding Judge Nencini has cut Pacelli’s amanda knox monologue short. Says going off track. Pacelli promises to finish in 5 min.

7. Lumumba’s attorney Pacelli is delivering a vitriolic rebuttal on amandaknox - mixing his unbridled contempt w/her own statements.

6. Prosecutor asks (in case of conviction) cautionary measures so defendants can’t flee. Options are: passport, house arrest or arrest.

5. Prosecutor Crini: a lack of motive does not equal proof of innocence.

4. Trial back in session after “pausa caffe” during which Sollecito and his accusers were in tiny court coffee bar at same time. Only in Italy!

3. Sollecito attorney: The only things certain are the death of Meredith Kercher and the presence of Rudy Guede in the house that night.

2. Sollecito attorney: This case is an anomaly. Various judges interpreted facts differently over the years. There’s reasonable doubt.

1. In court, Sollecito attorney Maori contesting prosecutor’s arguments point by point. Knife, bathmat, alibi, witnesses. Afternoon rebuttals.

3. Tweets by our main poster Machiavelli

[At this point Machiavelli signed off]

62. Crini: Nencini asks the clerk’s officer to write down formally the exact terms of prosecution request to issue cautionary measures [if verdict guilty]

61. Crini says his conclusions are unchanged. Prosecution suggests arrest decrees are issued immediately if defendant(s) is(are) guilty

60. Crini points out the crime and motive originate from group dynamic.

59. Crini: Bongiorno had pointed out that anyway Sollecito should be accounted only for what he had done (implicit: not what Knox did)

58. Crini: The excessive and too quick reaction to a situation of rising argument is typical of group reaction.

57. Crini: Argument about cleaning was also reported by Meredith to her father John Kercher

56. Crini: Massive rejection of English [girls] testimonies is “weak” on the part of defence; tensions and dislikes in the house are recorded on paper

55. Crini: Movite cannot be assessed preliminarily as if it was a piece of evidence to be discussed

54. Crini: if you need to prove a crime, it is opportune to detect a motive, but a motive is only a plausible conjecture not basis for deduction

53. Crini: Bongiorno called all English girls ‘unreliable’ (because English, maybe coached by lawyers etc.)

52. Crini calls ‘amusing’ Bongiorno comparing her client with captain Schettino

51. Crini: Some thoughts about the motive.

50. Crini: It makes no sense to say the large kitchen knife is ‘incompatible’ with the big wound.

49. Crini: To the court: can you imagine a ‘surgical operation’ with a small knife producing a wound with clear margins on a live struggling victim?

48. Crini: it is difficult to produce an 8x8 cm large wound with a small 8cm long knife, it would produce at best a wound with irregular margin

47. Crini: The blade hypothesized by defence from the bed sheet stain is anyway larger; these are anyway conjectures. Datum is compatibility

46. Crini: thinking you can preemptively deduce the size of the blade from bed sheet stain is ‘unrealistic’

45. Crini: The “double knife theory” is based on the small size of the right wound, experts point to a likely much smaller knife with thin blade.

44. Crini: no defence wounds, no fight bruises, nothing under nails, bruises indicate forced restraint of victim; how she was immobilized

43. Crini: Massei court did not decide about attribution of pillowcase shoeprints, Crini objects Vinci’s finding, thinks prints are too small

42. Crini: Knox defence: says when Guede leaves palm print on pillowcase leaves a signature

41. Crini: Bongiorno called the murder scene “flooded” with Guede’s DNA. Crini points out his traces in room indicating he had free hands (no weapon)

40. Crini: The defences also dealt thoroughly with the use of the knife, wounds, blade size

39. Crini: The dynamic of the crime. Maori attributed all traces to Rudy Gede alone

38. Crini: All alleles of the victim were found in a scratch on the knife blade. Human DNA is normally not on knife blades

37. Crini: Vecchiotti admitted there was a scratch on the blade

36. Crini: The same defence experts did not object to the attribution Y haplotype of Guede found in the victim’s vagina

35. Crini: Calls Vecchiotti’s reasoning on bra clasp “a priori”, dismissed for reasons totally general and vague. Doesn’t read Y haplot. and X together

34. Crini: Points out a passage where Vecchiotti’s report misquotes police findings inserting the word “only”, built a strawman

33. Crini says let’s look at the Conti-Vecchiotti report, to see what it says, if you can subscribe with the report.

32. Crini: Tagliabracci in 2008 objected to quotes of prof. Gill calling them “too recent”

31. Crini: Objections referred to Low Copy Number are obsolete, and also partly undermined by the RIS report

30. Crini: Calls “embarassing” Bongiorno when alleges the police was wrong in attributing stains to cat’s blood

29. Crini: Disproves Bongiorno’s allegation that the clasp was stepped over.

28. Crini: Novelli rules out there was contamination in laboratory, as well as tertiary transfer in situ.

27. Crini is “pleased” the defence did not attempt to allege laboratory DNA contamination. Points out findings by Novelli

26. Crini: report says had there been internet surfing or writing activity, this would have resulted as obvious.

25. Crini cites arguments about computer expert reports, hearings of 14 Mar 2009 and Dec 2010 say further investigation is unnecessary

24. Crini: Maori omits to quote pieces of Curatolo’s testimony.

23. Crini will deal with Maori’s “theory of alibi” only very briefly

22. Crini says defence arguments on bathmat print are conjectures. Rinaldi is actually same person who correctly attributed shoeprint

21. Crini: Bathmat print: compatibility assessment can be done on what is measurable

20. Crini: Guede knew the hous and apartments, would have chosen logical entries and logical behaviour, Crini calls burglary theory ‘not credible’

19. Crini: alleged small wounds on Guede’s hand, inconsistent with absence of his blood on scene

18. Crini: Talks about Bongiorno’s criticism to staged burglary scenario - the scenario of Guede already inside apartment

17. Crini says police report timings, records of CCTV video camera and phone calls are ‘consistent’

16. Crini does not see corroboration of alleged 7-minute late clock error of CCTV. The 13.29 call was from Carabinieri HQ and don’t change anthg

15. Crini tris to “strain” the timing of police arival to favor the defence, to see if scenario fits. Considers possible CCTV time error

14. Crini: Sollecito calls Carabinieri too late, also because last phone call to Romaneli was at 12.38

13. Crini: Call to Sollecito’s sister, and then Sollecito’s call to Carabinieri at 12.51-45. Crini: this timing is late independently from Battistelli

12. Crini: Battistelli arrives on foot about 10 minutes eariler than postal police car

11. Crini wants to look better at some arguments about Sollecito’s declarations to postal police. Battistelli recalls 12.35 consistent with CCTV

10. Crini talks about Sollecito ‘sidetracking’, talking about statements to postal police

9. Crini: Knox’s Calunnia also contains details that have external corroboration and she could not have deduced from simple burglary scenario

8. Crini: A Calunnia is itself incriminating (require strong defence explanation), but Knox’s Calunnia also contains furth incrimiating details

7. Crini: Knox maintained her calunnia against Patrick over a period of several days. Crini points out the logicality of Cassazione argument.

6. Crini: Knox statements: ‘Patrick had sex with Meredith’ and ‘there was a loud scream’ were new elements, unrelated to known facts and not retracted

5. Crini: On calunnia, Crini points out that there was an argumentation about Knox defence about usability of Knox’s statement. argument is wrong

4. Crini: Theoretically all defense points could be replied to, Knox’s Calunnia, Sollecito statements to police, the staged theft, the mat print; DNA evidence

3. Crini says he will talk briefly only about a few selected points, without repeating himself, and without discussing old arguments again

2. [After the break] Prosecutor General Crini begins to reply.

1. [After the break] Sollecito entering the court, asked what he expect, says “no comment”

2. Tweets by reporter Barbie Latza Nadeau

44. Judge especially hard on Sollecito sub lawyer, reprimanding her for introducing new arguments when she is only supposed to be refuting.

43. Sollecito sub lawyer argues no DNA from Meredith Kercher on bra clasp w/Sollecito’s DNA, failing to mention she was wearing the bra..

42. Six years of Kercher trials and some lawyers still pronounce the K in Knox.. “ka-nox” as Sollecito’s sub lawyer just did.

41. Kercher lawyers finished, now Sollecito lawyers up for rebuttal, but both his principal lawyers had to leave early.

40. Kercher atty Maresca: Perugians reacted angrily to Amanda Knox acquittal because it was scandalous: acquittal was decided in advance.

39. Kercher lawyers ask court to consider all the previous testimony they say proves more than one person killed Meredith Kercher.

38. Lumumba lawyer says his client has not received any of the €22k he is owed by Amanda Knox even though the slander conviction is final.

37. Judge reprimands Lumumba lawyer for veering off course, he is only to discuss slander aspect of case, not murder itself.

36. Lumumba’s atty Pacelli is delivering a vitriolic rebuttal on Amanda Knox - mixing his unbridled contempt w/her own statements.

35. Lumumba keeps referring to Amanda Knox as “the American”, says she had a penchant for drugs, alcohol, sex.

34. Lumumba lawyer calls Amanda Knox a “diabolical slanderer” “¦

33. Lumumba lawyer says Amanda Knox substituted Patrick for Rudy Guede.

32. Court back in session with Lumumba lawyer up. Sollecito back in court after break.

31. Prosecutor Crini: a lack of motive does not equal proof of innocence. Amanda Knox

30. Prosecutor focused on knife, says traces of Meredith Kercher and Amanda Knox are valid.

29. Sollecito staring at prosecutor as he delivers rebuttal, jury taking notes, judge listening intently, journalists trying to stay awake.

28. Prosecutor in new Amanda Knox appeal says motive in murder is never simple and clear, like murder itself is complex.

27. MeredithKercher lawyer says her brother and sister plan to come for verdict Jan 30.

26. Prosecutor just referred to Amanda Knox as “la nostra Knox” as he tries to refute defense arguments.

25. Trial back in session after “pausa caffe” during which Sollecito and his accusers were in tiny court coffee bar at same time.

24. Prosecutor making brief rebuttal, pushing Sollecito and Amanda Knox back together after Sollecito lawyer clearly tried to separate them

23. Sollecito just told group of reporters he was not sure if he would come for verdict.

22. Sollecito lawyer finished. Judge asks lawyers how much time they need for rebuttals. 15 minute

21. Sollecito lawyer says his client is not guilty. Does not mention Amanda Knox in final moments of closing arguments.

20. Sollecito atty: This case is an anomaly. Various judges interpreted facts differently over the years. There’s reasonable doubt.

19. Sollecito lawyer tells the court they can only accept that Meredith Kercher was murdered and that Rudy Guede is the lone killer.

18. Sollecito lawyer G Bongiorno has just arrived in court with three male assistants.

17. Sollecito lawyer says Sollecito was never with Guede, Meredith Kercher and Amanda Knox. Says testimony that they were was false.

16. Sollecito lawyer working to discredit witnesses. Says store owner who says he saw

15. Judge in response to Sollecito lawyer asking if jury is tired: if we are tired now we will have to kill ourselves by the end of the day.

14. Sollecito in court today. Will he come for verdict on 30th?

13. Sollecito lawyer lays out why homeless man in park who testified he saw Amanda Knox and Sollecito arguing night of murder is unreliable.

12. Patrick Lumumba also absent from court today.

11. Judge in Amanda Knox new appeal rarely looks at Sollecito lawyer, writing notes, scrolling tablet, but minimal eye contact.

10. Sollecito lawyer on mass media tangent, says the “super witnesses” for prosecution in earlier trials were all for show.

9. Judge in Amanda Knox 2nd appeal asks for clarification on hard to follow techie evidence.

8. Sollecito lawyer showing computer records for Raf’s computer access, says access was human, not automated. Jury squinting at slides.

7. Sollecito lawyer moves on to Raf’s computer, how computers belonging to Amanda Knox, Meredith Kercher were all “accidentally” destroyed.

6. Sollecito lawyer back on break in. Frequent reference to Guede “the real assassin”. No mention of Amanda Knox at all yet.

5. Sollecito lawyer focusing on staged break in.

4. Sollecito lawyer G Bongiorno not in court this morning.

3. Sollecito lawyer Maori says luminal also picks up fruit juice, not just blood. Judge taking notes.

2. Sollecito lawyer showing slides of famous footprint on bathroom rug in Meredith Kercher blood.

1. Sollecito lawyer now summing up in Florence, then rebuttals. Verdict expected Jan 30.

1. Tweets by reporter for La Nazione

46. Lawyer Colotti (Sollecito) : “In a process based on circumstantial evidence motive is the glue of the whole thing.”

45. Lawyer Colotti (Sollecito defense) begins.

44. Sollecito defense : “The Meredith’s bra clasp was contaminated as evidence “

43. Sollecito defense : “It was Rudy Guede who entered through the window after breaking the glass “

42. Sollecito defense : “There was no misdirection in statements of Sollecito “

41. Now it’s up to the defense again, Sollecito team begin their final responses

40. Lawyer Maresca (Kerchers) : “On the blade there are traces of the victim “”

39. Lawyer Maresca (Kerchers) : “Hellmann appeal, the acquittal was a pre-cooked judgment”

38. Lawyer Francesco Maresca (Kercher family) begins

37. Lawyer Perna (Kerchers) “Wounds on the body victim compatible with the knife found at Sollecito’s house “

36. Lawyer Perna (Kercher family) begins

35. Lawyer Vieri Fabiani , one of the lawyers for the plaintiffs, the Kercher family

34. Lawyer Pacelli (Lumumba) : “Judges, sentence the liar Amanda , the devilish slanderer “

33. Lawyer Pacelli (Lumumba) : “Meredith could not stand Amanda”

32. Lawyer Pacelli (Lumumba) : “Amanda is on Lumumba’s mind constantly “

31. Lawyer Pacelli (Lumumba) : “Amanda hoped Lumumba slander would not be discovered “

30. Lawyer Pacelli (Lumumba) : “the defense of Amanda was rancorous and non-existent “

29. Lawyer Carlo Pacelli (for the plaintiff Lumumba) begins.

28. Crini: “If Sollecito and Knox are condemned then precautionary measures should be decided to ensure execution of the sentence”

27. Crini: “There were tensions in the house for reasons of hygiene ”

26. Crini: “The absence of sure motive is not a defensive threshold “

25. Crini : “At the scene there was no contamination “

24. Crini : the prosecutor carries on his indictment reaffirming the validity of the clues

23. Crini : the prosecutor continues rebuttal,  the Tuscany Attorney General Dr Tindari Baglione enters the court

22. Crini : “Slander of Lumumba in itself is an important element “

21. Crini : the Prosecutor General starts his rebuttal

20. Sollecito’s father::”That’s understandable , too much stress”

19. Sollecito :”I do not know if I’ll be in the courtroom on the day of judgment

18. This ends the argument of Maori (defense of Sollecito )

17. Maori: “The only possible verdict is an acquittal”# meredithnazione

16. Maori: “In the various processes motive , time, and the murder weapon changed ontinuously”

15. Maori: “The witnesses who say that Raffaele and Rudy knew each other, said things false”

14. Maori:”The witness Quintavalle for many days after the murder of Amanda did not speak”

13. Maori: “The witness Quintavalle speaks thirteen months after the fact”

12. Maori: “The witness Curatolo is unreliable , wrong date and report things that are false”

11. Maori: “Some witnesses have had access to financial sinecures”

10. Maori: “The witnesses are characters created by the mass media”

9. Maori: “At 21.26 Sollecito opened from his PC the cartooon Naruto”

8. Maori: “At 21.10 there was interaction Sollecito with his pc”

7. Maori: “Analysis of the computer shows that Sollecito ‘s alibi is true”

6. Maori: “No simulation , glass window broken by a stone from the outside. No glass outside”

5. Maori:”No simulation of theft. Blinds on window with broken glass were not closed”

4. Maori: “The bloody footprint on the bath mat is not Sollecito’s foot”

3. Maori: “Meredith was killed at 21”

2. Maori: “The kitchen knife is the murder weapon . Wounds are not compatible”

1. The hearing begins : now it’s up to the lawyer Maori



[Below: previous image of Attorney General Dr Tindari Baglione who is in court to hear Dr Crini]


Saturday, December 14, 2013

Why Is Appeal Prosecutor Crini So Very, Very Interested In The Precise Position Of Filomena’s Door?

Posted by Cardiol MD



[Above, we can see Filomena’s grey door, at hard left; ahead are Meredith’s & Knox’s bedrooms]


Do please bear in mind that this appeal was initiated by Knox and Sollecito, and the verdict, sentence and sentencing report they dispute is Judge’s Massei’s from the 2009 trial.

The subject of one of Dr Crini’s focuses - whether or not Filomena’s door was open at the various times Knox and Sollecito stated they went to the women’s apartment on the morning-after ““ is a crucial one, relevant to proving Knox’s and Sollecito’s lies and obfuscations.

Wasn’t the staged break-in to Filomena Romanelli’s room glaringly obvious? In the early morning of November 2nd, 2007? In spite of the Knox/Sollecito obfuscations?  There is much information in Massei on this question, pointing to many very obvious obfuscations.

Now, for the legal requirements of beyond-reasonable-doubt (BRD) actual, literal quotations are needed. Much relevant information can easily get “˜lost in translation’ not only at the superficial level of paraphrase, as in “They said that”¦..”, but also at the more subtle level of the formats used for quotations.

Some of the Massei Report as translated consists of the actual oral quotations of witness statements, some are quotations of the content of written documents, but some consist only of paraphrases of both oral statements and of written documents.

For some quotations, especially nested-quotations the translation uses various formats, beginning either with a comma or an apostrophe, ending with an apostrophe, and, in my copy, some back-slashes.

This mixture can be confusing to some readers, and Knox and Sollecito are seasoned veterans of exploiting such translational losses. That is a major factor in their continuing obstruction of justice: using chronic obfuscation.

He said, “She yelled, ‘I’m going to kill you.’ “


This quotation-format has been substituted in this post where it seems appropriate. It is hoped that when this format is used only to indicate editorial irony it will be self-evident.

John Follain and Will Savive also make a number of relevant references, and so do some Wiki articles whose authors are too modest to identify themselves though “˜Underhill’ has been mentioned as a co-ordinator.






Of course, the members of the Florence Appellate Court have access-to, have probably already read, thousands of pages of evidence, including the actual verbatim witness-transcripts, and that Court will make up its own mind independent of what is written elsewhere.

Here are some of the Massei “˜door’ instances - this is a selection of a relevant 6 out of a grand total of 192 instances:

Massei Page 28: [Amanda Knox and Raffaele Sollecito ““ said that they were waiting for the carabinieri whom they had called since “coming back to the cottage in the morning because they had been away for the night” and finding “the entrance [15] door open and then the window broken” (see declarations by Battistelli, hearing of February 7, 2009, page 64).]


Access to the Court Records would help us better-understand this passage, but Follain (Page 67, Kindle location 939), indicates that Battistelli is actually quoting Sollecito, substituting “˜they’ for “˜we’, so it seems that Sollecito was already obfuscating the facts, encouraging the inference that their shocking observations began only when both he and Knox arrived together and discovered together both the open apartment entrance-door, and from inside Filomena’s room, the broken-window, so we are all being steered away, by Sollecito, from the true answer to our question.

Massei Pages 29-30: [Around midday(Nov, 2nd, 2007), at ten past twelve, when they had not yet arrived at the car park of the Fair, and she(Filomena) was in the car with her friend Paola Grande, she received a phone call: it was Amanda letting her know that there was something strange. She had arrived and had found the door open: she had had a shower and it had seemed to her that there was some blood; moreover she said that she was going [17] to Raffaele’s place (declarations of Romanelli page 31, hearing of February 7, 2009).
To her (Filomena’s) question about where Meredith was, she had answered that she did not know.]


Filomena had apparently not been told by Knox, in this 1st phone-call, about the broken pane, the stone, and the bedroom-disarray, as if Knox was not yet aware of these stunning facts. The obfuscation continues.

Massei Page 30: [Marco Zaroli, who was without a car because Ms. Romanelli had taken it, had called his friend Luca Altieri and they had gone together to the house in Via della Pergola, where they arrived around 1:00 pm, at almost the same time as Filomena Romanelli and Paola Grande. In the house there were the also the two present accused and ““ as we have seen ““ Inspector Battistelli and Assistant Marzi. The presence of the latter two was linked by Ms. Romanelli to what Amanda had told her about the open door, the broken pane, her own room in a mess.]


When Knox first told Ms. Romanelli about her visit, she had omitted reference to Laura’s and Filomena’s doors, whether they were open, whether they were openable, whether Knox opened them, and whether Knox looked inside and saw the broken pane, the stone, and the bedroom-disarray. It is implausible that Knox tried only Meredith’s door and not the others.

It is also implausible that Knox even took a shower at the women’s apartment, colder as it was than Sollecito’s. Amy Frost testified that hours after the body was discovered Amanda Knox told her that she never took the shower, because when she noticed the blood that had stopped her from showering.

The Postal Police commented that Knox also emanated an unpleasant, “˜post-shower’ odour, inconsistent with Amanda having recently had a shower anywhere, implying Knox was lying about taking the shower.

Knox is steering Ms. Romanelli away from these crucial facts which logically demanded that their “˜discoverer’ flee (again), and call the Police. Knox is obfuscating by selective piece-meal feeding-of-the-facts to Filomena.

Massei Page 38: [On the day of November 2, 2007 at police headquarters, Amanda was also there and she said that that night she had been with her boyfriend Raffaele and that the next morning at around 11:00 am she had gone back home to get changed. She had found the entrance door open and this seemed strange to her: she had gone into the house and into her room and she had taken a shower and had seen drops of blood.

She said that after the shower she got dressed and noticed that Meredith’s door was locked. She went into the other bathroom and said that there were faeces in the toilet. Then she went into another room and noticed that the window had been broken and that there was glass inside. She told these things to her and the other girls present. Then she related that she had gone back to Raffaele’s house and had rung Filomena. She remembered that on that occasion at police headquarters Raffaele was very calm, silent.]




When Knox first called Filomena, Knox had omitted any mention of the most significant information - the (staged) break-in, as if she had not ‘noticed’ it.

Now, later, paraphrasing, Massei states: “Then she went into another room and noticed that the window had been broken and that there was glass inside.”

Had Massei not paraphrased, but had written “Then I went into Filomena’s room and ‘noticed’ that her window had been broken and that there was glass inside.”, we could use it as BRD evidence.

The actual, verbatim quote should be among the many thousands of Court Records relied upon by Massei; Nencini’s Court should use such Record in reaching its decision.

Massei Page 65: [Upon returning home, she [Amanda] noticed that the door was wide open. She thought someone had gone to take the trash out or gone to the floor below, closing the door behind them but not locking it. She asked loudly whether anyone was at home, but no one answered. The door to Meredith’s room was closed, and this meant she was sleeping. She undressed in her own room and took a shower in the bathroom, (the one) nearest to (both) her room and to Meredith’s.

When she got out of the shower, she realised that on the little bath mat where she had placed her feet, there was blood and also, there were drops of blood on the sink and the faucet. She left the bathroom and went to get dressed in her own room. Then, she went in the other bathroom to dry her hair, where there was a blow dryer. It was at this time that she noticed feces in the toilet, which surprised her. She then took the mop and returned to Raffaele’s home, locking the door (on the way out.)

She told Raffaele what she had seen and he suggested that she call one of her friends. She then called Filomena Romanelli, who said that she had been out with her boyfriend and that Laura Mezzetti was also away, in Rome with her family. She then realised that the only one to have spent the night in Via della Pergola was Meredith, about whom, however, nothing was known. Filomena seemed worried, so Amanda (Page 66) told her that she would call Meredith, who would then call her back.

She then called the two cellphones that Meredith had, but without getting any response (from her). She then returned home, this time with [55] Raffaele. Upon returning home, she opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, “šbut her computer was in its place on the desk.”› Convinced that there had been a burglary, she went into the other rooms: Laura’s room was in order, and nothing was missing from her own room.

However, Meredith’s door was closed. She began to knock and to call out, without receiving any answer. She was then seized with panic and went on the balcony to see if she was able to see anything, but she couldn’t see anything. She went down to the apartment below to ask someone, but no one was there. She therefore went back inside and Raffaele said that he wanted to try to break down the door of Meredith’s room, but he wasn’t able to. It was then that they decided to call the police, which is what Raffaele did. She let Filomena know about this, asking her to come home.]

Now, only after returning “home, this time with [55] Raffaele.” does Knox allege that she had then “opened the door to Filomena Romanelli’s room and saw that the window was open and completely broken: there was chaos, “šbut her computer was in its place on the desk.”

Knox continues to obfuscate by selective piece-meal feeding-of-the-facts.

Massei Page 66: [While they were waiting, two police officers arrived (at the scene) and she showed them all that she had seen. Then Filomena arrived with her boyfriend and two other friends, and they broke down the door of Meredith’s room.]

True.  There are a number of other Massei references to Filomena’s door and room, but they are basically repetitive of information already in the above references.

This seems to be enough for Nencini’s Court to reach its verdicts re Knox and Sollecito.


[Below: the area from which Knox would have been looking at Filomena’s door]


Monday, November 25, 2013

Appeal Session #4: Today Lead Prosecutor Alessandro Crini Summarises The Prosecution’s Case

Posted by The TJMK Main Posters




Overview

This is the report on the first day of Prosecutor Crnini summarizing the entire case.

This was not attempted at such length at the 2011 Hellman appeal and that panel of judges was perhaps not ever fully in the picture. The second day of the presentation is reported on here. 

Real-Time Report

Good reporting on the court today

Andrea Vogt has posted an objective report here and Barbie Nadeau an objective report here.  We will post excerpts from both and other sources after the appeal session on Tuesday is done.

Warning about AP’s Colleen Barry

The Associated Press’s Colleen Barry is once again filing highly biased reports from the court. This is an appeal by Knox and Sollecito AGAINST a guilty verdict (by Judge Massei) and not an appeal by the prosecution to “reinstate” a guilty verdict. Get a grip.

Final post from the court today

It is 5:30 pm in Italy. Judge Nencini has declared today’s session at an end and he has allowed the prosecution to resume its presentation tomorrow. Prosecutor Crini has about 1/3 of his presentation on the evidence still to come.

Tweets from main poster Yummi

Yummi has warned us that the wireless internet bandwidth inside and just outside the courtroom gets overloaded late in the day as the reporters get busy on their reports.  Yummi does have a way around this but it involves leaving the courtroom when key arguments might be made and walking some distance away. So there might be some slight delays.

[More pending; Dr Crini has alerted that his presentation will be in 16 chapters]

51. [Judge] Nencini suggests to interrupt and go on tomorrow with following prosecution’s points. New schedule.

50. Chapter 11. is DNA. Crini says we may have evidence enough by now anyway

49. Crini censures Hellmann-Zanetti’s reasoning about calunnia (why not indicate the real culprit?). Says H-Z committed ‘physical violence’ on trial file

48. Knox’s calunnia is a strategy protracted over time says Crini

47. Dreamlike component in Knox’s statement, fish blood, are devices needed to surround a calunnia strategy

46. Knox needed to put some additional content into the ‘calunnia’, says Crini, or wouldn’t be believed, so she puts in pieces of truth

45. Knox spoke about a scream an a sexual violence before anyone knew. Sollecito said nothing was stolen before they knew.

