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Category: Faked breakin

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 mid-evening, when he surely knew Knox and Kercher would be staying at the villa for the holidays and could have been there or returned at any time to “catch him in-the-act”?

    3) Surely Guede would have verified that no one was present by circling the cottage and checking if any lights were on in the windows? But Guede “missed” the really easy way in: the balcony in the dark at the rear, used in 2 burglaries in 2009.

    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

Twenty Forensic Reasons Why Guede Could NOT Have Attacked Meredith Alone

Posted by Cardiol MD



[Bongiorno in 2011 trying to rattle an unshakable Guede claiming Knox and Sollecito did the crime]

1. Guede Persona, An Overview

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.

2. Moving Target In Court

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 despite much innuendo they never really tried to prove he was a 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 became so nervous making his perjured claim that Guede told him Guede did it with two others that he was physically sick and had to take time off from the stand.

Aviello loudly proclaimed that his brother and another did it (not Guede) and 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 far-from-exhaustive list of 20 reasons why Rudy Guede could not have acted alone. Also why not one scrap of evidence has ever been found for any two other than Knox and Sollecito themselves.

3. Twenty Lone-Wolf Disproofs

1.  Guede’s Final Appeal Report said Meredith sustained 43 wounds

The testimony at the 2009 trial about the 43 wounds was presented in closed court out of humane respect by the jury for the feelings of Meredith’s family.

So even the diligent and trustworthy Italian media mostly missed this, as they were locked outside. 

Mention of the 43 wounds was omitted from the 2009 Massei Trial Report and also from the 2011 Hellman Appeal Report.

Its inclusion in the December 2010 in Judge Giordano’s Supreme Court report on Guede’s final appeal reflects the report’s excellent factual completeness.

The PMF translation reads, in relevant part:

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, a wound which caused a great deal of bleeding.

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 dance classes and played football & karate)

See the Massei Translation, p23.

Every day Meredith called her family, with whom she had a very close relationship. She had taken classes in dance and played sports (football, karate); she was a strong girl, both physically and in terms of temperament (cf. statements by her mother and by her sister Stephanie, hearing of June 6, 2009).

3.  Meredith was a strong girl, physically and in temperament

See the statements by her mother and by her sister Stephanie (hearing of June 6, 2009). and description of her karate. (Massei Translation, pp23, 164, 366, and 369).

With regard to the totality of these circumstances, it must be considered that Meredith could only have made an outright refusal to Rudy’s advances and in doing so could also count on her slim [fit] physique, which the photos allow [one] to understand, [and] on her good athletic training (other than dance she had also done sports characterised by a certain physicality such as football, and had even taken a course in karate), sustained by her strong character.

4.  Meredith must have been “strongly restrained”

See the Massei Translation, p371; p399, in the Italian original.

Conversely, considering the neck wounds sustained, it must be believed that Meredith remained in the same position, in a standing position, while continuously exposing her neck to the action of the person striking her now on the right and now on the left. Such a situation seems inexplicable if one does not accept the presence of more than one attacker who, holding the girl, strongly restrained her movements and struck her on the right and on the left because of the position of each of the attackers with respect to her, by which it was easier to strike her from that 372 side. One of these attackers was Rudy and the others were those who allowed Rudy to enter the house and who were with him in the house and who, in order to lead the nvestigations astray, then organised the staging of the broken window and the mess in Romanelli’s room: Amanda Knox and Raffaele Sollecito, according to all that has already been shown.

5.  Meredith remained virtually motionless throughout the attack

That was in spite of Meredith’s physical and personality characteristics [Massei Translation p369]  [Massei Translation p370-371].