44. Points out Sollecito says Romanelli’s door was wide open; Knox doesn’t notice theft. Crini highlights the ‘combination’ of inconsistencies

43. Knox thinks locked door is normal; does not flush toilet when finds feces; does not notice blood before having a shower; thinks blood is ok

42. Notes Knox’s statements are inconsistent and ommisive before her interrogation.

41. Crini speaks about Knox’s declarations. Interested in the timings. Says too much was repeated to be coerced.

40. Crini speaks about chapter 9, the statements of Sollecito. His call to her sister. His alert was late but even so preceded the postals arrive

39. Bathmat print and luminol prints were chapter 7. of Crini’s argument; 8. is the staging of theft.

38. The most significant stain may be the one in Romanelli’s room, says Crini.

37. Speaking of a female’s print left in luminol, Crini sounds outraged, saying other substances is vague unsubstantiated conjecture [eg it was blood not bleach]

36. Guede’s sentencing was not well calibrated says Crini. But a Guede alone scenario is not tenable

35. Does it make sense for Guede to leave there the evidence of (putative) theft, and clean footprints?

34. The unitary sense made by elements like the bloody print, is a cleanup. Considers the lone-perp scenario: inconsistent

33. Crini: starts talking about the isolated bloody print; calls it a ‘talking element’. Why is that print alone?

32. Suspects are only ones with a ‘logistic’ capability and an interest to ‘clean’ the murder scene. They aimed at ‘diminishing’ the evidence mass

31. Knox’s lamp was the only light in her room.

30. Crini: the perp(s) organized a rather complex plan to clean up and ‘sidetrack’ at the murder scene.

29. Still to be determined if calunnia was “occasional” due to pressure, or “aggravated” [sidetracking]; Crini saya a ‘depistaggio reale’ (sidetracking) occurred

28. Crini: suspects’ statements are extremely interesting: RS’s statements; AK’s e-mail, internet statements, [Knox’s] memoriale

27. Crini: a most fertile chapter of analysis is the ‘post-factum’ actions and behaviors of defendants

26. Crini has unfolded five chapters. Says he has a total of sixteen

25. Quintavalle, details of his testimony and woman’s description are exceptional indicators of accuracy.

34. Crini: it is unlikely that Quintavalle got it wrong. Because of contextual elements.

23. It is incorrect to dismiss a witness a priori because late. But for reasons totally different. Sometimes late is symptom of reliability.

22. Wants to deal with the issue of the fact that he came forward late, urged by an acquaintance

21. Crini: fifth argument is Quintavalle. He says he is sure about his testimony. Is a different kind of witness

20. Crini accepts both alternatives on time of death, after 23.15 or before 22.30 (but seems to prefer the earlier one)

19. Crini: Do not overestimate importance of timings that are not anchored accurately or cannot be proven

18. Crini: timeline is marginal to the case. All unproven timings to be taken cautiously.

17. Crini starts fourth theme: timings. Says they are very vague, except the tow truck

16. Crini: Curatolo is no ‘super-witness’, but can contribute to helping the court to draw their scenario

15. Curatolo saw a couple discussing and this memory is very specific, peculiar

14. Curatolo did not confuse night with Halloween, because it was big party in piazza the previous night, and because it did not rain

13. Crini: the court saw Aviello, shows what top [level] of unreliability is; the SC suspected so unreliable that calunnia elements had to be assessed

12. Crini: many trials could not exist if drug addicted testimonies were dismissed

11. Crini: the H-Z court assessed Curatolo a priori based on him as a person, stemming from questions of the court itself

10. Crini about Curatolo, describes Piazza Grimana; he was an habitual presence of the piazza, proven reliable in other cases

9. Crini: computer records and alibi point to Sollecito being not at home but on murder scene

8. Crini cites the log files of Fastweb: no internet activity, only automatic connections.

7. Crini: failure of computer alibi is evidence against, not just lack of confirmation.

6. Nencini notes prosecution did not ask to interrogate Sollecito. Crini cites D’Ambrosio’s computer expert report. No interaction before 5am

5. Sollecito gave computer alibi days later, and words his statement in the singular form.

4. Crini: first theme he deals with is presence of crime scene; alibi, if it’s false it is evidence no matter why false (cite from Guede trial)

3. Crini attacks the method of logic reasoning of annulled appeal: parceling out evidence, parrots aspects of civil procedure

2. Crini: Supreme Court censure was against the foundations of appeal , all parts not just some errors; appeal was ‘razed to ground’.

1. Crini: this appeal is unusual, not because of the case but for the course followed. Usually appeals are narrow, this SC annulment is not.

Tweets by Andrea Vogt

3. At Crini’s side in amandaknox appeal today is veteran Florentine prosecutor Tindari Baglione. Before this, he was in Cassazione.

2. Prosecutor Crini in Florence: don’t repeat error of Perugia appeal. Consider evidence wholly, including Curatolo.

1. Will prosecutors ask life sentences in amandaknox appeal today? Will Sollecito’s presence in court benefit him? Verdict January 10.

First post

This is the prosecution’s day. Sollecito is reported as being in court but low-key.

Various reporting notes the significant presence of Dr Tindari Baglione, formerly with the Supreme Court, about whom we posted on in September as follows:

The new Prosecutor General of Tuscany (Florence’s region) Dr Tindari Baglione, the chief prosecutor of Tuscany’s appeal court, is selecting the prosecutors for the appeal. He arrived in Florence in May of this year. He is said to be formidably unbending. He recently imposed tough sentences on 27 people for the environmental damage caused by illegal work in Mugello on the high speed rail link between Florence and Bologna.


Sunday, November 10, 2013

The Crime-Scene Clean-Up: How Rudy Guede’s Diary Provides Even More Proof That It Happened

Posted by pat az





This post is crossposted from my own place. Here is one of my previous crime scene analyses on TJMK.

Rudy Guede was ultimately declared convicted by the Supreme Court in 2010 of participating in the 2007 murder of Meredith Kercher.

The prosecution claims the two other participants are Amanda Knox and Raffaele Sollecito. Knox and Sollecito are currently appealing their conviction of the same crime.

The case against the three of them involves a suspected clean up of the hallway in the apartment after the crime. Meredith’s blood was found in the bathroom, and half a footprint in her blood was found on the bathroom mat. However, there was no visible blood between Meredith’s bedroom and the bathroom.

The only visible blood in the hallway were faint partial shoe prints that led directly out the front door of the apartment.

After the murder was discovered, the media reported almost daily on developments in the case. The day of the murder, the press reported on the blood found in the bathroom and the bedroom.

But until police used luminol at the apartment on December 18th, the media didn’t report on any significant blood found in the hallway.  Between November 2nd and December 18th, only one person stated that significant amounts of blood had been in the hallway.

Rudy Guede.

Rudy Guede actually wrote about it in his diary between Nov 20th and Dec 6th, after being captured in Germany.






The police arrived at the apartment on November 2nd. According to media reports, the blood they spotted immediately was only in the bathroom and Meredith’s bedroom.  When the scene was more closely examined, after the discovery of the body, police found visible blood patterns on the floor left by Guede’s left shoe as he left the apartment.

None of the people who arrived in the apartment on the afternoon of November 2nd reported seeing them; these footprints are not in any of the stories of the events of Nov 2nd told by Amanda Knox nor Raffaele Sollecito. So, while these prints were visible, they were not substantially obvious.

On December 18th 2007 investigators applied Luminol in the hallway and other bedrooms. This forensic chemical is used to detect blood which has been cleaned away. The Luminol revealed several footprints in the hallway between the bedrooms of Knox and Meredith. Example below. Some of these footprints were leading towards Meredith’s door.



They also discovered prints in Filomena’s room which contained Meredith’s DNA and Amanda Knox’s DNA. They also revealed a footprint in Amanda Knox’s bedroom. (The defense unsuccessfully contested the investigator’s conclusions that these prints were made with blood).

On November 19 2007, an international arrest warrant was issued for Rudy Guede. He was arrested in Germany on November 20th. Guede remained in Germany until his extradition on December 3rd.

During his stay in jail in Germany, Guede wrote a long statement that was published and translated. Guede’s writings are similar to to Knox’s jail writings in many ways - they both try to write out their own detailed version of events, while pointing blame elsewhere. 

But Guede’s comments may in fact be confirmation of a clean-up after the murder of Meredith Kercher (emphasis added):

I am asking myself how is it possible that Amanda could have slept in all that mess, and took a shower with all that blood in the bathroom and corridor? (Guede, Germany Diary, P21)

The police did not find evidence of any other blood until December 18th, AFTER Guede returned from Germany. As indicated above, the luminol revealed multiple footprints in the hallway, in Knox’s bedroom, and in Filomena’s bedroom. The image below shows these results in blue. Guede’s partial footprints are shown in red.






The conclusion is inescapable: Guede knew there would be significant evidence of blood in the hallway, before the police themselves found that evidence.

How did Guede know there would be more blood found in the hallway, before the police found that evidence on December 18th? And why wasn’t that blood there on the morning of November 2nd?

The courts believe the blood in the hallway was cleaned after the murder of Meredith Kercher. And the Micheli and Massei courts believed only one person had the motivation to hide this evidence: Amanda Knox.

Here is a summary of Judge Micheli’s October 2008 indictment finding.

In Judge Massei’s December 2009 trial finding for the original conviction of Knox and Sollecito, he also writes about the clean-up that the judges believed to have happened:

Further confirmation is constituted by the fact that, after Meredith’s murder, it is clear that some traces were definitely eliminated, a cleaning activity was certainly carried out. In fact, the bare foot which, stained with blood, left its footprint on the sky-blue mat in the bathroom, could only have reached that mat by taking steps which should have left other footprints on the floor, also marked out in blood just like (in fact, most likely, with even more [blood], since they were created before the footprint printed on the mat) the one found on the mat itself. Of such other very visible footprints of a bloody bare foot, on the contrary, there is no trace. (Massei, Dec 09; PMF translation)

In defense of Guede, Knox, and Sollecito, some might try to claim that Guede heard about blood in the hallway in the news. Rudy Guede was arrested 18 days following the murder of Meredith Kercher. During that time he had access to read the news and watch reports.

I have searched for articles in the period between November 2nd and December 18 which mention blood. All of the articles I have found so far discuss blood in the bedroom or the bathroom. One or two discuss footprints leading to the front door.

None of them discuss blood in the hallway that would justify a statement from Guede of “tutto quel sangue nel bagno e sul corridoghe” (all that blood in the bathroom and in the corridor)

Guede himself said he went between the bedroom and the bathroom, so may have tracked blood into the bathroom and therefore known blood would be found in the hallway.

Even that knowledge however confirms a clean-up, as there was not a trail of blood between the bathroom and Meredith’s room that justifies the footprint on the bathmat and blood found in the bathroom.

I have my own questions as a result of Guede’s knowledge of blood in the hallway:

Could the attack have started in the hallway? Could the first blood shed have been on the hallway tiles?

The prosecution and courts argue that Amanda Knox had a role in the attack and murder. Knox and her supporters are very adamant that there is no trace of Knox in Meredith’s bedroom. While the courts argue otherwise, could Knox’s role have been limited to the hallway?

Sadly, we may never know the full truth of what happened on the evening of November 1st, 2007.

My timeline of media reports on blood

  • Nov 2nd: Meredith Kercher found. Blood found in bathroom.
  • Nov 5th: Police analyzing traces of blood from apartment below.
  • Nov 5th:  A “trail of blood” is on the inside handle of the door to the apartment.
  • Nov 7th: reports of Amanda Knox’s statements, includes finding blood in the bathroom.
  • Nov 14th: Police use of Luminol at Sollectio’s house. First reports on the knife seized by police from Sollecito’s house.
  • Nov 19th: Analysis of blood in bedroom (pillow, bra, etc).
  • Nov 22nd: Guede’s prints in blood.
  • Nov 27th: Amanda Knox’s blood on bathroom tap.
  • Nov 28th: Blood in bathroom.
  • Dec 5th: Reports of Guede’s letter to father: “there was so much blood”.

My timeline of main events involving Guede

  • Nov 2nd, 2am ““ 4:30 am: Guede seen by witnesses at Domus nightclub.
  • Nov 3: Guede leaves Perugia for Germany
  • Nov 11: Guede’s cell phone tracked in Milan (Corriere)
  • Nov 12: Newspaper reports a 4th suspect.
  • Nov 19: Guede identified as suspect in newspapers
  • Nov 19: Guede skype conversation with friend.
  • Nov 20: Patrick released from prison.
  • Nov 20: Guede arrested while trying to return to italy on train in Germany.
  • Nov 21: Guede interrogated by German police; Guede admits to being at apartment, blames an italian man for murder.
  • Nov 20-Dec 5: Guede writes diary in German prison.
  • Dec 3:  Germany grants Guede’s extradition back to Italy.
  • Dec 6: Guede returns to Perugia.
  • Dec 7: Guede interrogated by Magistrate.
  • Dec 14: Guede ordered to remain in prison.
  • Dec 17: Knox is questioned by Mignini.
  • Dec 18: Police use luminol in apartment and find footprints in hallway and in Filomena’s bedroom.

Tuesday, October 22, 2013

The Meredith Case Wiki: A Highly Objective Summation Of The Case From Original Docs And Transcripts

Posted by James Raper





Some of our readers may not have noticed the new link to The Meredith Case Wiki to be found in the left hand column of this front page. I had not noticed it myself until recently.

This is an important link to a new website that is now a vital additional resource for those interested in understanding this case.

The website - The Murder of Meredith Kercher - is run by Edward McCall, with the assistance of other contributors, and TJMK is pleased to acknowledge and promote its distinctive and concise approach to presenting the facts of the case.

The site is modelled on the format of a page from the Wikipedia free encyclopedia.  As with a Wiki page it is easily navigable. The data presented under the various headings is the consequence of much research but it still remains a work in progress. Wherever possible the material used is referenced in footnotes.

It starts on the Main page with a Mission Statement and an Introduction to the case. It then considers the evidence and has a good section entitled Myths Debunked.

The reader can easily access significant court documents: the Massei Report, the Hellmann Report, the Galati Appeal and the Supreme Court of Cassation Motivations Report. There is an accessibly summary of the Matteini and Micheli Reports.

In particular, for the researcher, there is a most welcome section entitled Court Transcripts. Here can be found transcripts of witness testimony from the Massei and Hellmann trials, experts reports, and the various writings and testimony of Amanda Knox, Raffaele Sollecito and Rudy Guede. At least that is to be the hope ultimately as there exist a good number of gaps at present.

Already some of the witness statements have been translated from Italian to English but there are a number of transcripts still to be translated. If there are any translators who would wish to help, please contact us and we shall be pleased to put your name forward.

McCall wishes to acknowledge the massive contribution made by True Justice for Meredith Kercher. TJMK has perforce grown organically and exponentially over the years and has accumulated a breadth and wealth of data, in-depth analysis and informed comment on the case which is unsurpassed on the internet, or indeed anywhere.

It will continue to do so and report developments until the conclusion of all aspects of the case.


Tuesday, October 08, 2013

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

Posted by Marcello




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

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

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

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

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

2. Evidence Against You Is Far, Far Stronger

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

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

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

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

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

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

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

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

3. The Numerous Questions From Which You Hide

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

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

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

    3) Why did Guede not check the cottage to make sure no one was there before attempting the break-in? Surely he would have verified that no one was present by circling the cottage and checking if any lights were on in the windows.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


4. Italy Is Not Buying The Racist Mantra

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

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


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










Friday, April 19, 2013

Tip for The Media: In Fact Guede Absolutely Couldnt Have Attacked Meredith Alone

Posted by Cardiol MD



[Bongiorno in 2011 trying to rattle an unshakable Guede claiming Knox and Sollecito did the crime]


The convicted murderer Rudy Guede to this day claims that Meredith let him into the house, so we cut him no slack for that.

But at the same time he was no drifter or serial knife carrier, he had no police record in 2007 (unlike Knox and Sollecito), and no drug dealing or breaking-and-entering has ever been either charged or proved.

In October 2008 Judge Micheli mistrusted and sharply rebuked a witness who claimed it just might have been Guede who broke into his house.

Guede seriously discounted his role on the night of Meredith’s death, but some physical evidence (not a lot) proved he had played a part in the attack. Thereafter his shoeprints lead straight to the front door.

Neither Judge Micheli nor Judge Massei nor the Supreme Court believed he acted alone or had any part in the very obvious cleanup that had been carried out.

The Knox and Sollecito defenses failed miserably to prove he climbed in Filomena’s window, and they never even TRIED to paint him as the lone attacker. That is why in 2011 we saw two of the most bizarre defence witnesses in recent Italian legal history, the jailbirds Alessi and Aviello, take the stand

Alessi got so nervous in claiming Guede told him Guede did it with two others that he was physically sick and had to take time off from the stand.

Aviello claimed his brother and another did it (not Guede) but then claimed the Sollecito family via Giulia Bongiorno floated bribes in his prison for false testimony.

Tellingly, although Bongiorno threatened to sue Aviello, she never has. Even more tellingly, Judge Hellmann himself initiated no investigation and simply let this serious felony claim drop dead.

Here is a non-exhaustive list of 20 reasons why Rudy Guede did not act alone, and why not one scrap of evidence has ever been found for any other two other than Knox and Sollecito themselves. 


1.    Included in Guede’s Supreme Court’s Sentencing Report was the fact that Meredith sustained 43 wounds

This fact was omitted from the Hellmann & Zanetti [H/Z] Report, for reasons that readers can only guess. This fact was also omitted from the Massei Report, probably out of humane respect for the feelings of Meredith’s family.

Its inclusion in the Supreme Court’s Report reflects the report’s factual completeness.  The PMF translation reads, in relevant part:

c) The body presented a very large number of bruising and superficial wounds ““ around 43 counting those caused by her falling ““ some due to a pointed and cutting weapon, others to strong pressure: on the limbs, the mouth, the nose, the left cheek, and some superficial grazing on the lower neck, a wound on the left hand, several superficial knife wounds or defence wounds on the palm and thumb of the right hand, bruises on the right elbow and forearm, ecchymosis on the lower limbs, on the front and inside of the left thigh, on the middle part of the right leg, and a deep knife wound which completely cut through the upper right thyroid artery fracturing the hyoid bone”¦.

Including the number of minutes occupied by an initial verbal confrontation, the escalation of that confrontation into taunting and then the physical attack, leading to the infliction of 43 wounds, and to the fatal stabbing, how many minutes would all of this occupied?

The prosecution estimated it took fifteen.


2.    Meredith had taken classes in dance and played sports (football, karate)

See the Massei Translation, p23


3.    Meredith was a strong girl, both physically and in terms of temperament

See the statements by her mother and by her sister Stephanie (hearing of June 6, 2009). and description of her karate “sustained by her strong character” (Massei Translation, pp23, 164, 366, and 369).


4.    Meredith must have been “˜strongly restrained’

See the Massei Translation, p371; p399, in the original


5.    Meredith she remained virtually motionless throughout the attack

That was in spite of Meredith’s physical and personality characteristics [Massei Translation p369]  [Massei Translation p370-371].


6.    The defensive wounds were almost non-existent

See the report of Dr Lalli, pp. 33, 34, 35 with the relevant photos. Massei Translation p370.


7.  One killer alone could not have inflicted the 43 wounds with so few defensive wounds.


8.    There must necessarily have been two knives at the scene of the crime

See the Massei Translation p377.


9.    A lone killer would have to use at least one hand/arm to restrain Meredith, and the other hand to hold one knife.

To use 2 knives a lone killer would have to place 1 knife down, leaving blood-stain[s] wherever it was placed, and then reach for the other knife. Even wiping the blades on the killer’s clothes, using the one hand, and later scrubbing of the knives would not erase all the blood, as has already been demonstrated.


10.    Two killers could divide their attacks by one killer using both hands/arms to restrain Meredith

Meanwhile the other killer used one hand/arm to restrain Meredith, and the other hand to use the various knives. Could a lone killer accomplish all that?


11.    The clothes that Meredith was wearing (shoes, pants and underwear) had been removed.

See the Massei Translation p.370

“It is impossible to imagine in what way a single person could have removed the clothes that Meredith was wearing (shoes, pants and underwear), and using the violence revealed by the vaginal swab, could have caused the resulting bruises and wounds recalled above, as well as removing her sweatshirt, pulling up her shirt, forcing the bra hooks before tearing and cutting the bra.” [Massei Translation p.370]



12.    Meredith’s sweatshirt had been pulled up and removed.

See the [Massei Translation p.370


13.    Meredith’s bra had been forcibly unhooked

See the Massei Translation p.370


14.    Meredith’s bra had been torn

See the Massei Translation p.370


15.    Meredith’s bra had been cut

See the Massei Translation p.370


16.    Violence to Meredith was revealed by the genital swab.

See the Massei Translation p.370

.
17.    In the H/Z Appellate Proceedings, not only did Sollecito’s Lawyers not allege a lone killer

They themselves brazenly introduced false testimony to the effect that there were two other killers.


18.    Even H/Z did not deny the complicity of Amanda Knox and Raffaele Sollecito.

Even H/Z seemed to conclude they are probably guilty, but not beyond a reasonable doubt:

“¦ in order to return a guilty verdict, it is not sufficient that the probability of the prosecution hypothesis to be greater than that of the defence hypothesis, not even when it is considerably greater, but [rather] it is necessary that every explanation other than the prosecution hypothesis not be plausible at all, according to a criterion of reasonability. In all other cases, the acquittal of the defendant is required.” [H/Z p.92]



19.    Judge Micheli, in Guede’s trial, found that Guede did not act alone

And that the evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.


20.    Judge Massei’s court found that the evidence implicated Amanda Knox and Raffaele Sollecito

He concluded they were joint perpetrators with Rudy Guede in the murder of Meredith Kercher


Overwhelming, right? Is it really reasonable to claim as Sollecito did in his book that Guede was a lone-killer?  Doesn’t all this contradict the lone-killer theory beyond a reasonable doubt?


Saturday, January 12, 2013

How Much Or How Little To Blame Rudy Guede? The Defenses’ Immense Headache Coming Up

Posted by Cardiol MD



[Photo by Andrea Vogt as in December 2010 Supreme Court decides that Rudy Guede didnt act alone]


On a scale of 0% to 100% how much of the blame for the crime against Meredith has been heaped on Rudy Guede?

Well, it sure varies.

In trial court and first-appeal court it was never ever 100%. Seemingly very scared of the harm Guede could do to their clients, if they provoked him into telling all, defense lawyers have acted consistently since 2008 and more-so since December 2010 as if they walk on eggshells around him.

In fact among the defendants and their teams only ONCE was Guede ever blamed 100%. 

Sollecito’s bizarrely-titled Honor Bound 2012 book, the factually unchecked one which now is causing him and his defense team so much trouble, was the first instance ever among those accused to try to blame Guede for the crime 100%.

Our next post will look at the categoric claims against Guede in that book. Meanwhile, here, let us start at the beginning.

Commencing from when they were arrested, Amanda Knox pointed decisively at a black man, but of course she pointed at the wrong one: Patrick Lumumba. Make that 0%. Not long after they were arrested, Knox and Sollecito were strongly questioning the role of one another. So 100% against each other, but still a zero against Mr Guede.

In his messages from Germany Guede blamed two hasty intruders though he had no choice but to say he was there. Perhaps 33% at this point.  After Guede was captured, Sollecito implied that they were at the crime scene together because he was worried that Guede would implicate him. Make that 50%.

At Guede’s short-form trial In October 2008, Judge Micheli blamed Guede 33% too. In sending Knox and Sollecito to full trial he dismissed the lone wolf theory (never really to be revived in court again) and he tentatively believed the evidence pointed to their being equally guilty.

In fact Judge Micheli tentatively blamed Knox for instigating both the attack on Meredith and the rearrangement of the crime scene.  In effect he allocated 50% of the blame to Amanda Knox and 25% each to Guede and Sollecito. 

Throughout trial in 2009 the Knox and Sollecito defense teams seemed to take great care not ever to blame Guede 100%, perhaps because (for murky reasons not made public) Rudy Guede had refused to testify against their clients.

Judge Massei assigned Guede 33% of the blame as he concluded that Guede had initiated the attack but that Knox and Sollecito had wielded the knives and that one of them had struck the final blow. 

During trial and thereafter, the defense lawyers for the three were often on Italian TV and as our main poster the Italian lawyer Cesare Beccaria exhaustively charted in a four-part series, each “gently” blamed the other two.

We can assume that is either 33% or 50% but never more than that.

On February 24. 2011, in the Supreme Court report, on its rejection of Guede’s final appeal of his sentence for involvement in killing Meredith, blamed Rudy Guede and two others equally. Some 33% of the blame each.

The Supreme Court relied upon three facts: the physical evidence of Guede’s presence at the flat, Guede’s actual admission of his presence, and Guede’s implicit admission of shared-guilt in his documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 (“I was scared that they would say I was the only guilty person”).

In a nutshell, the situation at the start of the Sollecito and Knox appeal before Judges Hellmann and Zanetti in 2011 was this:

  • The Supreme Court had decided that Rudy Guede acting ALONE could not have attacked Meredith with several knives over an estimated 15 minutes, left so little physical evidence upon her, staged the break-in via the absurd route of Filomena’s window while leaving zero DNA in her room, placed Sollecito’s DNA on Meredith’s bra clasp, engineered several traces of Knox’s and Sollecito’s footprints outside the room, and placed the mixed DNA of Meredith and Knox in several different locations outside Meredith’s locked door.
  • But there remains zero evidence that perps two and three which the physical evidence strongly pointed to were anyone other than Knox and Sollecito. There’s really not one speck of hard evidence to the contrary. Defenses somewhat desperately tried to engineer some at first appeal from the seemingly perjured testimony of jailbirds Alessi and Aviello and some smoke-blowing over the DNA testing, but in terms of HARD evidence came up empty-handed. Alessi did a meltdown on the stand, while Aviello turned completely cuckoo, and Judges Hellmann and Zanetti had to invent arguments frantically to dig Knox and Sollecito out of that hole.

I have done a series of posts (to be read from the bottom upward) on the Hellmann-Zanetti outcome covering many other aspects of their strange arguments.

Back in late 2010 some of us at TJMK were impressed at the alacrity with which Judge Hellman selected Conti and Vecchiotti.

We were thinking that “he had already thought it all out” [we seem to have got that-much right], and that he was “being prudently responsive to the legal and political pressures bearing down on him, and knows the ruling also calls the defendants’ bluff.”

I had posted that the defenses of Knox and Sollecito seemed to be trying to exclude evidence that they themselves tried to destroy, essentially on the grounds that their destructive attempts failed to destroy all of it, and left behind only some of it.  Their argument had boiled down to whether the disputed DNA evidence is more unfairly prejudicial than probative.

It was my opinion that because it was the defendants’ deliberate conduct that nearly succeeded in extinguishing all their DNA, any US and UK courts would admit this highly relevant evidence, and let the participants duke out its fairness, in open court, in front of a jury.

I had thought that was what the Massei Court had already done, and was what the Hellmann/Zanetti court was then doing. The Hellmann/Zanetti court was doing that - but that was not all it was doing, as we now know and regret.

I had believed that the defendants would bitterly regret their petition for such DNA Expert-Opinion Review.  We should know in March 2013 if they regret it at all, let alone “˜bitterly’. So far they may not, but Sollecito’s current venture into special-pleading journalism in his book seems likely to accelerate their journey to a bitter and regretted destiny.

We were less impressed with how Judge Zanetti started the appeal hearings.

To his eternal discredit Judge Zenetti uttered words to the effect that “the only thing that is “˜certain’ in Meredith’s case is that Meredith is dead.” Nothing else. In effect, illegally promising a whole new trial at appeal level - very much frowned on by the Supreme Court.

Unless the word “˜thing’ is a mistranslation, that is not the only thing that was already certain in Meredith’s Case; Many Things were then certain in her case. 

For example, it is certain that the first-ever documented references to Meredith’s scream just before she was killed had already come both from the mouth of Amanda Knox herself, and from the hand of Amanda Knox, in the case of her contemporaneous personal hand-written notes.

Guede, himself, had certainly already made a documented reference to Meredith’s scream.

It was also certain that Guede had made documented references to his actual presence when Meredith screamed.

Some of these already-certain facts inconveniently undermined Hellmann’s and Zanetti’s already-assumed conclusions, so they then proceeded in-turn to undermine the “˜reliability’ of those facts, e.g. “˜it is not certain that the scream was Meredith’s scream; it could have been someone-else’s scream’; or even Amanda’s scream?

The Massei court had exhaustively presented the evidence from all sources in their conclusion that Knox and Sollecito were the ones who shared Guede’s guilt. But Hellmann/Zanetti then contradicted ALL the previous finders-of-fact with regard to Guede, essentially using five ploys in arguing:

  • That Guede was Unreliable: “for example, in the questioning before the Prosecutor, he denies being known by the nickname of Baron, “¦.so as to result in a version completely incompatible with the reality of the facts as perceived and heard…” [Is that ever giving birth to a mouse?], and
  • That the Supreme Court had “held Rudy Guede to be an Unreliable person”, and
  • That “therefore, among the evidence against the two accused, the testimony given at the hearing of June 27, 2011 by Rudy Guede cannot be included because it is Unreliable, nor can the contents of the letter written by him and sent to his lawyers”, and
  • That concerning Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 “”¦ the contents of the chat between Rudy Guede and his friend Giacomo Benedetti on the day of November 19,  2007,  also listened to by the Police,  can be considered in favour of the two accused”, because “he would not have had any reason to keep quiet about such a circumstance,”
  • And that “So, in the course of that chat with his friend….. Rudy Guede does not indicate in any way Amanda Knox and Raffaele Sollecito as the perpetrators…..” and “.....he would not have had any reason to keep quiet about such a circumstance….. he being…. certainly the perpetrator….. of the crimes carried out in via della Pergola, that if Amanda Knox and Raffaele Sollecito had also participated, that he would at that moment have revealed this to his friend.”

So, summarising Hellmann and Zanetti, they have absurdly argued a contradiction:

  • Because of Guedes notoriously unreliability, the public evidence in which he did accuse Knox and Sollecito cannot be considered as evidence of their guilt, but
  • In spite of Guede’s notorious unreliability, because Guede did not accuse Knox and Sollecito in a private conversation this must be considered as conclusive evidence of their innocence.

We are not the audience to which Dr Galati’s appeal against Hellmann and Zanetti to the Supreme Court is directed. Most of us probably have some difficulty with its legalese, translated into English, so bear with it.

Dr Galati’s appeal against Hellmann and Zanetti refers to Guede’s documented Skype InstaMessage to Giacomo Benedetti on Nov. 19, 2007 as follows:

The Hellmann/Zanetti court, “has”¦ made “¦. completely anomalous use of the Skype call, accepting it for the time of Kercher’s death, but not for other circumstances which are also extremely relevant for judgment purposes, but which have been totally ignored.

In fact, in the call, Guede recounts having heard Meredith complaining about her missing money and of her intention of asking Ms Knox, with whom she had quarrelled, for an explanation (p. 10 of the call [transcript]), of having seen Meredith look in vain for the missing money in her drawer (p. 18), then of having seen Meredith look, still in vain, for her missing money in Amanda’s room (pp. 18-19 of the call [transcript]), and of having heard a girl enter the house, who could have been one of the roommates, thus Amanda (p. 11 of the call [transcript]), while the Ivorian found himself in the bathroom, just before hearing Meredith’s terrible scream which would have caused him [59] to exit the bathroom, about five minutes after the girl’s ingress (p 12 of the call [transcript])”... .

The Court has, in practice, without reason thrown the responsibility onto Guede for throwing the rock and clambering in (see pp 121-122 of the appealed judgment): in the same Skype call, Guede, however, repeatedly denies having seen the broken window in Romanelli’s room during the whole time in which he was in the house at Via della Pergola on that evening (pp 8, 20, 34 of the call [transcript]). Not only that: Rudy Guede also said that he was at Knox’s many times”› (pp 88 of the call [transcript]).

If the Court held the Ivorian citizen to be sincere in the tele-conversation with his friend Benedetti, then why not also believe him when he denies having broken in, or when he recounts Meredith having it out with Amanda, or when he says that he had been at the latter’s place many times”›?

Dr Galati’s appeal to the Supreme Court argues that the Hellmann/Zanetti appeal judgment, apart from being manifestly illogical, is manifestly contradictory with respect to the contents of the case file referred to (Article 606(e) Criminal Procedure Code). Here is what it says about their tortured interpretations of Rudy Guede.

And in the Skype call with Benedetti, intercepted unbeknownst to him, there emerge circumstances that confirm Guede’s court declarations. The Court takes the Skype call with his friend Benedetti into examination, valuing it “šin favour of the two accused”› both for what it does not say and also for what it does say, and this it does building from one, not only unexplained, datum but which would have taken little to deny: since Rudy was outside of Italy, he was in some sense safe”› and thus could well have been able to tell the whole truth (p 40 of the judgment).

Not in the least does the Court depart from the presupposition that in this call Rudy would have been telling the truth and, because in this call he would not have named the current defendants, these have got nothing to do with the homicide. The Court does not explain, though, that even in this call Rudy was tending to downplay his responsibility and, if he had named his co-participants, that would have easily allowed, by means of investigations and subsequent interviews, the bringing out of his causal contribution and of his responsibility.

[91] Of the things said in this Skype call, the Court seems at one moment to want to value the chronological datum from 9:00 PM to 9:30 PM to affirm that this would therefore have been the time of death of Meredith; successively, though the appeal judges, following the principle of plausible hypothesis, in relation to the outgoing calls on the victim’s English handset, have moved it to 10:15 PM, but they have not altered the reliability of the time indicated by Guede.

In truth, during the course of the conversation, Rudy recounts having heard Meredith complain about the missing money and of her intention to ask Knox, with whom she had argued, for an explanation (p 10 of the call); of having seen Meredith look in vain for the missing money in her drawer (see p 18); of having seen her search, again in vain, for the missing money in Amanda’s room (pp 18 and 19 of the call) and of having heard a girl enter the house ““ who must have been one of the flatmates, thus Amanda (p 11 of the call), ““ while he was in the bathroom, a little before hearing Meredith’s terrible scream which would have induced him to exit the bathroom, about five minutes after the ingress of the girl (p 12 of the call).

And also, on the subject of the break-in in Romanelli’s room ““ thrown without explanation onto Guede’s back (see the judgment being appealed from, at pp 121 and 122) ““ can remarks by the Ivorian citizen be found in the transcription of the intercept. Guede repeatedly denies having seen the broken window in Romanelli’s room for the whole time in which he was in the house at Via della Pergola that evening (pp 8, 20, 34 of the call).

If the [Appeal Court] had held as reliable what Rudy narrated in the Skype call relating to the time in which Meredith was killed, it supplies no reason at all, on the other hand, for why it does not believe him as well when he denies [92] having committed the break-in or when he recounts the quarrel of Meredith with Amanda.”

None of this changes my own beliefs that there are even many more things in evidence that are “˜beyond any reasonable doubt’.  For example:

  • It is beyond any reasonable doubt that Meredith was restrained by hands other than the knife-wielding hand(s); and that Meredith was restrained by the hands of two, or three persons as she was killed.
  • It is beyond any reasonable doubt that steps were taken to clean away smears made by Meredith’s blood in the place where she was killed, and tracks of Meredith’s blood transferred by her killers to other places.
  • It is beyond any reasonable doubt that steps were also taken to simulate a break-in that never-was.

In the next post, we examine Dr Galati’s appeal further and the strident claims against Guede made in Sollecito’s own book which contradict some of the positions of HIS OWN LAWYERS. Note that Dr Galati has argued in the appeal that it was ILLEGAL for Hellmann and Zanetti not to have taken the Supreme Court’s ruling on three perps fully into account and having innored it or brushed past it. 

Verrrry tough situation for defense counsel to be in.


Tuesday, October 11, 2011

Excellent Sunday Times Report On The Many Killer Questions The Second Appeal Next Year Might Answer

Posted by Peter Quennell



[Rome: St Peter’s and Vatican in foreground; Supreme Court large white building in right background by River Tiber]


It really ain’t over until it’s over, and knowing the hyper-cautious Italian justice system, maybe not even then.

Now the drama moves to Rome.

Before any verdict and sentence in the case can become final, under Italian law and the constitution the verdict and sentence must be endorsed by the Supreme Court of Cassation.

If either the prosecution or defenses demand that issues be looked at by Cassation (as we know, the prosecution will) Cassation will do so, and it may punt the case back down to the first appeal court to re-examine questions or even run a complete re-trial at first appeal level.

At Cassation level the prosecution is likely to have at least five advantages.

    1) A confusing Hellman sentence report seems likely which won’t be able to dispose of the Massei and Micheli reports because the Hellman court did not re-examine all issues

    2) Cassation’s ruling on the final appeal of Rudy Guede which points to three perps, and Cassation’s general tendency to side with trial courts against first-appeal courts.

    3) The likelihood that only the prosecution will file issues for consideration by Cassation and not the defenses and so the prosecution will dominate all proceedings.

    4) Amanda Knox and Raffaele Sollecito and entourages seem unlikely to be there in person for the Cassation hearings or a retrial, and emotive factors would be less in play.

    5) The Italian media and Italian public opinion and increasingly UK and US opinion seem to be taking the position that the Hellman appeal decision was unsatisfactory.

Two days ago, the Sunday Times ran this fine analysis below by their reporter on the case, John Follain, of the open issues that will be facing Cassation and possibly again facing the lower appeal court. 

With a dozen books out John Follain has by far the largest and most impressive book publishing record of any reporter on the case.

Publishers Hodder and Stoughton have announced that his book Death in Perugia: The Definitive Account of the Meredith Kercher Case will be released first in the UK later this month - on 25 October.

KILLER QUESTIONS; The acquittal last week of Amanda Knox only deepens the confusion surrounding the murder of the British student Meredith Kercher. John Follain, who has investigated the case for four years, unpicks the evidence How could one man pin Meredith down and inflict those injuries?

By John Follain in Perugia.

They may have been coached to hide their true feelings, but the expressions of the judges and jurors were an open book. Surprise and shock registered on the faces of the appeal tribunal in Perugia as they watched a video taken by the forensic police who searched the whitewashed cottage where Meredith Kercher was murdered.

That summer’s day in the medieval, vaulted Hall of Frescoes was the pivotal scene of the 10-month appeal trial of Amanda Knox, 24, and Raffaele Sollecito, 26 “” the moment that freedom suddenly became possible, if not probable, for the former lovers.

The rotund, bespectacled Stefano Conti, one of two specialists in forensic medicine appointed by the court to review two crucial traces of DNA evidence, gave a sardonic running commentary on the behaviour of the Roman scientific squad searching for clues in the cottage. They failed to use clean protective gloves to handle each item of evidence or biological sample, Conti pointed out. They passed Meredith’s bra clasp to one another before placing it back on the floor where they had found it. The officer who picked up her bra wore no gloves at all.

As the senior appeal judge, Claudio Pratillo Hellmann, recalled last week after acquitting Knox and Sollecito of sexually abusing and murdering Meredith, the DNA review was “the most difficult moment” of the trial.

“The prosecutors understood that their case was at risk, and it was at that moment that the trial became a battle with no holds barred,” he said.

The courtroom fight over this international cause célèbre ended with a sobbing Knox being rushed out by guards and flown home to a heroine’s welcome in Seattle.

But, far from resolving the mystery of how and why Meredith died, the acquittal has fuelled the unanswered questions over her fate. Are we “back to square one”, as Meredith’s brother Lyle said after the verdict? What are the mysteries still to be resolved? And will we ever know what truly happened? MEREDITH, a 21-year-old language student from Coulsdon, Surrey, was found lying virtually naked, her throat cut, in her bedroom in the house she shared with Knox and two other young women on the afternoon of November 2, 2007. “Case closed,” an overoptimistic police chief proclaimed just four days later.

The investigators thought Knox had handed them the keys to the mystery. Under questioning she placed herself at the crime scene on the night before the body was found. She had been in the kitchen, with her hands over her ears, she said, while Patrick Lumumba, a Congolese bar owner for whom she worked as a waitress, killed Meredith.

Police promptly arrested Lumumba, Knox and her boyfriend. But Knox later went back on her testimony, insisting she had been with Sollecito at his flat all night.

Investigators were forced to release Lumumba after witnesses testified he had been working at his bar on the night of the murder. Knox and Sollecito stayed behind bars.

Forensic evidence then prompted the arrest of another African immigrant, Rudy Guede, an Ivory Coast drifter. Part of his palm print was on a cushion under Meredith’s body, his DNA was in her body where he had apparently groped her sexually, and his DNA was mixed with hers in drops of blood inside her shoulder bag.

The prosecutor, Giuliano Mignini, accused Guede, Knox and Sollecito of killing Meredith when she resisted their attempts to force her into a sex game.

Certainly, there appeared to be compelling evidence that Knox was lying. She had tried to frame Lumumba. The defence now claimed that an intruder had broken into the cottage and attacked Meredith; but the break-in had clearly been staged. Amateurishly, a room had been ransacked before the window into it was smashed “” the glass lay over the strewn clothes instead of under them. Was this to cover Knox’s tracks? There were mixed traces of Knox’s and Meredith’s blood in the bathroom and another room. Bloody footprints had been left by Knox and Sollecito in the bathroom and in the corridor. Knox had behaved bizarrely at the police station after the murder, kissing and caressing Sollecito and doing yoga exercises. Sollecito had said he spent much of the murder night on his computer, but this was disproved by experts.

Still, this was all circumstantial evidence rather than proof. The Rome forensic police came to the rescue of the prosecution team. They reported that Meredith’s DNA was on the blade of a kitchen knife found at Sollecito’s flat “” and Knox’s was on the handle. This was believed to be one of the murder weapons.

Forensic pathologists said Meredith’s wounds had been caused by two knives, pointing to more than one killer. The team from Rome also reported that Sollecito’s DNA was on Meredith’s bra clasp. (Only much later would it emerge that the police had retrieved this from the bedroom floor a full 46 days after first spotting it.) The case rapidly became a sensation. The prime suspect was an intelligent and alluringly pretty American, only 20 at the time, who, reporters joyously discovered, had been nicknamed “Foxy Knoxy” back home in Seattle. That this was for her skills on the soccer pitch was lost in the rush to find out more.

Dozens of witnesses and expert consultants passed through Perugia’s Hall of Frescoes during the first trial, which lasted for much of 2009.

Knox was portrayed by the lawyer for the bar owner, Lumumba, as an unscrupulous and manipulative she-devil, and by her defence team as “a wholesome girl” wrongly accused.

The prosecution case was that Kercher, a hard-working young woman from a modest background, had become exasperated by Knox’s slovenly and promiscuous behaviour as a housemate.

She had remarked to her father that “Amanda arrived only a week ago and she already has a boyfriend”. She told friends that Knox left a vibrator and condoms in the bathroom and brought “strange men” to the cottage. Investigators leaked Knox’s diary, in which she had listed seven sexual partners, three of whom she had slept with after her arrival in Italy, including a man she had met on the train on her way to Perugia. On Facebook she had put down as her interests: “Men.” Unable to prove exactly what had happened on the night of the murder, Mignini offered a plausible scenario based on Meredith’s 43 knife wounds and bruises.

He suggested that an argument between Meredith and Knox escalated when Guede and Sollecito joined the American “under the influence of drugs and maybe of alcohol” in trying to force Kercher into a heavy sex game that ended in murder. The sensational 11-month trial ended in guilty verdicts and jail sentences of 26 years for Knox and 25 years for Sollecito.

Some months later, in August 2010, I met Knox briefly in Capanne women’s prison, which is a short drive from Perugia. She had cut her hair and looked younger and more frail than during her trial. She wore a red Beatles sweatshirt, black leggings and silver nail varnish.

When I arrived, she was pushing a trolley down a corridor.

A guard explained that her job was to collect orders from other prisoners for small goods they could buy: newspapers, cigarettes, coffee, magazines and “” at that time of year “” strawberries. We were allowed to talk for only a few moments, but a guard told me: “She’s pretty well. Amanda’s confident that the future will bring freedom for her. She doesn’t break down in tears. It’s nothing like the night of tears after the verdict, when we had to comfort her.”

I was told she had been reading “” in Italian “” the 427-page summary by the two judges at her trial, who had dissected the inconsistencies in her evidence.

This summary included the judges’ own reconstruction of what might have happened on the night of the murder, based on the evidence that had been put before them.

They suggested that Knox, Sollecito and Guede had arrived at the cottage at about 11pm. Knox and her boyfriend had gone to her bedroom to have sex, and, excited by a situation “heavy with sexual stimulus”, Guede had walked into Kercher’s room wanting to have sex with her.

Kercher rejected him “” she was tired, and had a new boyfriend anyway “” but Knox and Sollecito intervened to assist him. According to the judges, they were probably drugged on hashish and seeking “erotic sexual violence”. Forcing Kercher to yield to Guede was a “special thrill that had to be tried out”.

They suggested Sollecito cut Meredith’s bra with a small knife he always carried “” collecting knives was a hobby. As Guede sexually assaulted Kercher with his fingers, Sollecito stabbed her in the neck. Kercher screamed “” a neighbour heard her “” and Knox stabbed her in the throat with a kitchen knife, the judges argued. She took several minutes to die as she inhaled her own blood.

THAT was the lurid and damning case that Knox had to fight when she returned to the Hall of Frescoes last November for her appeal.

Her demeanour had changed. Gone was smiling and self-confident “Foxy”, whose manner may have helped secure her conviction. After three years in prison, Knox was much more demure.

The appeal hearing began auspiciously for her when the deputy judge remarked: “The only certain and undisputed fact is the death of Meredith Kercher.”

The comment prompted prosecutors to complain that the court had already made up its mind, but it was a portent of what was about to be revealed.

The appeal court’s decision to grant a defence request for an independent review of two items of DNA evidence “” the kitchen knife and the bra clasp “” proved devastating for the prosecution’s case.

The two experts “” Conti and Carla Vecchiotti, from La Sapienza University in Rome “” said the DNA trace on the knife blade could not be attributed to Meredith because it was too slight. They said Sollecito’s Y chromosome was on the bra clasp, but it could have been the result of contamination by police mishandling of the evidence. From then on, the prosecutors fought a losing battle to discredit Conti and Vecchiotti.

Outside the courtroom the Knox camp’s media offensive exploited the experts’ conclusions.

Knox’s family “” her mother, father, stepfather and friends “” had come well primed for battle. Homes had been remortgaged and funds raised.

With the help of a PR company in Seattle, they dominated prime-time shows on the leading American TV networks, dramatically influencing public opinion there “” so much so that the prosecutor Mignini thundered in court that he had never seen a convict hire a PR firm to prove her innocence.

Mignini himself was a key target. In what appeared to have been a turf battle with prosecutors in Florence, he had been given a suspended 16-month prison sentence for abuse of office after tapping the phones of police officers and journalists in a separate investigation into a serial killer. It was a reflection of the fragmented and politicised condition of the Italian justice system.

The prosecutors tried but failed to switch the focus away from the forensic evidence by introducing Guede, the third party to the murder. He had been prosecuted separately because he had opted for a “fast track” trial that offers a lighter sentence as an incentive. Jailed for 16 years for murder, he had appealed to the Supreme Court in Rome “” Italy’s highest court “” which confirmed his conviction, ruling that Guede had sexually abused and murdered Kercher with “unidentified accomplices”.

This was an insight into the mystifying processes of Italian law. How could justice be served by trying Guede separately? Why had he not been brought to give evidence at the first Knox trial? Why were his accomplices “unidentified” when Knox and Sollecito had been convicted of joining him in the murder? The answers lay in the fact that his supreme court appeal started just after Knox’s appeal began in Perugia “” and the two cases overlapped, a bizarre way of seeking out the truth.

Once Guede’s Supreme Court appeal had been dismissed he was summoned to the witness box in Perugia, where his contribution was damning yet so limited that it did not sway the judges and jury.

Rather than taking him through the events of the killing, Mignini read out a letter in which Guede had written of “the horrible murder of a ... wonderful girl by Raffaele Sollecito and Amanda Knox”. Challenged by one of Knox’s lawyers, Guede stood by the letter, saying: “It’s not as if there is my truth, and the truth of Tom, Dick and Harry. What there is is the truth of what I lived through that night, full stop.”

A lawyer for the Kerchers detailed the injuries Meredith suffered, arguing it would have been impossible for Guede to hold her down, sexually assault her, try to suffocate her, try to strangle her and wound her with more than one knife.

But it was too late. The appeal panel of judges and jurors had made up their minds. A juror confided after the “not guilty” verdicts had been delivered that the court had decided to acquit because of doubts over the forensic evidence, and because it saw no motive for the murder.

Pratillo Hellman explained: “To convict, the penal code says you have to be persuaded beyond every reasonable doubt. The smallest doubt is enough to not condemn.”

But he added enigmatically: “Maybe Knox and Sollecito know what happened that night, because our acquittal verdict stems from the truth which was established in the trial. But the real truth can be different. They may be responsible, but there isn’t the evidence… So, perhaps they too know what happened that night, but that’s not our conclusion.”

The judge’s comments earned him a new nickname, which investigators texted to each other delightedly: “Pontius Pratillo”, after Pontius Pilate, who washed his hands of responsibility for the execution of Jesus Christ.

The prosecution scored one potentially significant victory. The court found Knox guilty of slandering the former bar owner Lumumba by initially claiming he had killed Kercher. It sentenced her to three years in prison, but released her as she had spent almost four years behind bars.

“That’s absurd, absurd,” Mignini fumed. “Knox accused Lumumba to throw the police off her tracks. Why else would she accuse him?” IN PERUGIA, at least, the prosecution can count on overwhelming backing. After the verdict, a crowd several thousand strong massed outside the courts, amid jeers at defence lawyers and chants of “Assassini, assassini!” (murderers, murderers) and “Vergogna, vergogna!” (shame, shame). In bars across the picturesque city, and on the main cobbled street, Corso Vannucci, many dissected the case for days afterwards “” the consensus was that Knox and Sollecito were at the cottage when Meredith died, but no one agreed on what role they played.

For the Kercher family no outcome could have been more bewildering. As Knox flew home, Meredith’s mother Arline, her brother Lyle and her sister Stephanie spoke to me.

“It almost raises more questions than there are answers now,” Lyle said, “because the initial decision was that [the murder] wasn’t done by one person but by more than that. Two have been released, one remains in jail, so we’re now left questioning: who are these other people or person?” Did they believe that Knox and Sollecito were guilty? “In a way we have to believe what the police say because they are the ones compiling the evidence,” Arline replied. “We haven’t a clue. I think that’s what he was saying. It’s the police “” it’s their job.”

“It’s difficult for anybody to make a valid opinion on any case, not just this one, unless you’re a trained expert,” Lyle echoed. “There are forensics, detectives, psychological profilers and so on, who are trained to do this and read the information and draw the hypotheses from that, which of course no lay person really is. So if that’s the conclusion they come to, then we’re happy to stand by that.”

“We have to accept, don’t we, just like now we have to accept this,” Arline said.

“And that’s why it’s so disappointing, because we don’t know,” Stephanie added.

It is not over for the Kerchers.

Last week’s acquittal is far from the last word on the case. The judges have 90 days to draft a report explaining the reasons for the verdict. Then the prosecution and the defence will have a further 45 days to lodge a new and last appeal. Only rulings by the Supreme Court are considered definitive in Italian justice.

Guede’s lawyers said he would appeal for a new trial if the Supreme Court confirmed Knox’s acquittal “” on the grounds that it would contradict the Ivorian’s conviction for killing Meredith alongside unidentified accomplices. “So I’m supposed to be Meredith’s only assassin?” Guede is reported to have told a prison visitor. “I’m supposed to have struck that poor girl with a knife 40 times? I confessed my responsibilities and I accused those who were in the house with me.

“I’m in prison, and the others are free and happy at home. If it wasn’t them in the house that damned evening, who are the other accomplices supposed to be? The money made available to Amanda and the media strategy helped to free her.”

Many investigators and lawyers admit privately that the Italian judicial system may simply never come up with a full and convincing explanation of Meredith’s death.

Italian justice is agonisingly slow. Judges and lawyers attend several trials in the same week, with the result that the appeal trial saw 20 days of hearings over no fewer than 10 months. It is also full of safeguards for defendants, including long preliminary hearings enshrined in the post-war constitution to eradicate the caricature of justice delivered by the courts under Mussolini.

Many of the most notorious cases in Italy’s post-war history have yet to be resolved in court. Silvio Berlusconi, the billionaire prime minister, is embroiled in a string of corruption, fraud and sex offence investigations and trials, and claims that leftist prosecutors are plotting to oust him.

This week Berlusconi will push through parliament a bill banning publication of phone and other intercepts before a case reaches trial “” a measure that has become a priority for him, as investigators are expected to release within a few weeks dozens of intercepts of reportedly embarrassing conversations between Berlusconi and a convicted drug dealer.

In such a climate Italian justice itself is on trial. The truth of what happened to Meredith Kercher may emerge one day, but it’s no safe bet that it will do so in an Italian court of law.


Friday, October 07, 2011

US And UK Media: Make RS & AK Answer The HUNDREDS AND HUNDREDS Of Open Questions

Posted by The TJMK Main Posters





It seems Judge Hellman has begun sweating.

Maybe Judge Hellman already sees as much of the Italian public and commentators do that he’ll have a REALLY tough time answering all the open questions in his December sentencing report as he is required to.

Constitutional requirement of Ministry of Justice never met?

That so many questions exist but are not generally even known about, especially in the US and UK, is because a key requirement of the usually very careful Italian justice system seems to have been (illegally) ignored.

The key requirement is built into the justice system by the Italian constitution. It is that trial and appeal sentencing reports MUST be made available to the maximum extent, so that the general public (usually only the Italian public) can readily check on the legitimacy of trial outcomes.

Italy is the only country in the world that has that public check and balance on trials.  Under that requirement, if it existed in the US, Barry Scheck of the US’s Innocence Project would likely find that most of the travesties of justice his team uncovers would never have happened in the first place.

Here is how things are meant to work. 

Back when the Micheli Report on the Rudy Guede sentence was released in January 2009 with Judge Micheli’s reasons for remitting Knox and Sollecito to trial it was released in THREE formats.

    1) It was released digitally (in a Word Doc) to the media with the one requirement that it not be posted in full. We translated most of our copy and posted an extensive summary (scroll down) in English in four parts (three by Brian and one by Nikki) in September 2009.

    2) It was released in printed document form by the Ministry of Justice in Rome and anyone in Italy could buy a copy.

    3) It was also posted on the website of the Ministry of Justice in text and Acrobat document format. It appears that this Internet version was checked out by hundreds of thousands and quite possibly even by millions.

Now when the Ministry of Justice in Rome released the Massei sentencing report for Knox and Sollecito (links at top of this page) in March 2010, they released it in only ONE format.

The Ministry of Justice released it ONLY on paper, and it was obtainable ONLY by the press and by those in the general public who managed to figure out how to buy a copy of the book-sized document from the Ministry.

To our knowledge the Ministry of Justice never ever posted the required Internet version.