A first indication to be taken into account is Meredith’s physical build: the photographs of her body and the data of her approximate height and weight reveal a physique with “normotrophic muscular mass and normally distributed subcutaneous fat” (cf. declarations Lalli p. 3), a slim physique which would have permitted Meredith to move with agility. To this must be added the declarations of the parents and the sister of Meredith. Her mother, Arline Carol Mary Kercher, recalled that Meredith had practised football and karate (p. 7 hearing 6 June 2009), and her sister, Stephanie Arline Lara, stated that Meredith also did boxing, if only the once, and that “physically she was very strong” (p. 20, hearing 6 June 2009). Also her father, John Leslie Kercher, declared that his daughter was quite strong and had taken a course in karate (p. 23 hearing 6 June 2009). It has also been noted that Meredith was not in bed and undressed when the “advances” and the attempts to subject her will commenced. Being still dressed and awake, and since it must be excluded because of what has been said above that the violent action could have taken place with Meredith lying on the bed, it is considered that she, who was sober and fully conscious since no traces indicating either the use of drugs or the abuse of alcohol were found, would have opposed a firm resistance, as she could claim a strong physique, experienced in self-defence by the lessons in karate that she had taken.

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.

The signs of this resistance, however, consist in a scream, the scream heard by Nara Capezzali at around around 23:30 and by Maria Ilaria Dramis when, having gone to bed at 22:00 pm, she awoke at a later time which she was not able to quantify; they consist also in some tiny defensive wounds: one on the palm of her [396] right hand of a length of .6cm showing a tiny amount of blood; another on the ulnar surface of the first phalange of the second finger of the left hand, also of length .6cm; another on the fingertip of the first finger with a 370   superficial wound of .3cm, and another tiny wound corresponding to the fourth radius.  Compared with these almost nonexistent defensive wounds (cf. report of Dr Lalli, pp. 33,  34, 35 with the relevant photos), there is an injured area which is impressive by the number,  distribution and diversity, specifically of the injuries (bruises and wounds) on the face and neck of Meredith.

7.  One killer couldn’t inflict 43 wounds with so few defensive wounds.

See the Massei Report quotes above.

8.  There must necessarily have been two knives at the scene of the crime

See the Massei Translation p377.

Even this consideration, therefore, leads one to hold that the biological trace attributable to Amanda and found on the knife handle, could have derived from the use of the knife for the purpose of striking, rather than to cut food; it could have derived, therefore, from the harmful action carried out against Meredith and as a consequence, a biological trace attributable to Meredith remained in the tiny striations present on the face of the blade, in spite of the subsequent cleaning, and which does not appear otherwise explainable as to how, in this regard, it was to be found there (Meredith had never been in Raffaele Sollecito’s house and could never have used this knife). Moreover, the knife Raffaele Sollecito carried with him had a definitely shorter blade as has been seen than the length that would have been necessary for causing the deeper resulting wound, with a depth of 8cm, and therefore, there must necessarily have been two knives at the scene of the crime, first one, and then the other, being used against Meredith.

9.  A lone killer would need one hand/arm or both to restrain Meredith

So how could he use 2 knives?  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 attack, one holding Meredith, both holding knives

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.  Meredith’s 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

Furthermore, 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.

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 Hellmann appeal RS’s lawyers didnt allege lone killer

They themselves brazenly introduced false testimony to the effect that there were two other killers.

18.  Even Hellmann didn’t deny the complicity of AK and RS

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.  Massei found that the evidence implicated AK and RS

He concluded they were joint perpetrators with Rudy Guede in the murder of Meredith Kercher.

4. Obvious Conclusions

Is it really reasonable to claim as Sollecito did in his 2012 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 Faked Break-In Via Filomena’s Window

Posted by pat az




1. Post Overview

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 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 faked. 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.

2. Knox 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.

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.


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.

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.

It must be held that when Filomena Romanelli left the house in via della Pergola, she had pulled the [interior] 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.

It cannot be assumed - as the Defence Consultant did - that the [interior] 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 [interior] 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).


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.

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, 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.

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.


The “climber” would also need to rely on the fact that the [interior] shutters were not actually latched, and also that the “scuri” ]blackout blind] 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.


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

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.


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