The effect of this serious and seemingly illegal shortfall by the Rome Ministry has been that even in Italy few people have ever read the Massei Report. The number of Italian readers might be only in the hundreds and at most in the low thousands. Way, way less than ever read Micheli.

As a result only very few people in Italy may have ever realized how powerful, logically complete and conclusive that report is. Probably few or no peers of the lay judges in Perugia have ever read it. The most important document in the entire case is essentially unread.

In August 2010 a PMF team finished translating the Massei Report and made available the Masssei report in English in Acrobat format on the PMF forum and on TJMK.

In June 2011 Skeptical Bystander and a PMF team posted a Massei summary in text on TJMK and PMF.

This English language version has been downloaded close to 30,000 times and there are many people in the US and UK who are very well informed on the conclusions.  Every lawyer we know who has read the report has agreed that it arrived at the right conclusions. Many say and several do right here in these posts (scroll down) that the case would have been way more than enough for a US or UK conviction.

A slam dunk in effect. Evidence overkill.

But few of the busy people in the US and UK media have read the Massei Report and no one in the media to our knowledge has extensively analyzed or quoted from it. None of the books out so far go into the Massei Report in depth.

WHY did the Italian Ministry of Justice fail to fully distribute the Massei Report, and in particular not post it on their website? And is the Supreme Court of Cassation aware of this huge shortfall in its distribution?

This is such a serious mistake that our Italian lawyers believe that the Supreme Court or even the President of the Republic of Italy if he is petitioned could throw out the entire Hellman proceedings, verdict and sentence.

The hundreds and hundreds of open questions

Arising from the Massei Report are literally hundreds of questions for the released defendants and their teams. They have been around since early 2010. The defense teams and PR campaign have never ever tried to answer these questions, or for that matter to produce a convincing alternative scenario that hangs together implicating Guede but not Knox or Sollecito.

Here are four lists of the many, many outstanding questions.

Here from the Daily Beast are those ten questions with the Beast’s annotations showing how they are STILL unanswered:

1. Why did you and Raffaele Sollecito turn off your cell phones at the same time the night of Nov. 1, 2007, and on again at the same time the next morning? You told the police that you and Raffaele slept late the morning of Nov. 2, 2007, but phone records show that you both turned your phones back on very early that morning. How could that be? This question was never addressed fully in the appellate process except when Giulia Bongiorno for Sollecito said that perhaps the cat stepped on the phone and turned it on. At that time the prosecutor Manuela Comodi quipped, “I’ve got a dog and he has never done that.”

2. Why were you bleeding? Your lawyers agree with the prosecution’s findings that at least one of the spots of Meredith’s blood found in the house where she was killed had your blood mixed with it. Your mother told me that you had your period. Your stepfather told others that your ear piercings were infected. Which was it? Even if this mixed blood drop is contentious in its genetic makeup (all blood or blood mixed with DNA), the appellate court was shown a picture of a drop of blood attributed entirely to Knox on the faucet.

3. Once you realized your mistake in blaming Patrick Lumumba for Meredith’s murder, why didn’t you tell the authorities? You told your mother that you felt bad about it, so why didn’t you alert an official so Patrick could be set free?

4. Why did you go with Raffaele to the police station on Nov. 5, 2007? You were not called in for questioning. Did you realize at that time that you were both under suspicion?

5. Why weren’t your and Raffaele’s fingerprints found in your house after the murder if the two of you had spent time there that morning and the day before? Only one half-print on a glass in the kitchen has been attributed to you, yet you have claimed that you took a shower there that morning. How did you spend so much time there and leave virtually no trace? Much of the crime scene has since been determined to have suffered from sloppy investigative work, meaning the absence of fingerprints in any room of the house may be due to that rather than any sort of cleanup.

6. Why did you take the mop and bucket from your house over to Raffaele’s house? You told the prosecutor during your testimony in June 2009 that you took the mop and bucket to his house to clean up a leak under his kitchen sink. But by your own testimony, the leak was minuscule and could have been easily cleaned up without it. What were you really doing with the mop?

7. What would you do differently if you had a chance to rewind the clock back to Nov. 3, 2007? Would you go to the memorial service for Meredith? Would you still have gone to the police station with Raffaele? Would you have left for Germany when your aunt asked you to?

8. What do you think happened the night Meredith was killed? You have professed your innocence. Who do you think killed her and under what circumstance? Your supporters say Rudy Guede was the lone killer. Do you agree? Or do you think there are still others out there who were involved in your roommate’s murder?

9. What do you really think of the Italian justice system? You told an Italian parliamentarian that you got a fair trial, and you even thanked the prosecutors for trying to solve the mystery of Meredith’s death, but your supporters at home in Seattle maintain that the Italian system is corrupt and unfair. In your appellate hearing you said you lost faith in justice and the police. Now that you are out, what do you really think of the system that has both convicted and acquitted you?

10. Is there anything you wish you would have said in court during your (initial) trial (in which you were convicted)? You talked about your vibrator and about how you did not want an assassin’s mask forced on you. But in your final appeal after the closing arguments on Dec. 4, 2010, why didn’t you say the words, “I did not kill Meredith Kercher”? Raffaele did when it was his turn to speak. Why didn’t you? You have said on many occasions during the appellate trial that you did not kill her and you have never hurt anyone. This question has been addressed with your denials. What about the rest?

Judge Hellman may be able to answer all of these unanswered questions AS HE MUST under Italian law in his sentencing report. He cannot simply address points defense raised about small parts of it. He must be able to explain the totality of the evidence or his report risks being thrown out by Cassation and a retrial at the first appeal level ordered.

Possibly Judge Hellman might be able to achieve this. But why do we seriously doubt it?


Monday, June 27, 2011

The BBC Reports Rudy Guede For The First Time Accuses Knox And Sollecito Face To Face

Posted by Peter Quennell


See at bottom for the BBC report. It refers to Guede’s letter of March 2010 in the post directly below this one.

Guede was in the witness stand as his letter was read to the court on Monday. “This splendid, marvelous girl was killed by Raffaele Sollecito and Amanda Knox,” the letter said.

This also for the first time on Guede’s side (but not on Knox’s or Sollecito’s side) crosses a public boundary between the three of them which the Italian lawyer Cesare Beccaria described starting here.

The Supreme Court has in effect already given Rudy Guede’s credibility an edge. Also this in the report in the Seattle PI report by Andrea Vogt.

As if the appeal wasn’t bizarre enough, two convicts were called by the prosecution as counter witnesses Monday to contradict several inmates called by the defense earlier this month. They maintained they had overheard in prison conversations about a plot among other inmates to testify in exchange for money and benefits, such as reduced prison time.

The person they heard was arranging things, they said, was Sollecito’s attorney, Giulia Bongiorno, who heads up Italy’s parliamentary justice committee. She forcefully denied the corruption accusations in the break afterwards and vowed to file charges and take legal action against her accusers.

One claim by the inmates was that she offered a sex change operation to Luciano Aviello. It would be helpful if some of this if it exists emerged on tape. What possible reason would they have to lie?

****************

Here is the full BBC report in case it scrolls from their website.

Amanda Knox and her ex-boyfriend did kill Meredith Kercher, a man who was also convicted of the 21-year-old’s murder has told an appeal court.

After Rudy Guede confirmed he believed the US student killed her British housemate, Knox jumped to her feet saying she was “shocked and anguished”.

The hearing in Perugia is the first time that all three defendants have given evidence on the same day.

Knox, 23, and Raffaele Sollecito, 26, are appealing their convictions.
Child killer

Miss Kercher, of Coulsdon, Surrey, was found with her throat cut at her Perugia flat after what prosecutors claimed was a sex game taken to the extreme.

Knox is serving a 26-year sentence for Miss Kercher’s murder while her Italian co-defendant and ex-boyfriend, Sollecito, was sentenced to 25 years.
Image caption Guede admits being in the house at the time of the Miss Kercher’s murder but denies any involvement

Guede told the court that claims by a fellow prison inmate that he thought Knox and Sollecito were innocent were not true. He said he never made that claim to the inmate.

On 18 June, convicted child killer Mario Alessi told the appeal Guede had confided that Knox and Sollecito were innocent.

According to Alessi, Guede said he and a friend went to the house Miss Kercher shared with Knox with the intent of having sex with Miss Kercher and that when she refused, the scene turned violent and his unnamed accomplice slit her throat.

Drug-dealer Guede was jailed for 30 years for the sexual assault and murder of Miss Kercher after a separate fast-track trial. His sentence was reduced to 16 years on appeal.

Guede was in the witness stand as a letter he had written in response to Alessi’s claims was read to the court on Monday.

“This splendid, marvellous girl was killed by Raffaele Sollecito and Amanda Knox,” the letter said.

Guede has previously admitted being in the house at the time of the murder, but denies involvement in Miss Kercher’s death.

After cross-examination by the defence, Guede said he had always believed Sollecito and Knox were behind the murder.

“I’ve always said who was there in that house on that cursed night,” he told the court.

Knox stood up after Guede’s evidence and denied his claims.

“The only time that Rudy Guede, Raffaele and I were in the same space has been in court. I’m shocked and anguished.

“He knows we weren’t there and have nothing to do with it,” she said.

Sollecito said Guede was always talking “about a shadow that could be me and a voice that could be Amanda’s… we’ve been fighting shadows for four years. Our lives have been destroyed in a subtle and absurd way.”

Speaking before Monday’s hearing, Knox’s mother Edda Mellas told reporters she hoped that Guede would have the “integrity to stand up and tell the truth”.

She said her daughter was “always very anxious and nervous but I think she’s glad things are moving along. She feels things are going well,” but that it is, “hard to get too hopeful, especially after the first trial.”

Two other witnesses were called to counter claims made by another defence witness, a member of the Mafia named Luciano Aviello, who had told the court earlier this month that his brother - who is on the run - had killed Miss Kercher during a botched burglary.

The two witnesses - two inmates at the same prison as Aviello - testified that Aviello had said he had been contacted by Sollecito’s defence team to stir up confusion in the trial in exchange for money.

Witness Alexander Ilicet said Aviello had wanted the money for a sex-change operation.


Sunday, June 19, 2011

The Massei Sentencing Report For Knox And Sollecito: Part 3 Of A Summary In 4 Parts

Posted by Skeptical Bystander





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

7. Double DNA knife and bra strap

Exhibit 36: The double DNA Knife

Exhibit 36 is a 31 cm long knife with a 17 cm blade and a dark handle.  It was seized from the kitchen cutlery drawer at Raffaele Sollecito’s home, located at 110 Corso Garibaldi in Perugia, on 6 November, 2007 when Chief Inspector Armando Finzi was ordered to perform a search of Sollecito’s residence.  This exhibit is important because “Sample 36b” taken from a scratch on the knife blade yielded Meredith Kercher’s biological profile.

After putting on gloves and shoe coverings, Finzi and his team entered the home.  They noted a strong smell of bleach.  Opening the cutlery drawer, they saw a big, “extremely clean” knife.  In Sollecito’s bedroom they found a second knife.  The knives were bagged and sealed.[106]

Exhibit 36 was carried back to the police station, where it was placed in a box for shipping to the Polizia Scientifica in Rome.  Dr. Stefanoni was the recipient of the box containing the knife in Rome.  All parties testified that standard procedures were followed to avoid the risk of contamination.

On 4 November, 2007, Meredith’s roommates Filomena Romanelli, Laura Mezzetti, and Amanda Knox had been taken by the police to look at the knives in their kitchen at the apartment in Via della Pergola.  Personnel from the Questura reported Amanda’s “severe and intense emotional crisis, unlike [the reaction of] the other two girls”.[292]  This behavior was contrasted to Amanda’s behavior at Police headquarters two days earlier:

“This circumstance appears significant both in its own right and also when one considers that Amanda had never previously shown signs of any particular distress and emotional involvement (in the Police headquarters, on the afternoon of November 2, Meredith’s English girlfriends, Robyn Carmel and Amy Frost in particular, according to their declarations, had been surprised by the behaviour of Amanda, who did not show emotions).”[292]

Investigators’ attention was alerted to the Exhibit 36 knife because of Amanda’s inconsistent behavior.  Later, police overheard a jail conversation between Knox and her parents on 17 November, when Knox said, “I am very, I am very worried about this thing with the knife ... because there is a knife of Raffaele’s ...”.[292]

Exhibit 36 thus became a central piece of trial evidence.  The debate would subsequently be focused on two issues: The compatibility of the knife with the large stab wound in Meredith’s neck; and the reliability of the DNA analysis.

Considering the first of these points, although the knife blade is 17 cm long, the depth of the larger wound is just 8 cm .  This “discrepancy” was the basis of defense efforts to discredit the knife as a murder weapon. The compatibility of the Exhibit 36 knife and the larger of Kercher’s wounds is addressed by Professor Bacci (see p. 121 of the Massei report).    Professor Norelli maintains that “it is not said that a blade is always embedded (plunged into) the target right up to the handle; the blade may also go (in) only to a certain portion of its length, and not right up to its end”.[126] 

It is noted that the movements of the victim may have played a part in determining the depth of the cuts.  “If I insert a centimeter of the blade into the victim and the victim suddenly moves towards me, how much of the blade will be driven inside the body surface area is absolutely unpredictable and depends on the action of both”.[129]  Alternatively, the blade of the knife might have met an obstacle. The cutting action is described on p. 146 and again starting on p. 152.

Defense witness Dr. Patumi disputed the compatibility of the wounds with said knife, arguing that a blade of 17 cm length could not have caused a cut 8 cm deep; see p. 156-157.  However, the Court rejected “the thesis of the incompatibility of the most serious wound and the knife Exhibit 36”, holding this thesis to be “unacceptable” .[172]

Regarding the second point ““ that of the DNA analysis ““ Dr. Stefanoni was the responsible expert at the crime lab in Rome. Although no biological traces were visible to the naked eye on the face of knife blade, Dr. Stefanoni perceived scratches - “anomalies in the metal’ - on the blade when rotating the blade under strong lighting.  The streaks were:

“... visible under good lighting by changing the angle at which the light hit the blade, since obviously the blade reflects light and thus creates shadows, making imperfections visible.”[196]

Sample 36b was taken from one of these points on the blade.  The genetic profile of Meredith Kercher was identified from this sample. Stefanoni presented charts to the court, showing the DNA profile: she noted “that the peaks were a bit low, but that without doubt were still within the range that is considered useful for testing a specimen (page 108). Although of a much lower quantity of DNA, the profiles were nonetheless very present and, by making a comparison with Meredith’s profile, Dr. Torricelli reported that “šwe find all the alleles, and we find them to be equal to those obtained from the swab taken, from the sample taken from the wound. Therefore in this case too, without doubt”› -she continued- “šalthough we are confronted with a sample that contains very little DNA, it nonetheless contains the DNA of only one person and is therefore comparable to Meredith’s; with regard to this knife, I would say I have no doubt in interpreting it: specimen A with Amanda’s profile and specimen B with the profile, compatible with that of Meredith.”[231-32] However, the amount of DNA was small and it was all used up in order to run a single test.

The defense objected that it was impossible to evaluate whether the actual nature of Sample 36b specimen: 

“.. when we have a small amount of DNA we talk about low copy number DNA, and that when this type of DNA is present, we are indeed able to carry out our amplification and obtain a profile, but we must remember that we may have lost one of the alleles, we may have an allelic imbalance ... it becomes very difficult to distinguish from a real allele, so that when working on ...  small quantities of genetic material, it is necessary to be very cautious in interpreting the results.”[237]

 

To this point, Dr. Stefanoni argued that it is preferable “to know to whom a biological specimen is attributable, rather than ascertaining the nature of that specimen, without attributing it to anyone.”[288]

Furthermore, it was argued by the defense that the quantity of DNA was too low to be able to perform the tests and consider the results reliable.  Given a low amount of DNA, the risk of contamination is high - particularly given the very numerous number of samples being analyzed.
 
The court rejected the possibility of contamination because no anomalies were ever identified in the Polizia Scientifica’s analytical process. The Prosecutor pointed out that all tests had been carried out in the presence of a lawyer/consultant for the defense - who had raised no objections during the testing.  The possibility of contamination during the collection of evidence was rejected based on a detailed consideration of the collection process.

Thus, the DNA from Meredith which was found on that knife cannot be traced back to any contamination occurring in the house in which it was found, or to the method of acquisition of the knife on the part of Finzi, or even to the collection and dispatch methods used by Gubbiotti. In addition, as has been said, that such contamination could have been carried out by the laboratory is also ruled out.[266]

In addition, Dr. Stefanoni testified that she did have the biological profile of the defendants, but did not employ them while interpreting the electrophoresis diagrams. Nevertheless, the Massei report judges that:

“... the main criticisms advanced by the defense concerned precisely this very small DNA quantity, and it raised the question of the reliability of the result obtained.”[288]

To this central point, Dr. Stefanoni:

“Regarding the too low quantity of DNA, Dr. Stefanoni declared, as has been seen, that even in the case of a particularly scanty amount of material, the analysis and evaluation should be performed, and she added that, if the data that emerges is absolutely readable and interpretable and the correct laboratory practice was followed, the result is reliable and there is no reason to repeat the test.

“It does not follow ... that the data is unusable and unreliable as a consequence of a lack of repetition due to a lack of further quantities of DNA. It is necessary, instead, to take account of the data that emerges from such a specimen and to check for the ““ possible ““ presence of other elements, both circumstantial and inherent to the data itself that, despite the lack of repetition of the analysis, could allow an evaluation of the reliability of the analysis and of its outcome.”[289]

The court concluded that the biological profile that resulted from the 36B DNA analysis ...

“... gave a biological profile attributable to the person who was mortally wounded with that very knife: a result, therefore, that was entirely reasonable and consistent with the event; [it was] certainly not explainable as a mere coincidence, and it must be ruled out ““according to what has already been observed in this regard - that it could have originated from contamination or from the use of a suspect-centric method.”,[290] and that

“”¦. it should therefore be affirmed that the analysis of trace 36B, which detected the presence DNA attributable to Meredith, appears to be completely reliable.”[293]






Exhibit 165 (Bra clasp)

Exhibit 165 is a small piece of material with hooks from Meredith Kercher’s bra.  The Polizia Scientifica discovered Raffaele Sollecito’s DNA on this so-called “bra clasp”.

Dr. Stefanoni and her team began evidence collection at via della Pergola 7 on November 2, 2007.  Additional searches were conducted of Sollecito’s Audi A3, Sollecito’s flat at Corso Garibaldi 110 (November 13), Patrick Diya’s pub “Le Chic” (November 14),  and Rudy Guede’s studio (November 20).  There was a further search at via della Pergola 7 on December 18. 

Meredith’s bra (missing its clasp) was collected on November 2, 2007, in the first search, along with other items (towels, sheets, toilet paper, underwear, etc.).  The bra was found at the foot of the victim in poor condition: torn off of Meredith’s body with cuts at the back.  The bra is Exhibit 59.

The missing bra clasp was one object of the December 18 search.  The search process - including measures taken to ensure against contamination - is described in detail on pp. 204-06 of the Massei report.  However, it is noted that the bra clasp was picked up about 1.5 meters away from its original position as seen in photographs taken on November 2-3.

Small blood drops were clearly visible on the bra clasp material.  The bra clasp revealed a mixture of DNA belonging to the victim and to Sollecito.  According to Dr. Stefanoni the quantity of DNA was not low. 

On trace B, from the clasp, a mixed genetic profile was found: the victim plus Sollecito and that result was further confirmed by the Y profile of Raffaele Sollecito, also found on the hooks.[197]

The Polizia Scientifica’s mixed trace DNA analysis is described in detail in Massei on pp. 206-11. 

The defense raised the issue of the Polizia Scientifica using a “suspect-centric”methodology that might bias the DNA analysis and its interpretation.  Dr. Stefanoni’s remarks are summarized in Massei:

“With reference then to the DNA of Raffaele Sollecito and the fact that his profile was already present and available to her when she interpreted the collected samples, including the one relating to the hooks, she stated that the data was present as historical fact, but that she did not have it, have it available before her at the moment in which she was interpreting the technical data, nor was she otherwise consulting this biological profile.”[226]

Given the delay in collecting the bra clasp and the fact that the bra clasp had been moved on the floor of Meredith’s room, the essential question before the court is presented as follows:

“Was ... the DNA of Raffaele Sollecito, which, according to Dr. Stefanoni, was found on the bra clasp, a consequence of an act of Raffaele Sollecito carried out directly on the bra which Meredith was wearing on the night that she was killed, or on the contrary, could it have had a different origin, so that this DNA could have ended up on the bra clasp without Raffaele Sollecito having ever touched the bra directly, and its clasp in particular?”[266]

The court observes that Meredith’s door was closed and locked on the morning of November 2; that’s how Sollecito and Amanda testify to have found it and that’s how the Postal Police saw it when they arrived.  When the door was finally broken down and opened:

Raffaele Sollecito remained at a distance, far enough—as has been said—that he could not even have been able to look into the room; furthermore, it does not appear that he entered the room at any later time; in fact, as has been seen, the contrary has been shown: once the door was broken down, everyone was ordered to leave the house and Raffaele Sollecito did not enter into the cottage again, much less into Meredith’s room.[268]

Therefore the court rejects this hypothesis for the “placing” of Sollecito’s DNA in Meredith’s room.  Furthermore, there is no reasonable suggestion that Sollecito could have placed his DNA on Meredith’s bra clasp in the prior week after meeting Amanda for the first time.  Sollecito’s DNA was only found in one other location in the house: on a cigarette stub, mixed with that of Amanda Knox. 

8. The staged break-in

The Massei Report examined the evidence surrounding the broken window and disarray in Filomena Romanelli’s bedroom in order to determine whether a real break-in had occurred or the appearance of one had been staged.

When she first returned to the apartment,  Romanelli had made a quick check of her room and ascertained that, even though it was in a complete mess with the left-side [as seen from inside the room] windowpane broken and a big rock on the floor, nothing was in fact missing.[31] The court noted that when Romanelli had left the house, on November 1, she said she had pulled the external shutters towards the interior of her room, although she did not think that she had actually closed them completely. Because they were old and the wood had swelled a bit, they rubbed on the windowsill so, to pull them towards the room, it was necessary to use some force. But, once they had been pulled in, they remained well closed by the pressure of the swelled wood against the windowsill.[48]

Based on Romanelli’s testimony, the court rejected the assumption made by a defense expert witness that the external shutters were left completely open. In fact they were not even completely open on the day following the murder, according to witnesses on November 2.[50]
The initial assumption was that the window had been broken with a rock thrown from the outside (and such a rock was indeed found in the room). However, to have broken the glass of the window without shattering the external shutters, it would have been first necessary for a burglar to open these shutters. The court considered whether some sort of instrument could have been used to open them from the outside, but noted the failure to find any suitable instrument and doubted what type of instrument could be used to this end. This led them to assume that the wall would have to be scaled a first time in order to open the external shutters, so that the burglar could then aim a rock at the window. [48-49]

He would then have had to return underneath the window for a second climb, and balance on his knees or feet on the outside part of the windowsill, while reaching through the broken glass to unlatch the window. The court noted that the window must necessarily have been latched since, otherwise, there would have been no need to throw a rock at all, but just to open the external shutters and climb inside. [49] The burglar would also need to rely on the fact that the external shutters themselves were not actually latched, and also that the internal wooden shutters had not been fastened (otherwise it would have been impossible to open them from the outside).[49]

The court decided that this scenario appears totally unlikely, given the effort involved: going twice underneath the window, going back to throw the stone and scaling the wall twice. Especially so, taking into account the uncertainty of success (having to count on the two favourable circumstances indicated above), with a repetition of movements and behaviours, all of which could easily be seen by anyone who happened to be passing by on the street or actually coming into the house.

Next, the court noted that the double climb necessary to reach the height of three and a half metres would surely have left some kind of trace or imprint on the wall, particularly at the points on the wall that the burglar would have used to support his feet, especially as the earth below the window, on that early November evening, was very wet.[50] In fact, investigators had examined both the wall and all of the vegetation underneath the window, and noted that there were no traces on the wall of earth, or grass, or any streaks at all, and none of the vegetation underneath the window appeared to have been trampled.[142] Furthermore, it was observed that a nail that was part-way up the wall, remained intact. The court deemed it very unlikely, given the position of that nail and its characteristics, that a climber would not cause it to fall or bend.[50]

The next fact to consider was that the pieces of glass from the broken pane were distributed in a homogeneous manner on the inside and outside parts of the windowsill, without any displacement being noted or any piece of glass being found on the ground underneath the window. A prosecution expert witness stated that this tends to exclude the possibility that the rock was thrown from outside the house. Also, a climber, in leaning his hands and then his feet or knees on the windowsill, would have caused at least some piece of glass to fall, and he would have been obliged to shift some pieces of glass in order to avoid being wounded by them. Instead, no piece of glass was found under the window, and no sign of any wound was seen on the pieces of glass found in the room. It can moreover be observed that the presence of many pieces of glass on the outside part of the windowsill increases the probability of finding some small pieces of glass on the ground underneath, since there seems to be no reason that so many pieces of glass would all stop just at the edge of the windowsill without any of them flying beyond the edge and falling down to the garden below.[51,52]

These inconsistencies in the break-in theory can, however, be explained if one supposes that the rock was thrown from the inside of the room, with the two external shutters pulled inwards so that they blocked the pieces of glass from falling to the ground below. Once the glass had been broken from inside, the rock was set down at some place in the room, and the external shutters were pushed towards the outside, being thus opened from within the room.[51]

A further indication that the ‘break-in’ was staged was deduced from photos of the scene, taken by investigators. The appearance is that the goal was to create obvious disorder in Romanelli’s room, but does not appear to be the result of true searching for the kind of valuable objects that might tempt a burglar. The drawers of the little dresser next to the bed were not even opened; the objects on the shelves appear not to have been touched at all; piles of clothes seem to have been thrown down from the closet but it does not seem that there was any serious search inside the closet, in which some clothes and some boxes remained in place without showing any signs of an actual search for valuable items that might have been there. It does not appear that the boxes on the table were opened in a search for valuable items. Indeed, no valuable item was taken, or even set aside to be taken, by the ‘burglar’.

Based on all this evidence, the court concluded that the disorder in Romanelli’s room and the breaking of the window pane constituted an artificial representation created in order to misdirect the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.

Part Four is here.


Saturday, February 26, 2011

Very Hard Language Of Supreme Court In Rejecting Guede Appeal, Confirming Three Did It

Posted by Peter Quennell


The report of the Supreme Court of Cassation released on Thursday was foreshadowed in content in our post of 17 December:

Rudy Guede’s appeal is rejected on all ten grounds. His appeal grounds were ugly and dishonest and he has no further appeal. He will serve his 16 years, with maybe some time off, for being a savage willing party to the cruel stupid murder of Meredith.

Rudy Guede will go down in infamy for his sex crime against a defenseless victim, for being a party to a taunting torturing knife attack, for claiming Meredith invited him in for consensual sex, and for not calling for help for Meredith and maybe saving her life while it was still possible.

Cassation continues the fine Italian court tradition in this case of taking a firm and unblinking position, and for being utterly oblivious to the vile over-the-top campaign of Curt Knox, Edda Mellas and David Marriott which may now haunt Amanda Knox all of her life.

What really caught the Italian media’s attention and made this the second most widely reported development in the case after the Amanda Knox-Raffaele Sollecito verdict was the icy hard language, the pure contempt for the depraved pack attack, the total rejection of all Guede’s stories, including his oft-repeated and totally unbelievable claim that Meredith invited him in and wanted love-making, and the court’s conclusion once again that the evidence methodically described in the Micheli Report overwhelmingly proves that THREE perpetrators took part in the crime.

The Court of Cassation in this report made clear that Knox and Sollecito are not already formally nominated as the other two perpetrators and it does wait the referral of the outcome of the present appeal in Perugia. But unless the defense witnesses Alessi and Aviello can indeed convince Judge Hellman’s appeal court that Guede attacked Meredith with friends or that some other people entirely carried out the attack, there seems no way out for them. 

The court also indicated that it considered the motive of the attack on Meredith to be frivolous, which is precisely what the prosecution claims in the current Perugia appeal as grounds for rejecting Massei’s mitigating circumstances, and for increasing Knox’s and Sollecito’s prison sentences to life terms. 

This post of a month ago further explains Knox’s and Sollecito’s almost insurmountable problems.

The written report from Cassation on that December 2010 decision on Guede’s final appeal (due soon), plus Judge Micheli’s Sentencing Report for Rudy Guede of January 2009, plus all that associated evidence, now gets automatically ported by law straight into Knox’s and Sollecito’s appeal.

Judge Micheli took a hard line toward Rudy Guede, and he sentenced him to 30 years. He also remanded Knox and Sollecito to trial, and his report explains the basis for that remand.

Judge Micheli’s remorseless and tightly argued report (see summaries below) very comprehensively backed up his decisions. (Later reductions in sentence were automatic and they flowed from the terms of Guede’s short-form trial, and some controversial mitigating circumstances advanced by Massei for Knox and Sollecito.)

The prosecution’s appeal against the Knox and Sollecito sentences argues that the acceptance of mitigating circumstances by the Massei court should be thrown out, and that Knox and Sollecito should be subjected to a longer sentence. Remember that even in the case of Alessi’s wife, who was not even present when he beat the kidnapped baby to death, she received a sentence of 30 years.

So here is how it is stacking up:.

For the prosecution, four courts including the Supreme Court of Cassation have ruled that three people participated in the crime against Meredith, plus all of the evidence from both the Guede and Knox Sollecito trials now comes in, plus the prosecution is appealing for tougher sentences, which seems well justified based on precedents.

And for the defenses? Will they now feel they have no choice but to put Knox or Sollecito or Alessi or Aviello or for that matter Rudy Guede on the stand as a last-ditch manoeuvre?

Hard to see what further they have to lose.


Tuesday, February 22, 2011

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

Posted by SomeAlibi


Welcome

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

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

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

My own arrival

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

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

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

The unanimous jury

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

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

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

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

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

The voluminous evidence

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

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

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

The Massei Sentencing Report

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

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

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

The Knox PR campaign

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

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

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

Now for a quick tour of the evidence.


Some of the points of evidence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


In conclusion

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

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

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

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

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

Meredith Susanna Cara Kercher. RIP.


Tuesday, February 01, 2011

Explaining The Massei Report: A Visual Guide To The Staged Break-In Via Filomena’s Window

Posted by pat az


Cross-posted from my own website on Meredith’s case at the kind invitation of TJMK.

The Massei Report on the trial and sentencing of Amanda Knox and Raffaele Sollecito (...1) looks into whether or not a break-in is supported by the evidence available in the room with the broken window.

It concludes that the broken window and room in disarray - Filomena’s bedroom - are an “artificial representation”, ie. that the break-in was staged. After seven pages of review of the evidence, the Massei Report states:

  “¦the situation of disorder in Romanelli’s room and the breaking of the window pane constitute an artificial representation created in order to orient the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.

What follows is a look at the comments in the Massei report compared with crime scene and other photos. All quotes are from the english translation prepared by unpaid volunteers at PerugiaMurderFile.org. The section on the scenes in the bedroom begins on page 47 and continues to page 55. Some sentences in the paragraphs below have been omitted for brevity, and can be read in full in the original.

Amanda finds the scene:Then (Amanda) went into another room and noticed that the window had been broken and that there was glass inside. She told these things to her and the other girls present. Then she related that she had gone back to Raffaele’s house and had rung Filomena.(p38)(I)n one of the telephone calls to Romanelli,

Amanda spoke of that smashed window and of the possibility that someone could have entered the house through the broken place; she said this also in the telephone call to 112 and in the first declarations to the Postal Police. Also in the e-mail of November 4, 2007, sent by Amanda to 25 people in the US (”¦), she hypothesises that a burglar could have entered the house and says she looked around to see if anything was missing. (p45)


Filomena Romanelli, disturbed by this phone call, had rung Amanda back without receiving a reply and when, a little later, she had succeeded in speaking to Amanda, Amanda had told her that in her room (i.e., in Ms. Romanelli’s room) the windowpane was broken, everything was in a mess, and that she should come back home. (P30)

Filomena Romanelli had ascertained from a quick check of her room, even though (it was) in a complete mess with the windowpane broken, that nothing was missing. (p31)

It must be held that when Filomena Romanelli left the house in via della Pergola, she had pulled the shutters towards the interior of her room, although she did not think that she had actually closed them; furthermore, because they were old and the wood had swelled a bit, they rubbed on the windowsill; to pull them towards the room it was necessary to use some force (“they rubbed on the windowsill”); but in this way, once they had been pulled in, as Romanelli remembered doing, they remained well closed by the pressure of the swelled wood against the windowsill. (p48)

It cannot be assumed ““ as the Defence Consultant did ““ that the shutters were left completely open, since this contradicts the declarations of Romanelli, which appear to be detailed and entirely likely, considering that she was actually leaving for the holiday and had some things of value in her room; already she did not feel quite safe because window-frames were in wood (”¦) without any grille.

Also, the circumstance of the shutters being wide open does not correspond to their position when they were found and described by witnesses on November 2, and photographed (cf. photo 11 already mentioned).( p50)


Now, for a rock to have been able to break the glass of the window without shattering the outside shutters, it would have been necessary to remove the obstacle of the shutters by opening them up. (”¦2)

Consequently, since the shutters had been pulled together and their rubbing put pressure on the windowsill on which they rested, it would have first been necessary to effect an operation with the specific goal of completely opening these shutters.

The failure to find any instrument suitable for making such an opening (one cannot even see what type of instrument could be used to this end) leads one to assume that the wall would have to have been scaled a first time in order to effect the complete opening of the shutters,(”¦3) in order to enable the burglar to aim at the window and smash it by throwing a large stone ““ the one found in Romanelli’s room. (p48-49)

He would then have to have returned underneath Romanelli’s window for the second climb, and through the broken glass, open the window (balanced on his knees or feet on the outside part of the windowsill) otherwise he would not have been able to pass his arm through the hole in the glass made by the stone) and reach up to the latch that fastened the window casements, necessarily latched since otherwise, if the casements had not been latched, it would not have been necessary to throw a rock at all, but just to open the shutters and climb inside. (p49)


The “climber” (”¦4) would also need to rely on the fact that the shutters were not actually latched, and also that the “scuri”(..5) had not been fastened to the window-frame to which the broken pane was attached; otherwise it would not have been possible to open them from the outside; nor would it have been possible, even breaking the glass, to make a hole giving access to the house, (”¦) since if these inner panels had been closed, they would have continued to provide an adequate obstacle to the possibility of opening the window, in spite of the broken pane. (p49)


This scenario appears totally unlikely, given the effort involved (going twice underneath the window, going up to throw the stone, scaling the wall twice) and taking into account the uncertainty of success (having to count on the two favourable circumstances indicated above), with a repetition of movements and behaviours, all of which could easily be seen by anyone who happened to be passing by on the street or actually coming into the house.


But beyond these considerations, there are other elements which tend to exclude the possibility that a burglar could have entered the house through the window of Romanelli’s room.The double climb necessary to attain the height of three and a half metres would have left some kind of trace or imprint on the wall, especially on the points on the wall that the “climber” would have used to support his feet, all the more as both the witnesses Romanelli and Marco Zaroli gave statements indicating that the earth, on that early November evening, must have been very wet (..6) (p50)


In fact, there are no visible signs on the wall, and furthermore, it can be observed that the nail ““ this was noted by this Court of Assizes during the inspection ““ remained where it was: it seems very unlikely that the climber, given the position of that nail and its characteristics, visible in the photo 11, did not somehow “encounter” that nail and force it, inadvertently or by using it as a foothold, causing it to fall or at least bend it. (p50)


The next fact to consider is that the pieces of glass from the broken pane were distributed in a homogeneous manner on the inside and outside parts of the windowsill, without any displacement being noted or any piece of glass being found on the ground underneath the window.

This circumstance, as confirmed also by the consultant Pasquali, tends to exclude the possibility that the rock was thrown from outside the house to create access to the house through the window after the breaking of the pane. The climber, in leaning his hands and then his feet or knees on the windowsill, would have caused at least some piece of glass to fall, or at least would have been obliged to shift some pieces of glass in order to avoid being wounded by them.

Instead, no piece of glass was found under the window, and no sign of any wound was seen on the pieces of glass found in Romanelli’s room. It can moreover be observed that the presence of many pieces of glass on the outside part of the windowsill increases the probability of finding some small pieces of glass on the ground underneath, since there seems to be no reason that so many pieces of glass would all stop just at the edge of the windowsill without any of them flying beyond the edge and falling down to the garden below. (p51 & 52)


On this subject it is also useful to recall that at the hearing of April 23, 2009, the witness Gioia Brocci mentioned above declared that she had observed the exterior of the house, paying particular attention to the wall underneath the window with the broken pane, the window of the room then occupied by Filomena Romanelli.


She said: “We observed both the wall”¦underneath the window and all of the vegetation underneath the window, and we noted that there were no traces on the wall, no traces of earth, of grass, nothing, no streaks, nothing at all, and none [39] of the vegetation underneath the window appeared to have been trampled; nothing” (p. 142 declarations of Gioia Brocci). (51)

This situation, like all the other glaring inconsistencies, is adequately and satisfactorily explained if one supposes that the rock was thrown from the inside of the room, with the two shutters pulled inwards so that they blocked the pieces of glass from falling to the ground below. Once the glass had been broken from inside, the rock was set down at some place in the room, and the shutters were pushed towards the outside, being thus opened from within the room. (p51)


But the fact that all this was in fact just a simulation, a staging, can be deduced from further circumstances. From the photos taken by the personnel of the Questura (photos 47 to 54 and 65 to 66) one can perceive an activity which appears to have been performed with the goal of creating a situation of obvious disorder in Romanelli’s room, but does not appear to be the result of actual ransacking, true searching for the kind of valuable objects that might tempt a burglar.


The drawers of the little dresser next to the bed were not even opened (photo 51 and declarations of Battistelli who noted that Romanelli was the one who opened the drawers, having found them closed and with no sign of having been rifled: see p. 66 of Battistelli’s declarations, hearing of Feb. 6, 2009).


The objects on the shelves in photo 52 appear not to have been touched at all; piles of clothes seem to have been thrown down from the closet (photo 54) but it does not seem that there was any serious search in the closet, in which some clothes and some boxes remained in place without showing any signs of an actual search for valuable items that might have been there (photo 54).


It does not appear that the boxes on the table were opened (photo 65) in a search for valuable items. And indeed, no valuable item (cf. declarations of Romanelli) was taken, or even set aside to be taken, by the ““ at this point we can say phantom ““ burglar.

What has been explained up to now thus leads to the assertion that the situation of disorder in Romanelli’s room and the breaking of the window pane constitute an artificial representation created in order to orient the investigations towards a person who, not having the key to the front door, was supposed to have entered through the previously broken window and then effected the violent acts on Meredith which caused her death.

Footnotes

(...1) The Massei Report in English is readable and downloadable via the link at the top of this page. 

(..2) The consultant for the defence actually assumed that this had been done; in his exhibit, he assumed that the shutters were not present in front of the window

(..3): “if the shutters were closed, he could not have passed through, that is obvious”, cf. declarations of the consultant for the defence, Sergeant Francesco Pasquali, p. 22 hearing July 3, 2009.

(..4): (the window in Romanelli’s room is located at a height of more than three and a half metres from the ground underneath, cf. photo 11 from the relevant dossier)

(..5):,which are the wooden panels [scuri=non-louvered shutters in interior of room] that usually constitute the outer side (or the inner, depending on the point of view) of the window [attached to the outer edge of the inner side of the window-frame]

 


Thursday, January 20, 2011

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

Posted by The TJMK Main Posters



[St Peter’s and the Vatican in background; Palace of Justice, large white building by river in left foreground]

What is the biggest headache for the defenses?

That their areas of appeal, already circumscribed by Judge Hellman, could all explode in their faces? The low-credibility witnesses Alessi and Aviello? The limited DNA retesting? The re-examination of the witness in the park who had no cause to make anything up?

Or that Rudy Guede gets totally ticked off by Alessi’s claims that Rudy Guede said he did it with one or two others, and so Guede tells the court all that REALLY happened?

No, it looks to us that the defenses’ biggest headache by far is that the court of final appeal in Rome (the Supreme Court of Cassation, which is superior to the Perugia appeals court and will hear the second and final appeal) has ALREADY accepted that Rudy Guede’s sentencing report of January 2009 holds up.

And that all three of them attacked Meredith.

The written report from Cassation on that December 2010 decision on Guede’s final appeal (due soon), plus Judge Micheli’s Sentencing Report for Rudy Guede of January 2009, plus all that associated evidence, now gets automatically ported by law straight into Knox’s and Sollecito’s appeal.

Judge Micheli took a hard line toward Rudy Guede, and he sentenced him to 30 years. He also remanded Knox and Sollecito to trial, and his report explains the basis for that remand.

Judge Micheli’s remorseless and tightly argued report (see summaries below) very comprehensively backed up his decisions. (Later reductions in sentence were automatic and they flowed from the terms of Guede’s short-form trial, and some controversial mitigating circumstances advanced by Massei for Knox and Sollecito.)

The prosecution’s appeal against the Knox and Sollecito sentences argues that the acceptance of mitigating circumstances by the Massei court should be thrown out, and that Knox and Sollecito should be subjected to a longer sentence. Remember that even in the case of Alessi’s wife, who was not even present when he beat the kidnapped baby to death, she received a sentence of 30 years.

So here is how it is stacking up:.

  • For the prosecution, four courts including the Supreme Court of Cassation have ruled that three people participated in the crime against Meredith, plus all of the evidence from both the Guede and Knox Sollecito trials now comes in, plus the prosecution is appealing for tougher sentences, which seems well justified based on precedents.
  • For the defenses, just those few areas the defenses want to challenge which have been allowed by Judge Hellman NONE of which are sure things.

Really not very much going for the defenses here. No wonder they already seem to be phoning it in.

Our meticulous summaries of the Micheli Report by main posters Brian S and Nicki were based on our own translation. A huge amount of work. They were posted nearly two years ago. Periodically we link to them in other posts or we point to them in an email.

Those who do read those posts fresh are often stunned at their sharpness, and for many or most it becomes case closed and the verdict of guilty is seen as a fair one.

We think those posts on Micheli are so key to a correct grasp of Knox’s and Sollecito’s appeal prospects that they should now be reposted in full.



[St Peter’s and the Vatican in foreground; Palace of Justice, large white building in left background]

Understanding Micheli #1: Why He Rejected All Rudy Guede’s Explanations As Fiction

By Brian S

Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

A week ago, just within the three-month deadline, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

These posts will examine several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English here were by native-Italian speakers and fellow posters Nicki and Catnip. The next post will explain why Micheli ruled out the Lone Wolf Theory, and why he concluded that Knox and Sollecito appeared to be implicated in Meredith’s murder and should therefore be sent to trial.

Judge Micheli maintained that from the moment Meredith’s body was discovered until his arrest in Germany on November 19th, Rudy Guede was in a position to compile a version of his involvement in events at the cottage which would minimise his reponsibilities and point the finger of guilt elsewhere.

He was able to follow the course of the investigation in newspapers and on the internet. He would know of the arrests of Amanda, Raffaele and Patrick. He would know that the investigators had found biological evidence which would sooner or later connect him to the murder, and he would know of other discoveries and evidence which had been publicised in the media.

His story as told in Germany was compiled with all the knowledge about the crime and investigation he would have sought out. On his return to Italy in December he was interviewed by the investigating authorities and gave version 2. He was interviewed again in March which resulted in version 3, and later still made a spontaneous statement to change one or two facts including the admission that the trainer footprint in Meredith’s room could be his. Judge Micheli said:

    Analyzing the narratives of the accused…he is not credible, as I will explain, because his version is (1) unreliable, and (2) continuously varying, whether on basic points or in minor details and outline.

Micheli then examined the details of Rudy’s claimed meeting with Meredith which resulted in his invitation to the cottage on the evening of November 1st.

He noted there were substantial differences between his versions of December and March, particularly with regard to the location of his meeting with Meredith on the night of Halloween and his movements in the early evening of November 1st.

He considered it likely that Rudy had made these changes as he became aware of evidence which contradicted his December version. Notably, in December Rudy claimed to have had his meeting with Meredith which resulted in her invite at a Halloween party given by Spanish students.

By March it was well known that Meredith had spent her entire Halloween in the company of friends, first in the Merlin pub before they later moved on to Domus disco. In March Rudy changed the location of his meeting with her from the Spanish party to Domus, which by chance Rudy had also attended following the party. However, neither Meredith’s friends who were continuously in her company nor those who accompanied Rudy to the Domus witnessed any meeting between the two. Judge Micheli commented:

    On 26 March 2008, instead, Rudy explained to the Prosecution, drawing a picture, that the group invited to the Spaniards’ house actually moved wholus-bolus to the “Domus” club, but it was right in that nightclub that he met Kercher, and not before; offering up a tour-guide description from the chair, saying, “there’s a bar for the drinks and then there’s a room, there’s an arch and a room. I walking [sic] around there, and that’s where I met Meredith”. On the facts of the meeting and the subject of the conversation, he elaborated: “I started talking to Meredith “¦talking anyway I gave her a kiss.. after which I told her how much I liked her and asked her if the next day, in all the confusion anyway, if we were going to meet the next day and she said yes (”¦), we met in the evening around half eight, like that. While not intending to explore the question, basically irrelevant, of whether the pair had agreed to a more or less specific time (his confirmation of the suggestion of 8.30 pm in both verbal statements however allows the inference that according to Guede they had an appointment), the patent contradiction between the two versions jumps out. One context, of a room between two bathrooms, in an apartment, is completely different to that of a drinks-bar and an arch, in a pub; one might concede, perhaps, the possibility of forgetting which place it was where they last bumped into a friend, but hardly the first time there was a kiss with a girl towards whom one was attracted.

With regard to his movements in the early evening of November 1st, Rudy’s friend Alex failed to corroborate Rudy’s December claim to have visited his flat. He said he didn’t see Rudy either before or after his meeting with Meredith at her cottage.


In March, Rudy changed his story and claimed to have risen at 6pm(following the all-nighter at Domus) before wandering around town for an hour or so. He then said he went to Meredith’s cottage but received no answer so he carried on to Piazza Grimana in the hope he might see people he knew. He thought he arrived in the Piazza at around 7:30pm. He claimed that some time later he left Piazza Grimana and called at the Kebab shop before returning to Meredith’s cottage and arriving some time between 8:30 and 9:00pm.

He said he then waited until her arrival some time just after 9:00pm. It was noted that in both his December and March versions Rudy said he had arranged to meet Meredith at 8:30pm. Micheli noted that this didn’t sit well with another arrangement Rudy had made to meet Carlos (from the Spanish party) between 9:00 and 10:00pm.

Micheli said that neither version of Rudy’s movements could be treated as true because he changed his story to fit facts as they became known and there was absolutely no corroborating witness evidence.

Rudy claimed two situations evolved following his entry with Meredith into the apparently empty cottage:

Whilst he was having a drink of fruit juice from the fridge, he claims Meredith found that 300 euros (her rent money) was missing from her bedside cabinet. Meredith was naturally upset by this discovery and straight away blamed “druggy Amanda”. Rudy said they both checked Amanda’s room to see if the money was there. However, it couldn’t be found and Rudy sought to console her.

He says that this consolation developed into an amorous encounter which proceeded to the stage where “Meredith asked him” if he had a condom. He told he didn’t and since she didn’t either they stopped their lovemaking.

Judge Micheli had a real problem with this story as told by Guede. He found it unlikely that Meredith would be interested in lovemaking so soon following the discovery that her money was missing. He found it unlikely that it was Meredith who was leading the way in this amorous encounter as Rudy was suggesting with his claim that it was “Meredith who asked him” if he had a condom.

Surely, Micheli reasoned, if Rudy was hoping to indulge in a sexual encounter with Meredith following the previous night’s flirting, he would, as any young man of his age, ensure that he arrived with a condom in anticipation of the hoped for liason. But even if he didn’t, and it was true that events had reached the stage where Meredith asked him, then surely given his negative response, Meredith would have again gone into Amanda’s room where, as she had told her friends, condoms were kept by her flat mate. Judge Micheli simply didn’t believe that if they had got to the stage of lovemaking described by Rudy, and following his negative response to her question, they just “STOPPED”. Meredith would have known she had a probable solution just metres away.

Rudy claimed he then told Meredith he had an upset stomach because of the kebab he had eaten earlier. She directed him to the bathroom through the kitchen.

Rudy put on his i-pod and headphones as he claimed was his habit when using the toilet. In his December version Rudy said the music was so loud he heard the doorbell ring but he made no reference to hearing any conversation. A perfect excuse, Judge Micheli says, for not hearing the disturbance or detail of Meredith’s murder. However, in his March version he claims he heard Amanda’s voice in conversation with Meredith. When Rudy did eventually emerge from the bathroom he says he saw a strange man with a knife and then a prone Meredith. Micheli commented:

    ...it is necessary to take as given that, in this case, Kercher did not find anything better to do than to suddenly cross from one moment of tenderness and passion with him to a violent argument with someone else who arrived at that place exactly at the moment in which Rudy was relieving himself in the bathroom. In any case, and above all, that which could have been a surprise to the killers, that is to say his presence in the house, was, on the other hand, certainly not put into dispute: Meredith, unlike the attackers, knew full well that in the toilet there was a person who she herself allowed in, so for this reason, in the face of someone who had started raising their voice, then holding her by the arms and ending with brandishing a knife and throwing her to the floor, why would she not have reprimanded/reproached/admonished him immediately saying that there was someone in the house who could help her? “¦Meredith didn’t shout out loudly for Rudy to come and help “¦There was a progression of violence “¦The victim sought to fight back If it is reasonable to think that a lady living 70 metres away could hear only the last and most desperate cry of the girl ““ it’s difficult to admit that Guede’s earphones, at 4-5 metres, would stop him hearing other cries, or the preceding sounds.

Micheli was also mystified as to why Amanda (named in Rudy’s March version) would ring the doorbell. Why wouldn’t she let herself in using her own key? He supposed it was possible Meredith had left her own key in the door which prevented Amanda from using hers, but the girls all knew the lock was broken and they were careful not to leave their own key in the door. Perhaps, Meredith wanted some extra security/privacy against someone returning and had left her key in the lock on purpose. Maybe Amanda was carrying something heavy and her hands weren’t free. Or, maybe, Rudy was just trapped by his December story of the doorbell when he didn’t name anybody and an anonymous ring on the doorbell was plausible.

The judge then took issue with Rudy’s description of events following the stabbing of Meredith. Rudy claimed that when he emerged from the bathroom he discovered a man with a knife standing over Meredith. In the resultant scuffle he suffered cut wounds to his hand. armed himself with chair to protect himself. before the attacker fled when he fell over because his trousers came down around his ankles. Micheli said that those who saw Rudy later that night didn’t notice any wounds to Rudy’s hands although some cuts were photographed by the police when he was later arrested in Germany.

Micheli found Rudy’s claim that the attacker ran from from the house shouting “black man found, black man guilty” unbelievable in the situation. In the panic of the moment it may be conceivable that the attacker could shout “Black man…, run” following the surprise discovery of his presence in the house, but in the situation Rudy describes, blame or expressions of who the culprit thought “the police would find guilty” made no sense. It would be the last thing on an unknown attackers mind as he sought to make good his escape.

Micheli considers the “black man found, black man guilty” statement an invention made up by Rudy to imply a possible discrimination by the authorities and complicate the investigation. Micheli also saw this as an excuse by Rudy to explain away his failure to phone for help (the implication being that a white man could have made the call). It was known by her friends and acquaintances that Meredith was never without her own phone switched on. She kept it so, because her mother was ill and she always wanted to be available for contact should her mother require help when she was on her own

Judge Micheli regarded Rudy’s claimed efforts to help Meredith impossible to believe, given the evidence of Nara Capezzali. Rudy claimed to have made trips back and forth to the bathroom to obtain towels in an attempt to staunch the flow of bood from Meredith’s neck. He claimed to have leaned over her as she attempted to speak and written the letters “AF” on the wall because he couldn’t understand her attempted words. His described activities all took time and Rudy’s flight from the house would have come minutes after the time he alleged the knife-man ran from the cottage.

Nara Capezzali maintained that after she heard Meredith’s scream it was only some seconds (well under a minute) before she heard multiple footsteps running away. Although she looked out of her window and continued to listen for some time because she was so disturbed by the scream, she neither heard nor saw any other person run from the house. That Rudy had run wasn’t in doubt because of his collision on the steps above with the boyfriend of Alessandra Formica. Micheli therefore considered it proven that “all” of Meredith’s attackers, including Rudy, fled at the same time.

Earlier in his report Micheli considered character evidence on Rudy given by witnesses for both prosecution and defense. Although he had been seen with a knife on two occasions, and was considered a bit of a liar who sometimes got drunk, the judge didn’t consider that Rudy had previously shown a propensity for violence, nor behaviour towards girls which differed markedly from that displayed by many other young men of his age.

However, because of the wealth of forensic evidence [on which more later] and his admitted presence in the cottage, combined with his total disbelief in Rudy’s statements, Micheli found Rudy guilty of participation in the murder of Meredth Kercher.

He sentenced him to 30 years in prison and ordered him to pay compensation of E2,000,000 each to Meredith’s parents John and Arline Kercher, E1,500,000 each to Meredith’s brothers John and Lyle Kercher plus E30,000 costs in legal fees/costs + VAT. Also E1,500,000 plus E18,000 in legal fees/costs + VAT to Meredith’s sister, Stephanie Kercher.


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

By Brian S

And so decided that Raffaele Sollecito and Amanda Knox should face trial.

First, just to recap: Judge Micheli presided over both Rudy Guede’s trial and sentencing to 30 years and the final hearing that committed the two present defendants to trial.

Ten days ago, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English used here were by native-Italian speakers and fellow posters Nicki and Catnip.

Right at the outset of his Sentence Report on the conviction of Rudy Guede, Judge Micheli stated that it was neither the place nor his intention to make the case against either Raffaele Sollecito or Amanda Knox. He said he must necessarily involve them to the extent that they were present at the discovery of Meredith’s body. He said he must also examine evidence against them where he saw it as indicating that Rudy Guede was not a lone wolf killer and implicated them as his possible accomplices in Meredith’s murder.

Judge Micheli described the sequence of events laid out by the prosecution which lead to the discovery of Meredith’s body:

Early on the morning of November 2nd, Signora Lana Biscarini received a bomb threat call made to her home at 5A Via Sperandio. (This later transpired to be a hoax.)

Some time later Signora Biscarini found a mobile phone in her garden. She “had heard” that bombs could be concealed in mobile phones and so she took it to the police station arriving at 10:58am as recorded by ISP. Bartolozzi

The postal police examined the phone and following removal of the SIM card, discovered at 11:38am that it belonged to a Filomena Romanelli who lived at the cottage at 7 Via della Pergola. Following a call by Signora Biscarini to check with her daughter who was still at home, it is in the record at 11:50am that neither say they know the Filomena in question. At around noon Signora Biscarini’s daughter rings her mother at the police station to say she has found a second phone.

The second phone (Meredith’s) is collected from Via Sperandio and taken to the police station. Its receipt there is logged by ISP. Bartolozzi at 12:46pm. During its examination Meredith’s phone is also logged as connecting to the cell of Strada Borghetto di Prepo, which covers the police station, at 13:00pm. At 13:50pm both phones, which have never left the police station following their finding, are officially seized. This seizure is entered in the log at 14:00pm.

Separately, as part of the bomb hoax investigation, agents of the postal police are dispatched to make enquiries at Filomena’s address in Via della Pergola.

They are recorded in the log and filmed on the car park camera as arriving at 12:35pm. They were not in possession of Filomena’s phone, which remained at the police station, nor of Meredith’s which at this time was being taken from Via Sperandio to the police station for examination as part of the bomb hoax enquiry.

Judge Micheli said that some confusion was created by the evidence of Luca Altieri (Filomena’s boyfriend) who said he saw two mobile phones on the table at the cottage. But, Micheli said, these two phones either belonged to the others who arrived, the postal police themselves or Amanda and Raffaele. They were NOT the phones of Filomena or Meredith.

On their arrival at the cottage, the agents of the postal police found Raffaele Sollecito and Amanda Knox standing outside the front door.

The two seemed surprised to see them (the postal police had come to talk to Filomena about a bomb hoax which potentially involved her phone, plus they had recently been informed of the discovery of second phone in the same garden), but then they explained they had discovered suspicious circumstances inside the cottage.

Raffaele said he had already phoned the police and they were awaiting their arrival in connection with that. Elsewhere in his report Micheli points out that Raffaele did, in fact, make a call to his sister at 12:50pm, followed by two calls to “112” reporting a possible burglary at 12:51 and 12:54pm, 15 minutes after the arrival of the postal agents.

Judge Micheli said the postal police were shown into the cottage by Raffaele and Amanda. They pointed out the traces of blood around the apartment, the state of the toilet and the disturbance to Filomena’s room. They said they didn’t think anything had been taken. They pointed out that Meredith’s door appeared to be locked, Raffaele said he had tried to open it, but Amanda said Meredith used to lock the door even when she was going to the bathroom to shower.

Shortly afterwards Luca Altieri and Marco Zaroli arrived. Luca said he had just been contacted by his girlfriend Filomena, who in turn had just been contacted by Amanda Knox about the possible break in. A few minutes later, Filomena herself arrived with Paola Grande. Micheli noted that Filomena had immediately contradicted what Amanda had told the postal police and she said that Meredith never locked her door. She also told the postal police that the phone found with a SIM card in her name was in fact Meredith’s 2nd phone, that she had given Meredith the SIM as a present. The postal police said that they didn’t have the authority to damage property and so the decision was made that Luca would break down the door.

This he did. The scene when the door flew open was instantly obvious, blood everywhere and a body on the floor, hidden under a duvet except for a foot and the top of Meredith’s head. At that point ISP Battistelli instantly took charge. He closed the door and forbade anyone to enter the room before contacting HQ.

Following his description of the events which lead to the discovery of Meredith’s body, Micheli then dedicates quite a few pages of his report to detailing the exact locations, positions, descriptions and measurements of all the items, blood stains, pools and spots etc.etc. found in her room when the investigators arrived. He also goes into precise details on the injuries, marks, cuts and bruises etc. which were found by Lalli when he examined Meredith’s body in situ at the cottage before she was moved. Despite their extent, it is obvious these details are only a summary of the initial police report and also a report made by Lalli on the 2nd November.

It is these details which allowed the prosecution to lay out their scenario for the events which they say must have happened in the room. It is also these details which convince Micheli that it was impossible for this crime to be carried out by a single person. In his report, he dismisses completely the scenarios presented by the defences of Amanda and Raffaele for a “lone wolf killing”. Micheli says that he is convinced that Meredith was sexually assaulted and then murdered by multiple attackers.

Judge Micheli also explains in his report how the law will decide on sexual assault or rape where the medical report (as was Lalli’s) is somewhat inconclusive. Else there would be no point in a woman reporting rape unless she had serious internal injuries. His conclusion: Meredith was raped by Rudy Guede manually.

So why does Judge Micheli believe that Amanda Knox and Raffaele Sollicto were possible accomplices of Rudy Guede and should be tried for the murder of Meredith Kercher?

In his report, he doesn’t look at the evidence which involves just them, nor does he analyze their various stories in his report. He doesn’t look at events involving them which occurred between the 2nd and 5th November. He does note a few items here and there, but these aren’t given as the major reasons for his decision to indict them.

He notes Raffaele’s apparent lies about the time he made the 112 phone calls. He dismisses Raffaele’s defense claim that the disposal of Meredith’s phones didn’t allow time for Raffaele to get to the cottage after watching his film, kill Meredith, and then dispose of the phones in Via Sperandio before the aborted call to Meredith’s bank. He noted that the cell which picked up the brief 10:13 call to Meredith’s bank also picked up most of Meredith’s calls home.

He asked whether it was possible for anybody to believe that each time Meredith wanted to phone home, she walked down to Via Sperandio to make the call. He notes that the police found Amanda and Raffaele’s behaviour suspicious almost straight away. He notes that Filomena said that the relationship between Amanda and Meredith had deteriorated by October. He says he doesn’t believe at all that cannabis caused any loss of Amanda’s and Raffaele’s memories.


Judge Micheli says he bases his decision on the following points of evidence:

[Note: The following paragraph numbers form no part of Micheli’s report. They are used in the context of this summary to identify the points of evidence contained in his report which will be examined and summarised in greater detail in follow-up posts]

1) Judge Micheli, after hearing both prosecution and defense arguments about Meredith’s and Amanda’s DNA on the knife and Raffaele’s DNA on Meredith’s bra clasp, accepted the prosecution argument that that both were valid evidence. He did note, however, that he fully expected that the same argument would be heard again at the full trial. In his report, Micheli dedicates several pages to explaining the opposing arguments and how he made his decision to allow the evidence. It is a detailed technical argument, and it is not proposed to examine it any closer in this post.

2) Judge Micheli explains that blood evidence proves that Meredith was wearing her bra when she was killed. Nor is it just the blood on her bra which demonstrates this. It’s also where the blood isn’t on her body. He says that Meredith was wearing her bra normally when she laid in the position in which she died, and she was still wearing it for quite some time after she was dead. Her bra strap marks and the position of her shoulder are imprinted in the pool of blood in that position. Meredith’s shoulder also shows the signs that she lay in that position for quite some time.

He asks the question: Who came back, cut off Meredith’s bra and moved her body some time later? It wasn’t Rudy Guede. He went home, cleaned himself up and went out on the town with his friends. Judge Micheli reasons in his report that it could only have been done by someone who knew about Meredith’s death and had an interest in arranging the scene in Meredith’s room. Seemingly who else but Amanda Knox?

She was apparently the only person in Perugia that night who could gain entry to the cottage. And the clasp which was cut with a knife when Meredith’s bra was removed was found on November 2nd when Meredith’s body was moved by the investigators. It was right under the pillow which was placed under Meredith when she was moved by someone from the position in which she died. On that clasp and its inch of fabric is the DNA of Raffaele Sollecito and Amanda Knox. Micheli reasons in his report that Raffaele and Amanda seemed to have returned to the cottage some time after Meredith was dead, cut off her bra, moved her body, and staged the scene in Meredith’s room.

3) Judge Micheli explains his reasoning on the method of Rudy’s entry into the cottage. He says that Rudy’s entry through the window is a very unlikely scenario and the evidence also indicates otherwise. He says the height and position of the window would expose any climber to the full glare of traffic headlights from cars on Via della Pergola. He asks, why wouldn’t a thief choose to break in through a ground floor window of the empty house? He says the broken glass and marks on the shutter both demonstrate the window was broken from the inside, some of the glass even falling on top of Filomena’s clothes which had been thrown around the room to simulate a robbery.

But his major reasoning for believing Rudy’s entry was through the front door are the bloody bare footprints which show up with luminol and fit Knox’s and Sollecito’s feet. These suggest that they entered Filomena’s room and created the scene in there after Meredith was killed. Allessandra Formica witnessed Rudy run away shortly after Meredith was stabbed. Someone went back later, left those footprints and staged the scene.

This, when considered in combination with the knowledge that person demonstrated of Rudy’s biological involvement with Meredith when they also staged the sex assault scene in Meredith’s own room indicates that that person was present when Meredith was assaulted and killed. He said it also demonstrated an attempt by someone who had an interest in altering the evidence in the house to leave the blame at Rudy’s door. Micheli reasoned, the only person who could have witnessed Rudy’s earlier sex assault on Meredith, could gain entry via the door and had an interest in altering the crime scene in the house appeared to be Amanda Knox. In his report, Micheli states that this logic leads him to believe that Amanda Knox was the one who let Rudy Guede into the cottage through the front door.

4) Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith. In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.

Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.

5) Judge Micheli examines the evidence of Hekuran Kokomani and finds him far from discredited. His says the testimony is garbled, his dates and times makes no sense but…. that Hekuran Kokomani was in the vicinity of the cottage on both 31st Oct. and 1st Nov isn’t in doubt. Furthermore, Micheli says that when he gave his statement, the details which he gave of the breakdown of the car, the tow truck and the people involved weren’t known by anyone else. He must have witnessed the breakdown in Via della Pergola. The same breakdown was also seen by Allessandra Formica shortly after Rudy Guede collided with her boyfriend.

This places Hekuran Kokomani outside the cottage right around the time of Meredith’s murder and he in turn places Raffaele Sollecito, Amanda Knox and Rudy Guede together outside the cottage at the same time. His evidence also places all three outside the cottage at some time the previous night.

Judge Michelii found that all this evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.


Understanding Micheli #3: How Damning Is The DNA Evidence Coming Up?

By Nicki

Probable answer? Pretty damning.

Judge Micheli has had two very important roles. He presided over Rudy Guede’s trial and sentencing, and he presided over the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

Late January, Judge Micheli made public the 106-page report that explains the thinking behind both actions. These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales.

The trial to establish the truth about the murder of Meredith continues next Friday. As we’ve reported, various human witnesses have already been heard from: the Postal Police who discovered Meredith’s body, Meredith’s two Italian roommates, and her seven British friends.

Coming up soon is a more silent witness, one very important to both the prosecution and the two defenses: the DNA evidence.

Specifically the DNA belonging to Meredith, Knox, Sollecito, and Guede which was found at the scene of the crime, and on the suspected murder weapon found, apparently hidden, in Raffaele Sollecito’s house.

Traces of Meredith’s DNA have been found on a knife compatible with the wounds that caused her death. Amanda Knox “˜s genetic material was identified on the knife handle. DNA belonging to Sollecito has been found on the clasp of the victim’s bra. And more DNA showing Rudy Guede’s genetic profile was found on the victim’s body and elsewhere in the house.

In summary, the biological sources and locations where DNA belonging to the three defendants was found are these:

  • Guede’s DNA (from epithelial cells) was found inside Meredith, on toilet paper, on the right side of Meredith’s bra, mixed with Meredith’s DNA on the her purse zip, and on the left cuff of Meredith’s light blue sweater
  • Sollecito’s DNA (from epithelial cells) was found on Meredith’s bra clasp, mixed with Meredith’s DNA, and on one cigarette butt found in the kitchen
  • Knox’s DNA (from epithelial cells) was found on the knife sheath, and close to the blade junction. It was not possible to ascertain both the haematic and epithelial source of Meredith’s DNA on the knife blade, due to the scarcity of the sample. But Judge Micheli noted that reasonable doubt persist that blood could have been present also.
  • Other significant biological traces belonging to Meredith - for example, DNA originating from the blood-trace footprints revealed by luminol found in Filomena’s bedroom, as already reported at trial.

Claims of contamination and “poor matches” of the DNA samples were raised by the Sollecito and Knox defenses, although not by Guede’s. The DNA expert Dr. Stefanoni’s arguments in reply to the defenses’ claims are summarized in Judge Micheli”˜s report.
 
Dr Stefanoni reported that the locus ascribable to Meredith and identified on the knife blade shows readings of 41 and 28 RFU. Conventionally, RFU values lower than 50 can be defined as low. But she maintained that the profile matched Meredith’s by explaining that there is no immediate correlation between the height of the peaks obtained by electropherogram and expressed in RFU, and the reliability of the biological investigation.

In fact “even if statistically - in most cases - the RFU data is directly proportional to the possibility of a certain interpretation of the analysis result, on the other side many cases of high peaks of difficult interpretation exist (because of background noises), as well as low peaks that are objectively unquestionable, hence the need to proceed to the examination of data that is apparently scarce, but that mustn’t be considered unreliable per se.”

*The use of multiplex PCR and fluorescent dye technology in the automated detection and analysis of short tandem repeat loci provides not only qualitative information about the profile - i.e. which alleles are present - but can provide also quantitative information on the relative intensities of the bands, and is therefore a measure of the amount of amplified DNA.”

So if on one side Dr Stefanoni admits that the RFU readings are low, on the other her experience suggests that many cases of unquestionable matches exist showing readings lower than 50 RFU, and this appears to be the case with Meredith’s DNA sample on the knife.


Contamination in the laboratory is categorically excluded by Dr Stefanoni. The samples were processed with maximum care in order to avoid any contamination during lab procedures. Contamination during the collection phase is excluded by Judge Micheli, as the samples were collected by different officers at different times in different places (example Via della Pergola at 9:40am on Nov 6. 2007, and Sollecito’s apartment at 10:00am, on the same day, by a different ILE team).

As for Sollecito’s DNA found on the bra clasp, the match is unquestionable, according to the lab reports. Samples from crime scenes very often contain genetic material from more than one person (e.g. Rudy Guede’s DNA has been identified in a mixture with the victim’s DNA in a few places), and well-known recommendations and protocols exist in order to de-convolute mixed samples into single genetic profiles.

So if the lab reports indicate that unquestionable biological evidence of Sollecito’s DNA was found on the bra clasp, at the present time we have no reason to believe that these recommendations weren’t followed and that therefore the reports are not to be trusted.

As to cells “flying around” depositing themselves ““ and their DNA content - here and there around the murder scene, there have been some imaginative theories advanced, to say the least.

The reality though is that although epithelial cells do shed, they don’t sprout little wings to flock to one precise spot, nor grow feet to crawl and concentrate on a piece of evidence. There needs to be some kind of pressure on a surface in order to deposit the amount of biological material necessary to yield a reliable PCR analysis result. A simple brushing will not do. 

As a matter of fact, Dr Stefanoni agreed with Guede’s defense that Guede”˜s genetic material found on the left sleeve of Meredith’s blouse was minimal; and this was because the DNA found there belonged to the victim and was not a mixture. In the situation where there is a clear disproportion between quantitative data of two DNA’s coexisting in a biological trace, the PCR will amplify the most abundant DNA.

As agreed by Dr. Stefanoni and Guede’s defense, the conclusion here was that on the left sleeve there was plenty of Meredith’s DNA but very little of Guede’s. (This was used by his defense to deny that Guede had exerted violence on Meredith’s wrist).

After listening to the arguments of the prosecution and the defenses, Judge Micheli provided reasons why he rejected the contamination claims and ruled that all the biological traces identified as reflecting Sollecito’s and Knox’s DNA are admissible as evidence. He arrived at the conclusion that the DNA evidence is sound and, considered along with the non-biological proof, he decided there was more than enough evidence to order Knox and Sollecito to stand trial. 

Regarding the biological significance of the traces, we are now looking forward to hearing the Knox and Sollecito defenses’ counter-arguments.  But as we understand it now, the DNA evidence for the trio having all been involved in the murder seems pretty damning.


Understanding Micheli #4: The Staged Scene - Who Returned To Move Meredith?

By Brian S

Please be warned that this is sad and hard-going, although many other passages from the Micheli report we will never post on here are even more harrowing.

Just to recap. Judge Micheli presided over Rudy Guede’s trial and sentencing and the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

Late January he made public the 106-page report that explains the thinking behind both actions. These posts are examining key areas of the report so that we too may decide on the rationales.

This post is about the final position of the body. Why this matters so much is that if the evidence holds firm, all by itself it will prove that there was a major rearrangement of the crime scene, to try to throw investigators off the trail.

This is as near to an 80,000 pound gorilla in the room as we are likely to see in this trial. And it may even be on the trial agenda for this coming Friday and Saturday.

Reports by the crime-scene investigators and Dr Lalli are summarised in Judge Micheli’s report. They describe the detail of the scene discovered in Meredith’s room. The investigators measured and photographed the position and state of everything, including blood, as it was in the room before anything was moved.

Amongst the items noted was a white bra. Some parts were soaked in blood, particularly the right shoulder strap and the outside of the left cup. They also noted that a portion of the backstrap with its clasp fixings was missing. Meredith herself was lying on her back midway between the wardrobe and the bed, without her jeans, a pillow under her buttocks and her top rolled up to reveal her chest.

Following this survey, Meredith’s body was then turned and moved by the investigators. This revealed the other items on which her body had lain. A tennis shoe, a white sheet from the bed and a blue zipped top, all with blood stains. Also a green bath towel and an ivory bath towel, both soaked in blood, and underneath the pillow was the missing clasp section of the bra back-strap.

Judge Micheli notes that Amanda’s defence claimed that “the small round spots of blood” apparent on Meredith’s chest indicated that she was not wearing her bra when she was killed. He agreed that it was likely that these spots fell from Meredith’s gasps for breath as she lay on her back after she had been stabbed. However, he could not agree with their conclusion that her bra had been removed before this time, as similar small round spots were also found on Meredith’s bra.

Micheli reasoned that this indicated that Meredith was still wearing her bra as she gasped for breath, but that her top was rolled up and the bra moved also. Thus indicating the sexual nature of the original attack, but also allowing the small round spots to fall on both chest and bra. Furthermore, other blood evidence involving the bra indicated that it wasn’t removed until some time after Meredith had died.

He said that Meredith’s bra was found by investigators away from other possible blood contamination on the floor, near to her feet. Photographs of Meredith’s body show clear white areas where the bra prevented blood from falling onto Merediths body. These white areas corresponded to those areas where blood was found on her bra. This was particularly true in the area of the right shoulder strap which was soaked from the wound to Meredith’s neck.

Micheli said that evidence showed that Meredith had lain on one shoulder near the wardrobe. She lay in that position long enough for the imprint of her shoulder and bra strap to remain fixed in the pool of blood after she was moved to the position in which her body was finally found. Photographs of blood on her shoulder matched the imprint by the wardrobe and her shoulder itself also showed signs that she had remained in that position for some time.

Based on all this, Judge Micheli concluded that there could be no doubt that Meredith’s body was moved away from the wardrobe and her bra removed quite some time after her death.

Neighbor Nara Capezzali had testified that people fled from the cottage within a minute of Meredith’s final scream. There was no time for any alteration of the crime scene in those very few moments.

Judge Micheli asks in his report, who could have returned later and staged the scene which was found? Who later moved Meredith’s body and cut off her bra? He reasons it could only be someone who had an interest in changing what would become a crime scene found at the cottage. Who else but someone who lived there, and who wanted to mislead the coming investigation?

It couldn’t have been Laura, she was in Rome. It couldn’t have been Filomena, she was staying with her boyfriend. It was very unlikely that it was Rudy Guede, all proofs of his presence were left untouched.


The culprits ran from the cottage in different directions and there is no reason to believe they met up again before some or one of them returned. Judge Micheli stated that, in his opinion, this just left Knox who would seem to have an interest in arranging the scene the police would find.

Bloody footprints made visible with luminol in Filomena’s room contain Meredith’s DNA. This indicated to Judge Micheli that the scene in Filomena’s room was also staged after Meredith was killed.

In Micheli’s opinion the scene in Meredith’s room was probably staged to point the finger at Rudy Guede. All evidence related to him was left untouched, and the pillow with a partial palm print was found under Meredith’s repositioned body.

But whoever later arranged that scene in Meredith’s room also unwittingly indicated their own presence at the original sexual assault. Who else could have known that by staging an obvious rape scene, they would inevitably point the investigators towards Rudy’s DNA which they knew could be found in Meredith?

Micheli asks: Seemingly, who else could it have been but Amanda Knox? And this in part is why she was committed to trial, for her defense to contend this evidence.


Monday, November 29, 2010

Explaining The Massei Report: The Timeline For Events Before, During, And After The Night #1

Posted by catnip




The Masssei Timeline To Midnight 1 Nov

These two posts list all of the events precisely timed in the Massei Report. Page numbers shown in brackets are those in the original Italian version.

This timeline will be reposted over on the TJMK Massei Report summaries and highlights page as we populate that page further starting this week.

There are plenty of mentions of imprecise occasions and general time periods, such as when Rudy told Giorgio Cocciaretto about liking Amanda (p26) or when lawyer Palazzoli found out their stolen computer had been recovered in Milan (p33), but they are not listed here.

nts_before_during_2/”>Post #2

Click here for the rest


Friday, March 12, 2010

Rudy Guede Now Counter-Claims From Prison That Knox And Sollecito Were Real Instigators

Posted by Tiziano


Please click here to read Rudy Guede’s hand-written letter from Viterbo Prison (above)  in Italian.

Below is our translation of the letter as posted by TGCom.

Rudy Guede was obviously provoked into putting his version of events out by the claim of Alessi (see video at bottom of this post) that he had a colleague with him on the night, and also by the finding of the judges in the Dispositivo that he was the prime instigator.

The complete text of the letter written by the Ivory Coast man.

Guede’s letter to News Mediaset.

Viterbo 07/03/2010

As usual in this beloved beautiful country of ours, there are many dishonest people given over to lying.  And there are likewise those who give these people a voice without the slightest questioning of their consciences, whether it’s worth the trouble of giving space to certain conjectures.

In recent days the only things I have heard have been blasphemous insinuations about me; baseless gossip which has done nothing other than harrying, hither and thither, TV news channels, even though for reasonable people it is the pure invention of a wicked mind.

It must be said that all I have heard in recent days in the media, about what has been falsely stated by this foul being by the name of Mario Alessi, whose conscience is nothing but stinking garbage, are purely and simply the ravings of a sick and twisted mind, his ravings are the dreamed-up, untrue declarations of a monster who sullied himself with a frightful murder in which he took the life of an angelic little human being, as is known throughout Italy. This fellow, now, is telling lies about things that I never said to him and (other things) that I never said, things that don’t exist either in this world or the next.

To his ““ or rather their- rotten declarations, it’s my intention to put in black and white that I never confided in this disgusting creature, since moreover that I’ve got nothing to confess or anything else (to say), and everything that I had to say I have already said to the judges and I will go on shouting and fighting while I am still alive, until the truth itself and justice itself prevail over such lies, and even less did I speak one to one or together with other people or with other inmates about my trial affairs, and if I had ever had something to say, don’t you believe that I would have talked about it with my lawyers?  Giving rise to and giving credit to what is a blasphemous statement made by a sick mind, to a monster who had no pity for a child.

With this latest scenario, which my lawyers, my family and I are now used to, from this latest person, the monster Alessi, I hope that Italians and the rest of the world realise that they are dealing with pigs, pigs which stink of the slime of falsehood, but which, not withstanding everything, go around showing their faces and suffocating people with their fetid lying.

Like their umpteenth scenario which does nothing more than give me the strength and the awareness to struggle more than ever, so that the truth that they want to hide is revealed for everyone to see.

As far as I’m concerned, (I have) the serenity and the calm of complete peace of mind, as a person who does not parade this unfair suffering, but who trusts in justice and in the good sense of Italians. 

And finally I wish that sooner or later the judges will recognise my complete non-involvement in what was the horrible murder of the splendid, magnificent girl who was Meredith Kercher, by Raffaelle Sollecito and Amanda Knox.

Guede Rudy

Below: Alessi’s statement at Viterbo Prison to Raffaele Sollecito’s defense team. Warning: this very self-serving statement by Alessi is graphic and offensive, as well as, in our view, almost certainly untrue. 

Rudy Guede will be interrogated on the claims in this statement today Friday by Mr Mignini and Ms Comodi at Viterbo Prison. There could be news coming out of this interrogation later today.


Sunday, February 28, 2010

This Was Definitely Not A Close Or Indecisive Case - Reasonable Doubt Was In Fact Totally Eliminated

Posted by FinnMacCool




Trashing Of Hard Evidence Gets Worse

You can see from the posts directly below that the Knox-was-framed camp is, if anything, becoming more superficial with all those pesky facts rather than less.

Hard reality is that nobody has ever come within light-years of constructing an alternative scenario of the crime. Hard reality is that for Knox and Sollecito the totality of the facts, seen together as the judges and jury did, are extremely damning. Hard reality is that the verdicts were decisive and unanimous. And hard reality is that Judges Sentencing Report due out some time this week will apparently be quite definitive.

Click here for the rest


Friday, November 20, 2009

The Summations: More On How The Prosecution Launched Forth - And On Possible Motive

Posted by Tiziano



[Above: The two prosecutors today - click for larger image]

The TGCOM news service quoted this statement on the theory of the motive.

“Amanda Knox harbored hatred for Meredith… and so it was time for revenge rather than flirting….” According to the prosecutor Amanda wanted revenge on “that girl who was only with her English friends, and who reproached [Amanda] for her lack of cleanliness.” Thus was set under way “the calvary of Meredith.”

And this report from Umbria Journal adds details to the description posted below from Il Mattino

PM Giuliano Mignini spoke of a “unique event” of a trial which has “involved three continents”, opening his summing-up address in the trial of Raffaele Sollecito and Amanda Knox.

“A media trial in which the elements which emerged in court largely vanished,” the magistrate affirmed. “Detectives in search of notoriety, writers, bloggers, and mystery writers alternated with one another in a sort of parallel trial. But the trial is taking place only in this court room.”

Rudy Guede has been the “convitato di pietra” [literally, silent guest] in the trial of RF and AK according to Mignini. “In a way he has always been present,” the magistrate said referring to the Ivorian, already condemned to 30 years in prison by fast-track trial for complicity in the murder of Meredith Kercher with the two young people.

“Supporters of Sollecito and Knox” Mignini stressed “don’t stop at proclaiming their innocence, but they accuse him [Guede] too. They say that they were not at the crime house, but they also say the assassin is Guede. The accused wanted to create a parallel trial without his being able to defend himself.”

The PM then claimed that the breaking of a window in the bedroom of one of the Italian housemates of Knox and Meredith Kercher carried out according to the prosecution to mislead the investigations “is the special key to the event and the mystery. If it was simulated, as is evident, the authors are Knox, and Sollecito who always followed her. And the objective was to turn away suspicion.” The magistrate defined the break-in as “the nail on which the defences of the accused are hanging.”

“A nail” he averred “which has fallen down noisily and with it the the defences.” For Mignini the theft was simulated “from the inside, by someone who wanted to turn away suspicions and maybe direct them towards Rudy.”

Amanda Knox “knowingly accused an innocent man”... The reference is to Patrick Lumumba who, however, he did not expressly name, involved in the investigations of the murder of Meredith Kercher through the statements to the police of the young American and then absolved of any wrong-doing (he has actually nominated as a civil complainant against the American who is accused of defamation against him).

“Amanda” the [prosecutor] stressed “did not lift a finger while he was languishing in prison. Neither she nor her mother who was in her confidence. And what a coincidence” Mignini continued “it was a matter of a coloured person like Rudy”

 


Saturday, July 04, 2009

Trial: ABC News Reports On The Trial Happenings On Friday

Posted by Peter Quennell




1. Overview

Click above for Rome-based Ann Wise’s report on what happened in court today.

2. Defense Witness Demonstrates Breaking Windows

Prosecutors say Knox and Sollecito staged a break-in to make the murder appear to be the result of a botched theft. A window in the bedroom of Filomena Romanelli, Knox and Kercher’s housemate, was broken, and glass shards and a 9-pound rock were found in the room.

The prosecution presented witnesses and evidence that suggest the window was broken from the inside.

Francesco Pasquali, a retired forensic police officer hired as a consultant by Sollecito’s defense, presented a video in court that included three different scenarios showing how the rock could have been thrown from the outside to break the window, located 13 feet off the ground.

According to Pasquali, the rock was thrown from a terrace across from the window, making the glass “explode” on the inside and spreading glass fragments everywhere on the inside and the outside of the windowsill.

Pasquali said that he had re-created the same conditions that were found in Romanelli’s room at the time of the break-in. Pasquali said he constructed a window of the same size, with the same paint and the same type of glass, and threw the rock through it into a room with the same characteristics as Romanelli’s room. Two video cameras—one inside and one outside—filmed the rock being thrown through the glass.

By analyzing the trajectory of the rock and the projection of the glass shards, Pasquali said he could “exclude that the glass could have been broken from the inside.”


3. But Pasquali Has To Back Down

Prosecutors, however, contend that shutters outside the window could have prevented a rock from breaking it….

The two prosecutors in the case, Giuliano Mignini and Manuela Comodi, made a number of objections when they cross-questioned Pasquali, who admitted that he had not taken into account the fact that there were shutters on the outside of the original window.

Prosecution witnesses have testified that the shutters were partially closed on the morning after the murder, and Pasquali conceded that the closed shutters would have prevented a rock from the breaking the window from the outside.

“It does not take a technician,” Pasquali said. “If the shutters were ajar then the rock couldn’t fit through.”

As we mentioned earlier, the prosecutors also got Pasquali to admit that, besides omitting those shutters, he had also omitted the mostly-drawn curtains in his simulation.

They could have radically altered the broken-glass pattern.

4. ATM withdrawal from Meredith’s bank account

The director of a local bank, Paolo Fazi, testified that 20 euros ($28) had been withdrawn from Meredith Kercher’s account Nov. 2—the day her body was found.

But he also said that the bank accounting date does not necessarily reflect the actual date of the ATM withdrawal, and that only Kercher’s British bank would have that date.

Someone from the British bank is expected to testify in upcoming hearings. Knox and Sollecito are… accused of stealing Kercher’s credit cards, her cell phones and 300 euros ($420) in cash…


5. Guede at disco early AM

A University of Perugia student told the Perugia court that he had seen Guede at a local disco in the early morning hours of Nov. 3, after Kercher’s murder.

Pietro Camplongo said Guede was dancing alone, and that people were keeping their distance from him, because he smelled “as if he hadn’t washed.”


6. Amanda Knox family in court

[Knox during a break] graciously accepted a chocolate from Sollecito, thanking him out loud. It is reportedly the second time he has given her a chocolate.

Knox’s younger sister, Deanna, 20, appeared in court for the first time on Friday, along with Knox’s mother, Edda Mellas… Deanna Knox had been to Perugia and visited Knox in jail, but she had not returned since the trial started in January.

Knox’s half-sister Ashley, 13, also came to court Friday morning but was asked to leave by the judge, because she is a minor.


Friday, June 12, 2009

Powerpoints #13: 150 Questions For The Defendants They Have Incessantly Avoided

Posted by Kermit





Click here if you have Powerpoint or the Powerpoint Viewer program loaded. If not here is the Viewer download.

We who offer this site in memory of Meredith want above all for the truth and the whole truth to come out.  The full story behind this horrific crime of great violence in Italy, and why such a wonderful girl had to die.

Meredith’s terribly suffering family in London have repeatedly said, to them it’s the truth that matters most. They want to know why their daughter and sister was deprived of a lifetime of promise, and why the violence to her had to be so great.

Meredith’s many sad friends in London and Leeds, and in other places in England and around the world - many of whom may now have a life-time of loss and adjustment - also absolutely deserve to get to know.

And millions of decent people in Italy and in England and throughout Europe and increasingly the US are now also seriously asking: why? Exactly what happened that night in Perugia, and need it ever happen again?

These 150 questions, truthfully answered, should bring out all there is to know about this case. They may or may not mirror what the prosecutor has in mind, but we think they would provide all of the picture.

Please go for it, Amanda? For Meredith’s sake. And for her ever-deprived family. And for all those others sadly affected. Whether or not you were actually involved, truthfully tell us now all that you know.


Friday, May 01, 2009

Underlying All Scenarios: The Organised Versus The Disorganised Offender?

Posted by Miss Represented




An Overview

This post is cross-posted here from my own website.

The recent 48 Hours mystery show once again attempted to lend credibility to the virtually laughable lone wolf theory. Despite its inaccuracies it seems fairly clear that the friends and family of Amanda Knox in all likelihood encouraged the 48 Hours show to air before the presentation of the crucial DNA evidence shortly to be discussed in court.

Timing is after all everything and it may have been the last time anyone would actually take the show seriously, especially considering the main theme of the show boiled down to the simply ludicrous suggestion that Amanda Knox is somehow a victim in this case and the lone wolf theory is still a credible and valid scenario for what happened that night. For those of you who are still unaware of precisely what that means, it is the idea that Rudy Guede scaled a virtually un-climbable wall and crawled in through a window of the cottage in order to sexually assault and murder Meredith Kercher.

Many following the case long ago dismissed the theory as fantasy, even Guede himself who in his statements to police and diaries admits he was not the only person in the cottage that night. Yet we must also consider that this is virtually the only scenario that the defence can now use to exonerate Amanda and Raffaele as they both strenuously deny any involvement in Meredith’s murder.

Despite the physical evidence suggesting their possible role, copious amounts of physical evidence of Guede’s involvement was found at the crime scene and a smaller amount of evidence leading to the defendants. The defence maintain this is the result of contamination and the abundance of his fingerprints and DNA suggests Guede and Guede alone killed Meredith. The prosecution allege that both Amanda and Raffaele were present in the cottage the night Meredith was killed and that once Guede had fled, a well organised and methodical clean up took place to conceal any physical evidence linking them to the crime scene. Unsurprisingly plenty of Guede’s DNA and fingerprints were left for investigators to find.

I discussed the lone wolf theory a few months ago, but as I have often found with this case, new information, ideas and personal reflection often encourages me to revisit important areas in more detail or with a slightly different perspective. I have decided to take a fresh look at this theory and explain why it is completely at odds with current psychology research and how evidence available about the set up and implementation of the crime further discredit this theory as a possibility. I have decided to write this at what is possibly the most crucial part of the trial proceeding so far: The presentation of the physical evidence linking Amanda and Raffaele to the murder of Meredith Kercher.

The Organised vs. Disorganised Offender

Although the definition of homicide is reasonably clear cut, the definition of sexual homicide is much more ambiguous. There are several clear differences seen in sexual murders: Firstly the idea that killing itself is sexually arousing, secondly that the murder is carried out in order to cover up a sexual crime and finally that the offence is a homicide that has some sexual component, but in which the exact motivational dynamics remain unclear (Schlesinger, 2007). The latter seems to be the most likely scenario in this case, despite the definition being slight ambiguous it does seem clear that the murder of Meredith Kercher was a sex related homicide, possibly with a rape/sodomy motivation.

According to “˜The Handbook of Psychological Approaches with Violent Offenders’, the organised vs. disorganised crime scene characterisation of sexual homicide offenders provides a useful insight into these types of crime (Ressler et al, 1986). Clues left at the crime scene can often indicate possible personality characteristics or clues about those involved, as can the nature of the offence, the way it was planned and executed.

The organised offender

Crimes committed by an organised offender are often carefully planned and executed, there is often evidence suggesting the offender brought with them items necessary to commit the crime (such as rope or tape to bind and silence the victim), especially those that might ensure they are able to fulfil certain needs or fantasies through the act of committing the crime. There is often evidence of careful planning and as a result these offenders are usually harder to catch as they are careful about leaving trace evidence behind.

The disorganised offender

A disorganised offender on the other hand often leaves a chaotic scene behind with evidence suggesting a spontaneous or unplanned attack with very little prior planning or pre preparation. The staging of a crime scene often occurs as a direct result of a spontaneous disorganised offence and is usually spotted by investigating officers as the resulting scene is conflicted and full of red flags. By their very nature, organised offenders have no need to stage a scene as theoretically they perceive to have prepared sufficiently to avoid detection in other ways. Disorganised offenders will often stage a crime scene to cover the spontaneity of the act and the inevitable fear of being caught.

The murder of Meredith Kercher

The evidence available so far indicates that this was a disorganised offence. The crime scene photos that have been released show a messy and chaotic scene, clothes all over the floor and blood everywhere. Evidence of staging also indicates a disorganised offence as does the alleged clean up attempt. Despite the evidence suggesting a certain amount of premeditation with the murder weapon having been taken from Raffaele’s apartment to the cottage, there is no way of proving that the intention was to kill Meredith with this knife therefore we cannot necessarily conclude this was an organised offence based solely on this information. Similarly, injuries sustained by the victim also suggest she was forcibly held and that some attempt was made to silence her, yet if we are to conclude this was an organised offence, surely the offender would have brought something with which to bind and/or gag the victim?

This does not seem to be the case but rather a spontaneous group attack that resulted in a violent and chaotic murder with a subsequent panicked attempt at concealing the truth about what had happened. This leads me to conclude that the murder of Meredith Kercher is an example of a disorganised sexual homicide. None of the group had any history of violence which can in part be explained by a group dynamic. Unsurprisingly, research indicates that 64% of first time violent sexual homicides can be classified as disorganised.

Further Confusion

Despite certain pieces of evidence suggesting that this was a disorganised offence, there are elements of the crime that do not fit this conclusion. Meredith was almost certainly sexually assaulted whilst she was still alive, an attempt was made to restrain her and evidence from a break down truck driver suggests that Raffaele’s Audi may have been in the driveway of the cottage that night. Sexual assault on a live victim, evidence of restraint and evidence suggesting an offender may have driven to the scene of the crime are all associated with organised offenders. This coupled with the suggestion that the murder weapon may have been taken to the crime scene rather confuses a possible classification of a disorganised offence

As I have said many times with these types of theory and research based pieces, no theory is ever perfect especially one as reductionist as the organised/disorganised offender. This theory has been criticised for these reasons in the past. Despite this, many profilers and police officers find these sorts of classifications useful and can usually see evidence pointing to one type or another.

I believe this theory is perhaps too simplistic as it does not take into account the involvement of one or more persons in a violent sexual homicide. The slight confusion we have already seen in typology and classification of violence, added to this new confusion about whether this was an organised or disorganised offence only serves to encourage my belief that several motives, ideas and schemas about “˜how to humiliate/wind-up/hurt Meredith’ may have come into play that night. I have already suggested the possibility that there may have been a sadist in the room as well as very different motives for each of the individuals involved. The idea that certain elements of the crime are organised whilst others are disorganised not only encourages the idea that more than one person was involved but also suggests that at least one group member was firmly out of the loop.

The Blitz Attack

If Rudy Guede really had been a lone wolf killer, apart from the evidence suggesting that the break in was staged, he would almost certainly be a disorganised offender. Aside from the abundance of his DNA and fingerprints left at the scene, there are certain things we would expect to see from a lone disorganised offender that do not seem to be evident in this case.

Firstly, disorganised offenders often feel inadequate and their attacks are usually sexual in nature. These types of assailants, especially those with the intention of sexually assaulting or raping the victim, will often approach the victim from behind and due to the spontaneous nature of these offences they will usually initiate what’s known as a blitz attack. The blitz attack is primarily concerned with ensuring the victim is unable to resist or fight usually because the offender doubts their own ability to subdue the victim. The most common method of ensuring compliance is to render the victim unconscious. Unfortunately due to the amount of force employed when administering blows to (often) the head, the victim usually suffers horrendous blunt force injuries which more often than not result in serious injury or death. Meredith had no such injuries and any injuries she did sustain came much later than the initial attack.

If we are to conclude that Rudy Guede was a typical lone, first time, disorganised killer we can surely conclude he would have participated in this style of ambush, after all in one study 82% of young offenders who engaged in sexual attacks of this nature did so by initiating a blitz attack on their victims. Similarly the lone wolf theory suggests that Guede climbed through a window in order to access Meredith when he could quite easily have knocked on the door and pounced or at least chosen a method of entry that was easier and less noisy. If we are to accept the lone wolf theory as credible then we must also accept that by climbing through the window, Rudy Guede was aiming to surprise Meredith by initiating an attack to subdue, sexually assault and kill her yet the evidence suggests no such blitz attack ever took place and that the victim was very much conscious throughout most if not all of her ordeal.

The injuries sustained by Meredith are concrete, unchangeable and unchallengeable. These injuries cannot be manipulated or denied to suit. Meredith sustained defensive knife injuries to her hands in what the medical examiner likely concluded was an attempt to fight off an attack from a person standing in front of her brandishing a knife. Victims of disorganised offenders especially those that adopt the element of surprise (as the lone wolf theory suggests by insinuating Rudy climbed through the window), very rarely have defensive injuries suggesting a struggle, Meredith had several including various bruises.

Similarly research about these types of offenders indicates they often mutilate the victim by cutting or slashing the breasts, face, abdomen and genital area. Meredith sustained no post mortem mutilation. These types of offenders will often sexually assault or rape the victim after death, the medical examiner has stated he believes Meredith was in all likelihood sexually assaulted before she was seriously injured and later killed, this itself indicates some kind of restraint would have been necessary,yet this type of behaviour is not associated with disorganised offenders. The victims of certain sexual homicides often suffer injuries consistent with those found on Meredith’s body, injuries such as evidence of manual strangulation and those consistent with overkill, yet the injuries sustained by the victim do not fit the current theory of what we would expect to find in a lone, first time disorganised offender like Rudy Guede also he had no history of violence.

The crime reconstruction and evidence from injuries sustained by the victim suggests she was ambushed rather than blitzed. This in itself could suggest a planned attack, a sudden burst of “˜group’ anger or an escalation of a previously planned event.

I have previously spoken about how three people with no history of violence could easily be just as, if not more violent than a single individual with a history of violence. I still maintain that Rudy Guede would be extremely unlikely to commit this sort of violent offence alone and without provocation or consultation with anyone else. The same questions remain, why did he choose Meredith? How did he know she would be alone?

These are all questions that are never likely to be answered. This theory quite simply does not fit. It will never fit because it didn’t actually happen and insinuating that it did not only makes the 48 hours show and everyone associated with it look incredibly stupid, it also attempts to challenge an awful lot of literature and an awful lot of people, much smarter and more knowledgeable than I that will tell you exactly the same thing. Rudy Guede has not, will not and will never be proven a lone wolf killer.

A Toilet Break?

If we are to believe that Rudy Guede was a lone wolf, so overcome by lust for Meredith he broke into her house in order to rape and or kill her then we’d have almost certainly seen further evidence of sexual activity. So far the sexual assault Meredith suffered seemed to have been abandoned at some point, a point I believe Rudy “˜bottled it’ and, possibly due to excitement, fear or drugs, headed for the toilet. These sorts of actions in a lone offender do not make sense. Something spooked him that’s for sure and if he had been a lone offender there is absolutely no way he’d have left his victim in a position to escape or alert the police by going to the toilet in the middle of the attack.

Rudy admits to being at the cottage the night Meredith was killed and maintains he was on the toilet after eating a spicy Kebab when someone came into the house and stabbed Meredith. He claims to have tried to help her and then became scared and ran away. I don’t need to tell you that most of this story is what one judge accurately described as a “˜highly improbable fantasy’ yet his faeces was found in the toilet the next day indicating that he had at some point gone to the toilet. Some people believe that Rudy Guede’s version of events, despite being absurd do actually have some basis in truth as he has the awful habit of attempting to explain away things he knows the investigating officers can incriminate him with.

Like the faeces he left in the toilet for example. Rudy’s own version of events actually explains that he rushed off the toilet, had a confrontation with the killer and tried to help Meredith by stemming the flow of blood with towels, allegedly two blood soaked towels were found at the crime scene. With this in mind we could consider that Rudy became overly excited or scared during the attack, resulting in the need to visit the toilet, we could also suggest he was in the toilet before Meredith was killed. It seems highly likely that as the faeces was found in the toilet and Rudy attempted to explain it that he actually used the bathroom before Meredith was killed and certainly before he fled the cottage, after all I doubt he would hang around to use the loo after the piercing scream and the resulting knife wound, as Brian S explains in his theory, probably caused them all to flee. If the lone wolf theory is to be believed, doesn’t it seem a bit odd that Guede would be sat on the loo whilst the victim was left to her own devices? I think a far more likely scenario is that Guede was not alone in the cottage that night, Amanda and Raffaele were “˜taking care of Meredith’ while he dashed to the loo.

The Neck

I am still struggling to understand exactly how all three came to be present in the cottage that night and the exact sequence of events that led to the attack on Meredith. Arnold Layne recently put forward an excellent possible scenario as did Brian S, both can be found on TJMK.

Some evidence such as the knife and possibly Raffaele’s car in the driveway suggests an element of planning, yet other factors suggest it was anything but, as the crime itself seems rather disorganised. There certainly seem to be a number of fantasies coming through, specifically hinting at one or more of those involved gaining some kind of enjoyment in watching the victim suffer and, due to the nature of the injuries some possible fantasies linked to the victims neck.

Meredith sustained several neck injuries consistent with being manually strangled, cut with a knife before being fatally stabbed. The crime reconstruction has one of the defendants holding Meredith from behind, the other to the side holding her head up and exposing the neck with the third member of the group attacking with the knife.

So what is this apparent fascination with the neck? If they’d wanted to ensure the victim did not scream why not attempt to use a rudimentary gag such as a cloth or a sock? Though many have suggested that the neck injuries were specifically inflicted to ensure the victim didn’t scream it could (and this is where it gets pretty distressing) also be suggested that the attackers wanted to hear poor Meredith plead and beg for her life, they probably hadn’t counted on her screaming.

Any sex related homicide will usually reveal something that has a special kind of significance for the killer. I believe this may have been Meredith’s neck. They could have silenced her in any number of ways yet I believe they chose not to and underestimated her capacity to scream, it was in all likelihood her final scream, heard by a witness, that may have encouraged the fatal “˜panic blow’. It could be suggested that as this was possibly a panic blow, that the offenders had not yet finished “˜playing’ with Meredith, her final scream may have sadly sealed her fate but also ensured her suffering was not prolonged further.

Before she was fatally injured the medical examiner also determined that Meredith had been strangled. This attempt was clearly unsuccessful. According to this report:

“Only eleven pounds of pressure placed on both carotid arteries for ten seconds is necessary to cause unconsciousness.4 How-ever, if pressure is released immediately, consciousness will be regained within ten seconds. To completely close off the trachea, three times as much pressure (33 lbs.) is required. Brain death will occur in 4 to 5 minutes, if strangulation persists”

As Meredith was still very much alive when she was stabbed it could be suggested that whoever tried to strangle her, could not complete the act or believed they already had. Strangulation is more closely associated with sexual homicide than other injuries present. Most offenders who engage in strangulation apply the wrong type of pressure, use an incorrect and not yet perfected “˜technique’ especially if they are using their hands, I can imagine it’s very difficult to strangle someone if you don’t know what you are doing and especially if they are kicking and resisting. Meredith may have temporarily lost conscious, regained it and attempted to break free. This may have been the critical moment when the assailants decided to fatally injure her with the knife but not before she was taunted viciously.

Evidence available about the manner in which Meredith died suggests not only a vicious group attack but an apparent fascination with a specific area of her body upon which she sustained injuries above and beyond what was necessary to subdue or kill. This apparent fascination with Meredith’s neck could indicate the role of certain fantasies or schemas about “˜how to kill someone’. It seems odd that the assailants specifically chose to focus on her neck, after all stab wounds to the heart or abdomen are just as fatal. What was it about Meredith’s neck that provoked the injuries she sustained? I’m afraid we will never know but it is an important point to consider especially if we are to conclude that sexual fantasy may have played a role in her death.

The Two Stages of the Motive

If we consider that the murder itself was not premeditated we could also consider the motive in two different stages, this is not to suggest they are not inextricably linked as they inevitably are, however it’s a lot harder to consider the motive for the murder when attempting to understand not only the complex group dynamic but the crime as a whole. The initial motive for the attack on Meredith is still unclear. It may seem difficult to separate these two but when we do it becomes a little easier to understand.

At some stage and for whatever reason Amanda Knox, Raffaele Sollecito and Rudy Guede ended up at 7 Via Della Pergola. They may have been high, they may have been sober or they may have intended to scare Meredith, initiate a group sex activity, even commit an act of violence. Though it may seem ridiculous to suggest this is unimportant, it really is the case. The crime scene evidence suggests the involvement of all three and though clarity and closure for the family would be ideal I fear we will never really know how or why this attack started. So it follows that we must study the trail of evidence left both at the crime scene and on the victim’s body itself. The evidence put forward so far suggests that if the plan was not to kill Meredith that night that the motive of the group may have suddenly changed at a critical point.

At one point the motive of the group changed and although the motive for the initial attack seems unclear, the motive for the later stage of the attack is not. At one point it changed from the sexual assault, argument or game, to killing Meredith.

This became the primary motive of one or all members of the group, why else would Meredith have been so viciously strangled? Why did this not kill her? Why was the attempt at strangulation abandoned in favour of the more intrusive method which caused the injury she sustained to the neck that later caused her death? Why were the group so determined to kill Meredith Kercher?

That part at least is probably easily explainable. She knew them, she could identify them and the attack had already gone so far they knew that letting her get out alive would almost certainly mean serving a long jail sentence. They decided to silence her forever. They cut her throat, took her mobile phones, locked her in her bedroom and left her to die. Later having realised the chaos and incriminating evidence left behind, two of them returned to begin the clean-up and staging of the crime scene, the other went to dance the night away.

This is why, with the evidence available so far that I believe the right people are on trial for their role in the senseless and brutal murder of Meredith Kercher. If any of you are coming here for the first time having watched the 48 hours show I implore you to seek out more information. The show barely touched the surface of how brutal and cruel the murder of poor Meredith actually was and hopefully with the aid of a little psychology theory I have successfully achieved my objective of showing how, aside from merely the physical evidence suggesting it is in fact an impossible scenario, the lone wolf theory has no credibility and doesn’t make any sense in the real world.


Wednesday, March 04, 2009

Powerpoints #11: Countering The Spin By The Defenses On The Recent Cottage Break-in

Posted by Kermit





Click here if you have Powerpoint or the Powerpoint Viewer program loaded. If not here is the Viewer download.

TJMK is getting a reputation for cool, precise, painstaking, and illuminating examination of the evidence made available.  We have frequently wanned others not to jump the gun or to mischaracterize known evidence when so very much of it is not yet in the open.

Just over two weeks ago, on 18 February, the Italian police discovered that in recent days intruders had broken their way into the girls’ apartment in the house on Via della Pergola.  The intruders had entered through the kitchen window to the north, opening onto the balcony.

This strange happening sparked many concerned questions, especially in Italy. For example, was the break-in perhaps related to the crime of 1 November 2007 and the trial now underway?

Nobody knows as yet. Police investigations continue. But it is just possible that it WAS related to the case. And if it was, there seem to be several possibilities as to why:

1) Proof of easy access for burglars?

The break-in could have been a demonstration of how a thief could very easily make his way into the cottage, similar to the notional “lone wolf” attacker that Raffaele Sollecito’s lawyer Ms Bongiorno has been promoting as the real perpetrator of the crime.

2) Proof of contamination of DNA evidence?

If an undetected thief could have entered the cottage between 2 November 2007 and the date when the bra clasp with Raffaele’s DNA was collected in mid-December, that could be an explanation for the unlikely DNA contamination which the defence teams claim might have occurred.

3) Modification or removal of remaining evidence?

The break-in could have taken place with the object of modifying or removing some remaining evidence which the police have not yet collected, evidence which may soon become significant for example in the course of a confession by one of the defendants or Rudy Guede..

4) A threat or message to the police?

The fact that during the break-in some knives in the cottage were arranged in a suggestive manner, and one was placed on a police envelope (apparently brought in by the intruders and unrelated to the previous evidence gathering) might point towards the intruders making some threat to the police, or trying to send some message to them.  This possibility becomes a bit more significant when one considers that the break-in occurred just before the resumption of the trial, when the 12 police investigators who were involved in the crime-scene investigation were all just about to give their testimonies before the court.

5) Unrelated possibilities to explain the break-in?

Perhaps it really was some sort of satanic rite. Or a prank or a hoax. Or it might simply have been some itinerants getting in to spend a night out of the extreme cold.

Defense spin has been attempted along most of these lines, to suggest that the prosecutors and crime scene investigators really did botch the investigation.

The most outlandish of all claims was in the blog section of the Seattle Post-Intelligencer. That, because the perpetrators of this break-in quite easily got in through the KITCHEN window it proves they easily could have got in through a BEDROOM window. And this despite the facts that:

These Powerpoints here set out to demonstrate that there is no possible parallel between this THEORETICAL break-in through Filomena’s bedroom and the ACTUAL break-in through the kitchen window.


Wednesday, February 25, 2009

Understanding Micheli #4: The Staged Scene - Who Returned To Move Meredith?

Posted by Brian S




1. Where We Stand

Just to recap. Judge Micheli presided over Rudy Guede’s trial and sentencing and the final hearing that committed Raffaele Sollecito and Amanda Knox to trial.

Late January he made public the 106-page report that explains the thinking behind both actions. These posts are examining key areas of the report so that we too may decide on the rationales.

2. The Final Position Of The Body

Why this matters so much is that if the evidence holds firm, all by itself it will prove that there was a major rearrangement of the crime scene, to try to throw investigators off the trail.

This is as near to an 80,000 pound gorilla in the room as we are likely to see in this trial. And it may even be on the trial agenda for this coming Friday and Saturday.

Reports by the crime-scene investigators and Dr Lalli are summarised in Judge Micheli’s report. They describe the detail of the scene discovered in Meredith’s room. The investigators measured and photographed the position and state of everything, including blood, as it was in the room before anything was moved.

Amongst the items noted was a white bra. Some parts were soaked in blood, particularly the right shoulder strap and the outside of the left cup. They also noted that a portion of the backstrap with its clasp fixings was missing. Meredith herself was lying on her back midway between the wardrobe and the bed, without her jeans, a pillow under her buttocks and her top rolled up to reveal her chest.

Following this survey, Meredith’s body was then turned and moved by the investigators. This revealed the other items on which her body had lain. A tennis shoe, a white sheet from the bed and a blue zipped top, all with blood stains. Also a green bath towel and an ivory bath towel, both soaked in blood, and underneath the pillow was the missing clasp section of the bra back-strap.

Judge Micheli notes that Amanda’s defence claimed that “the small round spots of blood” apparent on Meredith’s chest indicated that she was not wearing her bra when she was killed. He agreed that it was likely that these spots fell from Meredith’s gasps for breath as she lay on her back after she had been stabbed. However, he could not agree with their conclusion that her bra had been removed before this time, as similar small round spots were also found on Meredith’s bra.

Micheli reasoned that this indicated that Meredith was still wearing her bra as she gasped for breath, but that her top was rolled up and the bra moved also. Thus indicating the sexual nature of the original attack, but also allowing the small round spots to fall on both chest and bra. Furthermore, other blood evidence involving the bra indicated that it wasn’t removed until some time after Meredith had died.

He said that Meredith’s bra was found by investigators away from other possible blood contamination on the floor, near to her feet. Photographs of Meredith’s body show clear white areas where the bra prevented blood from falling onto Merediths body. These white areas corresponded to those areas where blood was found on her bra. This was particularly true in the area of the right shoulder strap which was soaked from the wound to Meredith’s neck.

Micheli said that evidence showed that Meredith had lain on one shoulder near the wardrobe. She lay in that position long enough for the imprint of her shoulder and bra strap to remain fixed in the pool of blood after she was moved to the position in which her body was finally found. Photographs of blood on her shoulder matched the imprint by the wardrobe and her shoulder itself also showed signs that she had remained in that position for some time.

Based on all this, Judge Micheli concluded that there could be no doubt that Meredith’s body was moved away from the wardrobe and her bra removed quite some time after her death.

Neighbor Nara Capezzali had testified that people fled from the cottage within a minute of Meredith’s final scream. There was no time for any alteration of the crime scene in those very few moments.

Judge Micheli asks in his report, who could have returned later and staged the scene which was found? Who later moved Meredith’s body and cut off her bra? He reasons it could only be someone who had an interest in changing what would become a crime scene found at the cottage. Who else but someone who lived there, and who wanted to mislead the coming investigation?

It couldn’t have been Laura, she was in Rome. It couldn’t have been Filomena, she was staying with her boyfriend. It was very unlikely that it was Rudy Guede, all proofs of his presence were left untouched.

The culprits ran from the cottage in different directions and there is no reason to believe they met up again before some or one of them returned. Judge Micheli stated that, in his opinion, this just left Knox who would seem to have an interest in arranging the scene the police would find.

Bloody footprints made visible with luminol in Filomena’s room contain Meredith’s DNA. This indicated to Judge Micheli that the scene in Filomena’s room was also staged after Meredith was killed.

In Micheli’s opinion the scene in Meredith’s room was probably staged to point the finger at Rudy Guede. All evidence related to him was left untouched, and the pillow with a partial palm print was found under Meredith’s repositioned body.

But whoever later arranged that scene in Meredith’s room also unwittingly indicated their own presence at the original sexual assault. Who else could have known that by staging an obvious rape scene, they would inevitably point the investigators towards Rudy’s DNA which they knew could be found in Meredith?

Micheli asks: Seemingly, who else could it have been but Amanda Knox? And this in part is why she was committed to trial, for her defense to contend this evidence.


Saturday, February 07, 2009

Trial: Friday Afternoon Testimony On The Apparent Staged Breakin

Posted by Peter Quennell


Today’s witnesses include Meredith’s roomie Filomena and Meredith’s new boyfriend who lived downstairs.

Click above for Nick Squires’ report in the Daily Telegraph on the Friday afternoon proceedings. On the apparent staged breakin:

Inspector Michele Battistelli, of Italy’s postal police, was one of the first officers on the scene after two mobile phones belonging to Miss Kercher were found dumped in a nearby garden and neighbours alerted police.

He found that a window in a room belonging to one of Miss Kercher’s Italian flat mates, Filomena Romanelli, had been broken but the shattered glass lay on top of the clothes scattered on the floor.

“Straightaway I thought it was an attempt to make it look like a burglary,” Insp Battistelli told the centuries-old vaulted courtroom in Perugia.

His suspicions increased when he discovered that a laptop, a video-camera and other valuables had not been stolen from the house. “They were all items that would have been taken in a break-in,” he said.


Thursday, February 05, 2009

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

Posted by Brian S


And so decided that Raffaele Sollecito and Amanda Knox should face trial.

First, just to recap: Judge Micheli presided over both Rudy Guede’s trial and sentencing to 30 years and the final hearing that committed the two present defendants to trial.

Ten days ago, Judge Micheli made public the 106-page report that explains the thinking behind both actions. This is a public document, and in the enviable Italian legitimizing process, the public is encouraged to get and read the report and to understand the full rationales. Excellent analyses have already appeared in Italian in Italy, but no English-speaking sources on the facts of the case have either put the report into English or published more than the most superficial analysis.

These posts are examining several very key areas of the report so that we too may choose whether to buy into the rationales. The translations into English used here were by native-Italian speakers and fellow posters Nicki and Catnip.

Right at the outset of his Sentence Report on the conviction of Rudy Guede, Judge Micheli stated that it was neither the place nor his intention to make the case against either Raffaele Sollecito or Amanda Knox. He said he must necessarily involve them to the extent that they were present at the discovery of Meredith’s body. He said he must also examine evidence against them where he saw it as indicating that Rudy Guede was not a lone wolf killer and implicated them as his possible accomplices in Meredith’s murder.

Judge Micheli described the sequence of events laid out by the prosecution which lead to the discovery of Meredith’s body:

Early on the morning of November 2nd, Signora Lana Biscarini received a bomb threat call made to her home at 5A Via Sperandio. (This later transpired to be a hoax.)

Some time later Signora Biscarini found a mobile phone in her garden. She “had heard” that bombs could be concealed in mobile phones and so she took it to the police station arriving at 10:58am as recorded by ISP. Bartolozzi

The postal police examined the phone and following removal of the SIM card, discovered at 11:38am that it belonged to a Filomena Romanelli who lived at the cottage at 7 Via della Pergola. Following a call by Signora Biscarini to check with her daughter who was still at home, it is in the record at 11:50am that neither say they know the Filomena in question. At around noon Signora Biscarini’s daughter rings her mother at the police station to say she has found a second phone.

The second phone (Meredith’s) is collected from Via Sperandio and taken to the police station. Its receipt there is logged by ISP. Bartolozzi at 12:46pm. During its examination Meredith’s phone is also logged as connecting to the cell of Strada Borghetto di Prepo, which covers the police station, at 13:00pm. At 13:50pm both phones, which have never left the police station following their finding, are officially seized. This seizure is entered in the log at 14:00pm.

Separately, as part of the bomb hoax investigation, agents of the postal police are dispatched to make enquiries at Filomena’s address in Via della Pergola.

They are recorded in the log and filmed on the car park camera as arriving at 12:35pm. They were not in possession of Filomena’s phone, which remained at the police station, nor of Meredith’s which at this time was being taken from Via Sperandio to the police station for examination as part of the bomb hoax enquiry.

Judge Micheli said that some confusion was created by the evidence of Luca Altieri (Filomena’s boyfriend) who said he saw two mobile phones on the table at the cottage. But, Micheli said, these two phones either belonged to the others who arrived, the postal police themselves or Amanda and Raffaele. They were NOT the phones of Filomena or Meredith.

On their arrival at the cottage, the agents of the postal police found Raffaele Sollecito and Amanda Knox standing outside the front door.

The two seemed surprised to see them (the postal police had come to talk to Filomena about a bomb hoax which potentially involved her phone, plus they had recently been informed of the discovery of second phone in the same garden), but then they explained they had discovered suspicious circumstances inside the cottage.

Raffaele said he had already phoned the police and they were awaiting their arrival in connection with that. Elsewhere in his report Micheli points out that Raffaele did, in fact, make a call to his sister at 12:50pm, followed by two calls to “112” reporting a possible burglary at 12:51 and 12:54pm, 15 minutes after the arrival of the postal agents.

Judge Micheli said the postal police were shown into the cottage by Raffaele and Amanda. They pointed out the traces of blood around the apartment, the state of the toilet and the disturbance to Filomena’s room. They said they didn’t think anything had been taken. They pointed out that Meredith’s door appeared to be locked, Raffaele said he had tried to open it, but Amanda said Meredith used to lock the door even when she was going to the bathroom to shower.

Shortly afterwards Luca Altieri and Marco Zaroli arrived. Luca said he had just been contacted by his girlfriend Filomena, who in turn had just been contacted by Amanda Knox about the possible break in. A few minutes later, Filomena herself arrived with Paola Grande. Micheli noted that Filomena had immediately contradicted what Amanda had told the postal police and she said that Meredith never locked her door. She also told the postal police that the phone found with a SIM card in her name was in fact Meredith’s 2nd phone, that she had given Meredith the SIM as a present. The postal police said that they didn’t have the authority to damage property and so the decision was made that Luca would break down the door.

This he did. The scene when the door flew open was instantly obvious, blood everywhere and a body on the floor, hidden under a duvet except for a foot and the top of Meredith’s head. At that point ISP Battistelli instantly took charge. He closed the door and forbade anyone to enter the room before contacting HQ.

Following his description of the events which lead to the discovery of Meredith’s body, Micheli then dedicates quite a few pages of his report to detailing the exact locations, positions, descriptions and measurements of all the items, blood stains, pools and spots etc.etc. found in her room when the investigators arrived. He also goes into precise details on the injuries, marks, cuts and bruises etc. which were found by Lalli when he examined Meredith’s body in situ at the cottage before she was moved. Despite their extent, it is obvious these details are only a summary of the initial police report and also a report made by Lalli on the 2nd November.

It is these details which allowed the prosecution to lay out their scenario for the events which they say must have happened in the room. It is also these details which convince Micheli that it was impossible for this crime to be carried out by a single person. In his report, he dismisses completely the scenarios presented by the defences of Amanda and Raffaele for a “lone wolf killing”. Micheli says that he is convinced that Meredith was sexually assaulted and then murdered by multiple attackers.

Judge Micheli also explains in his report how the law will decide on sexual assault or rape where the medical report (as was Lalli’s) is somewhat inconclusive. Else there would be no point in a woman reporting rape unless she had serious internal injuries. His conclusion: Meredith was raped by Rudy Guede manually.

So why does Judge Micheli believe that Amanda Knox and Raffaele Sollicto were possible accomplices of Rudy Guede and should be tried for the murder of Meredith Kercher?

In his report, he doesn’t look at the evidence which involves just them, nor does he analyze their various stories in his report. He doesn’t look at events involving them which occurred between the 2nd and 5th November. He does note a few items here and there, but these aren’t given as the major reasons for his decision to indict them.

He notes Raffaele’s apparent lies about the time he made the 112 phone calls. He dismisses Raffaele’s defense claim that the disposal of Meredith’s phones didn’t allow time for Raffaele to get to the cottage after watching his film, kill Meredith, and then dispose of the phones in Via Sperandio before the aborted call to Meredith’s bank. He noted that the cell which picked up the brief 10:13 call to Meredith’s bank also picked up most of Meredith’s calls home.

He asked whether it was possible for anybody to believe that each time Meredith wanted to phone home, she walked down to Via Sperandio to make the call. He notes that the police found Amanda and Raffaele’s behaviour suspicious almost straight away. He notes that Filomena said that the relationship between Amanda and Meredith had deteriorated by October. He says he doesn’t believe at all that cannabis caused any loss of Amanda’s and Raffaele’s memories.

Judge Micheli says he bases his decision on the following points of evidence:

[Note: The following paragraph numbers form no part of Micheli’s report. They are used in the context of this summary to identify the points of evidence contained in his report which will be examined and summarised in greater detail in follow-up posts]

1) Judge Micheli, after hearing both prosecution and defense arguments about Meredith’s and Amanda’s DNA on the knife and Raffaele’s DNA on Meredith’s bra clasp, accepted the prosecution argument that that both were valid evidence. He did note, however, that he fully expected that the same argument would be heard again at the full trial. In his report, Micheli dedicates several pages to explaining the opposing arguments and how he made his decision to allow the evidence. It is a detailed technical argument, and it is not proposed to examine it any closer in this post.

2) Judge Micheli explains that blood evidence proves that Meredith was wearing her bra when she was killed. Nor is it just the blood on her bra which demonstrates this. It’s also where the blood isn’t on her body. He says that Meredith was wearing her bra normally when she laid in the position in which she died, and she was still wearing it for quite some time after she was dead. Her bra strap marks and the position of her shoulder are imprinted in the pool of blood in that position. Meredith’s shoulder also shows the signs that she lay in that position for quite some time.

He asks the question: Who came back, cut off Meredith’s bra and moved her body some time later? It wasn’t Rudy Guede. He went home, cleaned himself up and went out on the town with his friends. Judge Micheli reasons in his report that it could only have been done by someone who knew about Meredith’s death and had an interest in arranging the scene in Meredith’s room. Seemingly who else but Amanda Knox?

She was apparently the only person in Perugia that night who could gain entry to the cottage. And the clasp which was cut with a knife when Meredith’s bra was removed was found on November 2nd when Meredith’s body was moved by the investigators. It was right under the pillow which was placed under Meredith when she was moved by someone from the position in which she died. On that clasp and its inch of fabric is the DNA of Raffaele Sollecito and Amanda Knox. Micheli reasons in his report that Raffaele and Amanda seemed to have returned to the cottage some time after Meredith was dead, cut off her bra, moved her body, and staged the scene in Meredith’s room.

3) Judge Micheli explains his reasoning on the method of Rudy’s entry into the cottage. He says that Rudy’s entry through the window is a very unlikely scenario and the evidence also indicates otherwise. He says the height and position of the window would expose any climber to the full glare of traffic headlights from cars on Via della Pergola. He asks, why wouldn’t a thief choose to break in through a ground floor window of the empty house? He says the broken glass and marks on the shutter both demonstrate the window was broken from the inside, some of the glass even falling on top of Filomena’s clothes which had been thrown around the room to simulate a robbery.

But his major reasoning for believing Rudy’s entry was through the front door are the bloody bare footprints which show up with luminol and fit Knox’s and Sollecito’s feet. These suggest that they entered Filomena’s room and created the scene in there after Meredith was killed. Allessandra Formica witnessed Rudy run away shortly after Meredith was stabbed. Someone went back later, left those footprints and staged the scene.

This, when considered in combination with the knowledge that person demonstrated of Rudy’s biological involvement with Meredith when they also staged the sex assault scene in Meredith’s own room indicates that that person was present when Meredith was assaulted and killed. He said it also demonstrated an attempt by someone who had an interest in altering the evidence in the house to leave the blame at Rudy’s door. Micheli reasoned, the only person who could have witnessed Rudy’s earlier sex assault on Meredith, could gain entry via the door and had an interest in altering the crime scene in the house appeared to be Amanda Knox. In his report, Micheli states that this logic leads him to believe that Amanda Knox was the one who let Rudy Guede into the cottage through the front door.

4) Judge Micheli examines the evidence of Antonio Curatolo. He says that although Curatolo mixes up his dates in his statement, he does have a fix on the night he saw Amanda and Raffaele in Piazza Grimana sometime around 11:00 to 11:30pm. Curatolo is certain it was the night before the Piazza filled up with policemen asking if anyone had seen Meredith. In his evidence, he says they came into the square from the direction of Via Pinturicchio and kept looking towards the cottage at Via della Pergola from a position in the square where they could see the entrance gate.

Judge Micheli reasons in his report that their arrival from Via Pinturicchio ties in with the evidence from Nara Capazzali that she heard someone run up the stairs in the direction of that street. He also reasons that they were likely watching the cottage to see if Meredith’s scream had resulted in the arrival of the police or other activity.

5) Judge Micheli examines the evidence of Hekuran Kokomani and finds him far from discredited. His says the testimony is garbled, his dates and times makes no sense but…. that Hekuran Kokomani was in the vicinity of the cottage on both 31st Oct. and 1st Nov isn’t in doubt. Furthermore, Micheli says that when he gave his statement, the details which he gave of the breakdown of the car, the tow truck and the people involved weren’t known by anyone else. He must have witnessed the breakdown in Via della Pergola. The same breakdown was also seen by Allessandra Formica shortly after Rudy Guede collided with her boyfriend.

This places Hekuran Kokomani outside the cottage right around the time of Meredith’s murder and he in turn places Raffaele Sollecito, Amanda Knox and Rudy Guede together outside the cottage at the same time. His evidence also places all three outside the cottage at some time the previous night.

Judge Michelii found that all this evidence implicated Amanda Knox and Raffaele Sollecito as accomplices of Rudy Guede in the murder of Meredith Kercher.


Tuesday, January 27, 2009

Judge’s Report On Guede Sentence Suggests Roles Of Knox And Sollecito

Posted by The TJMK Main Posters


Seems rather a bombshell for the remaining two defendants. A shapeshifter, even.

Last October, Judge Micheli [bottom here] released a summary rationale of his verdict and sentencing of Guede. And last night, the judge released his full report on the rationale.

Richard Owen of the London Times [above] seems the only reporter so far to have read all 106 pages - how we wish American coverage could achieve this superb level. Some excerpts:

Judge Paolo Micheli, releasing a report on his reasons for sentencing Rudy Guede, 22, to 30 years in prison in October for his part in the murder, said the killing was “a group crime”. Guede had not himself cut Ms Kercher’s throat. But there was “cast iron proof” that he had taken part in the murder, even if he did not strike the “mortal blow”.

Under Italian law a judge has to outline the “motivation” behind his verdict. Unlike Ms Knox and Mr Sollecito, Guede… opted for a “fast track” trial in the hope of a reduced sentence.

Judge Micheli was also the pre-trial judge who in October said there was enough evidence against Ms Knox and Mr Sollecito for them to be sent for trial. The prosecution alleges that Guede tried to sexually assault Ms Kercher while Mr Sollecito held her down and Ms Knox toyed with a knife against her throat, which she then used to stab her. Judge Micheli said he accepted that there was “complicity” between the assailants, but said some aspects of the prosecution reconstruction were “fantasy”.

Reconstructing the crime in his 106-page report, Judge Micheli said the first blow was struck at Ms Kercher while she was standing up. He said she was killed because she refused to take part in a sexual game which “escalated into violence and got out of control”.

Judge Micheli said Guede was “a liar” and there were “no extenuating circumstances”. “Even someone who wanted to believe him would find it impossible,” the judge wrote. He added: “It is credible that Guede entered the house because he was let into it by someone else, and that someone could only be Amanda Knox.”

He said there had been an “agreed plan” to satisfy “sexual instincts” which ended in “murderous intent”. Guede had continued to try to assault Ms Kercher sexually even when a knife was produced and even when the knife “sank deeper into her neck” the judge said. Guede had not completed the sexual act only because of Ms Kercher’s “screams of pain and fear”.

The prosecution in the trial of Ms Knox and Mr Sollecito alleges that Ms Knox arranged for Guede, who had made clear that he was attracted to Ms Kercher and wanted to have sex with her, to come to the cottage when she knew her flatmate was there.

Judge Micheli said the statements Guede, who fled to Germany after the murder, had made following his arrest and extradition to Italy were “nothing more than a colossal accumulation of contradictions and attempts to throw investigators off the track”.

In his haste to flee, Guede had bumped into a couple near the cottage who had testified to police, the judge said. Ms Knox and Mr Sollecito meanwhile had been seen at a square above the cottage by a homeless man, and apparently waited there “to see if police arrived”, the judge said.

He said that because of “complicity” between the three, Guede had “never once mentioned the name Amanda” until late into the inquiry, when he said he had heard Ms Knox’s voice at the door and seen a man “resembling” Mr Sollecito….

Judge Micheli said Guede had had “no intention of saving” Ms Kercher’s life as she lay bleeding to death. He noted that neighbours had testified that they clearly heard a woman screaming in agony inside the cottage late at night.

In his defence Guede had claimed that he was in the bathroom with stomach pains when Ms Kercher was murdered. The judge said this was untrue.

So it seems Meredith was set-up. Tortured. Stabbed, many times. And abandoned. Walked out on, when she still could have been saved. Savagery incarnate.

Poor Meredith. Poor poor Meredith. How very much sadness you evoke.


Tuesday, January 06, 2009

Powerpoints #10: The DNA Evidence May Be A Tough Mole To Whack

Posted by Nicki





We now show in this second Powerpoint presentation what a tough mole to whack that one might be.

We have already covered here the basics of DNA evidence.

That presentation covers the definitions of valid and invalid DNA samples, how contamination might occur, who collected and analyzed the Perugia samples, and how the samples will have been stored.

DNA analysis has been done on the various luminol-enhanced footprints in the house that Kermit analyzed for us.

Also on the knife found hidden in Sollecito’s apartment, and on some items of clothing, and on some fittings and fixtures in Meredith’s house.

And quite possibly on other items, too.

Here’s defense lawyer Theodore Simon in the recent NBC Dateline documentary:

Theodore Simon thinks the prosecutors evidence made public so far is daunting. The defense could argue a faked robbery, and a moved body, and contamination, but eventually it could become like whack-a-mole and all of their arguments could lose force.

Theodore ain’t the only one. New York lawyers following the case reckon the odds of defense arguments losing traction because there are just too many evidentiary moles to be whacked down are already high.

The defenses seem to be indicating that they will argue at trial that all of the many DNA samples might be too small, or too contaminated, or less than 100 percent of a match.

Nothing seems to stand out in the Perugia DNA process to suggest a major failing at any point. And if there was one, only scientific evidence in proof of this will influence the court, and innuendo will really go nowhere.

Further presentations will build on this one when the precise DNA samples being challenged become known.


Monday, January 05, 2009

Another Dog-And-Pony Show Friday: A Second Defense Attempt At Filomena’s Window

Posted by Peter Quennell





Kermit has already analysed the first, failed attempt for us.

It’s just been reported in the Italian media that a second defense test has been scheduled for 12:30 this Friday. If they fail that test for a second time, it will be pretty obvious to the known universe that:

  • There never was a burglar who covered up a burglary with a sex crime, a bizarre move almost unknown in the annals of crime as the penalties are so very much harsher.

  • There really was a rearrangement of the crime scene in an attempt to point the finger of blame at a single perpetrator who had just taken to his heels up some local steps.

A lot is riding on this one. We guess the burglar the defense hired for the job will be in real fighting trim.

Update: Did the defense blink?! Today’s show simply involved engineers, Giovanni Lombardi and Pasquale di Francesco, apparently retired police technicians.

They took measurements to see if that 4-kilo rock could have been thrown from wherever to land where it did in Filomena’s room.

Why not just, you know, bite the bullet, and actually try throwing the rock?!

No prizes are offered for the answer to that one. There was no Spiderman act, no lawyers were present, and no glass was broken.


Friday, November 14, 2008

Powerpoints #8: Forced Entry Via Filomena’s Window Fails The Giggle Test

Posted by Kermit





One of the more bizarre defense dog-and-pony shows of the past few months was a defense attempt to show that a burglar may have entered by the window.

Please click here for the Powerpoint presentation.

Also click on the images below for larger versions. The first is of the window of Filomena’s room. Broken on the night with a huge rock, found lying inside. (The prosecutors think it was all staged from the inside.)

If you ever see that window for yourself, you might find yourself giggling in disbelief. First, even a gymnast from the Cirque du Soleil would find it tough to climb up via the (normally closed) window far below.

And then reach up, open the window through a small opening in the broken glass (without cutting themselves) and so pull themselves up and inside. Leaving zero scuff marks and zero DNA and zero broken glass below.

And second, there is a total of FIVE much easier points from which to break in. 

You can see two of them in the second image below: a bathroom window and a bedroom window. Both would have been in the dark. A third - a very dark balcony easy to climb up onto at night - is behind those olive trees to the right.

And there are two more ways in out the front: the front door, and the laundry-room window. A break-in via Filomena’s window is BY FAR the most difficult. Nobody - nobody - has come close to showing how it is done that way.

In this Powerpoint we examine the window from the inside. From that angle this is an especially hard sell. To open it requires a major contortion, made very dangerous by the glass still in the window.

(if you don’t have Powerpoint or the Powerpoint Viewer program loaded, here is the Viewer download.)








Wednesday, November 12, 2008

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

Posted by Kermit





Click here if you have Powerpoint or the Powerpoint Viewer program loaded. If not here is the Viewer download.

This is Judge Paolo Micheli explaining his sentencing of Rudy Guede on 28 October:

[Judge] Micheli agreed with prosecutors that more than one person took part in the sexual assault and murder, dismissing claims that the 47 bruises and knife wounds on Kercher’s body could have been made by a single attacker….  adding that while footprints there [in the house] might not definitely belong to Knox and Sollecito, they did indicate more than one attacker.

Will the judges and jury in the Knox and Sollecito trial early next year reach the same conclusion? It does look probable.

This Powerpoint is a hypothesis about six of those footprints. There seems to have been some sort of clean-up to try to hide them.

But they were revealed by luminol on the floor of the house. An analysis of evidence already in the public domain (there may be more) does point to the presence of three pairs of feet.

A sole-perpetrator theory of the crime might just be viable with two pairs of feet. But it is hard to see how a lone-perpetrator theory can hold up if there were three pairs of feet.


Thursday, October 30, 2008

Wow! Ground Really Disappearing From Under Knox-Sollecito Defense

Posted by Peter Quennell





Judge Paolo Micheli has now been interviewed by Messaggero Umbria, a newspaper published in Perugia.

The judge really seems to have arrived at a very clear conception of how the cruel, senseless deed took place.  Observe in particular these findings below.

All of them are devastating to the talking-points of Friends Of Amanda recently parroted in dozens of news outlets.

Three attackers were present

I took the opposite approach to that of the defence teams. The lawyers claimed that there was no proof of conspiracy between the three because they didn’t know each other and Kokomani’s testimony wasn’t reliable. They also said that it would have been impossible for them to have organised the crime since they had previous commitments which then fell through. My starting point was the three’s presence in the room where the crime was committed.

DNA on the bra clasp was RS’s

I don’t believe [the bra clasp] was contaminated. The dna either came from outside or it was in the room. It’s not possible that Raffaele Sollecito’s dna was in that room. He had no reason to go there.

No contamination of the knife DNA

It’s true that Amanda’s dna was also on another knife found at Sollecito’s home but there can’t have been contamination. I checked both the objects seized from the cottage in via della Pergola and Sollecito’s apartment in corso Garibaldi. Only once, on Nov6 last year, were objects taken from both locations on the same day and the officers who entered the two buildings were not the same.

Guede was not unknown to other two

The fact that there were no calls [with Rudy] is easy to explain; since Oct27, Rudy hasn’t had a mobile phone. It was taken off him by the police. One of the couple knew Rudy. Meeting people in Perugia is easy, it could have been a chance meeting too.

There was definitely sexual assault

There are some doubts about the dynamics and the position of the victim’s body when she was stabbed. These are however not sufficent to repudiate the hypothesis of sexual assault…. Sexual assault is also an “˜invasion’ of the body as was described in the autopsy. It is certain that the rapist pulled the victim’s top up. Some blood had also run down onto the trousers. It’s therefore plausible to think that whoever violated the victim put their hand down her trousers.

Why there was no rape

Why didnt they complete a rape?] Because she screamed. Also with a knife at her throat and being held down it’s likely that she shouted out. There is a witness, Nara Capezzali, who said she woke up and was shocked by this scream.

Meredith was restrained while taunted

On the victim’s right-hand there was one small cut, a few milimetres long, in between two fingers. On the left-hand, there were four clearly visible cuts. Also the tip of the finger had blood on it. This indicates that the victim’s right-hand was being held as she tried to defend herself with the left. After the fatal stab, she put her hands on the wound.

That last remark really drives home the true horror of Meredith’s incredibly cruel last few minutes. Someone was ferociously slashing away at Meredith like a maniac with a knife. And then did nothing at all to save her.

Walked out on her while she was still alive, clutching her neck to stop the life-blood flowing out of her.

After months of murky semi-silence from police and prosecutors, now the sentencing dossier quoted below and this interview seem like a fire-hose of information.

Is the judge signaling to the defense that a long-form trial will not work to their advantage? That they should simply cave now? Plead guilty, and hope?

And if they don’t, how on earth can they fight THIS sad, sick, depraved stuff?


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